Search Results
Search Again (back)You searched for: Protection of Trees and the Environment
Abingdon Town Code 
View whole ordinance
Chapter 78 TREES, SHRUBS AND VEGETATION
ARTICLE IV. PLANTING, MAINTENANCE AND PROTECTION OF PUBLIC TREES
Sec. 78-11. Protection of public trees and shrubs, planting restrictions and removal of unsafe vegetation.
The following provisions to protect public trees and provide protective regulations governing planting and removal of unsafe vegetation shall apply to all persons, including natural persons, independent contractors, public utility companies, public works and other town departments:
(a) Trees endangered by excavation or construction. In the absence of a written waiver by the town arborist, any public tree located within 20 feet of any proposed (i) excavation, or (ii) construction of a building or other structure, or (iii) street work shall have its critical root zone protected from all building material, dirt or other debris which might be generated by the operation concerned. To accomplish such protection, the town arborist shall submit written instructions and the party responsible for the excavation, construction or work shall, in advance of commencing the operation, comply with such instructions by erecting a substantial fence, frame, shield or box not less than three feet high at a location calculated to protect the tree's critical root zone.
(b) Trees endangered by public works and other ditches. Without prior notification of and discussion with the town arborist and strict adherence to the town arborist's instructions relative to tree protection, no person shall change the natural grade, excavate any ditches, tunnels, trenches, or lay any line, within ten feet of the critical root zone of any tree in any public area. Provided that (i) the town arborist is notified as soon as practical after the work is done and (ii) the particular operation would not increase the existing utilities beyond their original capacity, the provisions of subsection (b) shall not apply to any person performing emergency work to restore existing underground utilities within the same trench.
(c) Trees put at risk by placement of materials on public property. No person shall deposit, place, store or maintain upon any public place any stone, brick, sand, concrete or other materials that might impede the free passage of air, water or fertilizer to the roots of any public tree.
(d) Distance of certain trees from public sewers. Poplar, willow, American elm or cottonwood trees planted anywhere in the town after the effective date of this ordinance shall be placed at least 100 feet away from public sewers.
(e) Planting in park or in or near public right-of-way.
(1) Shade or ornamental trees. No shade or ornamental tree or shrub shall be planted in any public right-of-way or within five feet of such right-of-way or in any public park until such tree or shrub shall have first been approved and the place where it is to be planted designated by the town manager and a permit granted therefore.
(2) Prohibited species. It shall be unlawful for any person to plant in any park or public right-of-way or within five feet of such right-of-way line the following trees: poplar, willow, cottonwood, fruit trees (except ornamental types), nut trees (except oak and hickory), ailanthus, mountain ash, mimosa, silver maple, American elm and sycamore maple.
(f) Attaching rope, sign or other device. No person shall fasten any rope, wire, sign, poster, handbill or other device to a tree or shrub or to any guard about such tree or shrub on a public right-of-way or in a park.
(g) Wires in right-of-way or park.
(1) Protection of trees and shrubs. Every person having or maintaining any electric, telephone, telegraph or other wires running through a public right-of-way or park shall securely fasten and maintain such wires in such a manner as will safeguard the trees and shrubs against any damage therefrom and shall make periodic adjustments whenever necessary to prevent damage to trees and shrubs growing in any public right-of-way or park.
(2) Consolidation. Persons having or maintaining any electric, telephone, telegraph or other wire running through a public right-of-way shall consolidate their wires so as to place as few poles as possible in the right-of-way and shall, whenever possible, place such poles in alleys, utility easements and along rear lot lines.
(h) Trimming or cutting of overhanging trees.
(1) The trimming or cutting of trees, the limbs of which overhang streets or sidewalks of the town, or trees located on the sidewalks or streets of the town, shall be done in the discretion and under the authority of the town manager and supervision of the town arborist. Such work shall be done in a proper manner with the least possible damage to the trees trimmed or cut.
(2) Any person applying for the privilege of trimming or cutting trees to promote the efficiency of a public utility shall pay all expenses incident to such work.
(3) It shall be unlawful for any owner of property adjacent to a street to obstruct or interfere with the cutting or trimming of trees under the provisions of subsection (h).
(i) Vegetation impeding, etc., movement of vehicular or pedestrian traffic ? Generally.
(1) Whenever it shall be determined by the department head of any department of the town that there is growing vegetation which impedes, hinders or makes unsafe the movement of either vehicular traffic or pedestrian traffic, the department head shall make a written report to the town manager, with copy to the town arborist, giving location and other pertinent information. Thereafter, the town arborist shall supervise any measures taken to correct the hazardous condition, as directed by the town manager.
(2) The town manager shall forthwith notify the owner of the property where such vegetation exists and shall demand that the owner shall, within the space of ten days, either completely remove such vegetation or trim such vegetation to such an extent as to remove any hazard. Such notice shall be served personally on the owner of the property if he resides on the property or is a resident of the town; otherwise, such notice shall be served on the owner by registered or certified mail with provision made for a return receipt. If the property is rental property, a copy of such notice shall be served on one of the tenants occupying it. If the owner of the property is a nonresident of the state and has an agent within the state who collects the rents from the property or has control of the property, then service of the notice upon such agent shall constitute service upon the owner. If any person shall fail to comply with the terms of such notice for a period of ten days, then the town shall abate the nuisance and all costs or charges incurred in connection therewith and duly assessed may be collected by the town from the owner of the premises as taxes and levies are collected, or may be recovered by suit as any other debt. The failure, neglect or refusal of any such owner or agent to comply with the terms of any such notice shall be unlawful. Each 24 hours subsequent to the time limit provided for by this section shall be taken to constitute a separate offense.
(j) Same?Lien for unpaid charges. Every charge authorized and duly assessed under subsection (i) shall, so long as it remains unpaid, constitute a lien against the real property in question.
(k) Pruning, injuring, removing vegetation. No person shall, without a permit from the town manager, cut, prune, break, injure or remove any tree, shrub or plant on a public right-of-way or in a park or cut, disturb or interfere in any way with any root of a tree, shrub or plant on a public right-of-way or in a park.
(l) Spraying or injecting. No person shall, without a permit from the town manager, spray or inject with any chemical any tree, shrub or plant on a public right-of-way or in a park.
(m) Removing, injuring guards. No person shall, without a permit from the town manager, remove or injure any guard or device placed to protect any tree or shrub on a public right-of-way or in a park.
(n) Closing or obstructing open space about base. No person shall, without a permit from the town manager, close or obstruct any open space provided about the base of a tree or shrub to permit the access of water, air and fertilizer to the roots of such tree or shrub on a public right-of-way or in a park.
(o) Allowing harmful substances to come in contact with roots or leaves. No person shall, without a permit from the town manager, allow any gaseous, liquid or solid substances harmful to the trees or shrubs on a public right-of-way or in a park to come in contact with the roots or leaves of such trees or shrubs.
(Ord. of 8-7-00)
Alexandria County Code View whole ordinance
TITLE 13 Miscellaneous Offenses
CHAPTER 1 General Offenses
Sec. 13-1-20 Same?gardens and orchards.
It shall be unlawful for any person to enter any enclosed or unenclosed vegetable garden or any orchard located within the city, without the consent of the owner, tenant or agent of the owner or tenant, and there cut down, injure, damage, destroy, eat or carry away any portion of the garden or orchard, including any growing thing, crop, tree, timber, seed, grass, soil, fertilizer, water supply, tool, implement, fence or any other protective device, or any other thing useful for the development, cultivation, maintenance and use of the garden or orchard. Any person violating the provisions of this section shall be guilty of a class 3 misdemeanor.
(Code 1963, Sec. 23-24; Ord. No. 2826, 6/28/83, Sec. 16)
Alexandria County Code View whole ordinance
TITLE 5 Transportation and Environmental Services
CHAPTER 10 Cemeteries
Sec. 5-10-2 - Injuries to cemeteries, burial grounds, etc.
(a) If any person shall:
?
(2) Willfully or maliciously destroy, remove, cut, break or injure any tree, shrub or plant within any cemetery or lot of any memorial or monumental association;
?
?
(Ord. No. 2630, 11/14/81, Sec. 1)
Alexandria County Code View whole ordinance
TITLE 5 Transportation and Environmental Services
CHAPTER 11 Gypsy Moth Control
Sec. 5-11-3 Duty of owner to suppress or control.
It shall be the duty of the owner of real property located within the city to suppress or control gypsy moths which have been determined by the city manager or the designee of the manager to pose a danger to trees on public or other private property.
(Ord. No. 2800, 5/14/83, Sec. 1; Ord. No. 3239, 10/19/87, Sec. 2)
Alexandria County Code View whole ordinance
TITLE 5 Transportation and Environmental Services
CHAPTER 11 Gypsy Moth Control
Sec. 5-11-2 Gypsy moths on private property; public nuisance; entry on private property.
Gypsy moths present on any private property which have reached a level which has been determined by the city manager or the designee of the manager to pose a danger to trees on public or other private property are hereby declared to constitute a public nuisance. To determine whether the level of gypsy moth infestation on any private property has become a danger to trees on public or other private property so as to constitute a public nuisance, the manager or the designee of the manager may enter upon the property to measure the infestation level.
(Ord. No. 2800, 5/14/83, Sec. 1; Ord. No. 3239, 10/19/87, Sec. 1)
Alexandria County Code View whole ordinance
TITLE 5 Transportation and Environmental Services
CHAPTER 4 Erosion and Sediment Control
Sec. 5-4-3 Same?change or disturb terrain.
?
(b) Except as provided in section 5-4-5 of this code, it shall be unlawful for any person to remove or destroy trees, shrubs, grass, weeds, vegetation, ground cover or other plant life on any land in the city unless there is in force an approved erosion and sedimentation control plan issued under the provisions of this chapter (Ord. No. 4489, 6/16/07, Sec. 1)
Alexandria County Code View whole ordinance
TITLE 5 Transportation and Environmental Services
CHAPTER 4 Erosion and Sediment Control
Sec. 5-4-4 Compliance with approved plan.
?
(c) It shall be unlawful for any person to remove or destroy trees, shrubs, grass, weeds, vegetation, ground cover or other plant life on any land in the city for which an approved erosion and sedimentation control plan is required by this chapter except in accordance with the approved plan.
(Ord. No. 4489, 6/16/07, Sec. 1)
Sec. 5-4-5 Exceptions.
The provisions of this chapter shall not apply to any construction, reconstruction, repair or alteration of any building or structure when no land is disturbed and no trees, shrubs, grass or vegetation is destroyed or removed, nor to any of the following:
(a) The construction or erection of any building or structure when the disturbed land area of the site is less than 2,500 square feet in size, provided there is no natural or man-made drainage ditch, swale draining in excess of 2,500 square feet, or storm sewer on the disturbed land and no existing or proposed grade on the disturbed land exceeds 10 percent.
(b) The alteration of any building or structure when the disturbed land area of the site will be less than 2,500 square feet, provided there is no natural or man-made drainage ditch, swale draining in excess of 2,500 square feet, or storm sewer on the disturbed land and no existing or proposed grade on the disturbed land exceeds 10 percent.
(c) The clearing, grading, excavating, filling or changing the contour of, or removing topsoil from, less than 2,500 square feet of land, provided there is no natural or man-made drainage ditch, swale draining in excess of 2,500 square feet, or storm sewer on the disturbed land and no existing or proposed grade on the disturbed land exceeds 10 percent.
(d) The clearing, grading, excavating, filling or changing the contour of, or removing topsoil from, less than 2,500 square feet of land, provided there is no natural or manmade drainage ditch, swale draining in excess of 2,500 square feet or storm sewer on the disturbed land, and further provided the disturbance of the land does not cause sedimentation on land outside the exterior boundaries of the land disturbed.
(e) The removal or destruction of trees, shrubs, grass, weeds, vegetation, ground cover, or other plant life which cover less than 2,500 square feet of land, provided there is no natural or manmade drainage ditch, swale draining in excess of 2,500 square feet, or storm sewer on the disturbed land and no existing or proposed grade on the disturbed land exceeds 10 percent.
(f) The planting, trimming, pruning or removal of trees, shrubs, grass, weeds, vegetation, ground cover or other plant life pursuant to chapter 2 of title 6 of this code.
(g) The removal or destruction of trees, shrubs, grass, weeds, vegetation, ground cover or other plant life which is dead, poisonous or infected with disease or injurious insects or pests.
(h) The gardening and care of lawns.
(i) The removal or destruction of trees, shrubs, grass, weeds, vegetation, ground cover or other plant life from lots of less than 2,500 square feet on which there now exists a dwelling.
(j) The exploration or drilling for oil and gas including the well site, roads, feeder lines and off-site disposal areas.
(k) The repair or rebuilding of the tracts, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company.
(l) Shore erosion control projects on tidal waters when the projects are approved by local wetlands boards, the Marine Resources Commission and/or the U.S. Army Corps of Engineers and located on tidal waters and within nonvegetated or vegetated wetlands as defined in Title 28.2 of the Code of Virginia. However, any associated land that is disturbed outside of this exempted area shall remain subject to the article and the regulations adopted pursuant thereto.
(m) Emergency work to protect life, limb or property, and emergency repairs; provided, that, if the land-disturbing activity would have required an approved erosion and sediment control plan if the activity were not an emergency, the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan-approving authority.
(n) Individual utility service connections.
(o) Installation, maintenance, or repair of any underground public utility when such activity occurs on an existing hard surfaced road, street, or sidewalk provided the land-disturbing activity is confined to the area of the road, street, or sidewalk which is hard surfaced.
(p) Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system.
(q) Surface or deep mining.
? Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation. However, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is forested artificially or naturally in accordance with the provisions of Chapter 11(? 10.1-1100 et seq.) of this title or is converted to bona fide agricultural or improved pasture use as described in subsection B of ? 10.1-1163.
(s) Agricultural engineering operations including, but not limited, to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act, Article 2 (? 10.1-604 et seq.) of Chapter 6 of the Erosion and Sediment Control Law, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and irrigation.
(t) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles.
(Ord. No. 4489, 6/16/07, Sec. 1; Ord. No. 4957, 6/13/15, Sec. 1)
Alexandria County Code View whole ordinance
TITLE 5 Transportation and Environmental Services
CHAPTER 4 Erosion and Sediment Control
Sec. 5-4-8 Erosion and sediment control plans.
(a) Applications for approved erosion and sediment control plans shall be submitted to and filed with the director as part of the plan of development pursuant to the requirements in Article XIII of the Alexandria Zoning Ordinance, on forms prepared by the city, prior to the time any work subject to this chapter is begun on land. Fees for reviewing erosion and sediment control plans, grading plans and performing field inspections for all new structures, exterior alteration, plumbing, electrical, or mechanical building permits where more than 2,500 square feet are disturbed shall be required, the fee to be determined by the director. Five copies of an erosion and sediment control plan or grading plan must accompany any application, parts of which shall also be on forms prepared by the city. Upon receipt of an application and plans, the director shall consider the plan in light of the provisions of this chapter, and Virginia Erosion and Sediment Control Law and attendant regulations, and promptly approve the plan, disapprove the plan or approve the plan with modifications, noting thereon any changes that will be required. The director shall promptly notify the applicant of his or her decision on a plan. Any approved plan shall be issued, dated, and bear the manual signature of the director or appropriate designee prior to the commencement of land-disturbing activities.
(b) An application shall show the following:
?
(10) A general description of existing trees, shrubs, grass, weeds, vegetation, ground cover and other plant life.
?
(Ord. No. 4489, 6/16/07, Sec. 1; Ord. No. 4957, 6/13/15, Sec. 1)
Alexandria County Code View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities
CHAPTER 2 Trees, Shrubs, Plants and Vegetation
ARTICLE A Regulation of Trees, Shrubs, etc., on Public Property
Sec. 6-2-7 Responsibility of director for planting, trimming, removal, etc.
The director, under the city manager, shall be responsible for the planting, trimming, removal and care of trees, shrubs, plants or other vegetation in all public places in the city, except public school sites. He or his duly authorized representative is hereby authorized to trim, prune, spray, water, cultivate, maintain, plant or remove trees, shrubs, plants or other vegetation in any places subject to the restrictions of this chapter.
(Code 1963, Sec. 39-7; Ord. No. 2699, 6/12/82, Sec. 6)
Alexandria County Code View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities
CHAPTER 2 Trees, Shrubs, Plants and Vegetation
ARTICLE A Regulation of Trees, Shrubs, etc., on Public Property
Sec. 6-2-8 - Restrictions on removal from public property by director.
The director shall not remove or permit removal of all or any part of any tree, shrub, plant or other vegetation from any public place unless he has determined that such tree, shrub, plant or vegetation:
(1) is infected with a disease;
(2) is infected with injurious insects or pests;
(3) should be removed to make room for public improvement;
(4) is endangering or is likely to endanger streets, highways, sidewalks, sewers, utility installations, property, vehicles or the traveling public; and/or
(5) is dead or unsightly.
(Code 1963, Sec. 39-8; Ord. No. 2699, 6/12/82, Sec. 7)
Sec. 6-2-9 Abuse or mutilation of trees, etc.
It shall be unlawful for any person to abuse, destroy or mutilate any tree, shrub or plant in or on any public place, or to attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill or other thing to or on any tree growing in a public place, or to cause or permit any wire charged with electricity to come in contact with any tree, or to allow any gaseous, liquid or solid substance which is harmful to the trees to come in contact with their roots or leaves.
(Code 1963, Sec. 39-8.1)
Alexandria County Code View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities
CHAPTER 2 Trees, Shrubs, Plants and Vegetation
ARTICLE A Regulation of Trees, Shrubs, etc., on Public Property
Sec. 6-2-2 Permit to plant, remove, etc., in public places?required.
It shall be unlawful for any person, except the director or his duly authorized representative, to plant, trim or prune any tree, shrub, plant or vegetation on or to remove any tree, shrub, plant or vegetation from any dedicated street, alley or highway, public right-of-way or easement, public land lying between property lines on either side of a public street, highway or alley, public parking strip, public street, sidewalk or divider, public median strip or planting strip or other land or public place owned by the city, except public school sites, without first applying for and obtaining a permit from the director; provided, however, that nothing contained in this section shall prohibit the trimming or cutting of grass in the public right-of-way.
(Code 1963, Sec. 39-2; Ord. No. 2699, 6/12/82, Sec. 2)
Sec. 6-2-3 Same?issuance; information to be shown.
(a) The director shall issue a written permit, as required by the preceding section, to any applicant without charge, only when he finds that the action proposed is necessary or desirable, will not be contrary to any city master plan for trees, shrubs, plants or other vegetation, is not contrary to the provisions of this chapter and will be performed in a workmanlike manner.
(b) Any permit issued pursuant to the preceding section shall contain the location approved, the species of tree or shrub, the action allowed to be performed, the duration of the permit and any other requirements deemed necessary or desirable by the director to regulate the proper planting, trimming or cutting or removal of trees, shrubs, plants and vegetation within the city, and all work done under a permit issued by the director shall be performed in strict accordance with the terms thereof.
(Code 1963, Sec. 39-3; Ord. No. 2699, 6/12/82, Sec. 3)
Alexandria County Code View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities
CHAPTER 2 Trees, Shrubs, Plants and Vegetation
ARTICLE A Regulation of Trees, Shrubs, etc., on Public Property
Sec. 6-2-4 Right reserved to city to trim, remove, etc., trees, shrubs, etc., planted under permit.
Whenever a permit is granted to plant a tree, shrub, plant or vegetation on any of the property enumerated in section 6-2-2 of this code, the right is reserved to the city at any time to trim, prune or remove such tree, shrub, plant or other vegetation without notice to any abutting property owner, but subject to the restrictions contained in this chapter.
(Code 1963, Sec. 39-4)
Alexandria County Code View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities
CHAPTER 2 Trees, Shrubs, Plants and Vegetation
ARTICLE B Regulation of Trees, Shrubs, etc., on Private Property Interfering With or Endangering the Public or Public Property
Sec. 6-2-21 Trees, shrubs, etc., on private property interfering with public or public property?trimming required.
It shall be the duty of any person growing or permitting to be grown any tree, shrub, plant or other vegetation on private property abutting on or near public property to trim or prune such tree, shrub, plant or other vegetation so it does not and is not likely to interfere with, endanger or cause a hazard to any public street or highway or vehicle or person thereon, any public sidewalk or person thereon or any public property or the public.
(Code 1963, Sec. 39-9)
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. 6-2-32 Applicability of article provisions.
The provisions of this article shall apply to any property within the city which is subject to the requirement for approval of a site plan pursuant to chapter 5, title 5 of this code, and to any property within the city which is subject to the requirement for approval of a plat of subdivision, pursuant to chapter 5, title 7 of this code, in order to subdivide a parcel as defined in section 7-5-1(9) into two or more lots in conjunction with the construction of two or more single-family, two-family or row dwellings; provided, however, that the provisions of sections 6-2-37, 6-2-38 and 6-2-39 shall apply to any property within the city.
(Code 1963, Sec. 39-12.2 as amended by Ord. No. 2382, 6/26/79, Sec. 1; Ord. No. 3289, 4/26/88, Sec. 1; Ord. No. 3298, 6/18/88, Sec. 2)
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. 6-2-33 Permission to remove or destroy trees on private property?required.
Except as may otherwise be provided by this chapter, it shall be unlawful for any person to destroy or remove trees on any property covered by this article without first applying for and either obtaining a permit from the arborist or, as a part of the securing of a site plan or subdivision approval, obtaining permission of the planning commission.
(Code 1963, Sec. 39-12.3; Ord. No. 3298, 6/18/88, Sec. 3)
Sec. 6-2-34 Same?issuance; regulations and procedures.
(a) An application to the arborist under section 6-2-23 shall be made on such forms as the arborist shall prescribe and provide. No permit shall be issued to cover more than one parcel of land. A separate permit shall be obtained for each parcel of land on which trees are to be removed or destroyed. No application for a permit shall be considered until the applicant shall first have paid to the city a fee of $10 and this sum shall not be returned to the applicant in the event the arborist revokes or refuses to issue the permit.
(b) In the case of an application to the arborist, no permit shall be issued until the tree or trees sought to be removed have been inspected by the arborist or the authorized agent thereof. The arborist shall refuse to issue a permit if upon inspection it is found that the removal or destruction of the tree or trees for which the permit is sought would violate any provision of this article or would materially:
(1) cause or contribute to soil erosion or flooding;
(2) cause or contribute to a violation of any provision of chapter 5, title 11 of this code;
(3) cause or contribute to the violation of any emission standard promulgated pursuant to the provisions of chapter 1, title 11 of this code; or
(4) have a significant detrimental effect on the aesthetics of the surrounding area.
(c) In the case of an application for site plan approval pursuant to chapter 5, title 5 of this code, the planning commission shall grant permission to destroy or remove any tree which lies within the buildable area, and shall grant such permission as to any tree which lies outside the buildable area if the planning commission deter mines that the destruction or removal of the tree is reasonably required to develop the parcel in compliance with this code.
(d) In the case of an application for subdivision approval pursuant to chapter 5, title 7 of this code, the planning commission or its subdivision committee, as the case may be, shall grant permission to remove or destroy any tree which lies within such buildable area as may be shown on a preliminary plat filed under section 7-5-23 and shall grant such permission as to any trees which lie outside the buildable area if it is determined that the destruction or removal of the tree is reasonably required to develop the parcel in compliance with this code. In the event no such buildable area is shown on such preliminary plat, permission to remove or destroy trees shall be obtained from the arborist, who may grant permission, pursuant to subsection (b) of this section, to remove or destroy any tree which lies within such buildable area as may be shown on the plat required by section 7-6-212 to be filed subsequent to the application for subdivision approval and who may grant such permission, pursuant to subsection (b) of this section, as to any tree which lies outside the buildable area.
(e) In considering and approving site plans and subdivisions subject to the provisions of this article, the planning commission or subdivision committee, as the case may be, or the city council on appeal, shall give due consideration to the preservation and replacement of trees.
(Code 1963, Sec. 39-12.4; Ord. No. 3298, 6/18/88, Sec. 4)
Alexandria County Code View whole ordinance
ZONING
ARTICLE XIII. ENVIRONMENTAL MANAGEMENT
13-107 Development, redevelopment, and uses permitted in RPAs.
The following criteria shall apply in RPAs unless the development, redevelopment, use, or land-disturbing activity is exempted under section 13-123 or granted an exception pursuant to section 13-119. All development, redevelopment, and uses within the RPA must comply with the performance criteria provided in section 13-109.
?
(C) The following, if permitted in the underlying zone, are allowed within the RPA if approved by the director of T&ES and provided that a water quality impact assessment is performed and accepted by the director of T&ES as complete in accordance with section 13-117.
?
(4) Stream restoration projects and shoreline erosion control and stabilization projects, including the removal of trees and woody vegetation, employment of necessary restoration, control, and stabilization techniques, and establishment of appropriate vegetation, may be allowed in accordance with the best available technical advice and applicable permit conditions or requirements if approved by the city arborist.
(D) In order to maintain the functional value of the RPA buffer area, existing vegetation may be removed if approved by the director of T&ES and only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices to prevent upland erosion and concentrated flows of stormwater, as follows:
(1) 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. Replacement vegetation shall require the approval of the director of T&ES, in consultation with the department of recreation, parks, and cultural activities and the department of planning and zoning.
(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 (such as Johnson grass, kudzu, and multiflora rose) may be removed and thinning of trees may be conducted. The director of T&ES may approve a long term management plan for a specific RPA that complies with professionally recognized management practices.
?
Alexandria County Code View whole ordinance
ZONING
ARTICLE XIII. ENVIRONMENTAL MANAGEMENT
13-110 Alexandria water quality improvement fund and alternative stormwater management equivalency options.
?
(D) In determining whether to allow equivalent stormwater options, as well as the appropriate combination of on-site and off-site controls, the director of T&ES shall take into consideration the following:
?
(2) Whether other environmental and public benefits such as site design, open space, tree preservation, and landscaping can be achieved;
?
?
Arlington County Code View whole ordinance
Chapter 61 CHESAPEAKE BAY PRESERVATION ORDINANCE
61-10. General Performance Standards for Development in Chesapeake Bay Preservation Areas
The following general performance standards shall apply to development in Chesapeake Bay Preservation Areas, including development in both RPAs and RMAs.
?
B. Existing vegetation and trees shall be preserved to the maximum extent practicable consistent with the proposed use and development permitted and in accordance with the Virginia Erosion and Sediment Control Handbook, current edition.
1. Existing trees over three (3) inches in diameter at breast height (DBH) shall be preserved outside the approved construction footprint consistent with the preceding paragraph. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed, when approved by the Director.
2. Site clearing for construction activities shall be allowed as approved by the Director through the Plan of Development review process outlined under ? 61-13 of this chapter.
3. Prior to clearing and grading, suitable protective barriers consistent with the Arlington County's Department of Environmental Services Construction standards and specifications, current edition, and including safety fencing, signs, or such other material as may be required by the Director, shall be erected to protect the critical root zone for any tree or stand of trees to be preserved on the site, as well as to protect the critical root zone of trees on adjacent properties that extend onto the site.
4. Exceptions may be granted to allow reasonable access to the site and work area, with specific conditions to be established by the Director. 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.
C. All new development or redevelopment shall provide for the planting or retention of trees on the site to the extent that, at a maturity of twenty (20) years, the minimum lot coverage of the tree canopy shall be as specified below:
1. Minimum tree canopy requirements
a. Ten percent (10%) tree canopy for a site zoned business, commercial, or industrial;
b. Ten percent (10%) tree canopy for a residential site zoned twenty (20) or more units per acre;
c. Fifteen percent (15%) tree canopy for a residential site zoned more than ten (10) but less than twenty (20) units per acre; and,
d. Twenty percent (20%) tree canopy for a residential site zoned ten (10) units or less per acre.
2. The Director may modify the tree canopy coverage requirements in this chapter where necessary to preserve wetlands or where the strict application of the requirements would be unnecessary, or an unreasonable hardship to the developer.
3. Dedicated school sites, playing fields, or other nonwooded public recreation areas, and other facilities and uses of a similar nature are exempt from these tree canopy coverage requirements.
4. The Director may impose conditions on any request for a modification or exception to the tree canopy coverage requirements that will assure that the results of the modification or exception will be in accordance with the purpose and intent of this chapter.
5. The tree canopy coverage requirements in this section shall be subject to the enforcement provisions of the Zoning Ordinance.
?
(Ord. No. 03-1, 2-8-03; Ord. No. 14-05, 5-10-14, effective 7-1-14)
Arlington County Code View whole ordinance
Chapter 61 CHESAPEAKE BAY PRESERVATION ORDINANCE
61-12. Water Quality Impact Assessment
?
B. Minor water quality impact assessment. A minor water quality impact assessment shall be performed for any land disturbance or development that proposes to disturb up to five thousand (5,000) square feet of land in the landward fifty (50) feet of the RPA buffer or proposes to modify or encroach into the landward fifty (50) feet of the RPA buffer. A minor water quality impact assessment shall also be required for any proposed land disturbance or development that proposes to disturb up to five thousand (5,000) square feet of land on contiguous steep slopes greater than or equal to fifteen percent (15%) located adjacent to the landward boundary of the RPA buffer.
A minor assessment shall include a site drawing to scale, which shows the following:
?
5. Location of existing vegetation onsite, including the number and type of trees and other vegetation to be removed in the RPA buffer to accommodate the encroachment or modification;
6. Re-vegetation or vegetation enhancement plan that supplements the existing RPA buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control.
C. Major water quality impact assessment. A major water quality impact assessment shall be performed for any land disturbance or development that proposes to disturb more than five thousand (5,000) square feet of land in the landward fifty (50) feet of the RPA buffer or proposes to disturb, modify, or encroach into any portion of the seaward fifty (50) feet of the Resource Protection Area buffer, regardless of the size of the proposed disturbance. A major water quality impact assessment shall also be required for any proposed land disturbance or development that proposes to disturb more than five thousand (5,000) square feet of land on contiguous steep slopes greater than or equal to fifteen percent (15%) located adjacent to the landward boundary of the RPA buffer. The information required in this section shall be considered a minimum, unless the Director determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development.
The following elements shall be included in the preparation and submission of a major water quality impact assessment.
?
3. A landscape conservation element that:
a. Identifies and delineates the location of all woody plant material on site, including shrubs having a canopy greater than twenty-four (24) inches in diameter and all trees on site three (3) inches or greater in diameter at breast height or, where there are groups of trees, said stands may be outlined.
b. Describes the impacts the development or use will have on the existing vegetation. Information shall include:
(1) General limits of land disturbance, based on all anticipated improvements, including buildings, drives, and utilities;
(2) Clear delineation of all trees and other woody vegetation that will be removed.
c. Describes the proposed measures for mitigation, including a proposed design plan and planting schedule for trees and other woody vegetation removed for construction, including a list of proposed plants and trees to be used. Possible mitigation measures include:
(1) The re-vegetation plan shall supplement the existing RPA buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control;
(2) The design of the plan shall preserve to the greatest extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overland flow benefits from such vegetation;
(3) Indigenous plants shall be used unless otherwise approved by the Director.
?
(Ord. No. 03-1, 2-8-03)
Arlington County Code View whole ordinance
Chapter 61 CHESAPEAKE BAY PRESERVATION ORDINANCE
61-7. Allowable Development, Modifications, and Encroachments in RPAs
The following uses are allowed within the RPA, subject to the conditions set forth below, and the submission and review of a WQIA in accordance with ? 61-12. All other uses, as may be permitted in this chapter, are subject to additional requirements contained in ? 61-14 (nonconforming uses and structures), ? 61-15 (exemptions), and ? 61-16 (exceptions).
?
B. Allowable Modifications to RPA Buffers. To minimize the adverse effects of human activities on the other components of the RPA, state waters, and aquatic life, a buffer area at least one hundred (100) feet wide 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. Notwithstanding permitted uses, encroachments, and vegetation clearing allowed in this chapter, the minimum one hundred (100) foot buffer area is not reduced in width.
In order to maintain the functional value of the RPA buffer, existing trees and vegetation may be removed, only as permitted by the Director, 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:
1. Trees may be pruned or removed from the RPA buffer 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.
2. Trees may be pruned or removed from the RPA buffer in an area no greater than five thousand (5,000) square feet or twenty-five percent (25%) of the RPA buffer, whichever is less, for all sight lines and vistas combined. The bounds of this area shall be determined in a manner acceptable to the Director and are to be based on identified vantage points and the portion of the landscape to be viewed.
3. Trees may not be removed where reasonable sight lines or vistas can be created by pruning trees alone. No more than twenty-five (25%) of the trees six (6) inches or greater in diameter at breast height (four and one-half (4.5) feet) may be removed from the areas designated for sight lines and vistas.
4. A written request for a determination by the Director that the proposed removal of vegetation from the RPA buffer is in accordance with the requirements of this chapter is required. Such request shall include a plan showing the following:
a. The vantage points for the sight lines and vistas;
b. The portion of the landscape to be viewed;
c. The area in which trees are to be pruned or removed;
d. The location of all trees six (6) inches or greater in diameter at breast height (four and one-half (4.5) feet) or as required by the Director;
e. The location of the trees to be removed or pruned;
f. The type of replacement vegetation proposed.
5. Trees may not be pruned or removed from the RPA buffer until a written determination is obtained from the Director that the proposed activity is in accordance with the requirements of this chapter.
6. Any path shall be constructed and surfaced so as to control erosion effectively. Paths serving individual residential lots shall be no more than four (4) feet in width.
7. Noxious vegetation and dead, diseased, or dying trees or shrubbery may be removed from the RPA buffer at the discretion of the landowner 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.
8. 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 applicable permit conditions or requirements. For shoreline erosion control projects which propose the use of sea walls, rip-rap, groins or other structural means of stabilization, it shall be demonstrated to the satisfaction of the Director that vegetative techniques cannot be effectively utilized.
?
(Ord. No. 03-1, 2-8-03; Ord. No. 14-05, 5-10-14, effective 7-1-14)
Arlington County Code View whole ordinance
CHAPTER 67 Trees and Shrubs.
ARTICLE 2. Regulation of Trees and Shrubs on Public Property.
67-2-2. Injury to or Removal of Trees and Shrubs.
(a) It shall be unlawful for any person, including any person employed by or under contract to any utility company, to destroy, cut down, girdle, break, bend, wound, or in any manner injure or remove any tree or shrub upon any public right-of-way, any other County owned public land, or any public vehicular or public pedestrian access easements where the County is responsible for the maintenance of such easement without the written permission of the County Manager. Any person violating this Section shall be guilty of a Class 3 misdemeanor.
(b) The County Manager shall not remove or permit removal of all or any part of any tree or shrub unless the County Manager has determined that the action proposed is necessary or desirable and will not be contrary to any County policy or plan or ordinance for or related to trees, shrubs, plants, or other vegetation.
(c) The County Manager's permission under this section shall be evidenced by a writing that specifies the tree or shrub for which removal is permitted and the duration of the permission, except such written permission is not required if the removal is performed by County employees or County contractors or County agents. Such permission shall be issued only upon the conditions that (i) the applicant for permission agrees either to replace the tree or shrub specified to be removed at a rate and with guaranties in accord with the Tree Guidelines within one year of the date of the permission or immediately pays to the County an amount equaling the full value of the tree or shrub specified to be removed, at the option of the County Manager, and (ii) the applicant, in the event of destruction of or injury to an unspecified tree or shrub, agrees to either replace such unspecified tree or shrub at a rate and with guaranties in accord with the Tree Guidelines or to pay to the County an amount equaling the full value of the unspecified tree or shrub, at the option of the County Manager. The full value of a tree or shrub shall be determined by the County Manager in accordance with appraisal methods developed by the Council of Tree & Landscape Appraisers and published by the International Society of Arboriculture in Guide for Plant Appraisal.
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.
67-3-2. Preservation.
No Heritage, Memorial, Specimen, or Street Tree shall be removed or damaged in any way unless the County Board determines that: (a) there is an overriding need for public improvements; or (b) a severe hardship exists for reasonable use of a site. Should the County Board determine to permit such treatment, the County Board may require that the tree be replaced with a similar tree or trees to approximate the canopy lost, and must issue a writing specifying the action permitted, the tree and its location, and the findings justifying the permission. Nothing in this section shall prevent the County Manager from permitting the removal of a tree in the event that an Arborist or Urban Forester determines that the tree is dead, has become the irreversibly diseased or irreversibly damaged by natural causes, or presents a hazard to the public.
Ashland Town Code View whole ordinance
Chapter 16 STREETS AND SIDEWALKS*
ARTICLE III. Maintenance of Trees
Sec. 16-19. Permit to plant, remove, etc., in public places--Required.
It shall be unlawful for any person, except for the town manager or his duly authorized representative, to plant any tree, shrub, plant, or vegetation on or to remove any tree, shrub, plant or vegetation from any dedicated street, alleyway or highway, public right-of-way or easement, public land lying between property lines on either side of a public street, highway or alley, public parking strip, public street, sidewalk or divider, public median strip or planting strip or other land or public place owned by the town, except public school sites, without applying for and obtaining a permit from the town manager; provided, however, that nothing contained in this section shall prohibit the trimming or cutting of grass on a public right-of-way.
