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Abingdon Town Code 
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Chapter 78 TREES, SHRUBS AND VEGETATION
ARTICLE II. CREATION OF TOWN ARBORIST POSITION AND TREE COMMISSION
Sec. 78-5. Town arborist.
There is hereby created the position of town arborist, who shall act under the direction and control of the town manager. The town manager shall employ or contract for the services of the town arborist.
(1) Qualifications. Where possible the town arborist shall be a person trained in arboriculture or forestry, with appropriate certification in the particular field or fields concerned, failing which the town manager may employ or enter into a contract with a person who has at least three years experience in municipal tree work or its equivalent and possesses sufficient administrative and management skills to perform the duties specified in this ordinance. If the person appointed is not so certified, the town manager shall specify a six month probationary period within which the person must, as a condition of employment, obtain an arborist certification by the International Society of Arboriculture or comparable certification.
(2) Duties. The town arborist shall; in coordination with the town's public works or other departments, or private contractors when approved by the town manager, plant, maintain and otherwise care for, or if necessary remove, any public tree or shrub. The responsibilities of the town arborist shall include but not be limited to:
a. Advising the town manager, town council and the town's public works and other departments on all matters pertinent to public trees; and, reviewing, and supervising all municipal tree care operations and site plan work involving public trees.
B. Attending each meeting of the tree commission and informing it in advance about all pending and proposed municipal tree care operations and site plan work involving public trees in sufficient time for the tree commission to take any action permitted or required under the provisions of this article.
C. Under the supervision of the town manager, applying for federal, state or private grants, funding or other assistance to accomplish the purposes and intent set forth in sec. 78-2 of this article.
D. Developing, implementing and maintaining an urban forestry management program which provides for annual public tree planting and establishes care, maintenance and replacement standards and procedures for public trees. Reducing such program to writing in the form of a comprehensive tree management plan for review by the tree commission and the town council.
E. Preparing annually for review by the town public works department and tree commission, a municipal tree care budget together with an annual report on the work of the town arborist including (but not limited to) all municipal tree care operations and site plan work involving public trees and an evaluation of the progress made in meeting the goals of this ordinance.
F. In cooperation with the town manager and tree commission, promoting, by conducting public seminars, courses, lectures, workshops, continuing education and other educational programs, public appreciation for the town's urban forest and importance of the standards and procedures established in this article.
G. When and as requested by the town manager and tree commission, providing private citizens with advice regarding the care and maintenance of their trees. Supporting other groups interested in urban forestry.
H. Reporting directly to the town manager on any or all municipal tree operations and site plan work involving public trees, as the town manager may from time to time direct, and taking such other action as shall be needed to accomplish the purposes of this ordinance.
i. Coordinate, by meeting and consulting with appropriate public utility personnel in advance, all public utility operations that might adversely affect public trees.
(Ord. of 8-7-00)
Sec. 78-6. Tree commission.
There is hereby created a commission to be known as the "tree commission". The tree commission shall be composed of five voting members appointed by the town council. In addition, the town arborist shall be a non-voting member. A quorum for the transaction of business by the commission shall be at least three voting members.
(1) Qualifications and compensation. The five voting members of the tree commission shall be persons who have expressed interest in the care and preservation of the town's urban forest. All of the members of the tree commission shall serve without compensation, but all necessary expenses of the tree commission shall be paid by the town pursuant to appropriate action by the town council.
(2) Terms of office. The five voting members appointed by the town council shall be appointed for three year staggered terms and serve until their respective successors are appointed. Of the members initially appointed one shall serve for one year, two shall serve for two years, and two shall serve for three years. Thereafter, all members shall serve three year terms. Vacancies caused by death, resignation or otherwise shall be filled for the unexpired term in the same manner original appointments are made. The mayor shall have the discretion to appoint members to serve consecutive terms and also to remove them for habitual failure to attend meetings. Members may serve any number of terms but not more than two terms consecutively.
(3) Duties of tree commission. The duties of the tree commission shall be as follows:
a. Within a reasonable time after appointment, conduct an organizational meeting to elect a chairman, vice-chairman and standing committee chairs as needed, and provide for the adoption of rules and procedures for holding public meetings. The town arborist shall act as secretary and conduct the daily affairs of the tree commission. The secretary shall cause a record to be kept of all proceedings, resolutions, findings and actions taken by the tree commission. The commission's records shall be filed with the town clerk.