(3-9-82)
Ashland Town Code View whole ordinance
Chapter 16 STREETS AND SIDEWALKS*
ARTICLE III. Maintenance of Trees
Sec. 16-21. Right of reserve to town to trim, remove, etc., trees, shrubs, etc., planted under permit.
Whenever a permit is granted to plant a tree, shrub, plant or vegetation and any of the properties enumerated in section 16-19 of this Code, the right is reserved to the town at any time to trim, prune or remove such tree, shrub, plant or other vegetation without notice to abutting property owner, but subject to the restrictions contained in this chapter.
(3-9-82)
Ashland Town Code View whole ordinance
Chapter 16 STREETS AND SIDEWALKS*
ARTICLE III. Maintenance of Trees
Sec. 16-22. Abuse and mutilation of trees, etc.
It shall be unlawful for any person to abuse, destroy or mutilate any tree, shrub or plant in or on any public place, or to attach or place any rope or wire (other than one used to support a young or broken tree) sign, poster, handbill or other thing to or on any tree growing in any public place, or to cause or permit any wire charged with electricity to come into contact with any such tree, or to allow any gases, liquid or solid substances which are harmful to such trees to come in contact with the roots or leaves.
(3-9-82)
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.
?
(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.
?
? 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.
?
(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 III. CHESAPEAKE BAY PRESERVATION AREA
Sec. 4.1-210. Water quality impact assessment.
?
(c) Minor water quality impact assessment. A minor water quality impact assessment pertains only to development within CBPAs which causes no more than five thousand (5,000) square feet of land disturbance and requires any encroachment into the landward fifty (50) feet of the one-hundred-foot buffer area. The calculations of a minor assessment will demonstrate that the remaining buffer area and necessary best management practices will result in removal of no less than seventy-five (75) percent of sediments and forty (40) percent of nutrients from postdevelopment stormwater runoff. A minor assessment shall include a site drawing to scale which shows the following:
?
(4) Location of existing vegetation on-site, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification;
(5) Revegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control.
(d) Major water quality impact assessment. A major water quality impact assessment shall be required for any development which:
(1) Exceeds five thousand (5,000) square feet of land disturbance within CBPAs and requires any encroachment into the landward fifty (50) feet of the one-hundred-foot buffer area;
(2) Proposes to disturb any portion of the buffer area within fifty (50) feet of preservation component of the RPA; or
(3) Is located in an RMA and is deemed necessary by the town manager or designee.
The information required in this section shall be considered a minimum, unless the town manager or designee determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land.
The following elements shall be included in the preparation and submission of a major water quality assessment.
?
(3) A landscape element that:
a. Identifies and delineates the location of all significant plant material on site, including all trees six (6) inches or greater in diameter at breast height. Where there are groups of trees, stands may be outlined.
b. Describes the impacts of the development or use will have on the existing vegetation. Information should include:
1. General limits of clearing, based on all anticipated improvements, including buildings, drives, and utilities;
2. Clear delineation of all trees which will be removed.
c. Describes the potential measures for mitigation. Possible mitigation measures include:
1. Replanting schedule for trees and other significant vegetation removed for construction, including a list of possible plants and trees to be used;
2. Demonstration that the design of the plan will preserve to the greatest extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overland flow benefits from such vegetation.
?
(f) Evaluation procedure.
?
(2) Upon the completed review of a major water quality impact assessment, the town manager or designee will determine if the proposed development is consistent with the purpose and intent of this article and make a finding based upon the following criteria:
?
h. Proposed revegetation of disturbed areas will provide optimum erosion and sediment control benefits;
?
(9-17-90, ? 2; 12-21-04)
Ashland Town Code View whole ordinance
Chapter 4.1 ENVIRONMENTAL PROTECTION
ARTICLE V. WATER QUALITY PROTECTION
Sec. 4.1-405. Performance standards.
(a) Disturbance of land. Land disturbance shall be limited to the area necessary to provide for the desired use or development.
?
(b) Vegetation. Indigenous vegetation shall be preserved to the maximum extent possible consistent with the use and development permitted and in accordance with the "Virginia Erosion and Sediment Control Handbook."
(1) 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.
(2) Clearing shall be allowed only to provide public roads, necessary access, positive site drainage, water quality best management practices (BMP), and the installation of utilities, as approved by the town manager or designee.
(3) 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.
?
(11-8-94, ? 1; 12-21-04)
Ashland ZONING ORDINANCE View whole ordinance
Chapter 21 ZONING*
ARTICLE XVII. SITE PLAN REQUIREMENTS*
* State Law References: Plan of development, Code of Virginia, ? 15.1-491(h).
Sec. 21-185. Specific information.
In addition to the information required by sections 21-183 and 21-184, a final site plan shall include a landscape plan as required by section 21-231 of this chapter, and shall contain the following specific information relative to on-site and off-site features:
?
(2) Existing wooded areas on the property, significant trees, groups of trees, and other significant vegetation and other natural features, including indication of areas and features to be retained and preserved and means of protecting such areas during construction and development.
?
(6-23-98, ? 1; 2-17-04, ?? B3, B4)
Sec. 21-187. Procedures for processing the site plan.
?
(n) A certificate of use and occupancy shall not be issued until the zoning administrator verifies that all improvements required by the approved site plan and landscape plan are completed, provided that in any case where lack of compliance with such plans is of a temporary nature due to weather or seasonal conditions and involves paving, tree planting, landscaping, buffers, screening or similar features, a temporary certificate of use and occupancy may be issued upon verification by the zoning administrator that surety has been provided in a manner and amount satisfactory to guarantee the cost of completing such improvements. Surety may be in the form of a certified check, cash escrow, letter of credit, or bond payable to the treasurer of the town. Letters of credit or bonds may be issued by out-of-area agents or banks, but must maintain at all times a physical draw address at a bank that is located in the Town of Ashland, Hanover County, City of Richmond, or Henrico County, Virginia. Such temporary certificate of use and occupancy shall specify the incomplete improvements and the period of time within which they are to be provided.
(12-27-88, ? 1; 9-26-89, ? 1; 6-23-98(2), ? 1; 4-25-00, ? 2; 4-23-02; 2-17-04, ? B7(m); 3-16-10)
Ashland ZONING ORDINANCE View whole ordinance
Chapter 21 ZONING*
ARTICLE XXIII. - LANDSCAPING
Sec. 21-231. Landscape plan.
?
(c) Contents of landscape plan. The landscape plan shall show the following information, provided that with prior approval of the zoning administrator, required contents of the landscape plan may be shown on the site plan, and particular information may be omitted from a landscape plan when, due to the nature or limited scope of a development, such information is not necessary for evaluation of the plan or for purposes of maintaining a record.
?
(2) All existing healthy trees and other significant vegetation on the site, provided that groups of trees may be outlined so long as all trees in excess of twenty (20) inches caliper are shown as individual specimens;
(3) All trees and significant vegetation proposed to be removed, and all trees and significant vegetation proposed to be preserved, including the means of protecting such during construction in accordance with guidelines contained in the Development Guidelines Handbook;
(4) The means of satisfying all applicable requirements of this article for tree planting, landscaping, treatment of setbacks, buffers, and screening, including a schedule of plant materials and including all structural material to be installed and all vegetative material to be planted with its location, species, size at planting, spacing where applicable, and typical planting detail;
?
(10-8-85; 9-22-87; 2-17-04)
Ashland ZONING ORDINANCE View whole ordinance
Chapter 21 ZONING*
ARTICLE XXIII. - LANDSCAPING
Sec. 21-232. Tree preservation and planting.
(a) Applicability. The tree preservation and tree planting requirements set forth in this section shall apply to all uses in all districts, except that the requirements shall not apply to single-family detached dwellings or to farmland, designated wetlands, dedicated school sites, playing fields and other non-wooded recreation areas, and other facilities and uses of a similar nature. In the case of development existing at the effective date of these provisions, the requirements of this section shall apply when there is a change in use of the property, or where the main building on the property is enlarged by a cumulative total of more than ten (10) percent of the gross floor area of the original building, or more than one thousand (1,000) square feet, whichever is less.
(b) Tree coverage requirements. Existing trees shall be preserved or additional trees shall be planted on each lot, and shall be of such species, size and number as to provide an estimated canopy with twenty (20) years after approval of the landscape plan of not less than the following:
(1) Lots in RR-1, R-1, R-2, R-3, R-4, RO-1 and PMH districts: Twenty (20) percent of the lot area; except that lots devoted to office use in the RO-1 district: Ten (10) percent of the lot area;
(2) Lots in R-5 and PUD districts: Fifteen (15) percent of the lot area;
(3) Lots in B-1, B-2, M-1, PSC and POB districts: Ten (10) percent of the lot area.
(c) Credit for preservation of existing trees. Healthy existing trees must be preserved to the extent possible as determined by the zoning administrator. Existing trees on the lot shall be credited toward the tree coverage requirement when such trees meet the other requirements of this section, are shown on the approved landscape plan and are adequately protected during construction, provided such trees have a reasonable expectation of survival as determined by the zoning administrator from material contained in the Development Guidelines Handbook or additional supporting data submitted with the landscape plan.
(d) Location of trees. Trees to be credited toward the tree coverage requirement may be located anywhere on a lot, provided such trees are reasonably dispersed throughout portions of the lot not covered by buildings or paved areas. Existing trees to be preserved and trees to be planted to satisfy parking lot landscaping requirements and street tree requirements of this article shall be credited toward the tree coverage requirement, except that existing trees within public rights-of-way shall not be so credited.
(e) Minimum tree sizes. Trees to be credited toward the tree coverage requirement shall meet the following standards at the time of planting or, in the case of existing trees to be preserved, shall meet the following standards at the time of completion of development on the site:
(1) Large deciduous trees: Minimum two and one-half (2 1/2) inches caliper;
(2) Small deciduous trees: Minimum five (5) feet height;
(3) Evergreen trees: Minimum five (5) feet height.
(4) Each type of tree chosen must provide a canopy of at least two hundred fifty (250) square feet after twenty (20) years.
(f) Determining projected tree coverage, acceptable species and other standards. Projected tree coverage, acceptable species, accepted means of protecting existing trees and other standards and guidelines for tree preservation and tree planting shall be determined in accordance with the tree canopy matrix and other material included in the Development Guidelines Handbook. Otherwise acceptable tree species or larger trees not shown on the tree canopy matrix may be given credit toward the tree coverage requirement when supporting data adequate to determine coverage is provided to and accepted by the zoning administrator.
(10-8-85; 9-22-87; 2-17-04)
Ashland ZONING ORDINANCE View whole ordinance
Chapter 21 ZONING*
ARTICLE XXIII. - LANDSCAPING
Sec. 21-233. Landscape setbacks.
(a) Landscaped setback required. A landscaped setback of not less than twenty (20) feet in depth measured from the existing or future right-of-way, whichever is greater, shall be provided along all streets, except that this requirement shall not be applicable to:
(1) Property located in the B-1 district (See article X of this chapter for setback and yard requirements in the B-1 district); and
(2) Property devoted to single-family detached or two-family use (See setback and yard requirements in the district in which the use is located).
(b) Improvement of required landscaped setbacks. Required landscaped setbacks shall be landscaped with appropriate vegetative ground cover or shrubbery and shall be provided with street trees as specified in section 21-234 of this article. Existing healthy trees with a caliper of ten (10) inches or greater located within such setback shall be preserved unless preservation is not possible due to circumstances external to the site. Approved walkways and other incidental improvements for pedestrian use may be located within landscaped setbacks. (See the Development Guidelines Handbook for guidelines and examples for treatment of landscaped setbacks.)
(c) Use of required landscaped setbacks. No building or structure, other than a permitted sign, and no parking, loading or vehicle circulation area, except approved means of ingress and egress, shall be located within any required landscaped setback. No required landscaped setback shall be used for the display or storage of items for sale or for any similar activity.
(d) Exceptions. The following provisions shall apply to all corner parcels zoned B-2, M-1, or PSC. Exceptions to the required landscape setbacks may be granted to allow for future economic development/redevelopment of key intersections that are currently inhibited by the landscape setback requirements of this section. Exceptions to the required twenty (20) foot landscape setback shall be allowed if the following minimum conditions are met, provided that the minimum depth of the landscape setback is reduced to no less than seven and one-half (7.5) feet:
(1) The required twenty (20) foot landscape setback may be reduced by five (5) feet if the minimum amount of parking area landscaping required by Sec. 21-235(c) is increased from 5% to 10%.
(2) The required twenty (20) foot landscape setback may be reduced by five (5) feet if the minimum number of street trees required by Sec. 21-234 is increased by 25%.
(3) The required twenty (20) foot landscape setback may be reduced by five (5) feet if the amount of vegetative shrubbery required by Sec. 21-233(b) is increased from 50% to 75%.
(10-8-85; 9-22-87; 2-17-04; 10-18-11; 9-16-14)
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
?
(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.
?
(Ord. No. 1680, ? 1, 5-14-13)
Blacksburg ZONING ORDINANCE View whole ordinance
APPENDIX A Ordinance
No. 1137 BLACKSBURG ZONING ORDINANCE
ARTICLE V. DEVELOPMENT STANDARDS
DIVISION 4. LANDSCAPING
Sec. 5426 Canopy coverage requirements.
(a) Trees shall be provided within the limits of construction to the extent that at twenty years from the date of planting, tree canopies or covers will provide at least the following minimums:
Zoning District: Tree Canopy
- RR1: 20%
- R-2, R-5: 20%
- OTR: 20%
- RM-27, RM-48: 10%
- GC, O, IN, R&D, MXD: 10%
- Planned Districts: Per Users Above
(b) Existing trees or wooded areas which are to be preserved, at the applicants option may be included to meet all or part of the canopy requirements, provided the site plan identifies such trees and the trees meet the standards of size, health, placement, etc. set out in this section. The Administrator shall evaluate use of existing trees to ensure they have adequate health and strength to allow such use.
? Existing trees designated to be included as part of these requirements shall be protected during construction by fencing placed at a distance in feet equal to or greater than the diameter of the tree in inches at the height of 4? feet.
(d) The extent of canopy at maturity shall be based on published reference texts described below, generally accepted by landscape architects, nurserymen, and arborists.
(Ord. No. 1215, ? 33, 5-11-99; Ord. No. 1439, 4-10-07)
Charlottesville City Code View whole ordinance
Chapter 18 PARKS AND RECREATION
ARTICLE II. TREE CONSERVATION
Sec. 18-10. Conservation.
(a) A property owner shall undertake reasonable efforts to preserve and protect any trees designated pursuant to this article. No heritage, memorial, specimen or street tree may be removed or intentionally damaged in a way that could destroy the tree unless authorized by city council. City council may authorize the removal or other action upon making a determination that: (i) there is an overriding need for public improvements which necessitate removal of the tree; or (ii) not removing the tree will cause severe hardship to the property owner. A request to remove or take other action upon any designated tree shall be submitted and acted upon in the same manner as a request for designation in section 18-9.
(b) The city manager may permit the removal of a heritage, memorial, specimen or street tree if the city arborist determines that the tree is dead, has become irreversibly diseased or irreversibly damaged by natural causes, or that the tree endangers the health, safety and/or welfare of the public that cannot be mitigated in accordance with accepted industry standards of tree risk assessment and management.
(c) Any city department or contractor engaged by the city shall, prior to conducting any land disturbing activity, ascertain whether the drip line of any tree designated pursuant to this article lies within fifty (50) feet of the land disturbing activity. Upon making such a determination, the city department shall alert the city arborist.
If the city arborist determines that the proposed land disturbing activity may damage or destroy the tree, then the city department responsible for the proposed work, if unable to alter plans to avoid such results, shall submit a request to proceed with the proposed activity to the tree commission, which shall make a recommendation to the city council. City council may direct the city department to take additional precautionary measures to protect the tree, or approve the removal of the tree, or direct that the activity not be conducted.
(11-4-13)
Sec. 18-11. Exceptions.
The provisions of this article shall not apply to:
(1) Work conducted on federal or state property;
(2) Emergency work to protect life, limb or property;
(3) Routine installation, maintenance and repair of cable and wires used to provide cable television, electric, gas or telephone service;
(4) Activities with minor effects on trees, including but not limited to, home gardening and landscaping of individual homes; and
(5) Commercial, silvicultural or horticultural activities, including but not limited to planting, managing, or harvesting forest or tree crops.
(11-4-13)
Sec. 18-12. Takings.
In the event that the application of this article regulating the removal of heritage, memorial, specimen or street trees results in any taking of private property for a public purpose or use, the city 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 in accordance with the provisions of Chapter 2 of Title 25.1 of the Code of Virginia.
(11-4-13)
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 18 PARKS AND RECREATION
ARTICLE II. TREE CONSERVATION
Sec. 18-9. Designation.
(a) Application.
(1) By written request. Any person may submit a written request to the administrator seeking designation by ordinance of a tree located on private property as a heritage, memorial, specimen or street tree. The request must describe the tree in question, its location, and the factors which support its designation as a heritage, memorial, specimen or street tree. Any submission for designation of a tree by a person who is not the property owner must include written consent of the property owner for the submission. The administrator, upon receipt of such a request, shall forward a copy to the tree commission for review and recommendation to the city arborist.
(2) By tree commission. The tree commission may submit a written recommendation to the administrator seeking designation by ordinance of a tree located on public property or on private property if the owner of such property consents, as a heritage, memorial, specimen or street tree. The recommendation must describe the tree in question, its location and the factors which support its designation as a heritage, memorial, specimen or street tree. The administrator, upon receipt of such a request, shall forward a copy to the city arborist.
(b) Report and hearing.
(1) The city arborist shall provide a written report and recommendation on any proposed designation to city council, which shall include the written recommendation of the tree commission and consider the planned land use by the owner of the property on which the tree is located.
(2) City council shall hold quarterly public hearings to consider all then-pending applications for designation, however any application initially submitted to the administrator less than forty-five (45) days prior to a regularly scheduled public hearing shall not be heard until the next such quarterly hearing. The clerk of council shall send notice of the scheduled hearing to any owner of property upon which a tree being considered for designation is located by certified mail at least fourteen (14) days prior to the hearing.
(3) City council, after consideration of the report and recommendation of the city arborist and any additional information that it deems relevant, and after conducting a public hearing, may designate by ordinance the subject tree as a heritage, memorial, specimen or street tree.
(c) Designation of a tree under this article does not impose any additional obligation upon the city to inspect, maintain or take any other action with regard to such tree.
(11-4-13)
Charlottesville City Code View whole ordinance
Chapter 34 ZONING
ARTICLE IX. GENERALLY APPLICABLE REGULATIONS
DIVISION 5. TELECOMMUNICATIONS FACILITIES
Sec. 34-1077. Screening and landscaping.
(a) Landscaping shall be used to screen the view of freestanding communications facilities from adjacent public streets and public property, adjacent residentially-zoned property and adjacent residences. The minimum landscaping requirements shall be as follows:
(1) For facilities one hundred fifty (150) feet in height or less, at least one (1) row of evergreen shrubs capable of forming a continuous hedge at least five (5) feet in height within two (2) years of planting shall be spaced not more than five (5) feet apart within ten (10) feet of the perimeter of the required setback area.
(2) For towers more than one hundred fifty (150) feet in height, in addition to the requirements set forth in subsection (a)(1), above, at least one (1) row of deciduous trees, with a minimum caliper of two and one-half (2?) inches at the time of planting, and spaced not more than forty (40) feet apart, shall be provided within twenty (20) feet of the perimeter of the required setback area.
(3) All security fencing shall be screened from view.
(b) Landscaping materials shall consist of drought-resistant native species.
? Landscaping materials shall be maintained by the owner and operator of the support structure for the life of the installation.
(d) Existing vegetation on the site shall be preserved to the greatest practical extent. Existing vegetation, topography, walls and fences, etc., combined with shrubs or other features may be substituted for the required shrubs or trees, if the director of neighborhood development services or his designee finds that they achieve the same degree of screening as the required shrubs or trees.
(9-15-03(3); 7-16-12)
Sec. 34-1083. Permit processes.
?
? Site plan applications. Each applicant requesting site plan review under this division shall submit the following information as part of the application:
?
(2) A landscape plan to scale, indicating the size, spacing and type of plantings, and indicating existing significant vegetation to be removed, and vegetation proposed for planting to replace any lost vegetation; and a natural resources screening, based upon direct observation and/or generally available data sources, of the proposed support structure site; and information as to how the applicant will implement practical measures to avoid, minimize and/or mitigate (in that order of preference) potential adverse impacts.
?
?
(9-15-03(3))
Charlottesville City Code View whole ordinance
Chapter 34 ZONING
ARTICLE IX. GENERALLY APPLICABLE REGULATIONS
DIVISION 7. LOTS AND PARCELS-DEVELOPMENT; GENERAL REGULATIONS
Sec. 34-1120. Lot regulations, general.
?
(b) Critical slopes
?
(6) Modification or waiver.
?
e. In granting a modification or waiver, city council may allow the disturbance of a portion of the slope, but may determine that there are some features or areas that cannot be disturbed. These include, but are not limited to:
(i) Large stands of trees;
(ii) Rock outcroppings;
(iii) Slopes greater than 60%.
City council shall consider the potential negative impacts of the disturbance and regrading of critical slopes, and of resulting new slopes and/or retaining walls. City council may impose conditions as it deems necessary to protect the public health, safety or welfare and to insure that development will be consistent with the purpose and intent of these critical slopes provisions. Conditions shall clearly specify the negative impacts that they will mitigate. Conditions may include, but are not limited to:
(i) Compliance with the "Low Impact Development Standards" found in the City Standards and Design Manual.
(ii) A limitation on retaining wall height, length, or use;
(iii) Replacement of trees removed at up to three-to-one ratio;
(iv) Habitat redevelopment;
(v) An increase in storm water detention of up to 10% greater than that required by city development standards;
(vi) Detailed site engineering plans to achieve increased slope stability, ground water recharge, and/or decrease in stormwater surface flow velocity;
(vii) Limitation of the period of construction disturbance to a specific number of consecutive days;
(viii) Requirement that reseeding occur in less days than otherwise required by City Code.
?
(9-15-03(3); 11-21-05; 1-17-06(7); 1-17-12; 7-16-12)
Charlottesville City Code View whole ordinance
Chapter 34 ZONING
ARTICLE VII. SITE PLANS
DIVISION 1. APPLICABILITY AND ADMINISTRATION
Sec. 34-802. Site plans?When required.
(a) In all zoning districts, a site plan shall be required for any construction, use or change in use, for any development, and prior to the removal of trees having a caliper of fifteen (15) inches or more, except that no site plan shall be required for the following:
?
(4) Any change of a use, provided that:
?
d. No removal of trees having a caliper of fifteen (15) inches or more is proposed.
(9-15-03(3); 7-16-12)
DIVISION 2. PROCEDURES
Sec. 34-827. Preliminary site plan contents.
?
(d) The preliminary site plan shall contain the following information:
?
(5) Existing landscape features as described in section 34-867 (requirements of landscape plans), including all individual trees of six (6) inch caliper or greater.
?
(9-15-03(3); 6-6-05(2); 1-20-09; 11-18-13; 5-19-14, ? 2, eff. 7-1-14)
Charlottesville City Code View whole ordinance
Chapter 34 ZONING
ARTICLE VIII. IMPROVEMENTS REQUIRED FOR DEVELOPMENTS
DIVISION 2. LANDSCAPING AND SCREENING
Sec. 34-866. Preservation of existing landscape features.
(a) The developer shall demonstrate reasonable efforts, in light of the proposed development and topography of a particular site, to preserve, replenish, protect and utilize the following types of landscape features: trees of eight-inch caliper or larger; ornamental trees of any size; trees within required setbacks or along boundaries, unless necessary to remove for access, grading, tree health, circulation, utilities or drainage; streams in their natural condition; and natural features of the site which promote energy conservation.
(b) The director may require a developer to preserve existing landscape features, upon a determination (following a site inspection) that the features contribute significantly to the character of the neighborhood and/or are unique in character, and that the preservation of such features is necessary to satisfy the purpose and intent of this section.
(c) With the approval of the director trees of exceptional size, canopy, specimen type, age or historical value may be credited as up to four (4) trees of the same function group, for purposes of satisfying landscaping and screening requirements ("tree preservation bonus").
(d) As a condition of any requested approval, or in conjunction with a requirement imposed pursuant to paragraph (b), above, the director may require the developer to include on the erosion and sediment control plan for the development measures to protect existing trees.
(e) The planning commission or the director shall refuse to approve any site plan that proposes unnecessary destruction of trees or other natural features.
(9-15-03(3))
Charlottesville City Code View whole ordinance
Chapter 5 BUILDING REGULATIONS; PROPERTY MAINTENANCE
Article V. BLIGHTED PROPERTY
DIVISION 1. MISCELLANEOUS
Sec. 5-146. Damaging or defacing property generally.
(a) It shall be unlawful for any person to willfully and maliciously damage or deface any public buildings, facilities or real or personal property (including, without limitation, any tree, shrub, bush or flowers), or any private buildings, facilities or real or personal property. The possession of paint, ink, stain, varnish, dye or any other substance which leaves a mark, without authority of the owner, lessee or agent of the owner, by a person apprehended upon public property, or in a public building, shall be prima facie evidence of an intent to defile, deface, brand, write, mark or paint such structure or building as is prohibited by this section. Except as provided herein below, a person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter.
?
(7-16-01(1))
Chesapeake City Code View whole ordinance
Chapter 50 PARKS, RECREATION AND TOURISM
ARTICLE I. IN GENERAL
Sec. 50-3. Park property.
?
(c) No person shall dig or remove any beach sand, whether submerged or not, nor any soil, rock, stones, trees, shrubs or plants, down-timber, pine needles or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency.
?
(Code 1970, ? 17B-3; Ord. of 10-12-76; Ord. No. 92-O-149, ? 17B-3, 10-13-92)
Sec. 50-4. - Trees and shrubbery; monuments, fountains and fences.
(a) No person shall damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. No person shall dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.
?
(c) No person shall tie or hitch a horse or other animal to any tree or plant.
(Code 1970, ? 17B-4; Ord. of 10-12-76; Ord. No. 92-O-149, ? 17B-4, 10-13-92)
Chesapeake City Code View whole ordinance
Chapter 66 STREETS AND SIDEWALKS
ARTICLE II. INSTALLATIONS, TREE CUTTINGS OR OTHER WORK AFFECTING STREETS
DIVISION 1. GENERALLY
Sec. 66-106. Cutting or trimming trees.
No tree or shrub on any street shall be cut or trimmed, unless a permit therefor shall have been obtained from the director of development and permits or designee. Such cutting, trimming or spraying shall be permitted only when fully justified in the public interest and then only in a manner prescribed in the permit issued therefor.
(Ord. of 10-22-63, ? 39; Code 1970, ? 24-26; Ord. No. 09-O-100, 8-11-09)
DIVISION 2. PERMITS
Sec. 66-121. Required.
Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection with the erection, construction, removal, relocation or maintenance of any surface, overhead or underground installation or to cut or trim trees or to place signs if such work, cutting, trimming, spraying or placing it on, under or over affects a street, until such person shall have obtained a permit therefor in accordance with this article.
(Ord. of 10-22-63, ? 16; Code 1970, ? 24-29)
Chesapeake City Code View whole ordinance
Chapter 70 SUBDIVISIONS
ARTICLE III. DESIGN STANDARDS
Sec. 70-91. Preservation of natural features and amenities.
(a) In general.
(1) Existing natural features which would add value to development or to the city as a whole, such as trees, watercourses, historic spots, and similar irreplaceable and beneficial assets, shall be protected wherever practical in the design of the development. Special consideration should be given to specimen and historic trees and specimen vegetation.
(2) This section shall apply to apartment and townhouse developments and office and commercial developments adjacent to established single-family residential developments. Bona fide farming, forestry projects, and commercial tree businesses are exempt from the regulations contained in this section.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Historic tree means any tree which has been specifically designated by the city council to have been closely associated with an historical event, place, or age.
Person knowledgeable means a person, because of education and training, having the skills necessary to determine types and characteristics of trees, including planting and protection methods. Such person shall meet the experience criteria required for the Virginia Nurserymen Certification.
Specimen trees and shrubs means any woody plant which, due to circumference, height, or location, is deemed to be an unusual example of its species. Such woody plants deemed to be specimens will generally qualify as a "record" or "champion" tree under the criteria of the Virginia Forestry Association and will be certified as such or have certification pending. A specimen tree or shrub may also qualify as such on the basis of location, being any woody plant at the extremity of its natural range as defined by the Old Dominion University botany department.
Tree means any self-supporting woody plant growing upon the earth which usually produces one main trunk measuring no less than four inches in diameter at 4? feet from the ground, with a minimum overall height of 15 feet, and which produces a more or less distinct and elevated head with many branches.
? Site analysis. In conjunction with the preparation of a preliminary or final plat, the developer/owner shall cause to be made, by a person knowledgeable, a site analysis showing all of the natural features and amenities present on the property. This analysis and resulting preliminary plat shall consider the following:
(1) The adaptability and compatibility of existing trees with proposed development, including a consideration that additional fill material for construction activities will be necessary.
(2) The presence of specimen and/or historic trees and shrubs.
(3) The presence of rare or endangered vegetation which may be relocated by transplanting.
(4) The adequacy of proposed protection measures.
(5) The numbers, health and vigor of trees located in areas designated for retention.
(6) The proposed removal of trees shall be based on the fact that such trees are damaged or diseased, that their presence would unduly restrict the use or enjoyment of the property, that such trees are too close to proposed building or utilities, or would unduly impede drainage.
(7) Alternative landscaping measures which would protect and preserve such amenities.
(d) Review of plats. Information derived from subsection ? of this section shall form the basis for such conservation, replanting and landscaping plans for the project as required by the planning commission in its review of the developer/owner's preliminary and final plats. The planning commission may grant variances or other modification's from the requirements of this section provided that the purpose of same is preserved.
? Additional plat requirements.
(1) The total number of trees to be retained or planted by the developer/owner shall, at a minimum, be equal to one per unit for townhouse developments and one per four units for apartment projects. Healthy, natural trees retained shall be considered to be two planted trees. At such time as 50 percent of the development has been constructed, at least 30 percent of the items shown on the approved landscaping plan shall have been completed. The final ten percent of such development shall not be occupied until the total landscaping plan has been completed.
(2) The side and/or rear yards of business and office and institutional zoned areas, as prescribed by section 5-3 of the city zoning ordinance, which abut residentially zoned property shall be utilized as a planted buffer, including fencing as well as natural or planted growth.
(3) Replanted trees shall be at least two inches in caliper.
(f) Enforcement.
(1) This section shall be enforced by the director of the department of planning or designee.
(2) After approval of a final plat, a landscaping permit shall be obtained by the developer/owner from the department of planning. A fee as specified in section 70-191 must be paid for the permit. Upon final completion of required landscaping, the developer/owner shall coordinate a field inspection by a representative of the department of planning to determine compliance with the approved plat.
(Code 1970, ? 25-21.1; Ord. of 5-20-86; Ord. of 7-18-89)
Chesapeake City Code View whole ordinance
Chapter 70 SUBDIVISIONS
ARTICLE VI. CLUSTER DEVELOPMENT SUBDIVISIONS
Sec. 70-203. Existing resources and site analysis map.
?
(c) Content. The existing resources and site analysis map shall conform with the following criteria:
?
(5) Vegetative cover on the property, including cultivated land, permanent grassland, meadow, pasture, old field, hedgerow, woodlands, wetlands, trees with a caliper in excess of 15 inches, and the actual canopy line of existing trees and woodlands. Vegetative types shall be described by plant community, relative age, and condition.
?
(Ord. No. 04-O-080, 5-18-04)
Sec. 70-212. Conservation land design standards.
(a) Prioritized list of resources to be conserved. The design of conservation land in any cluster development shall reflect the standards set forth in this article and section 6-2200 of the zoning ordinance. Designated conservation land shall incorporate the following resources if they occur on the parcel (listed in order of significance):
?
(7) Hedgerows, groups of trees, and large individual trees of botanic, historical or aesthetic significance.
?
?
(Ord. No. 04-O-080, 5-18-04)
Chesapeake ZONING ORDINANCE View whole ordinance
Chesapeake, Virginia - Zoning
ARTICLE 19. DESIGN, DEVELOPMENT AND PERFORMANCE STANDARDS
? 19-416. Reduction in number of parking spaces and parking setbacks in exchange for tree preservation.
A. The planning director may approve preliminary site plans, which provide for the preservation of mature trees existing on the site in exchange for a reduction in the number of parking spaces required under this ordinance or a reduction in required parking area setbacks. The reduction in the number of parking spaces shall not exceed twenty-five (25) percent of the overall number required. The reduction in parking area setbacks shall not exceed fifty (50) percent of the required setback.
B. No preliminary site plan shall be approved under this subsection unless or until the reduction in parking spaces or parking area setback is approved by a landscape review committee comprised of the planning director or designee, the director of development and permits, or designee, and two members of the planning commission appointed by the chairman for this purpose. All preliminary site plans showing a reduction in parking spaces or parking area setback in exchange for the preservation of trees shall be evaluated by the landscape review committee using the following criteria:
1. The location, number, and density of the trees to be preserved;
2. The species of the trees to be preserved, along with any unique or special value assigned to such species by the director of development and permits, or designee;
3. The age, health and expected life span of the trees to be preserved;
4. The historical significance, if any of the trees to be preserved;
5. The types of measures to be taken to ensure the preservation and maintenance of the trees to be preserved;
6. The overall benefit of the preservation of the trees as weighed against any adverse impact that may result from a reduction in parking area setbacks or parking spaces;
7. The number of parking spaces to be provided will be adequate to serve the proposed use; and
8. Sufficient area is shown on the site plan as reserved for additional parking in the event the number of spaces provided proves inadequate, in which case the planning director may require the property owner to install additional spaces to accommodate the use of the site.
In granting approval of a reduction of parking spaces under this subsection, the landscape review committee may impose stipulations designed to ensure that the trees are properly preserved and maintained and that parking areas are reserved. Any applicant aggrieved by the decision of the landscape review committee may file a written appeal to the planning commission within ten (10) days of the decision appealed from.
C. Any property owner or developer who receives a reduction in the number of parking spaces or a reduction in parking area setbacks required in exchange for the preservation of mature trees shall:
(1) Take all action deemed necessary by the planning director and/or landscape review committee to protect the trees from damage or destruction during clearing and construction activities;
(2) Refrain from depositing fill material within the drip line of any tree to be preserved, and
(3) Take such action as is necessary to ensure that the trees will not be removed in the future without the consent of the director of development and permits, or designee.
D. In the event any tree or tree area to be preserved under this section is destroyed or, in the opinion of the director of development and permits, or designee, significantly damaged during clearing or construction activities, or is willfully destroyed, injured or removed in the future, the person responsible for such destruction, injury or removal shall replace such tree or group of trees by planting and preserving one (1) large tree of two (2) inch caliper and one (1) small tree six (6) to eight (8) feet in height within every 300 square feet of area in which the damaged or destroyed tree or group of trees stood.
(Ord. No. 97-O-141, 11-18-97; Ord. No. 98-O-042, 3-17-98; Ord. No. 03-O-029, 3-18-03; Ord. No. 09-O-051, 5-19-09; Ord. No. 10-O-127, 10-19-10)
Editor's note? Ord. No. 03-O-029, adopted March 18, 2003, changed the title of ? 19-416 from "reduction in number of parking spaces in exchange for tree preservation" to "reduction in number of parking spaces and parking setbacks in exchange for tree preservation." The historical notation has been preserved for reference purposes.
Chesapeake ZONING ORDINANCE View whole ordinance
Chesapeake, Virginia - Zoning
ARTICLE 19. DESIGN, DEVELOPMENT AND PERFORMANCE STANDARDS
? 19-706. Dedication, preservation and maintenance.
?
D. The subdivider or developer shall ensure that the land dedicated as open space or recreational area meets all development criteria for the zoning district in which the property is located. The subdivider or developer shall improve such land with drainage, utilities (including payment of pro rata), access, curb and gutter and other public improvements applicable to subdivisions and developments under chapter 70 of the subdivision ordinance and article 18 of this ordinance. All bonding provisions in chapters 66 and 70 of the City Code shall apply to open space dedications. Notwithstanding anything to the contrary in this ordinance, landscaping shall consist of twenty percent (20%) tree canopy coverage, calculated in accordance with section 19-600. The type and location of the large canopy trees shall be shown on a landscape plan approved by the director of development and permits, or designee. The twenty percent (20%) canopy coverage may be accomplished by preservation or new plantings, however, the director may in any case require trees along the perimeter of the open space and shall further require that all dead and dying trees be removed before the land is dedicated as open space.
(Ord. No. 02-O-122, 10-15-02; Ord. No. 09-O-051, 5-19-09; Ord. No. 10-O-127, 10-19-10)
Editor's note? Ord. No. 02-O-122, adopted October 15, 2002, amended ? 19-706 in its entirety to read as herein set out. Formerly, ? 19-706 pertained to preservation and maintenance and derived from original codification.
Chesapeake ZONING ORDINANCE View whole ordinance
Chesapeake, Virginia - Zoning
ARTICLE 19. DESIGN, DEVELOPMENT AND PERFORMANCE STANDARDS
Sec. 19-602. The preservation and canopy requirements.
The landscape plan for every site shall contain the tree preservation and canopy requirements set out below.
A. Tree preservation areas. Tree preservation areas which are marked on the plan shall be clearly delineated on the site. These areas are to be protected from traffic, equipment, excavation, stockpiles and staged materials. Areas set forth as tree preservation areas must remain marked and protected during construction in order to be included in the calculation of the required canopy.
B. Tree canopy requirement?Nonresidential development. Each plan for nonresidential development shall provide a landscaping plan that, at tree maturity, provides a minimum canopy of ten percent (10%) of the calculation area.
C. Tree canopy requirement?Residential development. Each residential plan shall provide a landscaping plan that, at tree maturity, provides minimum tree canopy as set out below.
1. Tree canopy totaling fifteen percent (15%) of the calculation area for a residential site zoned for multifamily or townhouse use.
2. The following tree canopy requirements apply to lots zoned single-family residential and lots zoned agricultural lawfully used for residential purposes:
a. For lots smaller than one-half acre in size, twenty (20) percent of the calculation area as approved by the director of development and permits, or designee.
b. For lots one-half (?) acre and larger, twenty (20) percent of the calculation area with a maximum requirement of eighteen (18) large trees or thirty-six (36) small trees or a combination as approved by the director of development and permits, or designee. Required trees shall be six (6) to eight (8) feet in height at the time of planting.
D. Requirements for preservation and replacement. The canopy requirements set out above shall be met by preservation or replacement methods as indicated in the Chesapeake Landscape Specification Manual. Where final site conditions will make the successful preservation of existing plants unlikely, the City of Chesapeake may direct the owner or developer to provide new, appropriate species and locations to ensure canopy coverage as set forth by the ordinance.
E. Incentives for preservation of trees. A credit toward canopy requirements will be given for the preservation of an outstanding tree, as defined in the Chesapeake Landscape Specifications Manual, or for the preservation of a cluster of trees, approved by the director of development and permits, or designee, pursuant to the following:
1. The credit provided per outstanding tree will be 2.0 multiplied by the area defined by the boundaries of the existing drip line of the tree.
2. The credit provided for a cluster of trees will be 1.25 multiplied by the area defined by the boundaries of the existing drip line of the cluster.
3. Credit shall only be given under this subsection if the entire area under the drip line of the outstanding tree or cluster of trees is preserved in a manner satisfactory to the director.
4. In the event one or more trees to be preserved under this subsection is destroyed or, in the opinion of the director, is significantly damaged during clearing or construction activities, or is willfully destroyed, injured or removed, the person responsible for such destruction, injury or removal shall replace such trees by planting or preserving one (1) large tree of four (4) inch caliper and one (1) small tree six (6) to eight (8) feet in height within every 300 square feet of area in which the damaged or destroyed tree or trees stood.
F. Placement of newly provided landscaping for certain residential districts. A minimum of one large or two small trees, as specified in the Chesapeake Landscape Specifications Manual, shall be planted in the front yard of each residential lot for residential districts allowing ten or fewer dwelling units per acre.
(Ord. No. 97-O-141, 11-18-97; Ord. No. 98-O-042, 3-17-98; Ord. No. 98-O-156, 10-20-98; Ord. No. 08-O-121, 9-16-08; Ord. No. 10-O-127, 10-19-10)
Danville City Code View whole ordinance
Chapter 38.5 VEGETATION
ARTICLE III. LANDSCAPING
Sec. 38.5-26. Abuse or mutilation of public trees or shrubs.
Unless specifically authorized by the Director of Public Works, no person shall intentionally damage, cut, carve, transplant, or remove any tree or shrub on land owned by the City or a City street, sidewalk, or alley right-of-way; attach any nails, advertising posters, or other contrivance to any public tree or shrub on land owned by the City or a City street, sidewalk, or alley right-of-way; allow any gas, liquid, or solid substance which is harmful to such trees or shrubs to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree or shrub on land owned by the City or a City street, sidewalk, or alley right-of-way.
(Ord. No. 92-11.15, 11-5-92)
Sec. 38.5-27. Protection of trees.
(a) All trees on any land owned by the City or a City street, sidewalk, or alley right-of-way near any excavation or construction of any building, structure, or street work, shall be guarded with a good substantial fence, frame, or box not less than four (4) feet high, and all building material, dirt, or other debris shall be kept outside the barrier.
(b) No person, including public utility companies and City departments and utilities, shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of ten (10) feet from any tree on land owned by the City or a City street, sidewalk, or alley right-of-way without first obtaining authorization from the Director of Public Works.
(c) All trees on public areas shall, to the degree practical, be pruned or trimmed only in accordance with the standards established by the National Arborist Association, entitled "Pruning Standards for Shade Trees", as revised in 1988. This includes all public utility companies and City departments involved in maintenance of easements.
(Ord. No. 92-11.15, 11-5-92)
Danville City Code View whole ordinance
Chapter 38.5 VEGETATION
ARTICLE III. LANDSCAPING
Sec. 38.5-28. Removal and maintenance.
(a) The City will provide maintenance or removal of dead or diseased trees or shrubs on land owned by the City or a City street, sidewalk, or alley right-of-way when such trees or shrubs are determined by the City to constitute a hazard to life, health, or property.
(b) No person shall remove trees or shrubs from land owned by the City or a City street, sidewalk, or alley right-of-way for any purpose without first procuring authorization from the Director of Public Works. The person who obtains such authorization shall bear the cost of removal if it is determined that the tree or shrub does not present a hazard to person or property.
Danville City Code View whole ordinance
Chapter 38.5 VEGETATION
ARTICLE III. LANDSCAPING
Sec. 38.5-24. - Authorization required.
(a) No person shall plant vegetation or maintain, remove, or otherwise disturb, any tree or shrub on any public area without first receiving approval from the Director of Public Works or his designate.
(b) Public utility companies and municipal utilities and their subcontractors employing tree experts, when engaged in the maintenance of easements, shall be exempt from the provisions of this section.
(c) In case of emergencies, such as windstorms, ice storms, or other disasters, permits may be waived by the Director of Public Works during the emergency period so as not to hamper work to restore order to the City.
(d) Maintenance of public areas by the City or its subcontractors shall be exempt from the provisions of this section.
(e) All plantings installed on land owned by the City shall become the property of the City of Danville and under the control of the City and subject to all regulations of the City thereafter.
(f) Notwithstanding the foregoing, no authorization shall be required for any planting in a City street, sidewalk, or alley right-of-way immediately contiguous to privately owned residential or commercial property, provided that:
(1) If it is contiguous with residential property, the person making the planting maintains the property as he does his property;
(2) If it is contiguous with commercial property, the person making the planting maintains the property as his place of business; and
(3) The planting does not violate any other provision of this Code including, but not limited to, section 35-14.1 of this Code.
(Ord. No. 92-11.15, 11-5-92)
Danville City Code View whole ordinance
Chapter 9.5 CEMETERIES
Sec. 10-2. Damaging, defacing, etc., cemetery property; obstructing ingress or egress to or from cemetery.
(a) It shall be unlawful and a Class 1 misdemeanor for any person to:
?
(2) Willfully or maliciously destroy, remove, cut, break or injure any tree, shrub or plant within any cemetery or any lot of any memorial or monumental association.
?
?
(Code 1962, ? 17-11.1; Ord. No. 83-3.3, ? 5.2-4, 3-8-83)
Cross reference? Penalty for Class 1 misdemeanor, ? 1-11.
State Law reference? Similar provisions, Code of Virginia, ? 18.2-127.
Danville ZONING ORDINANCE View whole ordinance
Chapter 41 ZONING ORDINANCE
ARTICLE 9. LANDSCAPING AND SCREENING REGULATIONS
C. Site Landscaping, Canopy and Tree Preservation Standards.
1. The applicant shall strive to preserve and protect existing trees in the design and development of projects requiring City subdivision and/or site plan approval and to strive to replace those trees necessarily removed during such development.
2. The subdivision plat or site plan for any subdivision or site development activity shall include the planting and/or replacement of trees, minimum tree canopies or tree covers will be provided in accord with the following standards: (Refer to Appendix for graphic illustrations of canopy coverage ratios for commercial, industrial and residential land uses.)
a. Apartment Residential Zoning District: Ten percent (10%) of the total site area shall be covered in tree canopy.
b. Townhouse and Mobile Home Park Zoning Districts: Fifteen percent (15%) of the total site area shall be covered in tree canopy.
c. Single Family, Two-family and Duplex Residential Zoning Districts: Twenty percent (20%) of the total site area shall be covered in tree canopy.
d. Off-Site Planting Option: If the full canopy requirement cannot be met by on-site plantings, the requirement may be satisfied by off-site plantings at the discretion of the Director of Planning/Zoning Administrator.
3. All landscape materials shall conform with the following minimum size or height (at date of planting) standards:
a. Deciduous shade trees: 2" caliper.
b. Street trees: 2" caliper.
c. Ornamental and understory trees: 6' height.
d. Coniferous trees: 6' height.
e. Evergreen shrubs: 18" spread or height.
f. Deciduous shrubs: 24" spread or height.
4. "Tree canopy" or "tree cover" shall include all areas of coverage by trees and plant materials, including street trees, provided that all such trees and plant materials exceed six (6) feet in height at date of planting.
5. All landscape materials shall be selected and sized in accordance with hardiness rating and growth habit appropriate for the intended placement of materials. All landscape materials shall be well branched and well formed, vigorous, healthy and free from disease, sun and wind damage and insect and shall have healthy and unbroken root systems.
6. Tree canopy requirements may be reduced on a case-by-case basis by waiver of the Planning Director during the site plan and/or subdivision plat approval process where it can be clearly demonstrated by the applicant that either (a) the reduced canopy achieves the intended landscape design objective through a combination of alternative landscape architectural and landscaping techniques or (b) where the characteristics property is such that the canopy coverage would not be effective and other methods of landscaping provide equal and adequate design responses. The above stipulated sizes may be modified based on specific property conditions and site design requirements.
7. Existing trees, inclusive of wooded preserved areas, which are to be preserved may be included to meet all or part of the aforementioned canopy requirements; provided that the landscape plan identifies such existing trees.
8. In cases where the application of the screening and/or parking lot landscape requirements cited hereinafter exceed the above minimum canopy requirements, the final placement, type, and quantity of landscape materials shall be determined as a part of the City's site plan or subdivision plat review process, provided that nothing herein shall restrict the applicant from exceeding the minimum canopy requirements, if desired.
9. No landscaping materials shall be installed which interfere with minimum transportation site distances for public and private streets. The landscape plan shall depict sight distance alignments and the location of sight easements.
10. The applicant, or the applicant's landscape architect or qualified landscape designer shall consult with the Director of Planning/Zoning Administrator during the preliminary plan phase to determine the most appropriate layout and coordinated landscape design concepts, tree placement and suitable species of trees and ground cover to be incorporated into the site plan.
(Ord. No. 2004-02.04, Art. 9, ? C, 2-17-04)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article III. ZONING DISTRICTS AND REGULATIONS
3.5 Specific Use Standards
3.5.6 Temporary use standards
C. General standards
7. The use shall not have a substantial adverse impact on the natural environment, including trees, ground cover and vegetation.
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article III. ZONING DISTRICTS AND REGULATIONS
3.8 PLANNED DEVELOPMENT DISTRICTS
3.8.2 General provisions
C. Master development plan
The development proposed in the master development plan shall be in substantial conformance with the comprehensive plan. A master development plan shall be filed by the applicant and approved by the city council as part of the approval of each planned development rezoning. After a master development plan has been submitted by an applicant and approved by the city council, development of the property that is the subject of that plan shall be in substantial conformance with the approved master development plan. In the event the owner of a property that has been approved for a planned development wishes to make any changes to the master development plan for that property, said owner may request that the city council approve an amendment to the master development plan. In the event the owner of a property that has been approved for a planned development wishes to abandon that planned development, said owner may apply for a rezoning to the same or a different zoning district. At a minimum, such required plan shall set forth the following:
2. A plan depicting the proposed development that includes, but is not limited to, the following:
(a) An existing conditions plan, proposed layout plan with applicable dimensions, grading plan, conceptual utilities plan, tree survey, landscaping plan with tree coverage and impervious coverage, architectural elevations showing exterior building materials, site sections showing building heights, and recreation and open space plan;
(b) A tabulation of land
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article IV. SITE DEVELOPMENT STANDARDS
4.15 Floodplain Regulations
4.15.8 Approval criteria
A. Permitted uses, activities or developments (including redevelopments) within the floodplain shall be permitted only when all available alternative locations not within the floodplain have been properly considered and it is not possible to accommodate reasonable development outside the floodplain boundaries. Each application for a floodplain permit, together with required supporting documentation, shall clearly demonstrate that the proposed use, activity or development:
3. Shall minimize the loss of natural vegetation and natural stormwater characteristics.
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article IV. SITE DEVELOPMENT STANDARDS
4.16 STORM DRAINAGE FACILITIES
4.16.5 Usage, improvement and preservation of creeks and channels
A. Natural creeks and drainage channels may be used where available to route stormwater runoff from the city.
B. Natural drainage systems will be improved where necessary in accordance with 9VAC25-870- 66 of the Regulations. To the maximum degree possible, these improvements shall be made in such a manner as to preserve, enhance or restore the vegetation, including trees, along the creek line so that the aesthetic, environmental and ecological values of the vegetation are not lost to the community.
C. Land disturbances within resource protection areas or resource management areas may require a water quality impact assessment in accordance with ?4.18.8.
(10-1-16)
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)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article IV. SITE DEVELOPMENT STANDARDS
4.6 Signs
4.6.4 Prohibited signs
A. General
Signs with the following general characteristics are prohibited in the city of Fairfax:
5. Signs painted on or attached to bike racks, bollards, hydrants, parking meters, public benches, refuse containers, sidewalks or walkways, street light poles, trees, utility poles and similar facilities;
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article V. DECISION-MAKING BODIES AND OFFICIALS
5.6 ZONING ADMINISTRATOR
5.6.2 Powers and duties
C. Final decisions
3. Tree removal permits (?6.10);
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article VI DEVELOPMENT REVIEW
6.10 Tree Removal Permits
6.10.1 Applicability
A. Tree removal permits shall be reviewed in accordance with the provisions of ?6.10.
B. Tree removal permits shall be required to remove or destroy any tree which is five inches or greater measured at breast height (DBH) on any lot larger than one-half acre in the RL, RM and RH zoning districts, and in all other districts. Tree removal permits shall not be required to be obtained prior to removing a tree if the tree has been determined a public health and safety menace in accordance with the applicable provisions of City Code, Chapter 38, Article III.
C. A site plan review application submitted in accordance with ?6.8 may satisfy the application requirements of ?6.10.
6.10.2. Application requirements
Applications for a tree removal permit shall include a tree management plan (?4.5.9.D) and be submitted in accordance with ?6.2.3.
6.10.3. Action by zoning administrator
A. The zoning administrator shall review each proposed tree removal permit application for compliance with the approval criteria of ?6.10.4.
B. Based on the approval criteria and the above considerations, the zoning administrator shall approve the tree removal permit, identify those modifications that would allow approval of the tree removal permit, approve the tree removal permit with conditions, or disapprove the tree removal permit.
6.10.4. Approval criteria
Applications for tree removal permits shall be reviewed for compliance with the requirements of ?4.5.9.D.3.
6.10.5. Transfer of tree removal permits
Approved tree removal permits, and any attached conditions, run with the land and are not affected by changes in tenancy or ownership.
6.10.6. Administrative appeals
Any final decision of the zoning administrator on a tree removal permit may be appealed to the board of zoning appeals in accordance with ?6.21.
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article VI DEVELOPMENT REVIEW
6.13 Chesapeake Bay Reviews
6.13.1 Applicability
A. Chesapeake Bay preservation reviews (Chesapeake Bay review) shall be conducted in accordance with the provisions of ?6.13.
B. All development or redevelopment within a Chesapeake Bay preservation area exceeding 2,500 square feet of disturbed land area shall be subject to the general performance standards in ?4.18.7.
C. Routine maintenance is allowed to be performed on flood control or stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of a watershed in order to assure that they continue to function as designed, but it is not the intent of ?6.13 to allow a best management practice that collects and treats runoff from only an individual lot or some portion of the lot to be located within a resource protection area.
6.13.2 Application requirements
Applications for Chesapeake Bay review shall be submitted in accordance with ?6.2.3, and shall include the following:
A. General
1. If applicable, a subdivision or site plan submitted in accordance with the provisions of chapter 86, Subdivisions, and this chapter;
2. A RPA site-specific study as provided for in ?6.13.2.B.2;
3. If applicable, a water quality impact assessment as required in ?4.18.8;
4. A tree management plan consistent with the provisions of ?4.5.9.D.1;
5. A stormwater management plan consistent with the design and performance standards of ?4.16, Storm drainage facilities;
6. An erosion and sediment control plan consistent with the provisions of ?4.17, Erosion and sediment control; and
7. Copies of all wetlands permits required by law. The required plans and studies shall include the delineation of the RPA boundary, the delineation of required buffer areas, and a maintenance agreement as deemed necessary by the zoning administrator to ensure proper maintenance of best management practices in order to continue their functions. Plans and studies may be coordinated or combined as deemed appropriate by the zoning administrator. However, the zoning administrator may also determine that any of the information required in ?6.13 may be unnecessary due to the scope and nature of the proposed development.
B. RPA site-specific study
1. RPA Area
(a) The resource protection area shall include the following:
(1) Tidal wetlands;
(2) Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;
(3) Tidal shores;
(4) Intermittent streams that remain largely in a natural condition and that have not been significantly impacted by adjacent development as depicted on the Chesapeake Bay preservation area map;
(5) Water bodies with perennial flow; and
(6) A 100-foot vegetated buffer area located adjacent to and landward of the components listed in subparagraphs (1) through (5), above, and expanded to include noncontiguous wetlands within the floodplain that are partially located within the buffer, along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the resource protection area notwithstanding the presence of permitted uses, encroachments or permitted vegetation clearing in compliance with the performance criteria of ?4.18.7.
(b) Designation of the six components, above, shall not be subject to modification unless based on reliable, site-specific information in accordance with ?6.13.2.B.2, below.
2. Study requirements
An RPA site-specific study shall be submitted as part of the development review procedures required by ?6.13 and in conjunction with site plan or subdivision approval.
(a) The RPA site-specific study shall be drawn to scale and clearly delineate the resource protection area components outlined in ?4.18.2.A.1.
(b) Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987.
(c) The RPA site-specific study shall delineate the site-specific geographic extent of the resource protection area.
(d) The RPA site-specific study shall be drawn at the same scale as the site plan or subdivision plan and shall be certified by a certified engineer, land surveyor, landscape architect, soil scientist, or wetland delineator.
(e) RPA boundaries shall include a jurisdictional determination or verification letter from the U.S. Army Corps of Engineers for all Waters of the U.S.
C. Tree management plan
A tree management plan shall be submitted as part of the development review procedures required by ?6.13. No clearing, grading, or construction on any lot or parcel shall be permitted without an approved tree management plan. In addition, the following supplemental information shall be provided for land disturbance, development, or redevelopment activity proposed within the resource protection area:
1. Any required buffer area shall be clearly delineated and any plant material to be added to establish or supplement the buffer area, as required by ?4.18.7.D, shall be shown on the tree management plan.
2. Within the buffer area, trees to be removed for sight lines, vistas, access paths, and best management practices, as provided for in ?4.18, shall be shown on the plan. Vegetation to replace any existing trees within the buffer area shall also be shown on the tree management plan.
3. Trees to be removed for stream bank stabilization projects and any replacement vegetation required by ?4.18 shall be shown on the landscaping plan.
D. Stormwater management plan
A stormwater management plan shall be submitted as part of the development review procedures required by ?6.13 and in conjunction with site plan or subdivision approval.
E. Contents
1. The stormwater management plan shall be developed in accordance with ?4.16, Storm drainage facilities. For facilities, verification of structural soundness, including a professional engineer or class IIIB surveyor certification shall be provided.
2. All engineering calculations shall be performed in accordance with procedures outlined in the current edition of the "Virginia State Stormwater Management Handbook."
3. The plan shall establish a long-term schedule for inspection and maintenance of stormwater management facilities that includes all maintenance requirements and persons responsible for performing maintenance in accordance with ?4.16, Storm drainage facilities.
F. Erosion and sediment control plan
An erosion and sediment control plan shall be submitted as part of the development review procedures required by ?6.13 in conjunction with site plan or subdivision approval that satisfies the requirements of ?4.17.
6.13.3 Action by director of public works
The director of public works will review Chesapeake Bay review applications in accordance with the approval criteria of ?6.13.5.
6.13.4 Action by zoning administrator
Based on the results of the review by the director or public works, the zoning administrator shall take one of the following actions: approve the permit, identify those modifications that would allow approval of the permit; approve the permit with conditions; or disapprove the permit.
6.13.5 Approval criteria
A. Chesapeake Bay review approvals shall be in compliance with the requirements of ?4.18.
B. The VSPM administrator may require physical improvements required by ?4.18 to be bonded in accordance with ?6.8.11 and 110-107 of City Code.
6.13.6 Revocation of approval
A Chesapeake Bay review approval shall be revoked if the zoning administrator finds that the terms of the approval have been violated or that there is a hazard to the public health, safety and welfare.
6.13.7 Transfer of Chesapeake Bay review approvals
Chesapeake Bay review approvals, and any attached conditions, run with the land and are not affected by changes in tenancy or ownership.
6.13.8 Administrative appeals
Final decisions on Chesapeake Bay reviews shall be made within 30 days of the final decision to the board of zoning appeals in accordance with ?6.21.
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article VI DEVELOPMENT REVIEW
6.15 Temporary Use Permits
6.15.4 Approval criteria
E. The use shall not have a substantial adverse impact on the natural environment, including trees, ground cover and vegetation.
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 54 OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE III. OFFENSES AGAINST PROPERTY
DIVISION 1. GENERALLY
Sec. 54-67. Injuring properties or monuments.
It shall be unlawful for any person to unlawfully destroy, deface, damage or remove without the intent to steal any property, real or personal, not his own, or break down, destroy, deface, damage, or remove without the intent to steal, any monument erected for the purpose of marking the site of any engagement fought during the War between the States, or for the purpose of designating the boundaries of the city, or any tract of land, or any tree marked for that purpose.
(Code 1978, ? 14-22.2)
State Law reference? Similar provisions, Code of Virginia, ? 18.2-137.
Fairfax City City Code View whole ordinance
Chapter 54 OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE III. OFFENSES AGAINST PROPERTY
DIVISION 1. GENERALLY
Sec. 54-69. Destruction of trees, shrubs, etc.
(a) It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another, or upon any land reserved, set aside or maintained by the commonwealth as a public park, or as a refuge or sanctuary for wild animals, birds or fish, or upon any land reserved, set aide or maintained as a public park, by a park authority created under the provisions of Code of Virginia, ? 15.2-5702, without having previously obtained the permission in writing of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless such actions are done under the personal direction of such owner, his agent, tenant or lessee or superintendent or custodian of such park, refuge or sanctuary.
(b) Any person violating this section shall be guilty of a class 3 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit.
(Code 1978, ? 14-22.1)
Cross reference? Vegetation, ch. 106.
State Law reference? Similar provisions, Code of Virginia, ? 18.2-140.
Fairfax City City Code View whole ordinance
Chapter 86. SUBDIVISION ORDINANCE
Article 2. DESIGN AND IMPROVEMENTS
2.6 Drainage
2.6.4 Floodplain and RPA
The final plat of every subdivision shall show any floodplain and resource protection area (RPA), and any proposed development shall conform to the floodplain and Chesapeake Bay protection requirements of chapter 110.
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 86. SUBDIVISION ORDINANCE
Article 3. ADMINISTRATION
3.3. Major Subdivisions
3.3.2 Preliminary plats
A. Application requirements
1. All applications for preliminary plat review shall be submitted in accordance with ?3.1.6, Application requirements. Each preliminary plat shall include plans for all property in the contiguous ownership or control of the applicant.
2. The application shall enumerate any requested variation(s) or exception(s) from the provisions of this chapter, and shall state with specificity the justification for each.
3. Each preliminary plat shall include the delineation of:
(a) Resource protection area and resource management area boundaries, if any, including notations of the following specific state requirements:
(1) To retain an undisturbed and vegetated 100-foot wide buffer area, as specified in subdivision 3 of 9VAC25-830-140;
(2) The permissibility of only water dependent facilities or redevelopment in resource protection areas, including the 100-foot wide buffer area;
(3) The delineation of the buildable areas that are allowed on each lot, based on the performance criteria specified in Part IV (9VAC25-830-120 et seq.); and
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 86. SUBDIVISION ORDINANCE
Article 3. ADMINISTRATION
3.3.3 Final plats
A. Application requirements
1. Final plats shall be submitted in accordance with ?3.1.6, Application requirements.
2. The final subdivision plat submitted for approval and subsequent recording shall conform to the approved preliminary plat. Any departure from the approved preliminary plan shall be noted by a separate statement, and presented to the zoning administrator with the final plat.
3. Final plats shall be prepared by a certified professional engineer or land surveyor, who shall endorse upon the final plat a certificate signed by him setting forth the source of the title of the owner of the land subdivided, and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source of title, the outlines of the several tracts shall be indicated upon such plat.
4. Engineered construction plans shall be submitted for the required improvements.
5. Each final plat shall include the delineation of:
(a) Resource protection area and resource management area boundaries, if any, including notations of the following specific state requirements:
(1) To retain an undisturbed and vegetated 100-foot wide buffer area, as specified in subdivision 3 of 9VAC25-830-140;
(2) The permissibility of only water dependent facilities or redevelopment in resource protection areas, including the 100-foot wide buffer area;
(3) The delineation of the buildable areas that are allowed on each lot, based on the performance criteria specified in Part IV (9VAC25-830-120 et seq.); and
(10-1-16)
Falls Church City Code View whole ordinance
Chapter 28 MISCELLANEOUS OFFENSES
ARTICLE IV. OFFENSES AGAINST PROPERTY
Sec. 28-70. Injury to property.
(a) It shall be unlawful for any person to take and carry away, or destroy, deface or injure, any property, real or personal, not his own. Violation of the provisions of this section, upon conviction, shall be punishable as a class 1 misdemeanor.
It shall be unlawful for any person, without approval of the owner or designated agent, to pick, pull, pull up, tear, tear up, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another or upon any land reserved, set aside or maintained by the city as a public park. Violation of the provisions of this section shall, upon conviction, be punishable as a class 3 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the custodian of such park afterwards given in writing or in open court shall be a bar to further prosecution or suit.
(b) If any person unlawfully:
(1) Destroys, defaces, damages or removes, without the intent to steal, any property, real or personal, not that person's own; or
(2) Breaks down, destroys, defaces, damages or removes, without the intent to steal:
?
b. Any monument erected for the purpose of marking the site of any engagement fought during the War Between the States, or for the purpose of designating the boundaries of any city, town, tract of land or any tree marked for that purpose.
Such person shall be guilty of a class 3 misdemeanor; provided that the court may, in its discretion, dismiss the charge if the locality or organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury.
?
(Code 1973, ? 24-9; Code 1982, ? 22-8; Ord. No. 948; Ord. No. 1834, 9-30-2009)
State Law reference? Similar state law, Code of Virginia, ? 18.2-137.
Falls Church City Code View whole ordinance
Chapter 35 STORMWATER
ARTICLE I. STORMWATER MANAGEMENT
Sec. 35-10. Chesapeake Bay Preservation Areas established.
(a) Chesapeake Bay Preservation Areas. All land within the city is designated as a Chesapeake Bay Preservation Area, which is divided into resource protection areas and resource management areas.
?
(f) Removal of vegetation in the resource protection area buffer area. Indigenous vegetation may be removed from the RPA buffer area only as permitted by the director 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. All requests for vegetation removal shall be submitted in writing to the director for evaluation:
(1) Trees may be pruned or removed as necessary subject to the written approval of the director 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.
(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 (such as Johnson grass, kudzu, and multiflora rose) may be removed and thinning of trees may be allowed subject to the written approval of the director, pursuant to sound horticultural practice incorporated into locally adopted standards.
(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.
?
(h) Re-establishment of buffer areas. The buffer area required in subsection (b)(2) of this section shall consist of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff. Where such vegetation is not sufficient to meet this purpose, it shall be established in accordance with this section.
(1) Where buffer areas are to be established, they shall consist of a mixture of shade trees, understory trees, shrubs and groundcovers. Density of the buffer shall be as described in the Riparian Buffers Modification and Mitigation Guidance Manual Restoration and/or Establishment Tables.
(2) Vegetation shall be chosen from the city recommended lists of trees and/or native floodplain species. Wetland plantings, including herbaceous plantings, and/or wetland seed mix shall be used where site conditions warrant. Plant materials and planting techniques shall be in accordance with the City of Falls Church Specifications for Planting.
(3) Where invasive plant species are present, the director may require their removal as part of the re-establishment of the buffer area.
(Ord. No. 1915, 3-24-2014; Ord. No. 1928, 9-8-2014)
Falls Church City Code View whole ordinance
Chapter 35 STORMWATER
ARTICLE I. STORMWATER MANAGEMENT
Sec. 35-15. Erosion and sediment control technical standards.
(a) Applicability of Virginia Erosion and Sediment Control Regulations. The more stringent of the erosion and sediment control performance standards contained in this section, or those contained in the Virginia Erosion and Sediment Control Regulations, 9VAC25-840-40, shall apply to all applications for development, redevelopment, or land disturbance that will disturb 2,500 square feet of land or more. Such standards shall also apply to all applications for development, redevelopment, or land disturbance within RPAs, regardless of the amount of land disturbance.
?
(o) Exemptions for certain agricultural, horticultural, or forest management activities. Any person who owns, occupies, or operates private agricultural, horticultural, or forest lands shall not be deemed to be in violation of this article for land disturbing activities, which result from the tilling, planting, or harvesting of agricultural, horticultural or forest crops or products or engineering operations such as the construction of terraces, terrace outlets, check dams, desilting basins, floodwater retarding structures, channel improvements, floodways, dikes, ponds, ditches and the like; the utilization of strip cropping, lister furrowing; land drainage; land irrigation, seeding and planting of waste, sloping, abandoned, or eroded lands and grasses; forestation and reforestation; rotation of crops; soil stabilization with trees, grasses, legumes, and other thick growing, soil-holding crops; retardation of runoff by increasing absorption of rainfall; and retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded.
?
(Ord. No. 1915, 3-24-2014; Ord. No. 1928, 9-8-2014)
Falls Church City Code View whole ordinance
Chapter 35 STORMWATER
ARTICLE I. STORMWATER MANAGEMENT
Sec. 35-17. Landscape conservation plan.
(a) All development, redevelopment, or land disturbance subject to this article shall include a landscape conservation plan. No stormwater management permit shall be approved without an approved landscape conservation plan. The landscape conservation plan shall include a scaled drawing, shall meet all of the requirements of this section, and shall be prepared and/or certified by a landscape architect, arborist, and/or horticulturalist.
(b) Preliminary vegetative survey. The plan shall include a preliminary vegetative survey of all existing trees on the site, measuring at least two inches in DBH and shrubs that are greater than five feet in height. A chart shall be provided showing common and botanical name, size, condition, life expectancy, and required preservation measures of all woody vegetation. All trees shall be identified by an International Society of Arboriculture (ISA) certified arborist.
(c) Existing vegetation preservation plan. The plan shall include an existing vegetation preservation component that shall illustrate any grade changes or other work adjacent to trees that would affect them adversely. Specifications shall be provided showing how grade, drainage and aeration will be maintained around vegetation to be preserved to ensure the protection of existing trees and other woody vegetation during clearing, grading and all phases of construction.
(1) Locations of tree preservation fencing, root pruning and other required tree preservation measures shall be shown on the plan.
(2) Proposed vegetation to be removed to create the desired construction footprint shall be clearly illustrated on the plan and labeled as "to be removed." Vegetation to be preserved outside the building envelope shall be shown on the plan and labeled as "to be preserved."
(3) The location of the critical root zone (CRZ) of any vegetation shown on the plan or located on adjacent properties, including city rights-of-way, where the critical root zone (CRZ) extends onto the site, shall be shown on the plan.
(4) Tree canopy coverage calculations provided by woody vegetation pre-development and post-development and/or redevelopment on the site shall be shown on the plan along with the driplines.
(5) The City of Falls Church Tree Standards and Specifications for Planting shall be included on the plan.
(6) Within the RPA buffer, trees and other woody vegetation to be removed for sight lines, vistas, access paths, best management practices, and shoreline stabilization projects shall be shown on the plan.
(d) Landscape revegetation plan. The plan shall include a landscape revegetation component that illustrates the proposed locations of vegetation that is required by this article and section 48-1180, tree canopy coverage required on residential lots zoned R1-A, low density and R1-B medium density.
(1) A chart shall be provided listing canopy coverage calculations and any required replacement canopy coverage vegetation pursuant to section 48-1180, tree canopy coverage required on residential lots zoned R1-A, low density and/or R1-B medium density.
(2) A landscape schedule shall be provided that lists species, size, quantity, root condition and any credited tree canopy coverage pursuant to section 48-1180, shall be shown on the plan.
(3) The planting of woody vegetation shall be in accordance with locally approved specifications and these specifications and details shall be included on the plan.
(4) Any required RPA buffer shall be clearly delineated and any woody vegetation to be added to establish, supplement or replace existing vegetation within the RPA buffer, as required under this Code, shall be shown on this plan.
(Ord. No. 1915, 3-24-2014)
Falls Church City Code View whole ordinance
Chapter 38 - SUBDIVISIONS
ARTICLE III. PREPARATION OF PLATS
Sec. 38-58. Preliminary plats.
Preliminary plats shall be drawn to a scale of not smaller than one inch equals 50 feet and may be of one or more sheets as necessary to show the following information:
?
(6) Location of all historic trees and specimen trees, as defined in chapter 44 and, further, location of other trees that, in the opinion of the public works director or planning commission, should be preserved.
(Code 1982, ? 31-13; Ord. No. 961, 2-23-1981; Ord. No. 999, 2-22-1982)
Falls Church City Code View whole ordinance
Chapter 44 VEGETATION
ARTICLE II. TREES AND SHRUBS
DIVISION 1. GENERALLY
Sec. 44-22. Removal or treatment of trees or shrubbery on private grounds.
(a) The arborist, except in the event of an emergency, shall, in carrying out the duties of the arborist outlined in subsections (b), (c) and (d) of this section, contact the property owner by writing the last known address of such owner, describing the conditions and stating the control necessary for correction and establishing a reasonable time within which the required steps shall be taken on a voluntary basis.
(b) The arborist, under the grant of power to municipalities in the state code, may cause or order to be removed any tree or part thereof on private ground which is in unsafe condition, or which by reason of its nature is injurious to sewer or other public improvements, or is affected with any injurious fungus, insect or other pest.
(c) The arborist shall also have power to:
(1) Enter upon any private grounds in the city and to spray or otherwise treat or cause or order to be sprayed or otherwise treated any tree or shrub infected or infested by any parasite, insect or pest, when it shall be necessary in the opinion of the arborist to do so;
(2) To prevent the breeding or scattering of any parasite; and
(3) To prevent danger to person or property or to trees and shrubs planted in the public streets or other public places.
(d) Whenever in the opinion of the arborist, trimming, pruning, removal or treatment of any such tree or shrub located on private grounds shall be deemed prudent and necessary and consistent with the standards of the International Society of Arboriculture as outlined in the American National Standards Institute A3000 and Z133.1 Standards, the arborist shall have the power to trim, treat or remove any such tree or shrub, or cause or order the same to be done.
(e) If the required steps are not taken within the specified time, the arborist shall cause or order the same to be done and shall assess the cost to the owner of the property.
(Code 1982, ? 35-3; Ord. No. 811; Ord. No. 1659, 10-25-1999)
Falls Church City Code View whole ordinance
Chapter 44 VEGETATION
ARTICLE II. TREES AND SHRUBS
DIVISION 1. GENERALLY
Sec. 44-24. Plantings along streets and public use easements.
(a) The planting, pruning or other treatment of trees upon the streets and public use easements shall be under the direction of the arborist. No tree upon any street or public use easement in the city shall be destroyed, cut down or otherwise removed without the consent of the arborist. No trees or plants of any kind shall be planted upon any street, public use easement or public property except with the consent of the arborist.
(b) No trees shall be planted at public expense upon private property unless a public use easement has been granted; except, that, with the consent of the owner, trees may be planted upon the line between any street and the abutting private property, and trees may be planted in connection with public works projects which have disturbed private property and where the city has easements, on condition that the planting, pruning, removal or other treatment of the trees so planted shall be under the control of the arborist.