B. To provide regular meetings at least once each month and such special meetings as the tree commission deems necessary, each open to the public; to support the efforts of other groups interested in urban forestry: to sponsor tree planting projects and the observance of National Arbor Day; and, to conduct seminars, workshops and other public education programs.
C. To assist the town arborist with the formulation and revision of the comprehensive tree management plan, as well as a yearly evaluation of progress toward meeting the goals set in this section.
D. To assist the town arborist in applying for federal, state or private grants, funding or other assistance.
E. With the assistance of the town arborist, to review each pending and proposed municipal tree care operation and site plan work involving trees. Any differences of opinion about what protective procedures should be followed in any such matter shall be resolved by majority vote at a meeting of the commission.
F. To provide by its public meetings a forum in which interested persons shall have the opportunity to submit for discussion their questions and opinions regarding the town's tree management.
(Ord. of 8-7-00)
Abingdon Town Code View whole ordinance
Chapter 78 TREES, SHRUBS AND VEGETATION
ARTICLE II. CREATION OF TOWN ARBORIST POSITION AND TREE COMMISSION
Sec. 78-7. Tree management plan.
With the advice and participation of the tree commission, the town arborist is hereby authorized and directed to formulate, revise and administer a comprehensive tree management plan to govern the planting, maintenance and replacement of trees planted in public areas. The comprehensive tree management plan shall make provision for educating the public about trees and include (but not be limited to) an inventory of tree resources, standard planting, maintenance, replacement and tree cover specifications and needed maintenance work complete with cost and time schedules.
(Ord. of 8-7-00)
Abingdon Town Code View whole ordinance
Chapter 78 TREES, SHRUBS AND VEGETATION
ARTICLE III. SUPERVISION AND AUTHORITY IN MUNICIPAL TREE CARE OPERATIONS
Sec. 78-8. Responsibility of town arborist coordination with town departments.
The town arborist shall be responsible for reviewing, preparing comments on and supervising all proposed municipal tree care operations and site plan work and taking such other action as shall be needed to accomplish the purposes of this article. To enable performance of such duties, the town's public works and all other affected departments shall coordinate with the town arborist prior to commencing any public work that might require the removal of or cause injury to any public tree or its root system, as follows:
(1) Applicability to specific projects. This section covers but is not limited to all (a) plans to install water or sewer lines, curbs, gutters, sidewalks, driveways or any other improvements that might cause injury to public trees; and, (b) planting, maintenance, protection and all other work pertinent to public trees.
(2) Notice requirement. Prior to the commencement of any work specified in this section, the department concerned shall give notice outlining the proposed project in sufficient detail and providing a sufficient amount of time to enable the town arborist to inspect the work site, evaluate the degree of the risk of injury and submit to the party responsible for the work written instructions designed to protect any tree or trees at risk.
(3) Supervisory authority. When and as appropriate the town arborist shall advise town work crews about matters relating to planting, maintenance, removal and protection of public trees. Additionally, the town arborist shall have supervisory authority in all municipal tree care and site plan work and authority to inspect such work, together with the duty to inspect, to the end that all work done under the terms of this section shall be in full compliance with any instructions by the town arborist.
(4) Applicability to independent contractors. All of the provisions of this section shall apply in full force and effect to independent contractors and their crews hired by the town to perform any of the services or operations specified. Nothing stated in this subsection in any way relieves the town's public works or any other department of the responsibility of providing notices to the town arborist as required in subsection (2).
(Ord. of 8-7-00)
Abingdon Town Code View whole ordinance
Chapter 78 TREES, SHRUBS AND VEGETATION
ARTICLE IV. PLANTING, MAINTENANCE AND PROTECTION OF PUBLIC TREES
Sec. 78-9. Planting of public trees.
This article charges the town arborist with the responsibility of insuring that any tree or shrub planted in a public area is one of an approved species which is properly planted according to the standards and guidelines outlined in the comprehensive tree management plan.
(Ord. of 8-7-00)
Abingdon Town Code View whole ordinance
Chapter 78 TREES, SHRUBS AND VEGETATION
ARTICLE VI. ADMINISTRATIVE PROVISIONS
Sec. 78-15. Performance evaluation of ordinance.
The town arborist shall collect and maintain all records and data necessary or desirable to evaluate whether progress is being made toward the stated goals of this chapter. At its first meeting for 2001 and each year thereafter the town arborist shall present to the town council its summary and analysis for the preceding calendar year, together with any recommendations for changes in the procedures outlined in this chapter. Thereafter, the town council shall consider the report and recommendations and take all actions deemed necessary to accomplish the goals of this ordinance, including (but not limited to) revision or amendment of the ordinance or the adoption of other resolutions or ordinances.