(c) It shall be unlawful to girdle, break, bend, wound, tack signs or notices upon or, in any manner, injure any tree planted upon any public use easement or street or on the line within the corporate limits, except with the approval of the arborist.
(Code 1982, ? 35-6; Ord. No. 811)
Cross reference? Streets, sidewalks and other public places, ch. 36.
Falls Church City Code View whole ordinance
Chapter 44 VEGETATION
ARTICLE II. TREES AND SHRUBS
DIVISION 3. RESTRICTIONS AND REGULATIONS
Sec. 44-90. Historic or specimen trees.
(a) The tree commission may recommend to the city council that certain trees located within the city be officially designated as historic or specimen trees. Prior to such recommendation, the tree commission shall obtain the comments and recommendations of the arborist and shall notify the owner of property on which the tree is located. The tree commission shall present its recommendation to the city council for determination, considering the reports of the arborist and the tree commission. The city council shall hold a public hearing prior to officially designating any historic or specimen trees. The initial action on such a procedure may be taken by a citizen, citizen's group, or organization by submitting a complete report to the tree commission describing the trees in question and their significance in needing protection.
(b) In the event that the application of this chapter regulating the removal of heritage, specimen, memorial or street trees results in any taking of private property for a public purpose or use, the city 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 such owner's right to seek such fee or compensation.
(Code 1982, ? 35-9; Ord. No. 811; Ord. No. 1704, 5-14-2001)
State Law reference? Tree conservation, Code of Virginia, ? 10.1-1127.1.
Falls Church City Code View whole ordinance
Chapter 44 VEGETATION
ARTICLE II. TREES AND SHRUBS
DIVISION 4. TREE REMOVAL
Sec. 44-109. Permit required.
(a) A tree removal permit shall be required before any tree on property described in section 44-20 may be destroyed or removed.
(b) When a site plan or other development plan is required, application for a tree removal permit shall consist of a plan acceptable to the arborist in form and content, submitted as part of the site plan or other development plan. The arborist shall determine the plan's compliance with the requirements of the city as promulgated in a public facilities manual. No plan shall be approved which does not comply with these requirements.
(c) When no site plan or other development plan is required, application for a tree removal permit shall be submitted to the arborist in a form which provides the information deemed necessary by the arborist. Where no emergency exists, the arborist shall act upon a tree removal permit application within eight days from receipt of application.
(Code 1982, ? 35-12; Ord. No. 811; Ord. No. 1236, 9-13-1988)
Cross reference? Business, professional, occupational licenses, ? 40-456 et seq.
Falls Church City Code View whole ordinance
Chapter 48 ZONING
ARTICLE V. SUPPLEMENTARY REGULATIONS
DIVISION 7. SITE PLANS
Sec. 48-1140. - Other requirements.
To further the purposes of this chapter and to ensure public safety and general welfare, the planning commission, departments, divisions and agencies charged with the responsibility for the review and approval of site plans may require the following in addition to improvements required elsewhere in this chapter:
?
(6) Preservation of as many live trees as practical.
(7) Provision for appropriate shade trees along street right-of-way and sidewalks and in pedestrian and parking areas.
(Code 1973, ? 81-56; Code 1982, ? 38-29(g); Ord. No. 595; Ord. No. 640; Ord. No. 704; Ord. No. 881; Ord. No. 1042, 3-28-1983; Ord. No. 1058, 8-8-1983; Ord. No. 1072, 5-29-1984; Ord. No. 1118, 9-9-1985; Ord. No. 1237, 9-12-1988; Ord. No. 1263, 5-22-1989; Ord. No. 1277, ? 5, 10-10-1989; Ord. No. 1332, 11-12-1990; Ord. No. 1335, 11-12-1990; Ord. No. 1636, 3-8-1999)
Falls Church City Code View whole ordinance
Chapter 48 ZONING
ARTICLE V. SUPPLEMENTARY REGULATIONS
DIVISION 7. SITE PLANS
Sec. 48-1147. Owner's associations.
In the instance where development involves condominiums and cooperatives or other similar forms of ownership, either through conversion of an existing structure or through new construction, provision shall be made for the preservation and continuity of all common areas as follows:
(1) Adequate measures as certified in form and content by the city attorney must be provided, through deed restrictions or other legally binding arrangements; that ownership of the common area shall be vested in an association of all of the owners; that it shall remain as common areas in perpetuity, with suitable restrictions upon its use; and that the necessary funds shall continue to be provided by the owners in perpetuity to cover suitable maintenance of the lawns, trees, shrubs, pools, parking area, roads and lighting and for the collection of garbage and other trash.
?
(Code 1973, ? 81-56; Code 1982, ? 38-29(n); Ord. No. 595; Ord. No. 640; Ord. No. 704; Ord. No. 881; Ord. No. 1042, 3-28-1983; Ord. No. 1058, 8-8-1983; Ord. No. 1072, 5-29-1984; Ord. No. 1118, 9-9-1985; Ord. No. 1237, 9-12-1988; Ord. No. 1263, 5-22-1989; Ord. No. 1277, ? 5, 10-10-1989; Ord. No. 1332, 11-12-1990; Ord. No. 1335, 11-12-1990; Ord. No. 1636, 3-8-1999)
Falls Church City Code View whole ordinance
Chapter 48 ZONING
ARTICLE V. SUPPLEMENTARY REGULATIONS
DIVISION 8. LANDSCAPING
Sec. 48-1180. Tree canopy coverage required for single-family residential development.
(a) It is the intent of this section to regulate existing and replacement trees and/or shrubs to provide tree canopy coverage on developing and/or redeveloping residential lots zoned R1-A, low density residential and R1-B, medium density residential.
(b) Trees designated by the city as historic, specimen, street, park, memorial and other public trees shall be regulated pursuant to chapter 44, article II, pertaining to trees and shrubs.
(c) All developments, redevelopments, and/or land disturbing activities that are located in R1-A and R1-B zones that will disturb greater than or equal to 2,500 square feet of land shall provide for the preservation and/or planting of trees on the lot to the extent that, at a maturity of ten years, the minimum lot coverage of the tree canopy shall be 20 percent.
(d) Tree canopy coverage includes all areas within a lot's property lines beneath the dripline of vegetation. Calculation of the tree canopy coverage shall be the sum total of the existing vegetation and replacement vegetation.
(1) Preserved tree canopy coverage vegetation shall include the dripline beneath trees that measure no less than two inches in diameter at breast height (DBH) six inches above ground level and shrubs that measure no less than five feet in height.
(2) Replacement tree canopy coverage shall be as calculated by the most recent standards for tree canopy coverage by the Virginia Nursery and Landscape Association. Vegetation that is not included in this list may be substituted for vegetation of similar growth rate, type and form.
(e) Existing vegetation that shall be credited towards the required tree canopy coverage includes:
(1) Existing or relocated trees and/or shrubs that have been preserved in accordance with a landscape conservation plan, pursuant to article IV, division 16 of this chapter, pertaining to Chesapeake Bay preservation area overlay district.
(2) Canopy coverage from existing trees and/or shrubs shall be multiplied by 1.25 to determine the total tree canopy from preserved trees and shrubs. This is to encourage the preservation of existing vegetation and to recognize the additional environmental benefits that mature trees provide.
(f) Existing vegetation that shall not be credited towards the required tree canopy coverage include:
(1) Trees with a rating of fair to poor and with a life expectancy less than ten years, as calculated by the city arborist using the most recent edition of the Guide for Plant Appraisal, published by the International Society of Arboriculture.
(2) Undesirable and/or invasive vegetation, as published by the Virginia Department of Conservation and Recreation (DCR) and the Virginia Native Plant Society (VNPS).
(g) Replacement vegetation is required on lots that do not meet the minimum tree canopy coverage requirements either through the preservation of existing vegetation or due to the absence of tree canopy coverage present at the time of development or redevelopment.
(1) Replacement vegetation should be chosen from the Recommended List of Trees and Shrubs to Plant in the City of Falls Church.
(2) Substitute vegetation may be considered, provided it does not negatively impact native plant communities, cause damage to nearby structures and infrastructure, or possess inherent physiological traits that cause such trees to structurally fail.
(3) Size, planting and installation specifications of the required replacement vegetation shall be pursuant to this section.
(h) In addition to the quantity of the replacement vegetation, its quality shall be encouraged through providing tree canopy coverage credit. Credit shall be given for the following types of vegetation that are selected and planted on the lot so that it improves the overall health and condition of the urban tree canopy and provides for additional environmental benefits.
(1) A best management practice (BMP) credit of 25 percent of the tree canopy of the individual tree shall be given for those trees that are used in rain gardens, bio-retention areas or other vegetative best management practices.
(2) An energy conservation credit of 25 percent of the tree canopy of the individual tree shall be given for those types of trees that are an approved species for energy conservation. Trees shall be located 20 to 35 feet from the edge of a building and shade its western, southwestern or northern exposure from 2:30 p.m. to 7:30 p.m. from May through September.
(3) A species diversity credit of an additional ten percent shall be given for the use of not more than 20 percent of the trees to be of the same species.
(4) A utility line compatibility credit of the average of the listed shade trees shall be given for trees that are an approved species that do not conflict with overhead utility lines. This credit applies when site constraints do not allow for the planting of shade trees elsewhere on the lot.
(i) Installation and bonding requirements of replacement vegetation shall be regulated pursuant to article V, division 7 of this chapter, pertaining to site plans.
(j) Where areas to be preserved (as designated on an approved landscape conservation plan) are encroached upon, the city arborist may require the replacement of any vegetation damaged or destroyed. The size, species and quantity of these replacements shall be determined by the city arborist based on the value of the vegetation removed as calculated by the latest formula published by the International Society of Arboriculture.
(k) Modifications to the tree canopy coverage requirement in this section may be permitted when in the professional opinion of the city arborist, a lot's unique physical constraints will not allow for the planting of the replacement vegetation. Only in these cases, the city arborist may allow a cash contribution to the tree canopy coverage fund or off-site mitigation fund whereby a portion of a lot's tree canopy coverage requirements may be met from off-site mitigation planting or replanting at locations at the direction of the city arborist.
(l) The tree canopy coverage fund or off-site mitigation fund shall be established for the deposit of cash contributions and mitigation fees, when necessary, and administered by the city arborist. This fund shall be utilized to plant trees on public and/or private properties within the city boundaries.
(1) Cash contribution shall be based upon the replacement cost of the vegetation. The replacement cost shall be the sum total of all costs to purchase, transport, plant and guarantee the tree for one year from the date of planting.
(2) Requests for tree plantings on private property shall be prioritized based on the lot's location in the sub watershed, existing tree canopy coverage and other site conditions that would improve the urban tree canopy. The commitment of the homeowner to provide longterm care for the planting shall be required.
(3) Tree plantings shall be contracted out yearly and documentation provided to the tree commission and/or other interested parties as to the fund's administration, and the locations and types of trees planted.
(Code 1982, ? 38-30(b); Ord. No. 1766, 9-13-2004)
Farmville Town Code View whole ordinance
Chapter 18 OFFENSES?MISCELLANEOUS
Sec. 18-17. Destroying, injuring, etc., property?Public.
It shall be unlawful for any person to break, tear down, deface or destroy, or to assist in breaking, tearing down, defacing, injuring or destroying, any tree, sign, building, bridge, pavement or any other property belonging to or controlled by the town.
(Code 1973, ? 18-15)
State Law reference? Similar provisions, Code of Virginia, ?? 18.2-138, 18.2-139.
Sec. 18-39. Removing sand, rock, etc., from streets and public grounds.
It shall be unlawful for any person to remove or cause to be removed any dirt, sand, stone, rock, tree, shrub, plank, sidewalk or fence from any street, alley, lot or ground belonging to the town without permission from the mayor or the council.
(Code 1973, ? 18-41)
Cross reference? Streets and sidewalks, Ch. 23.
State Law reference? Injuries to trees, etc., in public squares or grounds, Code of Virginia, ? 18.2-139.
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS
Sec. 27-10. Construction of sidewalks to allow for growth.
Insofar as possible, when any granolithic, concrete, brick or other permanent sidewalk is laid in any street along which trees or shrubs have been planted, care shall be taken that an opening around the same shall be left in such sidewalk large enough for the expected growth of the trees or shrubs.
(Ord. No. 102, 6-15-2006)
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS
Sec. 27-11.Adjacent landowner responsibility.
No person shall plant, remove, or disturb any tree on or within any town street rights-of-way, park or other public place without first obtaining permission from the town.
(Ord. No. 102, 6-15-2006)
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS
Sec. 27-12. Tree protection.
Trees that are to be saved or kept in construction projects shall be protected as follows:
(1) No grading shall be done within the tree's drip line.
(2) A temporary fence shall be constructed around the tree's drip line.
(3) No equipment or machinery shall work within the fenced area.
(4) No tools, equipment or supplies shall be stored inside the fenced area.
(5) Landmark trees shall be protected.
(Ord. No. 102, 6-15-2006)
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS
Sec. 27-9. Tree planting, maintenance, and removal.
(a) The town shall have the right to plant, prune, maintain and remove trees shrubs and other plants within the lines of streets, alleys, avenues, lanes and public property as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty or public property. It shall be unlawful for any person to tie any animal or bicycle to any tree or shrub or to any structure erected for the protection of the same on public property. The town may remove or cause or order to be removed any tree, shrub, or part thereof which constitutes a threat to public health or safety or which is injurious to public property, public buildings, sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with an injurious fungus, insect, or other pest. This section does not prohibit the planting of street trees by adjacent property owners provided that the selection and location of said trees is in accordance with this chapter.
(b) The tree board may develop a list of desirable tree species for planting along streets in three (3) sizes: small, medium and large. A list of undesirable tree species may be developed as well. Such lists are not all inclusive and other species or cultivars may be taken into consideration by the town horticulturist as seems reasonable. This list would be available for the general public in assisting with landscaping of private property.
(c) No street trees other than those listed as small trees may be planted under or within ten (10) lateral feet of an overhead utility wire, or over or within five (5) lateral feet of an underground utility line (water, sewer, gas, transmission, etc.)
(d) It shall be discouraged as a normal practice for any person, firm or town department to top a tree on public property. Exceptions to this would be for instance; trees severely damaged by storms or other causes, certain trees under utility wires, or other obstructions where normal pruning practices are impractical and shall be exempted from this chapter.
(Ord. No. 102, 6-15-2006)
Farmville Town Code View whole ordinance
Chapter 6 BUILDINGS
ARTICLE I. GENERAL
Sec. 6-3. Moving of buildings.
?
(e) The town manager, as a condition precedent to the issuance of such permit, shall require a bond to be executed by the person desiring such permit, with corporate surety to his satisfaction. Such bond shall be made payable to the town and for such amount as he prescribes, but in no event to be less than two thousand dollars ($2,000.00). It shall indemnify the town against any and all damage caused by the moving of such building to streets, curbs, sidewalks, shade trees, highways and any other property which may be affected by the moving of a building. Such surety bond shall also be conditioned upon and liable for strict compliance with the terms of such permit, as to route to be taken and limit of time in which to effect such removal and to repair or compensate for the repair and to pay the town as liquated damages an amount not exceeding fifty dollars ($50.00) to be prescribed by the town manager for each and every day's delay in completing such removal or in repairing any damage to property or public improvement or in clearing all public streets, alleys or highways of any debris occasioned thereby.
?
(Ord. No. 79, 12-10-2003)
Cross reference? Moving vehicles and traffic, Ch. 15.
Farmville Town Code View whole ordinance
Chapter 8 CEMETERIES
Sec. 8-17. Injury to property.
It shall be unlawful for any person to injure or deface any part of the enclosure of Westview Cemetery; any enclosure of any grave or lot; any monument, tombstone or slab; any inscription or device thereon or to destroy or injure any tree, shrub, vine or flower therein.
(Code 1973, ? 8-14)
State Law reference? Injuries to cemeteries, burial grounds, etc., Code of Virginia, ? 18.2-127; injuring, etc., any property, monument, etc., Code of Virginia, ? 18.2-137.
Farmville Town Code View whole ordinance
Chapter 8 CEMETERIES
Sec. 8-20. Permit for planting or removal of plants, shrubbery or trees; installing monuments or markers in any lot.
No person shall plant or remove any plants, shrubbery, or trees, or install any monument or marker in any lot in Westview Cemetery without first securing a permit from the town manager or his authorized representative to do so. Such permit shall be in writing and in such form as may be prescribed by the town manager. After such plants, shrubbery or trees have been planted or removed, the permit shall be surrendered to the town office and canceled.
(Code 1973, ? 8-17)
Cross reference? Licenses and permits, Ch. 14; trees and shrubs, Ch. 27.
Franklin City Code View whole ordinance
Chapter 29 VEGETATION
Article III. Beautification Commission
Sec. 29-68. Same ? required for attachments to trees.
It shall be unlawful for any person, without first having obtained a written permit from the City Manager's office, to attach any wire, insulator, sign or any other device to any tree growing in any street, park, public place or grounds.
[Ord. No. 217, 3-26-1984]
Franklin City Code View whole ordinance
Chapter 7 CEMETERIES
Sec. 7-10. Perpetual care of burial space or lot.
The City shall care in perpetuity for all burial spaces or lots in City cemeteries. Such care shall include the cutting and raking of grass, the trimming of trees and shrubs, the preservation of graves and the removal of refuse, but shall not include cover work on monuments, markers and tombstones therein. The owner(s) of a burial space or lot may not prohibit the City from performing its obligations under this section.
[Ord. of 5-12-1997]
Sec. 7-13. Cemetery regulations.
The following regulations govern the use of burial spaces and lots in City cemeteries:
?
(4) No tree, shrub or plant shall be planted, pruned or removed from a City cemetery without the consent of the Director. The Director may plant, prune, remove or transplant any tree, shrub or plant in a City cemetery or at any burial space or lot whenever it is necessary to do so in order to economically maintain and care for burial spaces or lots, to prevent the impairment of or interference with the use of other burial spaces or lots or to promote, preserve or improve the appearance and dignity of the cemetery.
?
[Ord. of 5-12-1997]
Fredericksburg City Code View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places
ARTICLE V. Historic Areas and Resources
DIVISION 2. Infrastructure Improvements on City Property in Historic District
Sec. 66-193. Review standards; appeals.
A. In considering proposals for infrastructure improvements within the Old and Historic Fredericksburg District, the City and public utility review committee shall consider the following factors:
?
(2) The preservation of trees and other landscaping that provide visual uniformity to the streetscape;
?
?
[Code 1991, ? 16-13]
Fredericksburg City Code View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places
ARTICLE VI. Trees
Sec. 66-229. Abuse or mutilation of trees, shrubs, or other vegetation on City-owned property.
It shall be unlawful for any person to willfully or maliciously break, bark, belt, or otherwise injure any tree, shrub, plant, or other vegetation on City-owned property.
[Ord. No. 04-08, 4-27-2004]
Sec. 66-230. Violations.
Any person found in violation of any provision of ? 66-222, 66-223, or 66-229 shall be guilty of a misdemeanor punishable by a fine of not more than $1,000. This shall be in addition to any civil penalties, charges, or other actions that may be instituted against such person to prevent, restrain, correct, or abate violations of this article.
[Ord. No. 04-08, 4-27-2004]
Fredericksburg City Code View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places
ARTICLE VIII. Use of Other Public Property
Sec. 66-251. General regulations on use of public property.
A. These general regulations apply to the parks, trails, parking lots, parking decks, riparian land, and other property described in this article, unless a more specific section of this article applies.
B. Prohibited activities. It shall be unlawful, on the land described in Subsection A, to:
?
(8) Cut, clear, damage, or destroy any tree or other natural vegetation.
?
?
[Ord. No. 14-04, 1-28-2014]
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.]
Sec. 72-34.5. Chesapeake Bay Preservation Overlay District.
?
H. Development standards in the CBPO. The following additional design standards shall be required and provided for in the site plan and shall apply to all development and redevelopment within the CBPO District:
?
(2) Indigenous vegetation shall be preserved to the maximum extent practicable, consistent with the use and development permitted and in accordance with the current edition of the Virginia Erosion and Sediment Control Handbook of the Virginia Department of Conservation and Recreation as follows:
(a) Trees over eight inches diameter at breast height shall be preserved outside the construction footprint, unless otherwise authorized by the Stormwater Administrator. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed.
[Amended 6-10-2014 by Ord. No. 14-25]
(b) Prior to clearing or grading, suitable protective barriers 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.
(3) Land development shall minimize impervious cover to promote infiltration of stormwater into the ground, consistent with the use or development permitted.
?
I. Resource protection area buffer requirements.
?
(2) Vegetation removal. In order to maintain the functional value of buffer areas, indigenous vegetation may be removed, subject to approval by the Stormwater Administrator, to provide for reasonable sight lines, access paths, general woodlot management, and best management practices, including those designed to prevent upland erosion and concentrated flows of stormwater, as follows:
[Amended 6-10-2014 by Ord. No. 14-25]
(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; thinning of trees may be allowed in accordance with sound horticultural standards;
(d) 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; and
(e) In IDAs, the Stormwater Administrator shall have the authority to require the establishment of vegetation within the one-hundred-foot-wide buffer area. Consideration shall be given to establishing vegetation in such areas over time in order to maximize water quality protection, pollutant removal, and water resource conservation.
?
?
L. Site plan requirements in the CBPO.
(1) General information. If any proposed development or redevelopment within the CBPO District exceeds 2,500 square feet of land disturbance, then the following additional information shall be submitted as all or part of the site plan required by this section:
?
(b) A vegetation plan, certified by a design professional, meeting the following requirements:
[1] The plan shall be drawn to scale and shall clearly set forth the location, size, and description of existing and proposed plant material and all existing trees on the site eight inches or greater in diameter at breast height. Where there are groups of trees, stands may be outlined instead. Trees eight inches or greater in diameter at breast height to be preserved outside of the construction footprint shall be indicated. Trees to be removed to create a desired construction footprint shall be clearly delineated;
[2] The buffer area shall be clearly delineated, as well as any plant material to be added in order to establish or supplement such buffer area;
[3] Within buffer areas, trees to be removed for sight lines, vistas, access paths, shoreline stabilization projects, or best management practices required by this division shall be shown. Vegetation required by this chapter to replace existing trees within the buffer area shall also be depicted;
[4] The plan shall depict grade changes or other work adjacent to trees that would adversely affect them. Specifications shall be provided as to how grade, drainage, and aeration will be maintained around trees to be preserved;
[5] The plan shall include specifications for the protection of existing trees during clearing, grading, and all phases of construction;
?
?
(3) Water quality impact assessment contents. A major water quality impact assessment shall include the following information and elements:
?
(d) Includes a vegetation survey that:
[1] Identifies and delineates the location of all significant plant material on site, including all trees eight inches or greater in diameter at breast height or, where there are groups of trees, an outline of stands;
[2] Describes the potential impacts of the proposed development or use on existing vegetation;
[3] Describes the general limits of clearing;
[4] Provides a clear delineation of trees to be removed; and
[5] Describes the plant species to be disturbed or removed;
?
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. 72-55.6. Trees.
A. Street trees. Street trees shall be required for all development in the City, in accordance with the following standards:
(1) Where required. Street trees shall be required on both sides of all streets in the City except alleys and around temporary turnarounds.
(2) Location. Trees shall be evenly spaced, aligned along the right-of-way frontage within 15 feet of the edge of the roadway pavement, and placed between the edge of the roadway pavement and any sidewalk or trail.
(3) Type. All trees must be on the City of Fredericksburg's approved street tree list or be approved by the City Arborist. All plantings must be in accordance with ANSI A300 Part 6. Existing mature, healthy trees located within the streetscape buffer shall be preserved and maintained as part of the overall landscaping plan for the development.
(4) Configuration.
(a) Single street trees shall be canopy trees except when beneath overhead utilities, where understory trees shall be used. Refer to the City of Fredericksburg's Approved Street Tree List for a list of trees to be planted under power lines.
(b) No single genus shall constitute more than 20% of the number of trees to be planted.
(c) Understory trees shall be spaced a maximum average of 20 feet on-center.
(d) Canopy trees shall be spaced a maximum average of 40 feet on-center.
(5) Deviations. Deviations from the standards may be proposed in accordance with the standards in ? 72-55.7, Alternative landscape plan, or by the City's Arborist.
B. Specimen tree protection.
(1) Applicability.
(a) General.
[1] Existing mature, healthy trees located within the streetscape buffer shall be preserved and maintained as part of the overall landscaping plan for the development. Every development, except that exempted in accordance with ? 72-55.6B(1)(b), Exemptions, shall be required to protect specimen trees in accordance with this section.
[2] A specimen tree is notable by virtue of its outstanding size and quality for its particular species. An existing canopy tree is considered notable when it achieves a diameter at breast height of 32 inches or more and any understory tree is considered notable when it achieves a diameter at beast height of nine inches or more. Species not native to Virginia shall not be eligible for consideration as specimen trees.
(b) Exemptions. The following developments shall be exempt from these standards:
[1] Those located within the C-D District; and
[2] Existing single-family detached residential dwellings on lots of record established prior to October 8, 2013.
(c) Invasives not considered specimen trees. Regardless of the diameter at breast height (DBH), any tree listed on the Virginia Department of Conservation and Recreation's Invasive Alien Plant Species List shall not be considered a specimen tree for purposes of this chapter.
(2) Depiction on landscaping or development plan. The location, species, and size of all specimen trees to be retained in accordance with this section shall be depicted on the proposed development plan associated with the development.
(3) General requirement. No specimen tree shall be removed during the development process, except in accordance with ? 72-55.6B(4), Removal of a specimen tree. In addition, all specimen trees shall have the following protections, whether located on public or private land:
(a) Cutting, removal, or harm prohibited. Specimen trees shall not be cut, removed, pushed over, killed, or otherwise harmed.
(b) Paving or soil compaction prohibited. The area within the dripline of any specimen tree shall not be subject to paving or soil compaction.
(4) Removal of a specimen tree. Specimen trees may be trimmed, or cut if the landowner demonstrates to the City Arborist one of the following conditions:
(a) Removal of a healthy specimen tree. A specimen tree is in healthy condition, and all of the following standards are met:
[1] The landowner is otherwise in compliance with this section;
[2] The specimen tree prevents development of a lot platted prior to October 8, 2013, in a way that limits building area to less than otherwise allowed, or hinders compliance with the standards in Article 72-3, Zoning Districts; Article 72-4, Use Standards; or Article 72-5, Development Standards; and
[3] Mitigation is provided in accordance with ? 72-55.6B(5), Replacement/mitigation of specimen trees.
(b) Removal of a severely diseased, high-risk, damaged, or dying specimen tree. A specimen tree is certified by an arborist or other qualified professional as severely diseased, high risk, damaged by an act of God, or dying. Removal of a severely diseased, high risk, or dying specimen tree shall not require mitigation in accordance with ? 72-55.6B(5), Replacement/mitigation of specimen trees.
(c) Trimming, cutting or removal is otherwise necessary. This chapter's prohibition of the trimming, cutting or removal of a specimen tree shall not apply:
[1] To work performed on federal or state property;
[2] To emergency work performed to protect life, limb or property;
[3] Routine installation, maintenance or repair of cable and wires used to provide cable television, electric, gas or telephone service;
[4] To activities having only minor effects upon trees, such as home gardening and landscaping of individual homes; or
[5] To commercial silvicultural or horticultural activities.
(5) Replacement/mitigation of specimen trees. Any person who is determined to be responsible for the unauthorized destruction or removal of a specimen tree shall be required to implement, and to bear the cost of, the following measures:
(a) Replacement trees required. Each healthy specimen tree removed or destroyed shall be replaced with replacement trees, each measuring no less than two inches in DBH by American Nurseryman Standard. Replacement trees shall be provided at a rate necessary to result in a cumulative total of replacement tree inches meeting or exceeding the DBH of the specimen tree removed. The replacement trees shall be replanted within 12 months of the removal or destruction of the specimen tree.
(b) Location of replacement trees. Replacement trees shall be either planted on the parcel of land from which the specimen tree was removed if sufficient space is available, or placed on nearby property in accordance with ? 72-55.7, Alternative landscape plan.
C. Tree protection during construction.
(1) Owner's responsibility. At all times prior to completion of development, barriers shall be installed to protect existing and newly installed vegetation from damage, in accordance with ANSI standard A300 Part 5, Management of Trees and Shrubs During Site Planning, Site Development, and Construction (revised 2012). Except for driveway access points, sidewalks, curb, and gutter, no paving shall occur within a tree save area except as may be specifically authorized within an approved alternative landscaping plan.
(2) Tree protection fencing.
(a) Where required. Specimen trees and other existing trees for which a developer is receiving credit towards landscaping requirements in accordance with ? 72-55.6D, Tree preservation incentives, shall be fenced with a sturdy and visible fence. The fence shall be installed prior to commencement of any land disturbing activity and shall be maintained in place at all times until completion of development. Fencing shall be erected no closer than one linear foot to a tree's dripline. The Zoning Administrator shall consider the existing site conditions in determining whether the location of tree protection fencing meets the requirements of this subsection. The area located inside tree protection fencing is referred to as the "tree save area".
(b) Inspection. All tree protection measures shall be inspected and approved by the Zoning Administrator as being compliant with the requirements of this subsection, prior to commencement of any land disturbing activities.
(c) When required. No construction, grading, equipment or material storage, or any other activity shall be allowed within any tree save area.
(3) Encroachments into tree save areas. Encroachments into specimen tree save areas shall occur only when no other alternative exists. If such an encroachment is anticipated, the developer shall notify the Zoning Administrator and shall refrain from any such encroachment for a period of 48 hours following the notification, to allow the Zoning Administrator an opportunity to confer with the developer and inspect the site. Thereafter, if the developer proceeds with the encroachment, the following preventive measures shall be employed:
(a) Soil compaction. To help prevent compaction due to construction traffic or materials delivery through a tree save area, the area must first be mulched with a minimum four inch layer of wood chips. Under no circumstances shall equipment or materials be stored within a tree save area.
(b) Fill. No fill shall be placed within a specimen tree save area without adequate venting to allow air and water to reach the roots.
(c) Chemical contamination. Trees located within a specimen tree save area shall be protected from chemical contamination from liquids or other materials, including but not limited to paint, chemical solvents, gasoline, oil, diesel fuel, hydraulic fluid, concrete spoils, or rinse water from vehicle cleaning, including rinsing of concrete truck tanks and chutes.
D. Tree preservation incentives.
(1) Tree preservation credits. In order to encourage the preservation of as many trees as practical on a development site, credit towards the minimum landscaping requirements shall be applied to all existing trees retained on a site that comply with the credit standards of this subsection and are not specimen trees. Credits shall be granted in accordance with the following standards:
(a) Standards. Existing healthy, well-formed canopy and understory trees shall be credited toward the minimum landscaping requirements in this section, provided:
[1] The vegetation to be credited shall meet the minimum size standards in this chapter;
[2] The vegetation to be credited conforms with all species requirements and does not include noxious or invasive weeds or other nuisance vegetation;
[3] The vegetation to be credited is protected before and during development by tree protection fencing or other methods approved by the Zoning Administrator prior to the start of any land-disturbing activities; and
[4] The location of the existing vegetation contributes to the screening or buffering functions of the landscaping.
(b) Credit amount. As an incentive for retention of existing trees, existing trees meeting the standards in Subsection D(1)(a) above that are retained during and after development shall be credited towards the minimum landscaping requirements in this chapter at a rate of 1.25 times the tree's actual caliper or diameter at breast height.
(2) Reduction in the minimum number of required parking spaces. Up to a 5% reduction in the number of off-street parking spaces required on a development site shall be allowed, if the reduction of pavement will preserve the root zones of existing, healthy specimen trees. The specific amount of reduction will be determined by the Zoning Administrator after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use, and must be agreed upon by both the applicant and the Zoning Administrator. Alternative paving materials (see ? 72-53.3G, Alternative materials) may be required by the Zoning Administrator in cases where required parking areas encroach upon root zones.
Hampton City Code View whole ordinance
Chapter 13.1 LAND DISTURBING OPERATIONS
ARTICLE I. LAND DISTURBING ACTIVITY AND EROSION AND SEDIMENT CONTROL GENERALLY
Sec. 13.1-11. Preparation of plan; preliminary plan. Modified
(a) Any person proposing to undertake any land-disturbing activity, other than those exempted by section 13.1-3 herein, shall prepare and submit to the agent a land-disturbing plan, prepared in accordance with the following criteria:
(1) The plan required by this chapter shall be prepared by a certified professional engineer or land surveyor duly licensed by the commonwealth and shall be developed in accordance with the Virginia Erosion and Sediment Control Law, Virginia Code ? 62.1-44.15:51, et seq. , and the Virginia Erosion and Sediment Control Regulations, 9VAC25-840, et seq.
(2) The plan shall consist of a recent physical survey of the parcel(s)/lot(s) where the land-disturbing activity is proposed drawn to a graphic scale and shall include:
?
f. Existing trees, watercourses, and utilities;
?
?
(5) A Chesapeake Bay Preservation Act Land-Disturbing Activity shall be subject to an erosion and sediment control plan consistent with the requirements of this chapter, chapter 9, article II of the city zoning ordinance, and chapter 33.2 of the city stormwater management ordinance. Additionally, on properties zoned O-CBP, areas shown on the site plan as undisturbed, or as a buffer proffered as part of a conditional rezoning or required for a use permit, or as part of a resource protection area, shall be protected from disturbance by the following methods:
a. Prior to disturbing the site, undisturbed areas shall be delineated by a form of fencing or markings which clearly identify the area boundaries and intent. Fencing, markers, or similar barriers shall be placed around the undisturbed area, and shall display brightly colored flags or signs in a manner that is plainly visible to equipment operators and ground workers. Fencing or markers shall be located such that a distance of not less than six (6) inches for every one (1) foot in diameter of tree trunk shall be maintained from any tree within the undisturbed area.
?
d. Removal of trees not retained shall be in a manner which avoids injury to remaining trees.
?
?
(Ord. No. 1037, 2-26-92; Ord. No. 1483, 8-15-07; Ord. No. 14-0004, 4-9-14; Ord. No. 15-0010, 3-25-15)
Sec. 13.1-19. Permit restrictions and conditions.
(a) All activity under the permit shall be conducted by the owner of the property or his representative.
(b) In granting any permit required by this chapter, the department shall impose such conditions thereon as are reasonably necessary to prevent the proposed operations from being conducted in such a manner as to constitute or create a nuisance or a hazard to life or property or cause environmental damage. Such conditions may include, but are not limited to:
?
(5) Requirement that additional measures to adequately protect and preserve trees and shrubs designated as plants to remain.
?
(Code 1964, ?? 16.1-3, 16.1-13; Ord. No. 672, 10-8-80; Ord. No. 1483, 8-15-07; Ord. No. 14-0004, 4-9-14)
Hampton City Code View whole ordinance
Chapter 34 STREETS AND SIDEWALKS
ARTICLE II. WORK ON, OVER, UNDER OR AFFECTING STREETS GENERALLY
DIVISION 2. PERMIT GENERALLY
Sec. 34-41. General requirement and exceptions.
(a) Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection with the erection, construction, removal, relocation or maintenance of any surface, overhead or underground installation or to cut, trim or spray trees or to place signs, if such work, cutting, trimming, spraying or placing is on, under or over a street or affects a street, until such person has obtained a permit therefor in accordance with the provisions of this division. Such permit shall also be required before any person stencils or paints any figure, name or other representation on any curb.
?
(Code 1956, ? 19-17; Code 1964, ? 37-17; Ord. No. 1029, 11-13-91; Ord. 1456, 1-24-07)
Hampton ZONING ORDINANCE View whole ordinance
ZONING ORDINANCE
Chapter 3 USES PERMITTED
Sec. 3-3. Additional standards on uses.
The following uses have additional standards:
?
(35) Excavation, filling, borrow pit operation, extraction, processing or removal of soil in all districts.
Provided that nothing herein shall be cons1d to require the securing of a use permit for the following: swimming pool construction, construction of foundation, landscaping activities on a single lot or parcel, the stripping of sod for agricultural purposes, an approved subdivision plan, activities in connection with a planned unit development, or activities in connection with an approved site plan. The controlled activity shall be subject to the following and subject to securing a use permit. In addition:
?
(d) No trees or other existing growth shall be removed from the site except in the area to be excavated and in the right-of-way of haul roads, except that an area not to exceed ten thousand (10,000) square feet may be cleared for operational offices, shops, and storage areas. In all cases, existing vegetation shall not be removed immediately prior to excavation in that particular area.
?
(Ord. No. Z15-08, 6-10-2015)
Hampton ZONING ORDINANCE View whole ordinance
ZONING ORDINANCE
Chapter 9 OVERLAY DISTRICTS
ARTICLE II. O-CBP DISTRICT?CHESAPEAKE BAY PRESERVATION OVERLAY
Sec. 9-14. Regulations for development and redevelopment.
(1) Permitted uses include all uses permitted in the underlying zone.
(2) Restrictions on permitted uses:
(a) General performance criteria for development and redevelopment within resource management areas, resource protection areas and intensely developed areas:
(i) Land disturbance shall be limited to the area necessary to provide for the proposed use or development. In accordance with an approved site plan, the limits of land disturbance, including clearing or grading, shall be clearly shown on submitted plans and physically marked on the development site.
(ii) Indigenous vegetation shall be preserved to the maximum extent practicable, consistent with the proposed use or development, and in accordance with the Virginia Erosion and Sediment Control Handbook.
(aa) Existing healthy trees exhibiting a minimum trunk diameter of six (6) inches, measured four and one-half (4?) feet from the ground, shall be preserved outside the limits of clearing.
(bb) Clearing shall be allowed only to provide a building site, necessary parking, necessary access, positive site drainage, stormwater BMPs, and the installation of utilities, as approved by the zoning administrator or the director of public works, as appropriate.
(cc) Prior to clearing or grading, suitable protection measures for undisturbed areas, as outlined in chapters 13.1 and 33.1 of the city code and the "City of Hampton Landscape Guidelines" shall be followed.
?
(b) Other restrictions applicable to the RPA (RPA Regulations):
?
(iii) Buffer area requirements for RPAs:
(gg) In order to maintain the functional value of the buffer area, indigenous vegetation may be removed, subject to approval of the zoning administrator, 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:
1. Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that if removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering non-point 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 (such as Johnson grass, kudzu and muitiflora rose) may be removed and thinning of trees allowed as permitted by the zoning administrator or his designee pursuant to sound horticultural practices.
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.
?
?
(Ord. No. Z15-15, 8-12-2015)
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 15 HEALTH AND SANITATION
CHAPTER 4. CRIMES AGAINST PROPERTY
ARTICLE B. TRESPASS
Sec. 16-4-15. Injuries to cemeteries, burial grounds, etc.
(a) If any person:
?
(3) Willfully or maliciously destroy, remove, cut, break or injure any tree, shrub or plant within any cemetery or lot of any memorial or monumental association;
?
?
State Law reference? Va. Code, ? 18.2-127.
Harrisonburg City Code View whole ordinance
Title 15 HEALTH AND SANITATION
CHAPTER 4. CRIMES AGAINST PROPERTY
ARTICLE C. DAMAGE TO AND TAMPERING WITH PROPERTY
Sec. 16-4-33. Injuring, etc., any property, monument, etc.
If any person, unlawfully, but not feloniously, take and carry away, or destroy, deface or injure any property, real or personal, not his own, or break down, destroy, deface, injure or remove any monument erected for the purpose of marking the site of any engagement fought during the War between the States, or for the purpose of designating the boundaries of any city, town, tract of land, or any tree marked for that purpose, he shall be guilty of a class 1 misdemeanor.
State Law reference? Va. Code, ? 18.2-137.
Cross reference? Injuries to cemeteries, burial grounds, etc., ? 16-4-15.
Sec. 16-4-35. Destruction of trees, shrubs, etc.; depositing trash.
(a) It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another, or upon any land reserved, set aside or maintained by the city as a public park, or as a refuge or sanctuary for wild animals, birds or fish or to deposit any trash, debris, garbage or litter thereon, without having previously obtained the permission in writing of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same be done under the personal direction of such owner, his agent, tenant or lessee or superintendent or custodian of such park, refuge or sanctuary.
(b) Any person violating this section shall be guilty of a class 3 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit.
State Law reference? Va. Code, ? 18.2-140.
Harrisonburg City Code View whole ordinance
Title 9 PARKS, RECREATION AND CULTURAL AFFAIRS
CHAPTER 6. PUBLIC TREE ORDINANCE
Sec. 9-6-7. Public tree care.
(a) The city shall use established standards to plant and care for public trees, such as: ISA (International Society of Arboriculture) standards, Virginia Cooperative Extension Service publications, and ANSI A-300.
(b) Permits must be requested and obtained from the public tree advisory board before:
(1) Removal of any public trees by the city or private property owners or others;
(2) Planting of any public tree by any private property owner or others; or
(3) Pruning of any public tree by any private property owner or others.
(c) Established standards shall be followed for work as cited above to ensure quality care of public trees.
(d) In the event of an emergency, such as a fallen tree or other condition requiring the immediate removal of a public tree, the tree may be removed without complying with the provisions of subsection (b) above. An "emergency" shall include, but not limited to: trees posing an immediate danger to public safety, trees causing outage of utility services, etc.
(e) When the city removes a tree, it shall be city policy to plant an appropriate replacement somewhere in the general area, which may include offering a replacement to a private property owner for planting on private property where replacement on public property is not practical.
(f) Applications for permits required by the provisions of this chapter shall be made at the office of the department of planning and community development, not less than thirty (30) days in advance of the time the work is desired to be done.
(Ord. of 12-14-04)
Hopewell City Code View whole ordinance
Chapter 12 Cemeteries
ARTICLE I. IN GENERAL
Sec. 12-2. Injuring, etc., cemeteries, burial grounds, etc.
(a) If any person:
?
(2) Willfully or maliciously destroy, remove, cut, break or injure any tree, shrub or plant within any cemetery or lot of any memorial or monumental association;
?
?
Cross reference: Damaging property generally, ? 25-33 et seq.
State law reference: Similar provisions, Code of Virginia, ? 18.2-127.
Hopewell City Code View whole ordinance
Chapter 25 Offenses - Miscellaneous
Sec. 25-35. Destruction of trees, shrubs, etc., on land of another, public park or wildlife refuge or sanctuary.
(a) It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another, or upon any land reserved, set aside or maintained as a public park, or as a refuge or sanctuary for wild animals, birds or fish, without having previously obtained the permission, in writing, of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same be done under the personal direction of such owner, his agent, tenant or lessee or superintendent or custodian of such park, refuge or sanctuary.
(b) Any person violating this section shall be guilty of a Class 3 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit.
Leesburg City Code View whole ordinance
Chapter 24 OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE III. OFFENSES AGAINST PROPERTY
DIVISION 3. MALICIOUS MISCHIEF[4]
Sec. 24-90. Injuring, damaging, etc., property generally.
(a) General prohibition. The destruction, injuring, damaging, mutilation or removal of the property of another is hereby prohibited. It shall be unlawful for any person to destroy, damage, mutilate or remove the property of another.
(b) Cemeteries. No person shall damage or deface in any way whatsoever any well, pump, building, tombstone, seat, bench, chair, railing, enclosure, tree, shrub, vine, bulb, flower or other thing placed, put or growing in any cemetery.
(c) Grassplots, flowers, etc. No person shall drive any animal or vehicle along, on or across any grassplot in any street or public place or on a sidewalk.
(Code 1963, ? 15-28; Code 1976, ? 11-28)
State Law reference? Injuring property generally, Code of Virginia, ? 18.2-137.
Sec. 24-93. Placing or posting advertising matter on or in vehicles, trees or utility poles.
It shall be unlawful for any person to place or cause to be placed any circulars, bills, posters or any advertising matter on or in any vehicle while parked in the municipal parking lot or on any street in the town, or to post or attach any such matter on any tree or electric or telephone pole within the public right-of-way.
(Code 1963, ? 15-56; Code 1976, ? 11-31)
Leesburg City Code View whole ordinance
Chapter 26 PARKS AND RECREATION
ARTICLE II. PARK RULES
Sec. 26-21. Parks property.
(a) Prohibited acts?Generally. The following shall be the general prohibitive acts within park property:
(1) Disfiguration and removal. No person in a park shall willfully mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplace, railings, signs, tree guards, paving or paving material, public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts or other boundary marks, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
?
(3) Removal of natural resources. No person in a park shall dig or remove any sand, soil, rock, stones, water, trees, shrubs, flowers or plants, downed timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency.
?
(b) Same?Trees, shrubbery, lawns. The following shall be the prohibited acts for trees, shrubbery, lawns, etc. on park property:
(1) Injury and removal. No person in a park shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant; nor attach any rope, wire, or other contrivance to any tree or plant; or dig in otherwise distributed grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.
(2) Climbing trees, etc. No person in a park shall climb any tree or walk, stand, sit or attach any rope or cable or other contrivance upon monuments, vases, fountains, railings, fences, buildings or upon any other property not designated or customarily used for such purposes.
?
(Code 1976, ? 11-81(b); Ord. No. 91-0-11, ? 1, 2-26-1991; Ord. No. 95-0-29, ?? I, II, 10-24-1995; Ord. No. 99-0-12, ? I, 5-11-1999; Ord. No. 2003-0-16, ? I, 10-15-2003)
Lexington City Code View whole ordinance
Chapter 147. Cemeteries
[HISTORY: Adopted by the City Council of the City of Lexington by Ord. No. 05-4 (Ch. 6 of the 1970 Code). Amendments noted where applicable.]
Article I. In General
Sec. 147-1. Disfiguring cemetery property.
It shall be unlawful for any person to disfigure, break or mutilate any tombstone, gravestone, marker, monument, vault, enclosure, tree, shrub or vegetation in Evergreen Cemetery or Stonewall Jackson Memorial Cemetery.
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. 380-10. Prior notice for removal.
A. For public safety, and to avoid damage to public utilities, owners considering the removal of trees greater than six inches dbh and growing within 15 feet of the City right-of-way should notify the City Arborist of their removal plans.
B. In the Central Business District, there shall be no planting or removal of protected trees without prior notification, review, and approval of the Tree Board.
C. No person, except authorized employees of the City, shall remove planted trees, shrubs or plantings protected under this chapter without first procuring authorization from the City Arborist. The person who obtains such authorization shall bear the cost of removal.
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. 380-8. Protection of trees.
A. Any tree protected by the terms of this chapter (hereafter "protected tree") which is near any excavation or construction of any building, structure, or street work shall, if feasible, have its critical root zone protected with an effective fence, frame, shield, or box not less than three feet high, and all building material, dirt or other debris shall be kept outside this barrier.
B. No person, including public utility companies and City departments, shall excavate any ditches, tunnels, or trenches or lay any line within the critical root zone of any protected tree without notification of and discussion with the City Arborist. In the event of a disagreement between the public utilities, City departments and the City Arborist, the decision regarding the location of excavation will be made by the City Manager.
C. Any person performing emergency work to restore, but not increase beyond the original capacity of, underground utilities, and within the same trench as existing utilities, shall be exempt from this notification, provided that the City Arborist is notified as soon as practical should excavation necessitate severing roots in excess of three inches in diameter.
D. All trees on public areas shall, to the degree practical, be pruned or trimmed in accordance with the standards described in the American National Standards Institute's A300 Pruning Standard. This applies to all public utility companies and City departments involved in maintenance of easements.
Sec. 380-9. Damage prohibited.
A. Unless specifically authorized by the City Arborist, or by the City Manager as detailed in ? 380-8B, no person shall intentionally damage, cut, carve, disturb, transplant or remove any protected tree; allow any gas, liquid or solid substance which is harmful to such trees to come in contact with them; set fire to or allow the heat thereof to injure any portion of any such tree; or change the natural grade of the critical root zone of such trees either by excavating or filling. Any person violating the provisions of this subsection shall be guilty of an unclassed misdemeanor punishable with a fine of up to $500 and, in addition thereto, shall be responsible for the cost of repair or replacement of any such tree so damaged.
B. It shall be unlawful as a normal practice to top any protected tree. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy, disfigure the tree, and create a public hazard. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this subsection as determined by the City Arborist.
Luray Town Code View whole ordinance
Chapter 58 OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE I. IN GENERAL
Sec. 58-15. Destruction of property.
(a) If any person unlawfully destroys, defaces, damages or removes without the intent to steal any property, real or personal, not his own, or breaks down, destroys, defaces, damages or removes without the intent to steal, any monument or memorial for war veterans, any monument erected for the purpose of marking the site of any engagement fought during the War between the States, or for the purpose of designating the boundaries of the town or any tract of land, or any tree marked for that purpose, he shall be guilty of a Class 3 misdemeanor; provided that the court may, in its discretion, dismiss the charge if the town or other organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury.
(b) If any person intentionally causes such injury, he shall be guilty of a Class 1 misdemeanor if the value of or damage to the property, memorial or monument is less than $1,000.00. The amount of loss caused by the destruction, defacing, damage or removal of such property, memorial or monument may be established by proof of the fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution.
(Ord. of 12-8-2008(2), ?? 1, 2)
Luray Town Code View whole ordinance
Chapter 74 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE I. IN GENERAL
Sec. 74-15. - Cutting trees on street or alley.
(a) No person shall cut, trim or remove any tree, shrub, bush or other growth, or any part thereof, in, on, or upon any public street, avenue, park, ridge, sidewalk, building, structure, fence, alleyway, easement, or right of way, or any other public places or public property, without authorization of the town manager, or their designee.
(b) Any person who violates this section shall be guilty of a Class 3 Misdemeanor.
(Code 1965, ? 24-15; Code 1981, ? 16-16; Ord. of 5-27-2014, ? 1)
Luray Town Code View whole ordinance
Chapter 74 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE I. IN GENERAL
Sec. 74-9. Clearance for awnings, fire escapes, signs, tree limbs, etc., over streets, sidewalks, alleyways, rights of way, etc.
(a) Pursuant to the Code of Virginia, 1950, ? 15.2-2010, as amended, it shall be unlawful for any person to place or allow to remain over any public street, avenue, park, ridge, sidewalk, building, structure, fence, alleyway, easement, or right of way, or any other public places or public property, any awnings, fire escapes, shutters, signs, cornices, gutters, downspouts, bay windows and other appendages to buildings or property, unless the same be at least 14 feet above the street, or nine feet above such other public places or public property, and with authorization of the town manager, or their designee. The town manager, or their designee, may remove the thing whenever such person, after the expiration of five days next following receipt of notice, has failed to do so. The cost of any removal shall be chargeable to such person and shall be added to their tax bill.
(b) It shall be unlawful for any person to place or allow to remain over any public street, avenue, park, ridge, sidewalk, building, structure, fence, alleyway, easement, or right of way, or any other public places or public property, any tree, shrub, bush or other growth, or any part thereof, unless the same be at least 14 feet above the street, or nine feet above such other public places or property. The town may remove the tree, shrub, bush or other growth, or any part thereof, whenever such person, after the expiration of five days next following receipt of notice, has failed to do so. The cost of any removal shall be chargeable to such person and shall be added to their tax bill.
? For the purpose of this section, the term "sidewalk" shall mean not only any sidewalk on the property of the town, but also the property of any person which is adjacent thereto, not more than three feet therefrom, and not enclosed.
(d) Any person who violates this section as the owner or occupant of the subject property shall be guilty of a Class 4 Misdemeanor.
(Code 1965, ?? 24-22, 24-23; Code 1981, ? 16-10; Ord. No. 2005-11-08, ? 1, 11-14-2005; Ord. of 5-27-2014, ? 1)
State Law reference? Authority of town to permit signs, etc., to overhang street, etc., Code of Virginia, ? 15.2-2010.
Lynchburg City Code View whole ordinance
Chapter 28 PARKS, PUBLIC PLACES
ARTICLE II. CEMETERIES
Sec. 28-21. Disturbing graves, injuring trees, etc.
Any person who shall disturb any grave, injure, deface or remove any tombstone, wall or fence within the limits of any cemetery, or break, cut or destroy any trees, bushes, flowers or other shrubbery within such limits, without the consent of the owner of the enclosure or square within which the same may be growing, or commit any nuisance, or do any other unlawful, indecent or improper act within such limits, shall be deemed guilty of a class 2 misdemeanor.
(Code 1959, ? 23-19)
Lynchburg City Code View whole ordinance
Chapter 38 TREES AND VEGETATION
ARTICLE I. IN GENERAL
Sec. 38-4. Abuse, mutilation, or damage to public trees.
Unless specifically authorized by the urban forester, no person shall intentionally damage, cut, carve, transplant or remove any tree on public property; nor attach any rope, wire, nails, advertising posters or other contrivance to any public tree; nor allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with them; nor set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor and, in addition thereto, shall be responsible for the cost of repair, or removal and replacement of any public tree so damaged. The owner of any vehicle which accidentally damages a tree(s) on public property shall be responsible for the cost of repair or removal, and the cost of a replacement tree(s) on public property.
(Code 1959, ? 23.1-4; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)
Sec. 38-5. Protection of trees.
(a) All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work, shall be guarded with a good substantial fence, frame or box not less than four feet high and eight feet square, or at a distance in feet from the tree equal to the diameter of the trunk in inches dbh, whichever is greater, and all building material, dirt or other debris shall be kept outside the barrier.
(b) No person shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of ten feet from any public tree without first obtaining a written permit from the urban forester.
? The public works department shall notify the urban forester in advance of any applications for new curb, gutter, sidewalks, or driveway installations, or other improvements which might require the removal of or cause injury to any street tree, or its root system, or interfere with the fulfillment of the street tree plan.
(Code 1959, ? 23.1-5; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)
Lynchburg City Code View whole ordinance
Chapter 38 TREES AND VEGETATION
ARTICLE III. PERMITS
Sec. 38-38. Required.
No person shall plant, spray, fertilize, preserve, prune, remove, cut above ground, or otherwise disturb any tree on any street or city owned property without first filing an application and procuring a permit from the urban forester. The person receiving the permit shall abide by the arboricultural specifications and standards of practice adopted by this chapter.
(Code 1959, ? 23.1-14; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)
Manassas City Code View whole ordinance
Chapter 122 VEGETATION
ARTICLE II. TREE CONSERVATION
DIVISION 3. PROTECTION AND NUISANCE ABATEMENT
Sec. 122-71. Marking, pruning, damaging or killing trees belonging to another; posting signs, etc.
(a) It shall be unlawful and a Class 1 misdemeanor for any person intentionally to mark, prune, damage or kill a tree, not his own, or to affix a sign or other object to a tree without the consent of the owner. This subsection shall not apply to a property owner who, personally or through an agent, trims or prunes trees which extend from a neighbor's property into his own.
(b) Posting a sign or other object on a tree belonging to the city is prohibited by section 6-1 of this Code.
(Ord. No. O-2002-07, ? 1(31.1-6), 11-15-2001)
Manassas City Code View whole ordinance
Chapter 130 ZONING
ARTICLE VIII. ZONING DISTRICTS
DIVISION 3. NON-RESIDENTIAL AND MIXED USE DISTRICTS
Sec. 130-304. B-3.5 city center planned.
?
(g) Tree canopy. See Article VII of this chapter.
?
(p) Design guidelines. Design guidelines shall be submitted with any request for a rezoning or special use permit. The following elements shall be contained in the design guidelines in both narrative and graphic form unless waived by the city. Once adopted through approved proffers or conditions, development shall proceed only in accordance with the design guidelines:
?
(5) Landscaping:
a. Landscaping within building and structure setback areas and internal gardens used to meet the requirements of section 130-304(f) and section 130-304(h) are to be included.
b. On-site specimen trees are to be identified and their preservation incorporated into the overall design of the project. Any specimen tree thus preserved shall have an easement placed on it in accordance with section 122-52 of the City Code for tree preservation purposes. Maintenance by the property owner shall be properly identified within the design guidelines.
?
?
?
(Ord. No. O-2015-15, ? 1, 5-11-2015)
Manassas City Code View whole ordinance
Chapter 130 ZONING
ARTICLE XI. TEXT AMENDMENTS, REZONING AND PUBLIC HEARING REQUIREMENTS
Sec. 130-693. Generalized development plans (GDP).
Generalized development plans (GDP), as required by section 130-692(5), shall include the following:
(4) A landscape plan indicating the general location and type of significant or specimen trees located within the limits of the planned development area.
(Code 1978, ? 34.1-183; Ord. No. O-2002-22, ? 34.1-183, 2-11-2002)
State Law reference? Plan of development, Code of Virginia, ? 15.2-2286(A)(8).
Manassas City Code View whole ordinance
Chapter 34 CEMETERIES
Sec. 34-14. Cutting or removal of trees.
Before any tree shall be cut or removed in the cemetery, a permit for cutting and removing of the tree shall be first obtained from the caretaker of the cemetery. Such tree shall be cut and removed under the supervision of such caretaker and at the expense of the person desiring such removal. Any person who violates any provision of this section shall be guilty of a Class 1 misdemeanor.
(Code 1978, ? 7-29)
Cross reference? Vegetation, ch. 122.
State Law reference? Digging up, cutting, etc., trees found growing or being upon the land of another, Code of Virginia, ? 18.2-140.
Manassas City Code View whole ordinance
Chapter 70 HEALTH AND SANITATION
ARTICLE III. OFFENSES AGAINST PROPERTY
Sec. 78-70. Damaging church, church property, cemetery or burial grounds.
Any person who willfully or maliciously commits any of the following acts is guilty of a Class 1 misdemeanor:
(1) Destroys, removes, cuts, breaks, or injures any tree, shrub, or plant on any church property or within any cemetery or lot of any memorial or monumental association;
?
(Code 1978, ? 7-30)
State Law reference? Injuries to cemeteries, places of burial, etc., Code of Virginia, ? 18.2-127.
Manassas City Code View whole ordinance
Chapter 70 HEALTH AND SANITATION
ARTICLE III. OFFENSES AGAINST PROPERTY
Sec. 78-73. Damaging property generally; damaging monuments.
(a) If any person unlawfully destroys, defaces, damages or removes without the intent to steal any property, real or personal, not his own, or breaks down, destroys, defaces, damages or removes without the intent to steal any monument or memorial for war veterans described in Code of Virginia, ? 15.2-1812, any monument erected for the purpose of marking the site of any engagement fought during the War Between the States, or for the purpose of designating the boundaries of any city, town, tract of land, or any tree marked for that purpose, he shall be guilty of a Class 3 misdemeanor; provided that the court may, in its discretion, dismiss the charge if the locality or organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury.
(b) If any person intentionally causes such injury, he shall be guilty of a Class 1 misdemeanor if the value of or damage to the property or monument is less than $1,000.00. The amount of loss caused by the destruction, defacing, damage or removal of such property or monument may be established by proof of the fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution.
(Code 1978, ? 21-32; Ord. No. O-2002-07, ? 2, 11-15-2001)
State Law reference? Similar provisions, Code of Virginia, ? 18.2-137.
Martinsville City Code View whole ordinance
Chapter 13 OFFENSES?MISCELLANEOUS
Sec. 13-29. Damaging or defacing property in or on streets, lanes or public squares.
Every person who shall maliciously, wantonly or carelessly mark with chalk or daub with paint, cut, break or otherwise injure or deface any fence, wall, post, lamppost, lamp or lantern, utility pole, tree, tree box, show window, house or other building or sidewalk in or upon any of the streets, lanes or public squares of the city shall be guilty of a Class 1 misdemeanor.
Cross reference? Penalty for Class 1 misdemeanor, ? 1-11; permit to cut, trim, etc., street trees, ? 19-10.
Martinsville City Code View whole ordinance
Chapter 19 STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 19-10. Trees on streets or sidewalks.
(a) Shade trees may be planted along a sidewalk pursuant to a permit issued by the director of public works and at such points as he shall designate, but no cottonwood, poplars and silver maples shall be planted along any sidewalk within the city.
(b) No person shall cut, trim, deface or injure in any manner or remove any tree on the streets, sidewalks or other public property in the city, unless permission in writing is obtained from the director of public works. Upon such permission being granted, the cutting, trimming or removal shall be done in accordance with such regulations and instructions as may be given by the director of public works. The person obtaining such a permit shall pay to the city the actual cost of the city representative in supervising the cutting, trimming or removal of the tree.
(Code 1971, ? 15-8)
Cross reference? Damaging street trees generally, ? 19-29.
Martinsville City Code View whole ordinance
Chapter 21.5 TREES
Sec. 21.5-10. Public tree care.
The city shall have the right to plant, prune, maintain and remove trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public property, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of public property.
The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to public property, public buildings, sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners provided that the selection and location of said trees is in accordance with this chapter.
(Ord. No. 2004-20, ? X, 1-25-2005)
Martinsville ZONING ORDINANCE View whole ordinance
APPENDIX B ZONING ORDINANCE
SECTION XII: COMMERCIAL DISTRICTS
C. Uses permitted by special use permit in the C-1 District.
?
6. Adult bookstore, subject to following conditions:
?
f. The preservation of cultural and historical landmarks and trees;
?
?
(Amend. Of 4-24-2012)
G. Uses permitted by special use permit in the C-1A District.
?
6. Adult bookstore, subject to following conditions:
?
f. The preservation of cultural and historical landmarks and trees;
?
?
(Amend. Of 4-24-2012)
O. Uses permitted by special use permit in the C-3 District.
?
6. Adult bookstore, subject to following conditions:
?
f. The preservation of cultural and historical landmarks and trees;
?
?
(Amend. Of 4-24-2012)
SECTION XIII: BUSINESS AND MANUFACTURING DISTRICTS
G. Uses permitted by special use permit in the M-1 District.
?
6. Adult bookstore, subject to following conditions:
?
f. The preservation of cultural and historical landmarks and trees;
?
?
(Amend. Of 4-24-2012)
Martinsville ZONING ORDINANCE View whole ordinance
APPENDIX B ZONING ORDINANCE
SECTION XIV: LANDSCAPING STANDARDS
A. Purpose and goals.
The purpose shall be to provide landscaping and buffering guidelines for developers and builders to follow in the design, installation, and maintenance of proposed high density residential, commercial and industrial development projects.
The goal shall be to promote quality landscaping design throughout the city while integrating various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character.
Landscaping may include plant materials such as trees, shrubs, ground covers, perennials, and annuals, and other materials such as rocks, water, sculpture, art, walls, fences, paving materials, and street furniture.
B. Applicability and exemptions.
1. Applicability: These requirements shall apply to:
a. New principal building or use. Principal buildings or open spaces of land constructed, reconstructed, or established after the adoption of this ordinance.
b. Changes in use which result in higher intensity use that may be deemed incompatible with abutting property or properties.
c. Expansions. All expansions of buildings, parking areas, or open uses of land, except the first five hundred (500) square feet of expansion.
2. Exemptions: These requirements shall not apply to:
a. Existing and proposed single-family detached dwellings or two-family dwellings on their own lots.
b. Property lines abutting railroad rights-of-way and utility easements in excess of sixty (60) feet in width.
c. Property lines abutting dedicated street right-of-way which has remained open for a period of at least fifteen (15) years.
C. Landscape plan.
A landscape plan shall be submitted with each site plan application, unless the zoning administrator determines the project is of a minor nature or would cause minimum impact on surrounding private or public facilities. The administrator may waive any or all of the landscape plan requirements.
The plan shall identify:
1. Existing and proposed trees.
2. Shrubs and ground covers.
3. Natural features such as rock outcroppings.
4. Landscaping elements.
5. Location of proposed plantings.
6. Construction details.
7. Where existing plantings are to be retained
8. Proposed methods of protecting existing plantings during construction.
D. Site protection and general planting requirements.
1. Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all re-graded surfaces so as to provide at least four (4) inches of even cover to all disturbed areas of the development and shall be stabilized by seeding and planting.
2. Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site within thirty (30) days of notification by the zoning administrator and disposed of in accordance with the law. No tree stumps, or portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site within thirty (30) days of notification by the zoning administrator. If trees or limbs are reduced to chips, they may be used as mulch in landscaped areas, subject to approval by the administrator.
3. Protection of existing plantings. Maximum effort should be made to save fine specimens. No material or temporary soil deposits shall be placed within four (4) feet of shrubs or ten (10) feet of trees designated on the landscape plan to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self supporting. They shall be a minimum of four (4) feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
4. Slope plantings. Landscaping of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three (3) feet horizontally shall be planted with ground cover appropriate for the purpose and the soil conditions, water availability and environment.
5. Additional landscaping. In high density residential developments, besides the screening and street trees required, additional plantings or landscaping elements may be required where necessary for privacy, or other reasons in accordance with the landscape plan approved by the planning commission and taking into consideration cost restraints. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs, and trees as part of the landscape plan approved by the planning commission.
6. Planting specifications. Deciduous trees shall have at least a two-inch caliper at planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery grown plant materials shall be acceptable, and all trees, shrubs, and ground covers shall be planted according to accepted horticultural standards. Dead and dying plants shall be removed from the site within thirty (30) days of notification by the zoning administrator and shall be replaced by the developer during the following planting season.
7. Plant species. The plant species selected should be hardy for this climactic zone and growing season and appropriate in terms of function and size.
E. Shade trees.
1. Location. Shade trees shall be installed in accordance with the approved landscape plan. Trees shall be either massed or spaced evenly as design and/or topographic considerations may determine.
When trees are planted at predetermined intervals along streets, spacing shall depend on tree size, as follows.
When the spacing interval exceeds forty (40) feet, small ornamental trees can be placed between the larger trees. If a street canopy effect is desired, trees may be planted closer together following the recommendations of a landscape professional. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements, or street lights. Tree location, landscaping design, and spacing plan shall be approved by the planning commission as part of the landscape plan.
2. Tree type. Tree type may vary depending on overall effect desired, but as a general rule, all trees on a street shall be the same kind except to achieve special effects. Selection of tree type shall be approved by the planning commission.
3. Planting specifications. All trees shall have a caliper of two (2) inches and be nursery grown, of substantially uniform size and shape, and have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until they are established. Dead and dying trees shall be removed from the site within thirty (30) days of notification by the zoning administrator and shall be replaced by the applicant during the next planting season.
F. Buffering.
1. Function and materials. Buffering shall provide a year round visual screen in order to minimize adverse impacts. It may consist of fencing, evergreens, berms, rocks, boulders, mounds, or combinations thereof to achieve the same objectives.
2. When required. Every development shall provide sufficient buffering when topographical or other barriers do not provide reasonable screening and when the planning commission determines that there is a need (1) to shield neighboring properties from any adverse external effects of a development; or (2) to shield the development from negative impacts of adjacent uses such as streets or railroads. In high density residential developments, when building design and siting do not provide privacy, the planning commission may require landscaping, fences, or walls to screen dwelling units for privacy. Buffers shall be measured from side and rear property lines, excluding driveways.
3. Amount required.
a. Where a professional or business zoned development abuts a residential zoning district, a natural buffer strip twenty-five (25) feet in width shall be required. Where site considerations do not allow a natural buffer of twenty-five (25) feet width, a solid privacy fence or wall may be substituted for all or a portion of that buffer, as determined by the zoning administrator.
b. Where a commercial zoned development abuts a residential zoning district, a natural buffer strip of fifty (50) feet in width shall be required. Where site considerations do not allow a natural buffer of fifty (50) feet width, a solid privacy fence or wall and twenty-five (25) feet natural buffer strip may substitute.
c. Where an industrial zoned development abuts a residential zoning district, a natural buffer strip of one hundred (100) feet in width shall be required. Where site considerations do not allow a natural buffer of one hundred (100) feet width, a solid privacy fence or wall and fifty (50) feet natural buffer strip may substitute.
d. Parking lots, garbage collection and utility areas, and loading and unloading areas shall be screened around their perimeters by a buffer strip a minimum of five (5) feet width or privacy fence or wall, as determined by the zoning administrator.
e. Where residential subdivisions abut higher order streets (collectors or arterials), adjacent lots shall front on lower order streets, and a landscaped buffer area shall be provided along the property line abutting the road. The buffer strip shall be a minimum of twenty-five (25) feet wide or wider where necessary for the health and safety of the residents. It shall include both trees and shrubs.
4. Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine, and broken rows. If planted berms are used, the minimum top width shall be four (4) feet, and the maximum side slope shall be 2:1.
5. Planting specifications. Plant materials should be sufficiently large and planted in such a fashion that a year-round screen at least eight (8) feet in height shall be produced within one growing season. All plantings shall be installed according to accepted horticultural standards.
6. Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead and dying plants shall be removed within thirty (30) days of notification by the zoning administrator and shall be replaced by the property owner during the next planting season. No buildings, structures, storage of materials, or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass.
G. Parking lot standards.
1. Amount. In parking lots the interior parking area shall be landscaped with plantings of one tree for each ten (10) parking spaces. Parking lot street frontage screening and perimeter screening shall be a minimum of five (5) feet wide. Planting required within the parking is exclusive of other planting requirements, such as shade trees planted along the street.
2. Location. The landscaping should be located in protected areas, such as along walkways, in center islands, at the end of bays, or between parking stalls. All landscaping in parking areas and on street frontage shall be placed so that it will not obstruct sight distance.
3. Plant type. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted. The evergreens should be used along the perimeter of the lot for screening, and the deciduous trees for shade within the lot. The area between the trees shall be mulched, planted with shrubs or ground cover, or covered with paving materials. Any area that will extend under the overhang of vehicles shall be mulched or covered with paving material.
K. General requirements and minimum standards.
1. All required landscaping shall be installed prior to the issuance of a permanent certificate of occupancy.
2. There shall be a minimum street frontage planting strip of five (5) feet in width across the entire lot frontage. This may be a combination of scrubs, trees, grass, and varied landscaping elements. There shall be a minimum of one medium sized shade tree required per each forty (40) feet of lot frontage. All shade trees shall be a minimum of two-inch caliper at time of planting.
3. Existing trees preserved on the site may be used to satisfy the requirements for landscaping. Any tree used to meet the requirements of this ordinance must be at least three (3) inch caliper, in healthy condition, and be protected from construction activity.
4. The owner of the property upon which the required landscaping or buffering is installed shall be responsible for perpetual maintenance and replacement. If any required tree, shrub, or other landscaping element shall die or be removed after issuance of the certificate of occupancy, the developer, his or her successors or assigns, shall replace each by the end of the next planting season with trees or shrubs of like character.
5. Species of trees shall not be planted if the roots cause damage to public works, the branches are subject to high incidence of breakage, and the fruit is considered a nuisance or high maintenance as determined by the director of public works.
6. Landscaping shall not obstruct the view of motorists using any street, private driveway, parking isles, or the approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public safety. Whenever the enforcement of the provisions of this ordinance may be deemed a traffic hazard, the zoning administrator may waive any or all requirements.
L. Suggested trees and shrubs.
1. Street and shade trees: Green Ash, Red Maple, Norway Maple, Sugar Maple, Red Oak, Willow Oak, Japanese Pagoda Tree, Silver Linden, Zelkova, Yellowwood, Bald Cypress.
2. Ornamental or flowering trees: Amur Maple, Dogwood (Kousa), Washington Hawthorn, Plum, Serviceberry, Redbud, Callery Pear, Crepe Myrtle, Gingko Tree, Crab Apple.
3. Evergreen or flowering shrubs: English Yew, Japanese Yew, Azalea, Chinese Holly, Rhododendren, Abelia, Cotoneaster, Forsythia, Viburnum, Winged Euonymus, Flowering Quince, Shadbow.
4. Buffering/screening: Austrian Pine, Norway Spruce, American Holly, Arborvitae, Foster Holly, White Pine.
Middleburg ZONING ORDINANCE View whole ordinance
MIDDLEBURG SUBDIVISION ORDINANCE
ARTICLE 4 Subdivisions and Construction Plans
4.2.4 Preliminary Plat Submission Requirements
?
B. All preliminary plats shall contain the following information:
?
(22) Delineation of existing tree cover and plans for tree protection. All trees with a diameter at breast height (dbh) of 18 inches or greater shall be specifically identified on the plat.
?
ARTICLE 5 Site Plans
5.3.5 Site Plan Submission Requirements
?
B. The site plan shall be clearly and legibly drawn on numbered sheets 24 by 36 inches in size and shall include:
?
(20) Location of existing tree cover and plans for tree protection. All trees with a diameter breast height (dbh) of 18 inches or greater shall be specifically identified on the plan.
Middleburg ZONING ORDINANCE View whole ordinance
MIDDLEBURG SUBDIVISION ORDINANCE
ARTICLE 7 Required Improvements
7.6 Landscaping Requirements
7.6.1 Existing tree cover within the proposed subdivision or development shall be retained in accordance with the Middleburg or Loudoun County Zoning Ordinance, as applicable, and taken fully into account in the design of the subdivision lots, street layout and development in accordance with the Middleburg or Loudoun County Zoning Ordinance, as applicable. Plans shall indicate how existing trees are to be protected and how soil aeration, drainage and moisture are to be preserved.
7.6.2 Street trees and other plant material may be planted within public rights?of?way in accordance with plans approved by the administrator to meet the required specifications for landscaping in the Middleburg or Loudoun County zoning ordinance, as applicable. Required specifications for landscaping, street trees and street tree plantings shall designate the number, location, size, variety and condition of trees and other plant materials to be planted, as well as the planting methods. The specifications shall take into account the relative hardiness, shape, root?growth pattern, and undesirable features of plant materials and shall provide restrictions on plantings in locations likely to damage underground or aerial utility facilities, restrict motorists' or pedestrians' sight distances, conflict with driveways, sidewalks, bikeways or streets, or damage streets, sidewalks, storm sewers, sanitary sewers, curb and gutter and other required facilities. (Amended 1/21/99)
7.6.3 All cut and fill slopes shall be landscaped, either seeded and stabilized, or sodded with grass or plants suitable for such slopes, in accordance with the latest edition of the Virginia Erosion and Sediment Control Handbook.