(Ord. of 8-7-00)
Alexandria County Code View whole ordinance
TITLE 5 Transportation and Environmental Services
CHAPTER 11 Gypsy Moth Control
Sec. 5-11-4 Notice to owner.
The city manager or the designee of the manager shall give notice in writing to the owner of any real property which has been determined to contain a level of gypsy moth infestation which poses a danger to trees on public or other private property that, within seven (7) days from receipt of the notice, the owner must act to suppress or control the gypsy moths by a method approved by the city and that, if the owner fails to so act, the city will undertake the appropriate suppression or control activities, will bill the owner for the costs of such activities and will, in the event of nonpayment, collect the costs in the same manner as unpaid city taxes. The methods employed by a property owner to suppress or control gypsy moths shall be subject to inspection and approval by the city after implementation by the property owner. Mailing to the last known post office address shall constitute sufficient service upon owners who cannot be found after a reasonably diligent search or who are nonresidents.
(Ord. No. 2800, 5/14/83, Sec. 1; Ord. No. 3239, 10/19/87, Sec. 3)
Sec. 5-11-5 Action by city; billing and collection of charges; unpaid bill a lien.
Whenever an owner of real property who has received a notice under section 5-11-4 refuses, neglects or fails to act to suppress or control the gypsy moths on his/her property, the city may act to suppress or control the gypsy moths. The costs of such city action shall be forthwith computed, and a bill for such costs shall be prepared by the department of finance and mailed to the owner at his/her last known address within a reasonable time after the city has acted. In the event the city does not receive payment of the billed costs within 30 days after mailing the bill, the director of finance shall see that the costs are charged to the owner and collected in the same manner as unpaid city taxes. In addition, all such costs which remain unpaid shall constitute a lien against the owner's property.
(Ord. No. 2800, 5/14/83, Sec. 1; Ord. No. 3239, 10/19/87, Sec. 4)
Sec. 5-11-6 City action to control gypsy moths on private property; notice of action.
Notwithstanding any other provision of this chapter, if the city manager or the designee of the manager determines that the level of gypsy moth infestation in an area of the city equals or exceeds the infestation level established by the Virginia Department of Agriculture and Consumer Services for the sharing of costs in gypsy moth suppression programs, the city manager or the designee of the manager may undertake on public and private property within and adjacent to the infested area any of the suppression or control methods in section 5-11-1. At least 10 days prior to undertaking any such methods, the city shall send notice of the city's intended action to all owners and occupants of real property within the area to be treated. Such notice shall specify the suppression or control method to be used, shall state the date or dates on which the method is expected to be applied, and shall be mailed or hand-delivered to the last known post office address of the owners and occupants of such real property.
(Ord. No. 3239, 10/19/87, Sec. 5)
Alexandria County Code View whole ordinance
TITLE 5 Transportation and Environmental Services
CHAPTER 3 Underground Utilities
Sec. 5-3-4 Variance or waiver of provisions of article.
(a) The director of transportation and environmental services may waive one or more of the requirements of this article pertaining to new or expanded overhead customer utility services, provided that the director makes the following findings with respect to the customer utility service to which the waiver pertains:
(i) that the person seeking the waiver has submitted a written application on a form provided by the director;
(ii) that the person seeking the waiver has paid an application fee of $100;
(iii) that one or more of the following criteria are met:
a. the city arborist has determined that the new or expanded customer utility service, if placed underground, would endanger an existing mature tree by damaging its root system;
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(Code 1963, Sec. 39A-4; Ord. No. 3575, 5/16/92, Sec. 1; Ord. No. 3587, 6/13/92, 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:
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(10) A general description of existing trees, shrubs, grass, weeds, vegetation, ground cover and other plant life.
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(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. 6-2-1 Management and supervision.
The director of recreation, parks and cultural activities (hereinafter "director") or his duly authorized representative, under the city manager, shall have general management and supervision of all trees, shrubs, plants and vegetation embraced by this article.
(Code 1963, Sec. 39-1; Ord. No. 2699, 6/12/82, Sec. 1; Ord. No. 3283, 4/16/88, Sec. 1)
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. 6-2-22 Same?procedure to correct violations of preceding section.