Middleburg ZONING ORDINANCE View whole ordinance
MIDDLEBURG ZONING ORDINANCE
ARTICLE XV. BUFFERING, SCREENING AND TREES
Part II. Trees
Section 214: Preservation of Trees
(a) Every development shall retain all existing, healthy trees at least 18 inches or more in diameter measured at three feet above the ground unless such retention would unreasonably burden the development.
(b) No excavation, embankment, or other subsurface disturbance shall be undertaken within an area equal to one foot of horizontal distance for every inch of diameter of any tree 18 inches in diameter or greater and no impervious surface may be located within 12.5 feet of any such tree unless compliance with this section would unreasonably burden the development.
(c) A development is unreasonably burdened if the proposed activities on a lot would have to be substantially altered to accomplish such retention and such alteration would result in an unreasonable hardship on the developer as determined by the council.
(d) If the preservation of trees required in subsections (a) and (b) above results in the elimination of space that would otherwise be devoted to parking and, as a result, the parking requirements of Section 222 cannot be met, the number of parking spaces required may be reduced by the number of spaces "lost", up to a maximum of 15 percent of the required parking spaces.
Newport News City Code View whole ordinance
Chapter 29 PARKS, SQUARES AND RECREATIONAL FACILITIES
ARTICLE I. IN GENERAL
Sec. 29-42. Climbing, or attaching swing or hammock to trees.
No person shall climb a tree, nor attach a swing, hammock or other object to any tree, shrub, landscape planting or other vegetation located on city property.
(Ord. No. 172, ? 15; Code 1961, ? 26-20; Ord. No. 2909-82; Ord. No. 6977-13, ? 1)
Editor's note? Formerly, ? 29-40.
Newport News City Code View whole ordinance
Chapter 33.02 SITE REGULATIONS
ARTICLE I. IN GENERAL
Sec. 33.02-8. Land-disturbing permit required.
A person shall not cut down, destroy, remove, move or otherwise damage trees on vacant, developed or undeveloped property in such a manner as to change existing contours of the land until a site plan and/or erosion control plan has been approved and a land-disturbing permit has been issued in accordance with the provisions of this chapter or Chapter 35, "Soil Removal and Other Land-Disturbing Activities" of this Code.
(Ord. No. 4952-96; Ord. No. 5030-97)
Newport News City Code View whole ordinance
Chapter 33.02 SITE REGULATIONS
ARTICLE II. SITE PLAN FORM AND CONTENT
Sec. 33.02-31. Content of Class 1 site plans.
Class 1 site plans shall contain information necessary to satisfy the requirements of this chapter. The information to be supplied includes but is not limited to the following:
?
(12) A lighting and landscaping plan showing proposed lighting facilities and landscaping features, such as the number, location, size and species of landscaping materials and details of irrigation systems and plant protection. A note shall be included on the plan reciting the requirements of section 33.02-51 for protecting trees to be preserved on the site.
(13) The location, type, detail, dimension, elevation, size, and/or number of the following existing and proposed items:
?
j. The limits of clearing, including the driplines of trees to be preserved on the site.
M. Chesapeake Bay Preservation areas.
?
v. Areas that are designed as required transitional area and/or landscaping and green area required and provided, including the number and location of trees and shrubs required and provided on-site to meet the provisions of this chapter.
?
(Ord. No. 4952-96; Ord. No. 5030-97; Ord. No. 5725-02)
Sec. 33.02-32. Same?Class 2 site plans.
Class 2 site plans shall contain sufficient information to facilitate an engineering review so that the director can determine whether the plan may be accepted for review rather than requiring that the proposed development activity be handled through the review process for Class 1 site plans. Information required to be indicated on a Class 2 site plan includes but is not limited to the following:
?
(7) As appropriate for the site under consideration, the location, type, dimension, elevation, size and/or number of the following existing and proposed items:
?
c. The limits of clearing, including the driplines of trees to be preserved on the site.
D. Methods of collecting, retaining, directing or disposing of stormwater, including appropriate drainage calculations.
E. Chesapeake Bay Preservation areas.
F. Site impervious area calculations.
G. Areas where special regulations apply to properties on or adjacent to airports.
H. Areas of all required transitional area and landscaping and green area required and provided, including the number of trees and shrubs required and provided on the site to meet the provisions of this chapter.
?
(Ord. No. 4952-96; Ord. No. 5030-97)
Newport News City Code View whole ordinance
Chapter 37.1 STORMWATER MANAGEMENT
ARTICLE IV. STORMWATER CONTROL REGULATION
Sec. 37.1-33. General criteria.
?
(k) Indigenous vegetation shall be preserved to the maximum extent possible consistent with the use and development permitted and in accordance with the Virginia Erosion and Sediment Control Handbook, as adopted in Chapter 37.1, Article VI, of the Newport News City Code.
(1) Existing trees more than five (5) inches in diameter four and one-half (4.5) feet above existing grade shall be preserved outside the limits of land disturbance. Trees that are diseased or that have been weakened by age, storm, fire or other injury may be removed.
(2) Clearing shall be allowed only to provide necessary visual and vehicular access, positive site drainage, water quality stormwater management control facilities, 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.
(l) Land development shall minimize impervious cover to promote infiltration of stormwater into the ground consistent with the use or development permitted.
(Ord. No. 7017-13, ? 1; Ord. No. 7088-14, ? 1)
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.
?
(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.
?
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.
?
(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.
?
(Ord. No. 7017-13, ? 1; Ord. No. 7088-14, ? 1)
Newport News City Code View whole ordinance
Chapter 37.1 STORMWATER MANAGEMENT
ARTICLE V. CHESAPEAKE BAY PRESERVATION
Sec. 37.1-52. Plan of development.
(a) Required information. In addition to the requirements of Chapter 33.02, Site Plan Ordinance, or the requirements of Appendix B, Subdivision Ordinance, of the City Code, all development in the Chesapeake Bay Preservation Areas shall follow the plan of development process consisting of the additional plans and studies identified below. These required plans and studies may be coordinated or combined, as deemed appropriate by the city manager, or designee. The city manager, or designee, may determine that some of the following information is unnecessary due to the scope and nature of the proposed development.
The following plans or studies shall be submitted to the city manager, or designee, unless otherwise noted in each subsection:
?
(2) A landscaping/tree preservation plan;
?
?
(c) Landscaping and tree preservation plan. A landscaping/tree preservation plan shall be submitted in conjunction with site plan approval or as part of subdivision plat approval. No clearing or grading of any lot or parcel shall be permitted without an approved landscaping/tree preservation plan. No landscaping/tree preservation plan shall be required in connection with development in Industrial Waterfront IDAs.
Landscaping/tree preservation plans shall be prepared and certified by design professionals practicing within their areas of competence as prescribed by the Code of Virginia.
(1) Contents of the plan.
a. The landscaping plan shall be drawn to scale and clearly delineate the location, size and description of existing and proposed plant material. All existing trees on the site five (5) inches or greater DBH shall be shown on the landscaping plan. Where there are groups of five (5) or more trees, stands may be outlined instead. The specific number of trees be preserved outside of the limits of clearing shall be indicated on the plan. Dead, diseased and dying trees to be removed shall be clearly delineated on the landscaping plan. The plan shall be consistent with Chapter 33.02 of the City Code, Site Plan Ordinance.
b. Any required buffer area shall be clearly delineated and any plant material to be added to establish or supplement the buffer area, as required by this article, shall be shown on the landscaping plan.
c. Within the buffer area, trees to be removed for sight lines, vistas, vehicular access, paths, and shoreline erosion control, as provided for in this article shall be shown on the plan. Vegetation required to replace any existing trees within the buffer area shall be also shown on the landscaping plan.
d. Trees to be removed for shoreline stabilization projects and any replacement vegetation required shall be shown on the landscaping plan.
e. The plan shall depict grade changes or other work adjacent to trees which would affect them adversely. Specifications shall be provided as to how grade, drainage, and aeration would be maintained around trees to be preserved.
f. The landscaping plan will include specifications for the protection of existing trees during clearing, grading, and all phases of construction, consistent with such measures as described in Article IV of Chapter 37.1 and Chapter 33.02, Site Plan Ordinance of the City Code.
(2) Plant specifications.
a. All plant materials necessary to supplement the buffer area or vegetated areas outside the disturbed land area shall be installed in accordance with the specifications referred to in Chapter 33.02, Site Plan Ordinance of the City Code.
b. All supplementary or replacement plant materials shall be living and in a healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard for Nursery Stock, published by the American Association of Nurserymen.
c. When existing trees and other vegetation to be preserved, as designated on an approved landscaping plan, are encroached upon, they shall be replaced. Replacement trees shall be planted at a ratio of three (3) to one (1), at the time of planting.
?
(Ord. No. 7017-13, ? 1; Ord. No. 7088-14, ? 1)
Newport News City Code View whole ordinance
Chapter 37.1 STORMWATER MANAGEMENT
ARTICLE VII. SOIL REMOVAL AND OTHER LAND DISTURBING ACTIVITIES
Sec. 37.1-85. Preparation of plan.
?
(c) All areas of vegetation, including ground cover, trees, shrubs, grass and other plants, to be retained in accordance with chapter 33.02, Site Regulations of this Code, shall be marked in the field prior to clearing taking place. One temporary point of access no greater than twenty-five (25) feet in width shall be allowed for site clearance.
?
(e) Indigenous vegetation shall be preserved to the maximum extent possible consistent with the use and development permitted and in accordance with the Virginia Erosion and Sediment Control Handbook.
(1) Existing trees more than five (5) inches in diameter four and one-half (4.5) feet above existing grade shall be preserved outside the limits of land disturbance. Trees that are diseased or that have been weakened by age, storm, fire or other injury may be removed.
(2) Clearing shall be allowed only to provide necessary visual and vehicular access, positive site drainage, water quality stormwater management control facilities, 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.
Editor's note? Ord. No. 7017-13, ? 1, adopted November 26, 2013, shall be in effect on and after July 1, 2014.
Newport News City Code View whole ordinance
Chapter 38 STREETS AND SIDEWALKS
ARTICLE II. WORK ON, OVER, UNDER OR AFFECTING STREETS
DIVISION 2. PERMIT GENERALLY
Sec. 38-47. General requirements and exceptions.
Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection with the erection, construction, removal, relocation or maintenance of any surface, overhead or underground installation, or to cut, trim or spray trees, or to place construction signs or materials if such work, cutting, trimming, spraying or placing is on, under, over or in any way affects the surface or subsurface of any street, lane, alley, right-of-way or easement in the city without first having obtained a permit therefor from the director of engineering or the director's authorized representative; nor shall such work be performed after such permit shall have been revoked by the director of engineering or the director's authorized representative, or by the terms of the permit.
?
(Ord. No. 62, ? 2; Code 1961, ? 36-28; Ord. No. 3051-83; Ord. No. 3111-83, ? 1; Ord. No. 3134-84)
Sec. 38-49. Application.
(a) Application for a permit required by this division shall be filed in the office of the director of engineering on forms supplied by the city. Such application shall show all required information and be signed by the applicant or the applicant's authorized agent. Such application shall include a description of the work to be done and a sketch showing such work, if required by the director of engineering.
(b) Sketches filed with an application under this section shall show the following:
?
(5) Any tree which is to be removed.
?
(Ord. No. 62, ?? 4, 5, 15, 20; Code 1961, ?? 36-29?36-32; Ord. No. 3051-83; Ord. No. 3111-83, ? 1)
Sec. 38-55. Issuance for cutting, trimming or spraying trees.
The director of engineering may issue a permit under this division for the cutting, trimming or spraying of trees on a street only when such work is fully justified in the public interest. Such work shall be done only in a manner prescribed in the permit so issued.
(Ord. No. 62, ? 24; Code 1961, ? 36-52; Ord. No. 3051-83; Ord. No. 3111-83, ? 1)
Sec. 38-59. Contents of permits.
Permits issued under this division shall specify the manner and the conditions under which the permitted work shall be done. Unless otherwise specified in the permit, every permit issued shall be deemed to include the following provisions:
?
(7) No tree roots shall be cut to the extent of rendering the tree unsafe and, if possible, tunneling through or under roots instead of cutting anchor roots shall be followed.
?
(Ord. No. 62, ?? 9, 21; Code 1961, ?? 36-36, 36-37; Ord. No. 3051-83; Ord. No. 3111-83, ? 1; Ord. No. 3223-84)
Sec. 38-75. Protection of adjoining property.
The permittee shall at all times at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. The permittee shall, at its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure properly to protect and carry out said work. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified the property owner, or in the case of public property, the appropriate city department or city official having control of such property.
(Ord. No. 3051-83)
Newport News City Code View whole ordinance
Chapter 40.3 VEGETATION
Sec. 40-3.3. Pruning, removing, damaging, etc., generally.
(a) No person shall, without a permit from the director, prune, spray, remove, destroy, cut, girdle or deface any tree, shrub, landscape planting or other vegetation located on city property or injure the same by root cutting or exposure or by placing any chemical or substance on the ground around such tree, shrub, landscape planting or other vegetation; provided, however, that permits for the activities listed in this subsection affecting any tree, shrub, landscape planting or other vegetation located within city rights-of-way shall be issued by the department of engineering after review and recommendation by the director.
(b) No person shall, without a permit from the director, injure, disturb, misuse or remove any device placed to protect any tree, shrub, landscape planting or other vegetation located on city property; provided, however that permits for the activities listed in this subsection affecting any tree, shrub, landscape planting or other vegetation located within city rights-of-way shall be issued by the department of engineering after review and recommendation by the director.
(c) The provisions of this section shall not apply to any cutting or trimming of grasses upon city rights-of-way by the owner of property adjacent to such right-of-way.
(Ord. No. 5679-01, ? 1)
Newport News City Code View whole ordinance
Chapter 40.3 VEGETATION
Sec. 40.3-5. Unauthorized attachments.
No person shall, without a permit from the director, attach or keep attached a sign, rope, wire, or any other device to a tree, shrub, landscape planting or other vegetation located on city property, or to the guard or stake intended for the protection of such tree, shrub, landscape planting or other vegetation.
(Ord. No. 5679-01, ? 1)
Sec. 40.3-6. Impeding entrance of air and water to roots.
No person shall, without a permit from the director, place or maintain upon city property any stone, cement or other substance which might impede the free entrance of water and air to the roots of any tree, shrub, landscape planting or other vegetation on city property. An open space of ground shall be maintained outside the trunk of any such tree, shrub, landscape planting or other vegetation. Such open space shall not be less than four (4) square feet in area.
(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:
?
(22) Tree: Any object of natural growth.
?
(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.
?
(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.
?
(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.
?
?
(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 12 CEMETRIES
DIVISION 1. GENERALLY
ARTICLE I. IN GENERAL
Sec. 12-16. Permit for planting or removal of plants, shrubbery or trees.
No person shall plant or remove any plants, shrubbery or trees in any lot in any of the cemeteries of the city without first securing a permit from the director of facilities and enterprise management to do so. Such permit shall be in writing and in such form as may be prescribed by the director. After such plants, shrubbery or trees have been planted or removed, the permit shall be surrendered to the director and cancelled.
(Code 1958, ? 10.1-26; Ord. No. 40,343, ? 4, 6-5-01)
Sec. 12-37. Cutting or picking flowers, plants or shrubs.
No person shall cut, pick or pluck any plant, flower or shrub in any of the cemeteries.
(Code 1958, ?? 10.1-23, 10.1-32)
Cross reference? Trees and other vegetation, Ch. 45.
State Law reference? Similar provisions, Code of Virginia, ? 18.2-127.
ARTICLE II. SUBDIVISION OF CEMETRIES
DIVISION 2. FOREST LAWN CEMETERY
Sec. 12-65. Live Oak Lawn generally.
?
(c) In case a tree is planted at the intersection of any two (2) or more lots, the area occupied by such tree shall be considered as part of such lot in computing the number of adult burial spaces the purchaser of such lot shall pay for. Should any such tree, by reason of its growth, later occupy an increased area of any lot, the number of adult burial spaces in such a lot shall be reduced accordingly.
(Code 1958, ? 10.1-88)
ARTICLE III. GENERAL RULES AND REGULATIONS
Sec. 12-248. Planting shrubs, plants and trees.
(a) The director of facilities and enterprise management may grant to any person entitled to use a lot in Forest Lawn, Calvary, Calvary Cemetery Annex and any new sections in other cemeteries, such as Garden of Eternal Life, except that part as designated Live Oak Lawn and Subdivision of Blocks B and C, Live Oak Lawn, to plant and cultivate shrubs, plants and trees in such lot; provided, such person shall release the city of any obligation for the care and upkeep of such lot, which care and upkeep shall thereafter be at the cost and expense of such person. In the event such lot is not kept in good condition to the satisfaction of the director of facilities and enterprise management for any period of more than forty-five (45) consecutive days, the director of facilities and enterprise management shall remove such shrubs, plants and trees so planted and the care and upkeep of such lot shall thereafter be at the cost and expense of the city, as is now or may hereafter be provided by ordinance.
(b) Planting will not be permitted on less than a four-grave lot or on less than any whole lot.
(c) No planting on Pine Gardens, Sections I and II, shall be permitted in the front and rear of the lots, unless the same shall be done under the supervision of the cemetery management.
(d) There will be no planting on Live Oak Lawn and Subdivision of Blocks B and C, Live Oak Lawn, at Forest Lawn, except that done by the city for the maintenance and beautification of the lawn.
(Code 1958, ? 10.1-83; Ord. No. 40,343, ? 17, 6-5-01)
Cross reference? Trees and other vegetation, Ch. 45.
Norfolk City Code View whole ordinance
Chapter 42 STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 42-20.3. Filling of Chesapeake Bay Preservation Areas.
(a) Before any filling, clearing or grading is done by the owner, or by any other person with the knowledge or consent of the owner, of any area designated pursuant to section 494 of the zoning ordinance as a Chesapeake Bay Preservation Area a fill plan shall be submitted to the director of public works. The fill plan shall be reviewed by the department of public works and by the division of environmental affairs to ensure consistency with the provisions of this section and of section 494 of the Zoning ordinance. Upon approval of the fill plan by the department of public works and the division of environmental affairs, the filling, clearing or grading shall be done in accordance therewith.
(b) For purposes of this section, the fill plan shall include:
?
(5) If trees or other vegetation are to be removed in the buffer area of the resource protection area, as defined in section 32.2-3 of the City Code, in order to fill, clear or grade, a showing of all necessary tree permits pursuant to section 30-24(a)(9) of the City Code is required.
?
?
(Ord. No. 36,175, ? 1, 8-28-90; Ord. No. 40,580, ? 2, 1-8-02)
Norfolk City Code View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION
ARTICLE I. GENERALLY
Sec. 45-5. Interference with bureau of parks and forestry.
No person shall, in anywise, interfere with, hinder, prevent or delay or cause or permit any person to interfere with, hinder, prevent or delay the bureau of parks and forestry, or its employees, in the enforcement of this chapter, or in and about the planting, mulching, pruning, spraying, treating or removing of any tree in the public streets, parks, schools, city-owned cemeteries, or other city-owned property, or in the removing of stone, cement or other sidewalks, or stone, cement or other substances about the trunk of any tree in any street, or in cultivating, seeding and caring for the area between the street curbing and the walkway in any sidewalk of the city.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-7. Picking, pulling, damaging, etc., vegetation on lands of another or in park or wildlife sanctuary.
It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found growing or being upon the land of another, or upon any land reserved, set aside or maintained by the city as a public park, or as a refuge or sanctuary for wild animals, birds or fish, without having previously obtained the permission in writing of such other owner or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same is done under the personal direction of such owner, his agent, tenant or lessee, or the superintendent or custodian of such park, refuge or sanctuary.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-8. Selling trees or shrubs removed from property of another.
It shall be unlawful for any person to sell or offer for sale within the city any tree, shrub or vine, or any part thereof which was picked, pulled up, torn up, dug up, cut or broken on the property of another without previously obtaining permission, in writing, from such other person, his agent, tenant or lessee.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-9. Failure to install or maintain landscaping.
It shall be unlawful to neglect or fail to install or maintain landscaping as shown on an approved site plan where the landscaping has been reviewed and approved by the director of neighborhood and leisure services or his designee as part of the site plan review process pursuant to the zoning ordinance.
(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. 45-13. Permits; when required.
(a) Residents of Norfolk may apply for a permit to prune and trim city trees located between the curbs and sidewalks. A request for a permit can take place only after a resident has successfully completed a workshop devoted to basic tree trimming techniques led by an I.S.A. certified arborist for the city, and the individual resident receives a certificate of completion in such training. All appropriate tools and required safety equipment must be supplied by the resident(s) and approved by the arborist. The pruning may take place from the ground only, utilizing only nonpowered hand tools. Debris from any pruning session must be removed in accordance with normal Norfolk Division of Waste Management regulations.
(b) Except as otherwise provided in this section, it shall be unlawful for any person except an authorized employee of the bureau of parks and forestry to perform any of the following acts on city-owned property without first obtaining a permit from the director:
(1) Plant, transplant, prune, trim, root prune, spray, fertilize, treat, remove, paint, climb or otherwise damage or disturb any tree, shrub or other vegetation or any part thereof (including live, diseased, declining or dead), or protective and supportive devices.
(2) Place either above or below ground level, a container for trees, shrubs or other vegetation.
(3) Affix or cause to be affixed to any tree, shrub or other vegetation any sign, notice, announcement, banner, rope, cable, nail, tape, wire, or any other object, or to use the same in any connection with any guard or stake protecting or supporting such tree, or permit any electrical wires, cables, poles, cross arms, brackets, insulators, or other wires or fixtures to come into contact with any shade tree or ornamental tree on the streets or other city owned property.
(4) Dig a tunnel, trench, or otherwise excavate within the critical root zone of a tree, except within the paved roadways from curb face to curb face.
(5) Apply and chemical or material of any sort to or within the critical root zone of any tree located on city-owned property, including but not limited to insecticides, herbicides, fungicides, or soil sterilants/or growth regulators that either prevent or hinder the establishment or viability of vegetation or is detrimental to the environment.
(6) Place any material of any sort, including, but not limited to, dirt, soil, rubble, concrete, bricks, wood, dredge spoil, asphalt, creosote timbers, logs, garbage, tires, organic wastes and personal property such as boats, trailers, vehicles on or within the critical root zone of any tree, shrub or other vegetation.
(c) It shall be unlawful for any person to perform any of the following acts within the resource protection area or intensely developed areas in the Chesapeake Bay Preservation Area Overlay District without first obtaining a permit from the director:
(1) Plant, transplant, trim, prune, remove or otherwise disturb any tree, shrub or other vegetation (including live, diseased, declining or dead), or portion thereof.
(2) Damage, cut, tap, caulk, paint, attach any rope, wire, nail, sign or any other manmade object to any tree or shrub.
(3) Dig a tunnel trench or otherwise excavate within the critical root zone of any tree, shrub or other vegetation.
(4) Apply any chemical, including, but not limited to, herbicides and/or growth regulators, that either prevents or hinders the establishment of viability of vegetation or is detrimental to the environment.
(5) Place any material of any sort, including, but not limited to, dirt, soil, rubble, concrete, bricks, wood, dredge spoil, asphalt, creosote timbers, logs, garbage, tires, organic wastes and personal property such as boats, trailers, vehicles on or within the crown-spread or critical root zone of any tree, shrub or other vegetation.
(d) 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 as approved by the bureau of environmental services and in accordance with applicable permit conditions or requirements.
(e) When trees, shrubs or other vegetation are removed, destroyed or damaged beyond recovery in violation of this section, the director may require that they be replaced in accordance with controlling arboricultural specifications and standards. Failure to mitigate as directed shall constitute a violation of this chapter.
(f) It shall be unlawful to fail to comply with any terms or conditions of any permit issued pursuant to this section.
(g) Nothing in this section shall be cons1d to exempt any person from the requirements of obtaining any additional permits as may be required by law.
(Ord. No. 41,728, ? 1, 2-15-05; Ord. No. 44,580, ? 1, 2-28-12)
Norfolk City Code View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION
ARTICLE II. TREE ORDINANCE
Sec. 45-20. Safeguards during construction work.
For the purposes of safeguarding trees on city-owned property and in the resource protection area and intensely developed area in the Chesapeake Bay Preservation Overlay District in zoning ordinance) (sic) during construction, including pruning, overhead or underground utility, installations and excavations, within the critical root zone, the following conditions shall apply to all trees other than those for which a permit has been issued authorizing removal:
(1) Prior to the commencement of construction, all trees, shrubs and other vegetation on the building site or within the project area shall be inventoried by the applicant or contractor as to species, diameter at breast height (four and one-half (4.5) feet above ground) expressed in inches crown-spread expressed in feet, and location on the lot, and the inventory shall be clearly and accurately shown to scale on a map, drawing, or plat of known scale, and shall be submitted to the bureau of parks and forestry.
(2) Damage to any trees, shrubs and other vegetation during construction shall be immediately reported by the person causing the damage, or the owner, to the city forester, and the applicant shall treat the tree for damage in the manner specified by the director.
(3) Excavations within the critical root zone of any tree, except within the paved roadways and for all emergency repairs to existing underground utilities, shall be done only after consultation with the director and then only to the extent authorized in the permit and in accordance with all controlling arboricultural specifications and standards and city tree protection notes and details.
(4) Unless otherwise allowed by the director, approved protective fencing shall be installed at the crown-spread or critical zone of all trees, shrubs and other vegetation located within the work zone prior to the commencement of any construction activity including mobilization, except for construction activities which limit disturbance to within the paved roadways (from face of curb to face of curb) and for emergency restoration of existing underground utility service, in order to prevent unnecessary damage to the trunk, crown, root system or soil environment.
(5) Whenever excavations, approved through a permit issued by the director, are made within the critical root zone of trees, shrubs and other vegetation appropriate measures as specifically described or referenced in the permit or City of Norfolk tree protection notes and details, shall be taken to protect the root system (roots and rooting environment) from any damage or loss, desiccation, and soil compaction.
(6) Except on improved paved roadways (from face of curb to face of curb), no material of any sort, including, but not limited to, soil, dirt, rock, stone, rubble, bricks, concrete, concrete rinse, mortar mix, asphalt, steel, wood, construction supplies, dredge spoil, fill material, organic wastes, herbicides, oil, gasoline, diesel fuel, chemicals, paint, paint thinners, waste water, construction effluents, or other materials detrimental to trees, shrubs and other vegetation or soil environment, shall be placed within the crown-spread or critical root zone of any tree, shrubs and other vegetation or uphill from such where said substance might reach the roots through a leaching process without a tree permit specifically approving same.
(7) Except on paved roadways and for emergency restoration of existing utility service to original capacity, and for construction projects where a permit has been issued by the director authorizing the use of equipment fundamental to the proposed construction activity within the critical root zone, no vehicles or heavy equipment shall be permitted within the critical root zone of any trees, shrubs and other vegetation.
(Ord. No. 41,728, ? 1, 2-15-05)
Norfolk City Code View whole ordinance
Chapter 46.1 WATER SUPPLY
ARTICLE V. REGULATIONS APPLICABLE TO CITY-OWNED LAKES AND ADJOINING LAND
Sec. 46.1-51. Damage to or removal of trees or shrubs.
(a) It shall be unlawful for any person except an authorized employee or agent of the department of utilities to perform any of the following acts without first obtaining a permit from the director:
(1) Plant, prune, trim or remove any tree or portion thereof or damage, cut, tap, caulk, paint, attach any rope, wire, nail, sign or any manmade object to any tree or shrub, or dig a tunnel trench or otherwise excavate or place any dirt, rubble or debris within the drip line of any tree or shrub.
(2) Place any material of any sort, including, but not limited to, dirt, soil, rubble, concrete, bricks, wood, dredge spoil, asphalt, creosote timbers, logs, garbage, tires, organic wastes and other materials including herbicides and growth regulators that either prevent or hinders the establishment of vegetation or is detrimental to the environment beneath the drip line of any tree or shrub except as authorized by permit.
? When a tree is removed, destroyed or damaged beyond recovery in violation of this section, the director may require that they be replaced on the basis of one tree with a minimum two and one-half (2.5) inches in caliper for every two and one-half (2.5) inches diameter of tree removed, destroyed or damaged. Failure to replace or replant as directed shall constitute a violation of this chapter.
(d) Nothing in this section shall be cons1d to exempt any person from the requirements of obtaining any additional permits as required by law.
(Ord. No. 41,100, ? 2, 7-15-03)
Sec. 46.1-54. Conditions for the declaration of potential shortage of water.
Upon a determination by the city manager of the existence of the following conditions, the city manager shall take the following actions:
?
(2) Condition 2. When very limited supplies of water are available, the city manager shall order curtailment of less essential usages of water, including, but not limited to, one or more of the following:
a. The watering of shrubbery, trees, lawns, grass, plants, or any other vegetation, except indoor plantings, greenhouse or nursery stocks and except watering by commercial nurseries of freshly planted plants upon planting and once a week for five (5) weeks following planting.
?
?
(Ord. No. 41,100, ? 2, 7-15-03)
Norfolk ZONING ORDINANCES View whole ordinance
APPENDIX A ZONING ORDINANCE
ARTICLE III. REGULATIONS APPLICABLE TO ALL ZONING DISTRICTS
CHAPTER 17: LANDSCAPE PLANTINGS AND BUFFERS
17-13 Tree preservation.
Whenever possible, existing trees that are healthy and with an attractive form shall be preserved in their location. When considering trees for retention, young trees are more adaptable to site modifications than are older, more established trees. Therefore, young trees should be favored. Existing trees to be retained shall be clearly marked with brightly colored, non-fading plastic flagging tape. Special precautions shall be made during construction to prevent damage to such flagged trees.
17-13.1 Tree preservation fencing techniques.
(a) Installation of fencing: Approved protective tree fencing shall be installed along the outer edge of and completely surrounding the critical root zones of all trees marked for retention, prior to any land disturbance, and shall remain in place and in good repair until project completion. In no case shall the protective fence be installed inside the tree's critical root zone unless otherwise specified by the department of neighborhood and leisure services.
(b) Grading and construction equipment: All grading and construction equipment, construction material, supplies, and vehicles shall remain outside of tree preservation fencing.
(c) No materials shall be stored inside the tree preservation fencing.
17-13.2 Removal of trees designated for preservation. In the event that a tree designated for preservation is destroyed or permanently disfigured or significantly damaged during the construction process, the tree shall be replaced with a new tree or trees. The replacements shall total the same number of caliper trunk inches as that of the tree(s) destroyed in diameter at common breast height.
(Ord. No. 42,529, ? 1(Exh. A), 1-30-07)
17-14 Tree and vegetation removal.
17-14.1 Tree and vegetation removal from Chesapeake Bay Preservation Act (CBPA) buffer. Removal of trees and vegetation within the CBPA buffer shall conform to provisions of Chapter 26 of the Zoning Ordinance of the City of Norfolk, 1992.
17-14.2 Protection and removal of tree and vegetation on City of Norfolk property. The protection or removal of existing trees or any other vegetation from the City of Norfolk property, including public rights-of-way, shall conform to Chapter 45 of the Norfolk City Code, 1979.
(Ord. No. 42,529, ? 1(Exh. A), 1-30-07)
Petersburg City Code View whole ordinance
Chapter 114 UTILITIES
ARTICLE II. WATER SUPPLY
DIVISION 1. GENERALLY
Subdivision 1. General Provisions
Sec. 114-47. Damaging, tampering with, etc., water department property, fixtures, etc.
(a) It shall be unlawful for any person to damage or deface any property of the water department or to cut any trees or shrubbery or dump any refuse or rubbish upon any part of the property of the water department.
?
(Ord. No. 07-98, 10-23-2007)
Petersburg City Code View whole ordinance
Chapter 122 WATERWAYS
ARTICLE II. CHESAPEAKE BAY PRESERVATION AREAS
DIVISION 2. APPLICATION
Subdivision II. Performance Standards
Sec. 122-77. General performance standards for development and redevelopment.
(a) Land disturbance shall be limited to the area necessary to provide for the proposed use or development.
(1) In accordance with an approved site plan, the limits of land disturbance, including clearing or grading, shall be strictly defined by the construction footprint. These limits shall be clearly shown on submitted plans and physically marked on the development site.
(2) Ingress and egress during construction shall be limited to one access point, unless otherwise approved by the city director of public works.
(b) 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.
(1) Existing trees six inches in diameter or greater at breast height shall be preserved outside the construction footprint. However, 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. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed, as approved by the city director of public works.
(2) Clearing shall be allowed only to provide necessary access, positive site drainage, water quality BMPs, and the installation of utilities, as approved by the city director of public works.
(3) Prior to clearing or grading, suitable protective barriers, such as safety fencing, shall be erected five feet outside 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 barriers.
?
(Code 1981, ? 9.5-11(b); Ord. No. 04-51, 6-15-2004; Ord. No. 05-76, 9-6-2005; Ord. No. 08-103, ? 2, 11-18-2008)
Sec. 122-78. Buffer area.
(a) To minimize the adverse effects of human activities on the other components of resource protection areas, state waters, and aquatic life, a 100-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 if erosion problems are evident.
(b) The buffer area shall be located adjacent to and landward of other RPA component and along both sides of any water bodies with perennial flow. The full buffer area shall be designated as the landward component of the RPA, in accordance with section 122-51 and subdivision III of this division.
(c) The 100-foot buffer area shall be deemed to achieve a 75 percent reduction of sediments and a 40 percent reduction of nutrients.
(d) 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 local approval by the director of public works, only to provide for reasonable sight lines, access paths, general woodlot management, and BMPs, 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 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 of trees may be allowed, pursuant to sound horticultural practice incorporated into locally adopted standards;
d. 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.
?
(Code 1981, ? 9.5-11?; Ord. No. 04-51, 6-15-2004)
Petersburg City Code View whole ordinance
Chapter 30 CEMETERIES
ARTICLE II. BLANDFORD CEMETERY
DIVISION 1. GENERALLY
Sec. 30-47. Permit to plant or remove trees or shrubs.
No person shall plant any shade tree or large shrub in any lot in the cemetery or remove any tree or large shrub from such a lot, without first obtaining a permit therefor from the director.
(Code 1981, ? 8-23)
Sec. 30-48. Permit for trimming trees.
No person shall trim, prune or remove any branches from any tree in the cemetery, whether on his lot or plot or not, without having first obtained a permit therefor from the director.
(Code 1981, ? 8-24)
Sec. 30-50. - Removal of nuisances.
(a) If anything deemed offensive, improper or injurious or which violates any rules shall be deposited or placed on any lot or plot in the cemetery, the director shall remove it without notice.
(b) The director may remove from the cemetery any tree, vine, brush or shrub that is unsightly, dangerous or infected with fungi or other pests.
(Code 1981, ? 8-26)
Cross reference? Nuisances, ? 50-61 et seq.
Secs. 30-51?30-65. - Reserved.
Petersburg City Code View whole ordinance
Chapter 74 OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE IV. OFFENSES AGAINST PROPERTY
DIVISION 1. GENERALLY
Sec. 74-102. Destruction of trees, shrubs and other plants.
(a) It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another, including any city-owned property, or upon any land reserved, set aside or maintained by the commonwealth as a public park, or as a refuge or sanctuary for wild animals, birds or fish, or upon any land reserved, set aside or maintained as a public park by a park authority created under the provisions of Code of Virginia, ? 15.2-5702, without having previously obtained the permission in writing of such owner or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless such activity is done under the personal direction of such owner, his agent, tenant or lessee or superintendent or custodian of such park, refuge or sanctuary.
(b) Archaeological resources on city property are an accessible and irreplaceable part of the city's heritage which are increasingly endangered because of their commercial attractiveness. The purpose of this section is to prevent the loss and destruction of these archaeological resources from uncontrolled excavations and pillage and to secure for the present and future benefit of the citizens of the city the protection of archaeological resources and sights which are on city property.
? For purposes of this section, the term "archaeological resource" means any material remains of past human life or activities which are of archaeological interest which shall include, but not be limited to, pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, pit houses, crockery, eating utensils, or any portion or piece of any of the foregoing items. For purposes of interpreting this section, any of the above enumerated items found below the surface of the ground are presumed to be of archaeological interest.
(d) It shall be unlawful for any person, without authority of the city council, to hunt, search out for, attempt to find or seek relics, or to use or be in possession of a mineral or metal detector, magnetometer, side scan sonar or other metal detecting device or sub-bottom profiler on city-owned property within the boundaries of the city or on property owned by the city located outside the city boundaries.
? Any person violating this section shall be guilty of a class 1 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit.
(Code 1981, ? 21-42; Ord. No. 05-61, 7-5-2005)
State Law reference? Similar provisions, Code of Virginia, ? 18.2-140.
Portsmouth City Code View whole ordinance
Chapter 25 PARKS AND RECREATION
ARTICLE III. GENERAL PARK REGULATIONS
Sec. 25-99. Damaging; removing, etc., flowers, plants, etc.
(a) No person shall remove, destroy, cut down, scar, mutilate, injure, take or gather in any manner any tree, flower, fern, shrub, rock, or plant or mineral in any park, recreational area or playground.
(b) Any violation of this section shall constitute a class 3 misdemeanor.
(Code 1973, ? 24-59; Code 1988, ? 25-102)
Cross reference? Penalty for class 3 misdemeanor, ? 1-11; general prohibition against removing or damaging trees or shrubs on city property, ? 36-28.
Portsmouth City Code View whole ordinance
Chapter 32 STREETS, SIDEWALKS AND LOCAL IMPROVEMENTS
ARTICLE II. RIGHT-OF-WAY PERMIT
Sec. 32-56. Definition.
As used in this article, the word "permittee" means a person to whom a permit required by this article is issued.
(Code 1988, ? 32-56)
Cross reference? Definitions and rules of construction generally, ? 1-2.
Sec. 32-65. Protection of adjoining property.
The permittee shall at all times and at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. The permittee shall, at his or its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure to properly protect and carry out such work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this article. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner, or in the case of public property the appropriate city department or city official having control of such property.
(Code 1973, ? 32-52; Code 1988, ? 32-65)
Portsmouth City Code View whole ordinance
Chapter 33.1 SUBDIVISIONS
ARTICLE III. REQUIREMENTS FOR DESIGN AND MINIMUM IMPROVEMENTS
Sec. 33.1-41. Preservation of noteworthy features.
In all subdivisions, to the maximum degree reasonably possible, efforts shall be made to preserve historic sites, scenic points, trees and other desirable natural growths, watercourses and other water areas, and other features worthy of preservation. Such preserved features shall be noted on the final plat.
(Ord. No. 2010-06, ? 2, 1-26-2010)
Portsmouth City Code View whole ordinance
Chapter 36 VEGETATION
ARTICLE I. IN GENERAL
Sec. 36-1. Violations of chapter.
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a class 3 misdemeanor.
(Code 1988, ? 36-1)
Cross reference? Penalty for class 3 misdemeanor, ? 1-11.
Sec. 36-2. Trimming of trees or other plants overhanging right-of-way.
It shall be the duty of any person who owns or occupies any property on which are situated any bushes, shrubs, trees or other plants that overhang any public right-of-way to keep such bushes, shrubs, trees and other plants trimmed so that such overhanging projections shall in no way impede or interfere with the free public passage along such right-of-way. Any person violating any provision of this section shall, in addition to any penalty imposed for the violation, be liable to the city for any expense incurred by the city in having such bushes, shrubs, trees and other plants trimmed in conformity herewith.
(Code 1973, ? 32-13; Code 1988, ? 36-2)
Portsmouth City Code View whole ordinance
Chapter 36 VEGETATION
ARTICLE II. TREES AND SHRUBS ON CITY PROPERTY
Sec. 36-28. Pruning, removing, damaging, etc., generally.
No person shall, without a permit from the director, prune, spray, remove, destroy, cut, girdle or deface any tree or shrub located on city property or injure the same by root cutting or exposure or by placing any chemical or substance on the ground around such tree or shrub, and no person shall, without such a permit, injure, misuse or remove any device placed to protect such tree or shrub.
(Code 1973, ? 36-2; Code 1988, ? 36-28)
Cross reference? Authority of city manager to offer reward in cases involving damage to city property, ? 2-167; removing or damaging trees or shrubs in parks, ? 25-99.
Portsmouth City Code View whole ordinance
Chapter 36 VEGETATION
ARTICLE II. TREES AND SHRUBS ON CITY PROPERTY
Sec. 36-31. Impeding entrance of air and water to roots.
No person shall, without a permit from the director, place or maintain upon city property any stone, cement or other substance which might impede the free entrance of water and air to the roots of any tree or shrub on such property, without leaving an open space of ground outside the trunk of such tree or shrub. Such open space shall be not less than four square feet in area.
(Code 1973, ? 36-5; Code 1988, ? 36-31)
Sec. 36-32. Protection from electrical wires.
Every person having any wires charged with electricity running through or over a public street or park or other city property shall securely fasten or protect such wires so that they will not come in contact with any tree or shrub or such street or property, and shall so locate and affix such wires as not to cause damage to any such tree or shrub.
(Code 1973, ? 36-7; Code 1988, ? 36-32)
Sec. 36-33. Protection during building operations.
In the erection or repair of a building or structure, the owner thereof shall place such guards around all nearby trees and shrubs on the streets as shall effectually prevent injury to them.
(Code 1973, ? 36-6; Code 1988, ? 36-33)
Cross reference? Building regulations, ch. 7.
Sec. 36-34. Protection from animals.
No person shall fasten an animal to a tree or shrub located on city property or cause an animal to stand so that it can damage such tree or shrub.
(Code 1973, ? 36-8; Code 1988, ? 36-34)
Cross reference? Animals generally, ch. 4.
Portsmouth City Code View whole ordinance
Chapter 9 CEMETERIES
ARTICLE I. IN GENERAL
Sec. 9-4. Malicious mischief.
(a) If any person shall:
?
(2) Destroy, remove, cut, break or injure any tree, shrub or plant within any cemetery or lot of any monumental or memorial association;
?
?
(Code 1973, ?? 7-4, 21-119; Code 1988, ? 9-4)
Cross reference? Penalty for class 1 misdemeanor, ? 1-11; authority of city manager to offer reward in cases involving damage to city property, ? 2-167.
State Law reference? Similar provisions, Code of Virginia, ? 18.2-127.
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.
?
(c) Criteria RPAs.
?
(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)
Portsmouth ZONING ORDINANCES View whole ordinance
ZONING ORDINANCES
ARTICLE 40.1-5: DEVELOPMENT STANDARDS
40.1-5.3 TREE PROTECTION
(A) Protection of Specimen Trees
(1) Applicability
(a) General All development in the city, except that exempted in accordance with Section 40.1-5.3(A)(1)(b), Exemptions, shall be required to protect specimen trees in accordance with this section.
(b) Exemptions The following development shall be exempt from these standards:
(i) Land within the Downtown D1 and D2 districts; and
(ii) Existing single-family detached residential dwellings on lots of record established prior to May 1, 2010.
(2) Depiction on Landscaping or Development Plan The location, species, and size of all specimen trees to be retained in accordance with this section shall be depicted on the development plan or landscaping plan associated with the development.
(3) General Requirement
No specimen tree may be removed, except in accordance with Section 40.1-5.3(A)(4), Removal of a Specimen Tree. In addition, all specimen trees shall have the following protections, whether located on public or private land:
(a) Cutting, Removal, or Harm Prohibited Specimen trees shall not be cut, removed, pushed over, killed, or otherwise harmed.
(b) Paving or Soil Compaction Prohibited The area within the dripline of any specimen tree shall not be subject to paving or soil compaction
(4) Removal of a Specimen Tree Specimen trees may be removed if the landowner demonstrates to the Planning Director one of the following conditions:
(a) Removal of a Healthy Specimen Tree
A specimen tree is in healthy condition, and all of the following standards are met:
(i) The landowner is otherwise in compliance with this section;
(ii) The specimen tree prevents development of a lot platted prior to May 1, 2010 in a way that limits building area to less than otherwise allowed, or hinders compliance with the standards in Article 40.1-3: Zoning Districts, Article 40.1-4: Use Standards, or Article 40.1-5: Development Standards.
(iii) Mitigation is provided in accordance with Section 40.1-5.3(A)(5), Replacement/Mitigation of Specimen Trees.
(b) Removal of a Severely Diseased, High Risk, Damaged, or Dying Specimen Tree A specimen tree is certified by an arborist or other qualified professional as severely diseased, high risk, damaged by an act of God, or dying. Removal of a severely diseased, high risk, or dying specimen tree shall not require mitigation in accordance with Section 40.1-5.3(A)(5), Replacement/Mitigation of Specimen Trees.
(5) Replacement/Mitigation of Specimen Trees Those causing the destruction or removal of a healthy specimen tree, unless exempted in accordance with Section 40.1-5.3(A)(4), Removal of a Specimen Tree, shall be responsible for the following mitigation:
(a) Replacement Trees Required
Each healthy specimen tree removed or destroyed shall be replaced with three replacement trees, measuring at least six inches in diameter by American Nurseryman Standard. The replacement trees shall be replanted within 12 months of the removal or destruction of the specimen tree.
(b) Location of Replacement Trees
Replacement trees shall be either planted on the parcel of land from which the specimen tree was removed if sufficient space is available, or placed on nearby lands in accordance with Section 40.1-5.2(H), Alternative Landscape Plan.
(c) Establishment Period
Replacement trees shall be maintained through an establishment period of at least three years. The applicant shall guarantee the survival and health of all replacement trees during the establishment period and guarantee any associated replacement costs. If the replacement trees do not survive the establishment period, the applicant shall purchase and install new replacement trees.
(B) Tree Protection During Construction
(1) Owner?s Responsibility
During development, the owner or developer shall be responsible for the erection of any and all barriers necessary to protect any existing or installed vegetation from damage both during and after construction.
(2) Tree Protection Fencing
(a) Where Required Specimen trees and other existing trees being used for credit towards landscaping requirements in accordance with Section 40.1-5.4(A)(1)(b), Credit Applied Towards Required Plantings, shall be fenced with a sturdy and visible fence before grading or other development activity begins. Fencing shall be erected no closer than one linear foot to the tree?s dripline. The Planning Director shall consider the existing site conditions in determining the exact location of tree protection fencing. Areas located inside of tree protection fencing are considered as ?tree save areas?.
(b) Inspection All tree protection measures shall be inspected and approved by the city prior to start of any land disturbing activities. Failure to have tree protection measures prior to the commencement of construction is a violation of this Ordinance.
(c) When Required No construction, grading, equipment or material storage, or any other activity shall be allowed within the fenced area. Fencing shall be maintained until after the final site inspection.
(3) Encroachments into Tree Save Areas Encroachments into specimen tree save areas shall occur only when no other alternative exists. If such an encroachment is anticipated, the following preventive measures shall be employed:
(a) Soil Compaction
Where compaction might occur due to construction traffic or materials delivery through a tree save area, the area must first be mulched with a minimum four inch layer of wood chips. Equipment or materials storage shall not be allowed within a tree save area.
(b) Fill No fill shall be placed within a specimen tree save area without adequate venting to allow air and water to reach the roots.
(c) Chemical Contamination Trees located within a specimen tree save area shall be protected from chemical contamination from liquids or other materials, including but not limited to paint, chemical solvents, gasoline, oil, diesel fuel, hydraulic fluid, concrete spoils, or rinse water from vehicle cleaning, including rinsing of concrete truck tanks and chutes.
(d) Paving Limitations Except for driveway access points, sidewalks, curb, and gutter, no paving shall occur within a tree save area unless authorized through an alternative landscaping plan (See Section 40.1-5.2(H), Alternative Landscaping Plan).
(C) Tree Preservation Incentives
(1) Tree Preservation Credits
In order to encourage the preservation of as many trees as practical on a development site, credit towards the minimum landscaping requirements shall be applied to all existing trees retained on a site that are not specimen trees that comply with the credit standards of this subsection. Credits are offered only for trees that are not required to be retained by other sections of this Ordinance. Credits shall be granted in accordance with the following standards:
(a) Credit Amount
A credit of one-and-one-quarter (1.25) multiplied by the aggregate caliper of trees that are not specimen trees shall be credited and applied towards the landscaping standards in Section 40.1-5.2, Landscaping and Screening, when the trees that are saved complies with the following minimum size standards:
(i) Canopy Trees Canopy trees, whether deciduous or evergreen, of seven inches in caliper or greater, measured six inches above ground level.
(ii) Understory/Ornamental Trees
Understory or ornamental trees, whether deciduous or evergreen, of four inches in caliper or greater, measured four inches above ground level.
(b) Credit Applied Towards Required Plantings The credit shall be applied to the aggregate tree caliper inch standards for landscaping. In no case shall credits substitute for more than 75 percent of the required landscaping material.
(2) Reduction in the Minimum Number of Required Parking Spaces
Up to a five percent reduction in the number of off-street parking spaces required on a development site shall be allowed if the reduction in the amount of required pavement will preserve the root zones of existing healthy specimen trees. The amount of reduction can be determined only after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use, and must be agreed upon by both the applicant and the Planning Director. Alternative paving materials (See Section 40.1-5.1(D)(4), Alternative Materials) may be required by the Planning Director in cases where required parking areas encroach upon root zones.
Richmond City Code View whole ordinance
Chapter 14 FLOODPLAIN MANAGEMENT, EROSION AND SEDIMENT CONTROL, AND DRAINAGE
DIVISION 4. LAND USE AND DEVELOPMENT PERFORMANCE CRITERIA
Sec. 14-264. Development criteria for resource protection areas.
In addition to the general performance criteria set forth in Section 14-263, the criteria in this section are applicable in resource protection areas.
?
(5) Permitted modifications of the buffer area. In order to maintain the functional value of the buffer area, existing vegetation may be removed, subject to approval by the City, 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 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 as specified in the Riparian Buffer Modification & Mitigation Guidance Manual, 2003, published by the Chesapeake Bay Local Assistance Division of the Department of Conservation and Recreation and as may be amended by the State from time to time.
b. Any path shall be constructed and surfaced so 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 horticultural practices.
d. 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.
?
(7) Buffer area requirements for intensely developed areas. In intensely developed areas, the City may exercise discretion regarding whether to require establishment of vegetation in the 100-foot wide buffer area. However, while the immediate establishment of vegetation in the buffer area may be impractical, the City shall give consideration to implementing measures that would establish vegetation in the buffer in these areas over time in order to maximize water quality protection, pollutant removal, and water resource conservation. Where buffers are to be established, they shall be designed in accordance with the standards established in the Riparian Buffer Modification & Mitigation Guidance Manual, 2003, prepared by the Chesapeake Bay Local Assistance Division of the Department of Conservation and Recreation and as may be amended by the Commonwealth of Virginia from time to time.
(Code 2004, ? 50-332; Ord. No. 2014-116-89, ? 2, 5-27-2014)
Richmond City Code View whole ordinance
Chapter 7 CEMETERIES
ARTICLE I. IN GENERAL
Sec. 7-18. Trees, shrubs or plants.
No tree, shrub or plant shall be planted or pruned in or removed from a cemetery, without the consent of the Director. The Director may plant, prune, remove or transplant any tree, shrub or plant in a cemetery or at any burial space or lot whenever it is necessary to do so in order to:
(1) Economically maintain and care for burial spaces or lots;
(2) Prevent the impairment of or interference with the use of other burial spaces or lots; or
(3) Promote, preserve or improve the appearance and dignity of the cemetery.
(Code 1993, ? 7-18; Code 2004, ? 22-18)
ARTICLE II. CITY'S CEMETERIES
Sec. 7-53. Oakwood, Riverview, Maury and Mt. Olivet cemeteries.
(a) This section shall be applicable only in and to burial spaces in Oakwood Cemetery, Riverview Cemetery, Maury Cemetery and Mt. Olivet Cemetery and, in particular, to the area in Oakwood Cemetery designated Sections 80, 81, 82, 83 and F; the area in Riverview Cemetery designated Plot BB, Divisions 24, 25, 26 and 27; the area in Maury Cemetery designated Divisions 56, 69, 70A and 73; and the area in Mt. Olivet Cemetery designated Division 67, such areas being shown and so designated on the plans of such cemeteries on file in the Office of the Director. However, in the eastern one-half of Lot 61 of Section AA of Riverview Cemetery, the rules and regulations applicable to single grave burial spaces in cemeteries with respect to the number, height and size of monuments, tombstones and markers shall apply.
(b) In the cemeteries or parts of cemeteries mentioned in Subsection (a) of this section, there shall be compliance with the following:
?
(2) No tree, shrub or plant of any kind shall be planted or maintained at or on burial spaces or lots.
?
(Code 1993, ? 7-33; Code 2004, ? 22-66)
Richmond City Code View whole ordinance
Chapter 8 CITY-OWNED REAL ESTATE
ARTICLE VIII. USE OF PUBLIC GROUNDS, PARKS, PLAYFIELDS AND PLAYGROUNDS
DIVISION 1. GENERALLY
Sec. 8-287. Cutting down any tree on City property prohibited.
It shall be unlawful for any person to cut down or cause to be cut down any tree on any City-owned real estate or in any City-owned right-of-way without the express written permission of the Director of Public Works. Each tree so cut down or caused to be cut down shall constitute a separate offense under this section.
(Code 1993, ? 8-226; Code 2004, ? 26-404; Ord. No. 2009-1-19, ? 1, 1-26-2009)
Roanoke City Code View whole ordinance
Chapter 24 PUBLIC BUILDINGS AND PROPERTY GENERALLY
ARTICLE IV. PARKS
Sec. 24-101. Climbing trees or attaching swings thereto; unlawful use, etc., of benches or fences; entering closed areas.
It shall be unlawful for any person to climb a tree or attach a swing or hammock to any tree, or remove or change any bench or seat from its place, in any public park, or to lie down upon any bench in any such park, or to go within or upon any enclosures, lawns, slopes or places where there is a sign prohibiting ingress, or to stand or sit upon any guard fences, enclosures or other fences, in any such park.
(Code 1956, Tit. VIII, Ch. 3, ? 10)
Roanoke City Code View whole ordinance
Chapter 33 VEGETATION AND TRASH
ARTICLE I. IN GENERAL
Sec. 33-2. Cutting, pruning or removing trees or shrubs on city property.
(a) It shall be unlawful for any person other than a duly authorized employee or agent of the city, to cut, trim, prune or remove any tree or shrub in the public streets or ways or in any of the public grounds or property of the city, without first obtaining a permit so to do from the city manager. Application for such permit shall be in writing and shall specify, in detail, the work proposed to be done. Each such application shall be accompanied by a fee in such amount as is prescribed by the city council.
(b) In addition to the prescribed fee, each application for a permit under this section shall be accompanied by security to the city, in a sum not exceeding one thousand dollars ($1,000.00) to guarantee satisfactory completion of the work proposed to be done, which security may be in the form of a certified check or a personal bond, in writing, of the applicant. Such security shall be deposited with the city clerk.
(c) If, in the discretion of the city manager, the work proposed to be done in an application for a permit under this section is necessary or desirable, and the method proposed for performing the work is in accord with approved practices, the city manager shall issue the permit. The permit shall contain the terms and conditions under which the work shall be performed. More than one (1) location may be designated in a single permit, but no permit shall remain in force and effect for more than one (1) year following its issuance.
(d) In performing work authorized by a permit issued under this section, no person shall use climbing irons or spurs on any live tree.
(e) All work done pursuant to a permit issued under this section shall be subject to the supervision of the city manager and shall be inspected, by personnel designated by the city manager, at times prescribed by the manager. Upon completion, the work shall be inspected to insure compliance with this section and approved practices. Upon such inspection and written approval of such work by the city manager, the city clerk shall forthwith release and deliver to the permittee the security held pending such completion and approval.
(f) Any violation of the provisions of this section shall constitute a Class 3 misdemeanor.
(Code 1956, Tit. VIII, Ch. 6, ? 3)
Roanoke City Code View whole ordinance
Chapter 33 VEGETATION AND TRASH
ARTICLE I. IN GENERAL
Sec. 33-3. Openings in sidewalks to protect trees and shrubs.
When any concrete, brick or other permanent sidewalk is laid in any street along which trees or shrubs have been planted, care shall be taken that, when practicable, an opening around such trees or shrubs shall be left in such sidewalk, large enough for the expected growth of the trees or shrubs.
(Code 1956, Tit. VIII, Ch. 6, ? 4)d
Roanoke City Code View whole ordinance
Chapter 33 VEGETATION AND TRASH
ARTICLE I. IN GENERAL
Sec. 33-4. Cutting or removing flowers, fruits or nuts from plants or trees on city property.
(a) It shall be unlawful and a Class 4 misdemeanor for any person to cut, break off, pull or otherwise remove any flowers, fruits or nuts from any bush, shrub or tree, whether wild or cultivated, growing in or on any public street, way, park or other public property in the city.
(b) This section shall not apply to persons harvesting crab apples from trees in public parks, on dates approved by the city manager and under the direct supervision of city personnel designated by the city manager.
(Code 1956, Tit. VIII, Ch. 3, ? 5; Ch. 6, ? 3)
Roanoke City Code View whole ordinance
Chapter 33 VEGETATION AND TRASH
ARTICLE I. IN GENERAL
Sec. 33-5. Authority of city to spray and treat diseased trees and shrubs.
For the purpose of preventing the spread of scale, insects, worms or other diseases to which trees and shrubs are subject, the city manager shall, in his discretion, have the power and authority to spray and treat any infected tree or shrub within the city, whether on public or private property. Before spraying or treating any trees on private property, the city manager shall give reasonable notice thereof to the owner. Any person interfering with, or in any way attempting to prevent city personnel from inspecting, spraying or treating trees and shrubs in the city, whether on either public or private property, shall be guilty of a Class 4 misdemeanor.
(Code 1956, Tit. VIII, Ch. 6, ? 2)
Roanoke City Code View whole ordinance
Chapter 36.2 ZONING
ARTICLE 6. DEVELOPMENT STANDARDS
DIVISION 4. LANDSCAPING AND SCREENING
Sec. 36.2-643. Preservation of existing landscape features.
(a) Generally.
(1) During development, the property owner shall demonstrate reasonable efforts, in light of the proposed development and topography of a particular site, to preserve, replenish, protect, and utilize the following types of landscape features: trees of six (6) inch caliper or larger; ornamental trees of any size; trees within required yards, along property boundaries, or within twenty (20) feet of streams or lakes, unless necessary to remove for access, tree health, traffic circulation, utilities, or drainage; and streams in their natural condition.
(2) The Zoning Administrator shall have the authority to require the replacement of trees destroyed during site development, particularly as delineated in subparagraph (1) above.
(3) With the approval of the Zoning Administrator, any existing tree, of six (6) inch caliper or greater, determined to be in healthy condition and of a species permitted and suitable for the requirement of this division for which credit is requested, as established in Table 642-1, and preserved on the site in accordance with Section 36.2-643(b), may receive a tree preservation bonus. For purposes of this subsection, a tree preservation bonus shall provide credit as follows for purposes of satisfying tree canopy requirements:
(A) Existing approved tree of at least six (6) inch caliper shall receive a canopy credit of two (2) trees of the same species;
(B) Existing approved tree of at least nine (9) inch caliper shall receive a canopy credit of three (3) trees of the same species; or
(C) Existing approved tree of at least twelve (12) inch caliper shall receive a canopy credit of four (4) trees of the same species.
(b) Tree protection during construction. Where, at the option of the developer, existing trees, of at least six (6) inch caliper, or wooded areas, are to be preserved in lieu of planting new materials in order to satisfy the tree canopy, landscaping, buffer yard, or screening requirements of this division, subject to determination of the Zoning Administrator that such trees or wooded areas to be preserved will serve the purposes of this division, and as a condition of any approval pursuant to Section 36.2-643(a)(3), the following requirements shall apply:
(1) Groups of trees and individual trees that will be retained on a development site shall be accurately located on a basic development plan (see Section B-1, Appendix B) or on the Landscape Plan of a comprehensive development plan (see Section B-3, Appendix B) and designated as "Tree Protection Areas," and shall be clearly marked on the development site prior to any land disturbance. Grading, clearing, storage of materials, dumping of materials, and parking or transporting vehicles and equipment shall be prohibited inside any "Tree Protection Areas."
(2) Tree protection devices as specified in "STD & SPEC 3.38, Tree Preservation and Protection," in the 1992 edition of the Virginia Erosion and Sediment Control Handbook, shall be used to protect trees in any "Tree Protection Areas."
(3) Applicable diagrams of tree protection devices shall be provided as part of any development plan (see Appendix B). Such tree protection devices shall be installed prior to any cleaning or grading on the site, shall be maintained during construction, and shall remain in place until completion of all guaranteed improvements shown on the development plan and final release on all requirements by the City.
(4) The Zoning Administrator shall make a determination concerning the degree of damage to any tree, whether replacement of any damaged tree is required, or the corrective measures to be taken to ensure the survival of damaged trees. The Zoning Administrator shall notify the property owner if any trees must be repaired or replaced because of the damage caused by the stress of construction.
Roanoke City Code View whole ordinance
Chapter 36.2 ZONING
DIVISION 5. OVERLAY DISTRICTS
Sec. 36.2-334. Airport Navigation Overlay District (AN).
?
(i) Applicability of regulations to pre-existing structures, uses, or vegetation.
?
(2) The owner of any structure, vegetation, or use which existed prior to August 29, 1966, or where applicable prior to the effective date of any subsequent amendment to this section, and which is inconsistent with or in violation of this section or an amendment thereto, shall be required, as a condition of the continued maintenance of such structure, tree, or use, to permit any mitigation procedures deemed necessary including, without limitation, the City's installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Federal Aviation Administration (FAA) so as to indicate the presence of such object or hazardous use to operators of aircraft in the vicinity of the airport. Such markers and lights shall be installed, operated, and maintained at the expense of the City and not of such owner.
?
?
Roanoke City Code View whole ordinance
Chapter 36.2 ZONING
DIVISION 5. OVERLAY DISTRICTS
Sec. 36.2-335. - River and Creek Corridors Overlay District (RCC).
?
(e) Riparian buffer standards.
?
(4) Removal of vegetation within the required riparian buffer area shall be permitted only in accordance with the following provisions:
(A) Trees may be pruned or removed as necessary to provide limited 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) Dead, diseased, or dying trees may be removed.
?
(f) Permitted buffer impacts. The following development activities shall be permitted within the required riparian buffer area of the RCC Overlay District, provided no more land is disturbed than is necessary to provide for the desired installation or construction, all required permits have been issued, and any land disturbance activity complies with all erosion and sediment control requirements of Chapter 11.1 of this Code for the stabilization of disturbed areas to minimize negative effects on the quality of surface waters:
?
(4) Public passive recreation uses such as greenways and pervious trails, provided that to the extent possible, such pathways use existing and proposed utility alignments or previously cleared areas and minimize tree cutting to the maximum extent practicable;
(5) Individual pedestrian paths connecting homeowners to the river or creek in the form of narrow, pervious footpaths with minimal tree disturbance; or
?
?
Salem City Code View whole ordinance
Chapter 106 ZONING
ARTICLE IV. DEVELOPMENT STANDARDS
Sec. 106-402.11. Use of existing woodland areas.
(A) In cases where quality woodland exists, preservation of existing trees between the parking lot and the adjoining right-of-way or property is encouraged and may be substituted for landscaping requirements at the discretion of the city horticulturist.
(Ord. of 3-14-05(2))
Salem City Code View whole ordinance
Chapter 106 ZONING
ARTICLE IV. DEVELOPMENT STANDARDS
Sec. 106-402.17. Maintenance of landscaping.
(A) The owner, tenant and their agents, if any, shall be jointly and severely responsible for the maintenance of all required and provided landscaping in good condition so as to present a healthy, neat and orderly appearance. All landscaped areas shall be kept free from refuse and debris.
(B) All landscaped area shall be provided with a readily available water supply with at least one outlet located within 150 feet of all planted areas. Drip-type irrigation systems are encouraged.
(C) All required or provided trees, shrubs, ground covers and other plant materials must be replaced during the first opportune planting season if they die or become unhealthy because of accidents, drainage problems, disease or other causes.
(D) Trees shall not be trimmed or topped so that advertisement signs may be visible. Trees shall instead be allowed to grow and at the appropriate time, the crown may be lifted.
(Ord. of 3-14-05(2))
Salem City Code View whole ordinance
Chapter 95 PUBLIC TREES
Sec. 95-4. Abuse or mutilation of public trees.
Unless specifically authorized by the city horticulturist, no person shall intentionally damage, cut, carve, transplant or remove any public tree; nor attach any rope, wire, nails, staples, advertising posters, or other contrivance to any public tree; nor allow any gas, liquid, or solid substance which is harmful to such trees to come in contact with them; nor set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor and, in addition thereto, shall be responsible for the cost of repair or replacement of any public tree so damaged.
It shall be unlawful as a normal practice to top any public tree. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wire or other obstruction where other pruning practices are impractical may be exempted from this ordinance at the determination of the city horticulturist.
(Ord. of 1-10-00)
Sec. 95-5. Protection of trees.
All public trees near any excavation or construction of any building structure, or street work, shall be guarded with a fence, frame, or box not less than four feet high and eight feet square or at a distance in feet from the tree equal to the diameter of the trunk in inches (diameter measured at breast height), whichever is greater, and all building material, dirt, or other debris be kept outside the barrier.
No person shall excavate any ditches, tunnels, or trenches within a distance of ten feet from a public tree without first obtaining written approval from the beautification division.
(Ord. of 1-10-00)
Sec. 95-6. Placing materials on public property.
No person shall deposit, place, store, or maintain upon any public place of the city, any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots of any tree growing thereon, except by written permit of the beautification division. In the event of an emergency or in order to repair existing utilities, these written permits may be waived.
(Ord. No. 1-10-00)
Salem City Code View whole ordinance
Chapter 95 PUBLIC TREES
Sec. 95-7. Removal, planting, replanting, and replacement.
Whenever practical, the city shall replace a tree or trees in a treelawn when such trees are removed for street or highway paving.
No person, other than the city, shall remove a tree from the treelawn for the purpose of construction, or for any other reason, without first filing an application and procuring a permit from the city horticulturist, and without replacing the removed tree or trees to the satisfaction of the horticulturist. The person or property owner shall bear the cost of removal and replacement of all trees removed.
No person shall plant a tree on city property or right of way contrary to the master street tree plan. Any such planting may be removed by the city at the cost of such person. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor.
(Ord. of 1-10-00)
Staunton City Code View whole ordinance
Title 13 ENVIRONMENT
Chapter 13.10 COMPREHENSIVE DRAINAGE PLAN
13.10.010 Comprehensive drainage plan permit procedures and requirements.
?
(12) Stormwater Management Concept Plan Required. A stormwater management concept plan shall include all information as required by this chapter in order to evaluate the environmental characteristics of the planning area, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing stormwater generated at the project site.
(a) The concept plan should be prepared at the time of the preliminary plan of subdivision or other early step in the development process to identify the type of stormwater management measures necessary for the proposed project. The intent of this conceptual planning process is to ensure adequate planning for management of stormwater runoff from future development. To accomplish this goal, the following information shall be included in the concept plan:
?
(iv) Existing Tree and Vegetation Plan. The plan shall include the following for the entire project area:
(A) The outline of existing masses of vegetation. Forested areas shall be separately identified.
(B) Description of Existing Conditions. A narrative shall describe the quality of the existing vegetation and the impacts of the development on the vegetation.
(C) Description of Preservation Strategies. A narrative shall be provided to describe strategies for preservation and protection of existing vegetation to remain.
?
?
(Ord. 2014-09; Ord. 2009-09; Ord. 2007-30; Ord. 2007-20. Code 1985, ? 11-20).
Staunton City Code View whole ordinance
Title 13 ENVIRONMENT
Chapter 13.12 RIPARIAN BUFFERS
13.12.030 Management of a riparian buffer.
Each riparian buffer required to be established or maintained pursuant to Division I of this title shall be managed as part of the stormwater facility management agreement and as provided herein:
(1) The target vegetative cover in a riparian buffer area shall be an indigenous riparian forest with ground cover, shrub and tree canopy layers.
(2) Within 25 feet of the top of the state waters bank and land classified as wetlands:
(a) Indigenous riparian vegetation shall be preserved, or, where it does not exist, it shall be restored or allowed to evolve by natural succession;
(b) Dead, diseased, and dying trees may be removed;
? Fallen trees that are blocking stream channels, or trees with undermined root systems in imminent danger of falling, may be removed where stream bank erosion is a current or potential problem that outweighs any positive effects the fallen tree or trees may have on the stream ecosystem;
(d) Removal or pruning of invasive shrub and vine species is allowed; provided, that such removal or pruning is done in a manner that prevents erosion;
? Unpaved pathways and trails may be constructed and maintained in a manner that will effectively control erosion and minimize adverse impacts to the buffer, subject to applicable provisions of SCC 13.12.050; and
(f) Stormwater channels may be constructed and maintained in a manner that will prevent erosion and minimize adverse impacts to the buffer.
(3) Beyond 25 feet from the top of the public waterway bank to the limits of the required buffer:
(a) Dead, diseased and dying trees may be removed;
(b) Trees six inches in diameter or greater, measured 48 inches from the ground, shall be preserved;
? Removal or pruning of invasive shrub and vine species shall be allowed; provided, that such removal or pruning is done in a manner that prevents erosion;
(d) Unpaved pathways and trails may be constructed and maintained in a manner that will effectively control erosion and minimize adverse impacts to the buffer, subject to applicable provisions of SCC 13.12.050; and
? Stormwater channels may be constructed and maintained in a manner that will prevent erosion and minimize adverse impacts to the buffer.
(4) Where an existing structure (i.e., building, street, road, bridge, etc.) is located within the buffer, vegetation, not including the ground cover, can be removed within 15 feet of the structure. Removal of additional vegetation can be allowed if required by state or federal requirements or if necessary for the health, safety or welfare of the city?s citizens and approved by the administrator.
(Ord. 2009-09; Ord. 2007-30; Ord. 2007-20).
Suffolk City Code View whole ordinance
Chapter 22 CEMETERIES
ARTICLE III. REGULATIONS GENERALLY
Sec. 22-86. Injuring or defacing enclosures, trees or plants; shooting firearms.
Any person who shall injure, deface or remove any part of any cemetery enclosure or any enclosure of a burial lot or grave or any monument, tombstone, slab, urn or other appurtenance, or any inscription or device thereon, shall be guilty of a class 6 felony. Anyone who shall destroy or injure any tree, shrub, vine, plant or flower in a cemetery shall be guilty of a class 1 misdemeanor. Anyone who shall hunt with a gun, dog or otherwise in any cemetery, or shall shoot any gun, pistol or other firearms in any cemetery, for each offense shall be fined not more than $500.00; however, this provision shall not apply to the firing of the military salute over the grave of any soldier, sailor or marine, nor to the firing of the salute on Memorial Day.
(Code 1976, ? 6-8)
Sec. 22-93. Stringing wires.
No wires shall be strung within the boundaries of any cemetery or passed through any trees in a cemetery, for any purpose, without the consent of the superintendent of cemeteries. Any violation of this section shall be punished as provided in section 1-14.
(Code 1976, ? 6-16)
Sec. 22-140. Private mausoleums.
...
(d) No such mausoleum shall be constructed within 1? feet of any adjoining lot line or driveway, or be so placed as to be likely to injure any trees on adjoining lots or driveways.
?
(Code 1976, ?? 6-30, 6-46)
Suffolk City Code View whole ordinance
Chapter 74 STREETS AND SIDEWALKS
ARTICLE IV. OTHER PUBLIC PROPERTY
DIVISION 2. TREES, SHRUBS AND OTHER VEGETATION
Sec. 74-203. Removal, pruning and cutting back.
(a) No tree, shrub, plant or other horticultural display planted on any city street, alley or other public property shall be removed, pruned or cut back without permission of the city beautification and litter control commission.
(b) If any public improvement project initiated by the city requires the removal of any tree, shrub, plant or other horticultural display under the jurisdiction of the city beautification and litter control commission, the city manager shall so inform the commission. No approval for such removal due to governmental action is required.
(Code 1976, ? 24-27)
Suffolk Development Ordinance View whole ordinance
Unified Development Ordinance
ARTICLE 6 DESIGN AND IMPROVEMENT STANDARDS
SEC. 31-603. LANDSCAPING STANDARDS.
(a) PURPOSE. The purpose of the landscaping standards is to provide visual enhancement of the City; to protect and promote the appearance, character and economic value of property; to reduce visibility of paved areas and other unsightly views from adjacent properties and public lands; to moderate climatic effects; to minimize noise and glare; to enhance public safety by defining spaces to influence traffic movement; to reduce storm water runoff, and to provide visual transition between neighboring properties.
(b) APPLICABILITY. This Section shall apply to all new major residential subdivisions, and commercial, office and industrial subdivisions and site plans. The developer shall submit a landscape plan to the Director of Planning as precedent to final site plan approval as outlined in Section 31-307 of this Ordinance. However, any development containing eighty percent (80%) or more impervious area shall include a landscape plan at the time of initial site plan submittal. In addition to the above, a sign landscape plan, which complies with this Ordinance, Section 31-714, signs, and Section 31-412(h), if applicable, shall be required.
(c) GENERAL LANDSCAPING REQUIREMENTS. The following shall apply to all Sections of the landscaping provisions of this Ordinance.
(1) TYPE. Plant materials shall be selected from the approved plant list set forth as Appendix C herein, which plant list is hereby by incorporated by reference as if set forth in its entirety in this Section. All modifications shall be approved by the Director in accord with the Waivers and Modifications Section of this Ordinance. For developments containing 300 trees or greater, no more than thirty percent (30%) of the required new planting shall consist of one family type and shall be interspersed; not more than twenty percent (20%) of the required new plantings shall consist of the same genus type and shall be interspersed, and not more than ten percent (10%) of the required new plantings shall consist of the same species type and shall be interspersed.
(2) CONDITION. All plant materials shall conform to the standards of the American Nursery and Landscape Association ("ANLA") (formerly the American Association of Nurserymen), The American Standard For Nursery Stock, (1996), which document is hereby incorporated by reference as if set forth in its entirety herein. Said document may be obtained by contacting ANLA at 1250 I Street NW, Suite 500, Washington, D.C. 20005 (202/789-2900). Plants shall be healthy, vigorous, well rooted and free of defects, decay, disease or infestations. After implementation, all required plant material shall be maintained by the property owner. All dead, dying or diseased plant material shall be replaced by the property owner.
(3) BONDING. Prior to the issuance of Certificate of Occupancy, the applicant shall provide a maintenance bond. The maintenance bond shall be in the amount of one-third (1/3 of the value of the required landscaping, and shall be held for a period of 12 months following the date of Certificate of Occupancy issuance. A Certificate of Occupancy shall not be issued until the required landscaping is planted and completed in accordance with the approved landscape plan. If planting cannot occur due to seasonal constraints, the Planning Director may accept a performance surety in lieu of installation of plantings. The performance surety may be submitted in the form of a performance bond irrevocable letter of credit, certified check, cash escrow or other surety acceptable to the City attorney as to format and manner of execution. This surety shall include the full cost of plant materials and installation costs such as, but not limited to, soil treatment, labor, and/or guying costs. Should the Planning Director accept performance surety in lieu of any or all plantings, all required landscaping shall be installed and approved by the following planting season.
(4) PLANTING STANDARDS. The planting of materials shall conform to the standardized landscape specifications as identified in the "Guidelines for Landscape Planting in the City of Suffolk, Virginia" or in the standards of the most recent edition of the American Nursery and Landscape Association ("ANLA") (formerly the American Association of Nurserymen), The American Standard For Nursery Stock, (1996), which document is hereby incorporated by reference as if set forth in its entirety herein (said document may be obtained by contacting ANLA at 1250 I Street NW, Suite 500, Washington, D.C. 20005 (202/789-2900), and the "Standardized Landscape Specification for the State of Virginia" by the Virginia Nurserymen's Association. All trees shall have tops which display a natural growing shape or condition. Trunks shall be healthy and free of defects or mutations such as, but not limited to, over guying.
(5) PROTECTION STANDARDS.
A. Landscaped areas shall be protected from vehicular encroachment by planter islands such as, but not limited to, 8?? 8? new treated timbers, concrete curb stops, and curb/gutter or as approved by the Director. Planting islands shall contain a minimum of one hundred (100) square feet for each tree and a minimum of ten (10) square feet for each shrub. The Director may consider the advice of the City Engineer, Department of Public Works, Department of Public Utilities, Virginia Department of Transportation, and any other agencies in determining the final design of planter islands.
B. Unless other requirements of this Ordinance are greater, all new trees shall be mulched within a minimum two and one-half-foot (2??) radius planting area. All shrubs shall be mulched within a one-half-foot area of the plant. Mulching shall consist of a minimum depth of two (2) inches and shall be completed within two (2) days of planting or at final inspection. Acceptable mulching materials are listed in the "Guidelines for Landscape Planting in the City of Suffolk, Virginia."
(6) VISIBILITY. The landscape plan shall identify a visibility triangle at all intersections including parking access aisles and roads. No trees, shrubs or other materials shall be placed where this will impede visibility above 2? feet within the visibility triangle or as required by the Virginia Department of Transportation or by the City of Suffolk Public Works Department. The Director of Planning shall consider the comments from other agencies prior to final approval of the landscape plan.
(d) MINIMUM PLANT SPECIFICATIONS.
(1) PRESERVATION OF EXISTING TREES. Preservation of existing trees and shrubs shall be maximized to provide for continuity and improved buffering ability. Effort shall be made to preserve all existing trees within twenty (20) feet of existing water bodies such as lakes, streams and wetlands. Except for tree canopy requirements, trees retained for compliance with this Ordinance shall not be less than six (6) feet in height, shall be noted on the landscape plan, and shall comply with the following:
A. Prior to landscape plan approval, the property owner shall sign a statement stating protective measures to be taken and agreement to replacement of the trees should any removal or death occur during and/or after construction;
B. The landscape plan shall identify the protection area and method of protection for retained trees. The minimum radius of protection area shall be determined by multiplying the tree diameter at breast height in inches by one foot or by delineation of the drip line of the tree, whichever is greater;
C. The protection area shall be identified during construction with high visibility fencing and/or chain link fencing. There shall be no encroachment including, but not limited to, earth disturbing activities such as grading and/or stockpiling of soil or materialswithin this area;
D. Any vegetation removed before, during or after construction shall be replaced with newly planted vegetation which meets the minimum requirements outlined in this Ordinance.
(2) NEW TREES. Required tree plantings shall conform to the following minimum standards with caliper measurements taken six inches above grade. At time of planting:
A. Large street trees shall measure a minimum of 1?- to 2-inch caliper;
B. Medium street trees shall measure a minimum of one- to 1?-inch caliper;
C. Screening trees shall measure a minimum of 4? to six feet in height.
(3) NEW SHRUBS.
A. Streetscape shrubs shall be container grown in not less than three gallons and shall not be less than 24 inches in height at time of planting and shall not be pruned to less than 24 inches in height.
B. Screening shrubs shall not be less than 30 inches at time of planting and shall not be pruned to less than five (5) feet in height.
(e) TREE CANOPY. Canopy calculations for new plantings shall be calculated from the official tree canopy maintained in the City of Suffolk Department of Planning. All new and existing vegetation applied to canopy requirements shall comply with the plant specifications and standards of this Ordinance
(1) MINIMUM REQUIREMENTS. The landscape plan shall include the planting and/or replacement of trees on site to the extent that, after ten years from the date of planting, tree canopies shall be at least:
A. Ten percent (10%) tree canopy for a site zoned office, business or industrial;
B. Ten percent (10%) tree canopy for a residential site zoned twenty (20) or more units per acre;
C. Fifteen percent (15%) tree canopy for a residential site zoned more than ten, but less than twenty units per acre; and
D. Twenty percent (20%) tree canopy for a residential site zoned ten (10) units or less per acre.
(2) EXISTING VEGETATION.
A. Existing plant material exceeding five feet in height may be applied toward tree canopy or tree cover requirements. Preserved trees shall conform to the plant specifications and standards of this Ordinance except for size.
B. Credit shall be calculated by multiplying 1.25 times the undisturbed wooded area.
C. Effort shall be made to preserve all existing vegetation within twenty (20) feet of existing water bodies, such as but not limited to lakes, streams and wetlands or as required by the Chesapeake Bay Preservation Area Overlay District.
(3) EXEMPTIONS. The following land area shall be exempt from the area to be calculated:
A. Areas devoid of plant material exceeding five (5) feet in height;
B. Dedicated school sites or other publicly dedicated lands;
C. Playing fields and other non-wooded recreation area;
D. Wetlands areas.
(f) SCREENING.
?
(2) MINIMUM REQUIREMENTS.
?
B. Where only vegetation is used, screening shall consist of a double staggered row of evergreen trees spaced 20 feet on center, or a triple staggered row of evergreen screening shrubs spaced ten feet on center.
?
(3) REQUIREMENTS FOR OFFICE, BUSINESS OR INDUSTRIAL DISTRICTS ADJACENT TO A RESIDENTIAL DISTRICT.
A. Where only vegetation is used, screening shall consist of a double staggered row of evergreen screening trees spaced twenty (20) feet on center, or a triple staggered row of evergreen screening shrubs spaced ten (10) feet on center.
B. In addition to the above, office, business or industrial uses, such as, but not limited to, loading docks, parking areas and the like, which, in the opinion of the Director of Planning and Community Development are objectionable, abut a residential district, berming shall be required.
(i) Requirements for residential districts:
a. Where RU, RC, RM, RLM or RL residential districts, as defined in Article 4, abut A, RR or RE districts, additional landscaping shall be required.
b. Landscaping shall consist of a 15-foot screening strip of either a single row of screening trees spaced 20 feet on center or a single row of screening shrubs spaced ten feet on center.
(4) REQUIREMENTS FOR SUPERSTORES AND BIG BOX RETAIL USES. Retail uses subject to Section 31-715 of this Ordinance shall comply with the following standards:
A. LANDSCAPING.
(i) PERIPHERAL. A 30-foot wide landscaped buffer shall be provided along the front property line and along all abutting arterial roadways with breaks for approved access points. A minimum 15-foot wide landscape buffer shall be planted along all other property lines and along all internal roadways. No parking is permitted within these required buffer area or landscape areas.
(ii) BUILDING FACADE. The minimum setback for any building facade shall be 35 feet. Where the facade faces adjacent residential uses, an earthen berm, no less than six feet in height, containing at minimum, evergreen trees planted at intervals of 20 feet on center, or in clusters or clumps and shrubbery, shall be provided.
(iii) PARKING LOT. A minimum of ten percent (10%) of the parking area shall be landscaped. Landscaped areas shall be dispersed throughout the parking lot. Landscaped areas shall be protected by raised curbs and shall be a minimum of 200 square feet in size, except that ten percent of the planting areas may contain a minimum of 100 square feet. Where used, parking lot islands between parallel parking rows shall be a minimum of nine (9) feet in width and shall run the length of the parking aisle capped at each end by the termination of the island. In all cases parking aisles shall be landscaped at each end. For other types of parking configurations, landscaping, screening and buffer yard standards shall prevail.
(iv) REQUIRED PLANTINGS.
a. STREET TREE SPACING. Trees shall be planted on 30-foot centers. For variety, trees may be occasionally grouped to accent an area.
b. NUMBERS OF TREES AND SHRUBS PER 100 SQUARE FEET. Trees and shrubs shall be provided consistent with the landscaping standards of this Ordinance.
c. GROUND COVER AREAS. All areas shall be planted at a minimum with turf or grass. Ground covering such as ivy or similar material shall be used to accent planting areas.
(5) EXEMPTIONS.
A. Principal agricultural uses shall be exempt from screening requirements, with the exception of uses such as sawmills and feedlots and other uses which, in the opinion of the Director of Planning and Community Development, are objectionable.
(g) STREETSCAPE LANDSCAPING.
(1) APPLICABILITY. In addition to the above, all developments with five (5) or more parking spaces and/or subject to site plan review shall provide streetscape landscaping. The requirements of this Section shall apply to all expansions, reuse and/or modifications of existing development. Should existing site conditions and/or existing development of the property limit applicability of this Section, the developer may submit a Waiver or Modification request in accordance with the Waivers and Modifications Section of this Ordinance.
(2) MINIMUM REQUIREMENTS.
A. At minimum, a continuous ten-foot (10?) wide Streetscape planting strip, exclusive of easements, shall be located in areas adjacent to an existing or proposed public road provided, however, that a lower width may be permitted by the street improvement standards, Section 31-612(c)(3) (Street Patterns) in order to balance median and sidewalk widths. Up to five (5) feet of this planting strip may be devoted to sidewalk. The planting strip shall be located generally parallel to the existing or proposed road and shall not be located in areas identified for road widening, road projects, drainage areas, BMP areas or other public improvement projects. Minor encroachments in the planting strip by drainage easements may be approved by the Director of Planning and Community Development.
B. Street trees shall be required to be planted within the ten-foot planting strip. One large street tree shall be required every 50 feet or fraction thereof, or, one medium street tree shall be required every 25 feet or fraction thereof. Street trees shall be planted in an even, linear spacing. If minor shifts to the linear spacing are required due to the location of existing infrastructure, development or required sight distance, these shifts may be approved by the Director of Planning.
C. A single row of streetscape shrubs, planted three feet on center, shall be placed within the ten foot planting strip. Effort shall be made to locate this vegetation so to provide most effective screening of parking areas. Berms, three feet in height and a maximum 2:1 slope, may replace streetscape shrubs to a maximum of 50 percent.
Suffolk Development Ordinance View whole ordinance
Unified Development Ordinance
ARTICLE 6 DESIGN AND IMPROVEMENT STANDARDS
SEC. 31-607. PARKS AND OPEN SPACE.
?
(e) PARK DEDICATION/RESERVATION REQUIREMENTS.
?
(8) PRESERVATION OF OPEN SPACE. Open-space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open-space areas may be owned, preserved, and maintained as determined by the Decisionmaker by any of the following mechanisms or combinations thereof:
A. In the design and during subsequent construction, the applicant shall protect and preserve the following existing features: large trees (as set forth in Appendix C of this Ordinance) native vegetation, watercourses and other water areas, historic sites, scenic points and other features within the areas designated for passive open space. Not more than fifty percent (50%) of such features may be removed in areas designated for active open space. All lands located in the Chesapeake Bay Preservation area shall be subject to natural features protection or preservation standards contained in Section 31-415 of this Ordinance in addition to those contained in this Section. This provision shall not affect the validity of any local Ordinance which may establish reasonable rules and regulations and schedules for the planting of new trees in and along areas dedicated for public use, where trees and other natural growth have been destroyed in the construction process.
?
(9) CERTAIN ACTIVITY FORBIDDEN. Following dedication of lands as provided herein, no person shall remove trees, vegetation or topsoil therefrom, nor shall the lands be used for the purpose of stockpiling of earth or construction material, or disposal of construction debris, without the written consent of the Department of Parks and Recreation.
?
Virginia Beach City Code View whole ordinance
APPENDIX A ZONING ORDINANCE
ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS
C. CONDITIONAL USES AND STRUCTURES
Sec. 227. Borrow pits.
?
(b) Special requirements.
?
(7) Roadside landscape. Existing trees and ground cover along public street frontage shall be preserved and maintained and replaced during the period of excavation if the appropriate city authorities deem it necessary.
?
?
(Ord. No. 2145, 6-23-92; Ord. No. 2362, 1-9-96; Ord. No. 2414, 8-13-96)
Virginia Beach City Code View whole ordinance
Chapter 23 OFFENSES
ARTICLE I. MISCELLANOUS OFFENSES
Sec. 23-39. Cutting, etc., of trees, shrubs or other vegetation upon city property.
(a) It shall be unlawful and a Class 3 misdemeanor for any person to cut, trim, damage, deface or remove any tree, shrub or other vegetation upon city property, or to cause, procure or direct the cutting, trimming, damaging, defacing or removal of any such tree, shrub or other vegetation, without the written authorization of the landscape services administrator or the city arborist. If any person shall commit any of the acts prohibited herein upon more than one tree or shrub, a separate violation of this section shall be deemed to have occurred with respect to each such tree or shrub.
(b) The provisions of this section shall not apply to any cutting or trimming of vegetation required by section 23-50 of this Code or to routine trimming of shrubbery upon city property, and shall not apply to city personnel engaged in the performance of their duties.
(Ord. No. 1837, 3-20-89; Ord. No. 2936, 4-4-06; Ord. No. 3122, 3-23-10)
Editor's note? Ord. No. 2936, adopted April 4, 2006, repealed former ? 23-39 of the Code in its entirety and renumbered former ? 23-39.1 as ? 23-39. Former ? 23-39 pertained to damaging or defacing property in or on streets, lanes or public squares and derived from the 1965 Code, ? 23-28.
Sec. 23-50.1. Removal of certain trees.
(a) Upon determination by the code enforcement administrator or the city arborist, or the officers or employees of their respective departments, that there exists upon any land or premises within the city any tree which, by reason of disease, death, injury, infirmity or other condition, presents a danger to property or to the health and safety of persons or other trees or vegetation, notice shall be served upon the owner of such land or premises or his or her agent or upon the occupant thereof to cause such tree to be removed within a reasonable period of time, not less than seven (7) days nor more than thirty (30) days, specified in such notice. If the danger presented by such tree may be eliminated by the removal of a portion of such tree, the notice shall specify the portion or portions of the tree to be so removed. For purposes of this section, the term "tree" shall be cons1d to include the plural of the term.
(b) Service of the notice provided for herein shall be by personal service or by certified or registered mail. In the event the land or premises are vacant and the owner thereof or his or her agent cannot be found by the exercise of due diligence, such notice shall be given by certified or registered mail to the last-known residence or post office box address of the owner and, in addition thereto, shall be posted in a conspicuous place upon the premises. Service of such notice upon one owner or occupant in any manner provided for herein shall be sufficient in the event such land or premises is owned or occupied jointly.
(c) Failure to comply with the terms of a notice issued and served as provided in this section within the time prescribed by such notice shall be punishable as a Class 4 misdemeanor. In addition to any fine imposed hereunder, the code enforcement administrator may, in the name of the city, institute legal action to enjoin the continuing violation of this section and may remove or contract for the removal of any such tree or portion thereof, in which event the cost of such removal, including an administrative fee in the amount of one hundred fifty dollars ($150.00), shall be charged to the person or persons named in the notice and collected by action at law or as delinquent real estate taxes are collected, or both. The remedies provided for herein shall be cumulative in nature.
(d) The provisions of this section shall not amply to any parcel of land greater than one acre in size which is located in an agricultural zoning district and used principally for agricultural or horticultural purposes.
(Ord. No. 1675, 4-13-87; Ord. No. 1919, 10-2-89; Ord. No. 1931, 10-23-89; Ord. No. 2130, 5-12-92; Ord. No 2469, 1-13-98; Ord. No. 3015, 5-13-08)
Virginia Beach City Code View whole ordinance
Chapter 6 BEACHES, BOATS AND WATERWAYS
ARTICLE VII. PERMIT FOR DREDGING, FILLING, ETC., IN WATERS, MARSHLANDS AND LOWLANDS
Sec. 6-154. Issuance; conditions of permit; revocation.
?
(b) In issuing or renewing a permit pursuant to this article, the planning director or his designee may require, as a condition of the permit, any or all of the following in the interest of the public health, safety and welfare:
?
(2) That existing trees and other vegetation located along public street frontage or between the site of the operation and adjacent residential areas be preserved and protected; and
?
?
(Ord. No. 2003, 9-18-90; Ord. No. 2157, 6-23-92; Ord. No. 3418, 6-16-15)
Waynesboro City Code View whole ordinance
Chapter 26 CEMETERIES
Sec. 26-16. Injury, destruction, etc., of markers, plants, decorations, etc.
Any person who willfully or maliciously commits any of the following acts is guilty of a class 1 misdemeanor:
(1) Destroys, removes, cuts, breaks, or injures any tree, shrub or plant within the cemetery;
?
(4) Puts or places rubbish, litter or trash on any monument, tombstone, curbing, tree, shrub, plat, flower or other property in the city's cemeteries.
This section shall not apply to any work which is done by the authorities of the cemetery belonging to it and under its management or control and which does not injure or result in the removal of a tomb, monument, gravestone, grave marker, or vault.
(Code 1964, ? 20-16; Ord. No. 2008-49, ? 5, 6-9-08)
Editor's note? Ord. No. 2008-49, ? 5, adopted June 9, 2008, changed the title of ? 26-16 from defacing monuments, tombstones, etc. to injury, destruction, etc., of markers, plants, decorations, etc.
Waynesboro City Code View whole ordinance
Chapter 74 SUBDIVISIONS
ARTICLE IV. SUBDIVISION DESIGN
DIVISION 1. IN GENERAL
Sec. 74-44. Preservation of natural features and amenities.
(a) Generally. Existing natural features that would add value to residential development or to the city as a whole, such as trees, watercourses, historic sites, and similar irreplaceable assets shall be protected wherever practicable in the design of the subdivision.
(b) Site cover requirements.
(1) In subdivision development trees shall be retained to the extent that, at ten years from date of preliminary plat approval, minimum tree canopies or covers (including retained trees and new trees planted under subsection (d) below) will total as far as possible the following site cover percentages:
Zoning Districts Percentage of Site Cover
- Multiple-Dwelling and Industrial District: 10 Percent
- Single-Family Residential Districts: 20 Percent
The area to be occupied by the estimated building footprint(s) and driveway access area(s) proposed for a development site shall be subtracted from the gross site area before calculating required tree coverage.
(2) As used herein, "tree canopy" or "tree cover" shall include all areas of coverage by plant material exceeding five (5) feet in height, and the extent of canopy at maturity shall be derived from the current edition of "Manual of Woody Landscape Plants" by Michael A. Dirr, or other comparable sources.
(3) The applicant shall consult with the city horticulturist as to trees planted to satisfy canopy requirements stated herein.
(4) To curtail the spread of disease or insect infestation in a plant species, when more than five trees are required to be planted on a site, no more than 50 percent of those trees shall be of one type. When more than 20 trees are required on a site, no more than 25 percent of the required trees shall be of a single species.
(c) Existing trees.
(1) The applicant shall provide a tree protection plan to be approved by the city horticulturist and shall protect existing trees, where possible, in the design and development of a subdivision and replace those trees necessarily removed during such development.
(2) All trees that are to be retained shall be marked and protected during construction, with tree wells provided where necessary to protect the tree from changes in grade.
(3) Existing trees infested with disease or insects or structurally damaged to the extent that they pose a hazard to persons or property, or to the health of other trees on site, shall not be included to meet the tree cover requirements.
(d) New trees.
(1) New streets. The applicant shall plant shade or ornamental trees along both sides of all new streets. Such trees shall be spaced not more than 50 feet apart on each side of the street off the city right-of-way. Such trees shall be at least two inches in caliper.
(2) Developer shall be encouraged but not required to plant trees in addition to those required under subsection (d)(1) of this section.
(e) Waiver. The requirements of this section 74-44 may be waived, in whole or in part, by the city council in one or more of the following circumstances:
(1) To allow for the reasonable development of areas devoid of woody materials, dedicated school sites, playing fields and other non-wooded recreation areas, and other facilities and uses of a similar nature.
(2) To allow for the preservation of wetlands.
(3) When strict application of the requirements would result in unnecessary or unreasonable hardship to the developer as provided in section 74-126 of this chapter.
(Ord. No. 2000-56, 11-27-00)
Sec. 74-45. - Soil erosion and sediment control.
(a) The applicant shall submit a soil erosion and sediment control plan to be approved in accordance with the provisions of chapter 30 "Environment" of this Code. Such plan shall include measures to control soil erosion both during and after construction.
(b) In order to stabilize grade areas, grass shall be re-seeded on cleared areas in accordance with chapter 30 of this code. Sod may be used to comply with this requirement.
(c) Except as otherwise provided herein, no cut trees, timber, debris, junk, rubbish or other waste materials of any kind shall be left deposited on any lot or street at the time of issuance of a certificate of occupancy. Removal of such debris and waste shall be considered a prerequisite of the issuance of a certificate of occupancy. No such debris shall be left or deposited in any area of the subdivision at the time of expiration of any subdivision improvement agreement or dedication of public improvements, whichever is sooner.
(Ord. No. 2000-56, 11-27-00)
Waynesboro City Code View whole ordinance
Chapter 90 VEGETATION
ARTICLE II. PUBLIC TREES
Sec. 90-33. Pruning; removal; replanting; replacement.
(a) No person shall prune, remove, disturb, and/or otherwise alter a tree from the treelawn for any reason without first filing an application and procuring a permit from the city horticulturist.
(b) The city horticulturist shall not remove or permit removal of all or any part of any tree from any street, alley, right of way or easement, or public place owned by the city, unless he has determined that such tree is:
(1) Significantly interfering with new construction;
(2) Irreversibly infected with disease;
(3) Irreversibly infected with injurious insects or pests;
(4) Is endangering or is likely to endanger streets, highways, sidewalks, sewers, utility installations, property, vehicles or the traveling public; and/or
(5) Is dead.
? Wherever it is deemed necessary by the city to remove a tree from a treelawn in connection with construction, such as the paving of a street, or the paving or widening of the portion of a street or highway used for vehicular traffic, the city shall replant such trees or replace them whenever possible.
(d) If it is determined that a tree should be removed from a treelawn due to construction requested by an individual or any other entity, other than the city, the person or property owner shall bear the cost of removal and replacement of all trees removed; the work shall be completed to the satisfaction of the city horticulturist and abide by the city's tree removal and planting specifications.
? All stumps of trees removed from public property shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(Code 1964, ? 29-8; Ord. No. 2007-41, 5-29-07)
Waynesboro City Code View whole ordinance
Chapter 90 VEGETATION
ARTICLE II. PUBLIC TREES
Sec. 90-29. Abuse or mutilation of public trees.
(a) Unless specifically authorized in writing by the city horticulturist, no person shall damage, cut, carve, transplant, remove and/or otherwise alter any public tree; attach any rope, wire, nails, advertising posters or other contrivance to any public tree; allow any gas, liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor and, in addition thereto, shall be responsible for the cost of repair or replacement of any public tree so damaged.
(b) It shall be unlawful to top any street tree, park tree and/or any other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstruction where other pruning practices are impractical may be exempted from this subsection at the determination of the city horticulturist.
(Code 1964, ? 29-4; Ord. No. 2007-41, 5-29-07)
Sec. 90-30. Protection of trees.
(a) All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work shall be guarded with a good substantial fence, frame or box not less than four feet high and eight feet square or at a distance in feet from the tree equal to the diameter of the trunk in inches dbh (diameter at breast height), whichever is greater. Said guarding shall be performed by the individual(s) conducting the excavation or construction, and done at the sole cost of the individual excavating or constructing. Under no circumstance shall the city be required to perform the guarding unless the city is the party conducting the excavation or construction alluded to herein. All building material, dirt or other debris shall be kept outside the barrier and adequacy of the guarding procedures and devices implemented according to this section will be determined under the sole discretion of the city horticulturist.
(b) No person shall excavate any ditches, tunnels, trenches or lay any drive within a radius of ten feet from any public tree without first obtaining written approval from the city horticulturist's office.
? The public works department of the city shall notify the city horticulturist in advance of any applications for new curb, gutter, sidewalks, and/or driveway installations, and/or other improvements which might require the removal of and/or cause injury to any street tree, and/or its root system, and/or interfere with the fulfillment of the street tree plan, and/or require the planting or cultivation of trees on public property.
(Code 1964, ? 29-5; Ord. No. 2007-41, 5-29-07)
Sec. 90-31. Placing materials on public property.
No person shall deposit, place, store or maintain upon any public place of the city any stone, brick, sand, concrete or other materials which may impede the free passage of water, air and fertilizer to the root of any tree growing thereon except by written permit of the department of parks and recreation.
(Code 1964, ? 29-6; Ord. No. 2007-41, 5-29-07)
Winchester City Code View whole ordinance
CAHPTER 18 PARKS AND RECREATION
SECTION 18-9. PARK PROPERTY-PROHIBITED ACTS.
At all times while upon property owned and/or operated by the Winchester Department of Parks and Recreation, patrons shall adhere to the Rules and Regulations promulgated by the Parks and Recreation Department and the Parks and Recreation Advisory Board.
Failure to adhere to these Rules and Regulations may result in immediate eviction from park property.
In addition to any penalty imposed by applicable law, any patron who fails to cease and desist a prohibited act or leave park property upon notification by a City employee or law enforcement officer, shall be subject to a criminal charge for trespass.
Such prohibited acts shall include the following:
Prohibited acts--Generally. The following shall be the general prohibited acts:
?
3. Removal of natural resources. No person in a park shall dig or remove any sand, soil, rock, stones, water, trees, shrubs, fruit, flowers or plants, downed timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency.
?
Prohibited acts--Trees, shrubbery, lawns. The following shall be the prohibited acts for trees, shrubbery, lawns, etc. on park property:
1. Injury and removal. No person in a park shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant; nor attach any rope, nail, wire, or other contrivance to any tree or plant; or dig in otherwise distributed grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.
2. Climbing trees, etc. No person in a park shall climb any tree or walk, stand, sit or attach any rope or cable or other contrivance upon monuments, vases, fountains, railings, fences, buildings, or upon any other property not designated or customarily used for such purposes.
?
(Ord. No. 2011-16, 7-12-11)
Winchester City Code View whole ordinance
CHAPTER 30 VEGETATION
ARTICLE II. TREES ON PUBLIC PROPERTY
DIVISION 1. GENERALLY
SECTION 30-21. PERMIT FOR CUTTING AND REMOVAL.
(a) No cutting, meaning removal and/or destruction, of any live tree in any street, park, public place or grounds in connection with the work of any City department or agency of the City, other than the City Manager, or of any public service corporation or other person having a right to use the street, park, public place or grounds shall be done except upon issuance of a permit and in such manner as directed by the City Arborist, who may, at his option, consult the Environmental Sustainability Taskforce before directing such work to be performed or issuing any permit for same.
(b) Cutting, removal, or destruction of any live tree in any street, park, or public place or grounds that is done in connection with the work of any City Department or agency of the City as authorized by the City Manager or of any public service corporation or other person having lawful a right delegated by Common Council to use the street, park, public place or grounds and cut or remove trees in connection with said use, shall be exempted from the permit requirements of Section 30-21(a).
(Code 1959, ?19-11; Ord. No. 020-2001, 5-8-2001; Ord. No. 2009-30, 10-13-09; Ord. No. 2013-34, 11-12-13)
SECTION 30-22. REMOVING OR DAMAGING PROTECTIVE DEVICES.
It shall be unlawful for any person to remove, injure or misuse any guard or device placed or intended to protect any tree growing in any street, park or public place or grounds.
(Code 1959, ?19-2)
SECTION 30-23. PROTECTION DURING BUILDING OPERATIONS.
In the erection, alteration or repair of any building or structure, the owner thereof shall place, or cause to be placed, in accordance with the directions of the City Arborist, who may, at his option, consult the Environmental Sustainability Taskforce, such guards around nearby trees in the streets or public places or grounds as shall effectively prevent injury to such trees.
(Code 1959, ?19-14; Ord. No. 020-2001, 5-8-2001; Ord. No. 2009-30, 10-13-09; Ord. No. 2013-34, 11-12-13)
SECTION 30-24. OBSTRUCTING FLOW OF WATER AND AIR TO ROOTS.
It shall be unlawful for any person to place or maintain in a street or public place or grounds, any stone, cement or other substance which shall impede the free entrance of water and air to the roots of any tree.
(Code 1959, ?19-3)
SECTION 30-25. DESTRUCTION OF TREES, SHRUBS, ETC.
It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon any land reserved, set aside or maintained by the City as a public park, or as a refuge or sanctuary for wild animals, birds or fish without having previously obtained the permission in writing of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same be done under the personal direction, such superintendent or custodian of such park, refuge or sanctuary.
Any person violating this section shall be guilty of a Class 3 misdemeanor; provided, however, that the approval of the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit.
(Code 1950, ?18.1-178; 1960, c. 358; 1975, cc. 14, 15; 1976, c. 757.)
State Law Reference--Similar provision, Code of Virginia, ?18.2-140.
Winchester City Code View whole ordinance
CHAPTER 9 WATER PROTECTION
SECTION 9-81. MANAGEMENT OF A STREAM BUFFER.
Each stream buffer required to be established or maintained pursuant to this Article shall be managed as provided herein:
(a) The target vegetative cover in a stream buffer area shall be an indigenous riparian forest with ground cover, shrub and tree canopy layers.
(b) Within twenty-five (25) feet of the top of the stream bank and on land classified as nontidal wetland:
(1) Indigenous riparian vegetation shall be preserved, or, where it does not exist, it shall be restored or allowed to evolve by natural succession;
(2) Dead, diseased, and dying trees may be removed;
(3) Fallen trees that are blocking stream channels, or trees with undermined root systems in imminent danger of falling, may be removed where stream bank erosion is a current or potential problem that outweighs any positive effects the fallen tree or trees may have on the stream ecosystem;
(4) Removal or pruning of invasive shrub and vine species is allowed, provided that such removal or pruning is done in a manner that prevents erosion;
(5) Unpaved pathways and trails may be constructed and maintained in a manner that will effectively control erosion and to minimize adverse impacts to the buffer, subject to applicable provisions of ?9-83, below; and
(6) Stormwater channels may be constructed and maintained in a manner that will prevent erosion and minimize adverse impacts to the buffer.
? Beyond twenty-five (25) feet from the top of the stream bank to the limits of the required buffer:
(1) Dead, diseased and dying trees may be removed;
(2) Trees 6 inches in diameter or greater, measured 48 inches from the ground, shall be preserved;
(3) Removal or pruning of invasive shrub and vine species shall be allowed, provided that such removal or pruning is done in a manner that prevents erosion; and
(4) Unpaved pathways and trails may be constructed and maintained in a manner that will effectively control erosion and minimize adverse impacts to the buffer, subject to applicable provisions of ?9-83, below.
(5) Stormwater channels may be constructed and maintained in a manner that will prevent erosion and minimize adverse impacts to the buffer.
(d) Where an existing structure (i.e. building, street, road, bridge, etc.) is located within the buffer, vegetation, not including the ground cover, can be removed within 15 feet of the structure. Removal of additional vegetation can be allowed if required by State or Federal requirements or if necessary for the health, safety or welfare of the City?s citizens and approved by the City Engineer.
Woodstock Town Code View whole ordinance
Chapter 26 ENVIRONMENT
ARTICLE VI. URBAN FORESTRY
Sec. 26-104. Planting, maintenance and protection of public trees. Modified
(a) Planting.
(1) Any tree or shrub planted on public property shall be of an approved species as outlines in "The Preferred Species List" adopted by this commission.
(2) Any tree or shrub not on the preferred species list shall not be planted on public property without the specific approval of the urban forestry advisory commission.
(3) Any tree or shrub shall be properly planted according to the standards and guidelines adopted by this commission.
(b) Maintenance.
(1) All outside contractors hires for pruning and/or maintenance of town owned trees shall meet the following requirements:
a. Have a current town business license.
B. Provide proof of liability and Workmen's Compensation Insurance in amount established by the town council.
C. Have at least one Virginia State certified arborist on staff to generally oversee all work.
(2) All town-owned trees shall be maintained in accordance with the American National Standards Institute's ANSI A300 Standard Practices (or most recent update). No town-owned tree shall be "topped" nor shall any climbing spurs be used when working on live trees.
(3) All tree pruning around utility lines shall be performed in accordance with the guidelines in "Pruning Trees Near Electric Utility Lines" by Dr. Alex L. Shigo.
(4) No private citizen shall cut, prune, or elevate any town-owned tree in conflict with guidelines adopted by the urban forestry advisory commission, without prior approval of the town manager.
(5) The town should maintain elevation of town-owned trees to a height of 13 feet over roadways and a height of eight feet over public sidewalks where possible.
(6) Town maintenance of trees and vegetation in public rights-of-way.
A. The town is to cut and/or remove weeds, brush, plants, grass or other vegetation growing in the public alleys, unimproved streets and other unimproved rights-of-way. Any adjacent property owner, tenant or citizen, at their own expense, may cut and/or remove any weeds, brush, plants, grass or other vegetation, except trees in excess of three inches caliber measured 12 inches from the ground, growing in the public alleys, unimproved streets and other unimproved rights-of-way and in the unimproved portion of the public right-of-way lying between any public property and private property lines.
B. If any tree growing in a public alley, unimproved street or other unimproved right-of-way is dead or growing in such a manner that the branches, limbs or other parts of the tree extend or protrude onto private property in a manner that constitutes a danger to citizens or property, the town will cut and remove or prune such tree once it has been notified of the condition of the tree. It shall be the responsibility of the adjoining property owner or tenant to notify the town when a tree is growing in such a manner that it needs to be cut and removed or pruned.
? Protection.
(1) Abuse, mutilation, or damage to public trees. Unless specifically authorized by the urban forestry advisory commission, it shall be unlawful for any person to intentionally damage, cut, carve, transplant or remove any tree on public property, nor attach any rope, wire, nails, advertising posters or other contrivance to any public tree, nor allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with them, nor set fire or permit any fire to burn when such fire of the heat thereof will injure any portion of any public tree. Any person found to violate the provisions of this section shall be responsible for the cost of repair, or removal and replacement, of any public tree so damaged. The owner of any vehicle that accidentally damaged any tree on public property shall be responsible for the cost of repair, or removal, and replacement, of any public tree damaged.
(2) Protection of trees.
A. Where any excavation or construction of any building or structure is proposed within the dripline of a tree located on any street or other publicly owned property, such tree shall be guarded with a good substantial fence placed at least three feet from the trunk of the tree, or at a distance in feet from the tree equal to the diameter of the trunk measured in inches at breast height, whichever is greater. All equipment, building material, dirt or other debris shall be kept outside the barrier.
B. Except in an emergency situation as determined by the town manager, no person shall excavate any ditches, tunnels, trenches, or lay any drive within a distance equal to one-quarter the distance from the dripline to the trunk of any public tree.
(3) Placing material on public property. Except for refuse collection activities, no person shall deposit, place, store or maintain upon any public place of the town any stone, brick, sand, concrete or other materials that may impede the free passage or water, air and fertilizer to the roots within the dripline of any tree growing thereon.
(4) Improper planting. Whenever any tree is planted or set out in conflict with the provisions of this chapter, the town manager or the urban forestry advisory commission may pursue removal of said tree and initiate effective remedies.
(Ord. of 9-7-2004)