When a violation of section 6-2-21 of this code is observed, the city manager shall have a written notice to correct the condition served upon the owner, operator, occupant or other person growing or permitting the growth of such tree, shrub, plant or other vegetation. Personal service of the notice or mailing the notice to the last known address of the owner of the premises, by registered mail, shall be deemed sufficient service. Any such notice shall describe the violation, describe the corrective measures necessary and set forth a time limit for compliance, dependent upon the hazard created, which time limit shall however not be less than seven (7) days nor more than 30 days from the service of the notice.
(Code 1963, Sec. 39-10)
Sec. 6-2-23 Same?final action by city upon failure to comply with section 6-2-22.
The director of recreation, parks and cultural activities, or his duly authorized representative, may trim or prune the trees, shrubs, plants or other vegetation described in the notice in section 6-2-22 in the event there is no appeal and there is failure to comply with the notice when-the time limit prescribed therein has expired. Such action by the director shall not preclude any criminal proceeding for the violation.
(Code 1963, Sec. 39-11; Ord. No. 3283, 4/16/88, 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. 6-2-32 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
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. 6-2-35 Same?replacement of trees as a condition.
The arborist, or the planning commission, may require an applicant, as a condition of the issuance of a permit as provided by section 6-2-34 of this code, to implement a suitable plan for the replacement of the trees to be removed pursuant to the permit, which plan shall be provided by the applicant and approved by the arborist, or the planning commission, indicating the location, size, quantity and species of replacement trees to be provided. Any plans shall be limited to the parcel to which the permit would pertain. In determining whether such a plan shall be required as a condition of the issuance of the permit, the arborist, or the planning commission shall consider the intended use of the property and evaluate the effect of the removal or destruction of the trees for which the permit is sought, giving consideration to the following factors:
(1) existing tree coverage, size and type;
(2) number of trees to be removed on the entire property;
(3) the area to be covered with structures, parking and driveways;
(4) the grading plan and drainage requirements; and
(5) the character of the site and its environs.
(Code 1963, Sec. 39-12.5)
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. 6-2-36 Same?exemptions.
The city manager may authorize the removal of any tree for which a permit is required by this article without the issuance of a permit if he determines that the tree constitutes a hazard to the public health or safety and requires immediate removal, or in the event of a natural disaster, a man-made disaster or local emergency as defined in section 4-3-2 of this code.
(Code 1963, Sec. 39-12.6)
Alexandria County Code View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities
CHAPTER 2 Trees, Shrubs, Plants and Vegetation
ARTICLE C Removal or Destruction of Trees on Private Property
Sec. 6-2-37 Designation of historic trees.
(a) The city manager may designate as an historic tree any tree which she deems to be of notable historic interest because of its age, size, species, condition or historic association. Except as provided by section 6-2-36 of this code, or as may be approved by the city council after a public hearing, no historic tree shall be removed or destroyed.
(b) No historic designation shall be made with respect to any tree or trees on property other than public property except following 21 days written notice by mail to all owners of record of the parcel on which the tree or trees to be designated are located and the owners have been given an opportunity to submit written comments to the city manager.
(c) The city manager shall establish, and thereafter may amend, regulations for the administration of this section. The manager shall transmit such regulations, and any amendments thereto, to city council for its review and approval; provided, that any regulations established by the manager and any amendments thereto shall be effective upon their issuance by the manager and shall remain in effect unless and until disapproved by city council. The regulations established under this section shall at minimum include:
(1) reasonable criteria for rating the factors of age, size, species, condition and historic association;
(2) reasonable procedures for identifying the injury to the public health, safety and general welfare which would result from removal or destruction of the tree or trees to be designated and for determining whether such designation would substantially advance the purpose of protecting against the injury identified;
(3) reasonable procedures for determining the diminution, if any, in the use or value of private property which would be caused by the designation and for determining whether any such diminution would be disproportionate to the injury to the public health, safety and general welfare which would be caused by the removal or destruction of the tree and would result in an unconstitutional deprivation of all or substantial use or value of private property; and
(4) reasonable procedures for appealing to city council, in the manner provided in section 6-2-51,the manager's decision to designate or not to designate any tree or trees.
(Code 1963, Sec, 39-12.7; Ord. No. 3298, 6/18/88 Sec. 5)
Sec. 6-2-38 Designation of specimen trees.
(a) The city manager may designate as a specimen tree any tree which she deems to be of extraordinary value because of its age, size, species, condition or quality of uniqueness. Except as may be provided by section 6-2-36 of this code, or as may be approved by the city council after a public hearing, no specimen tree shall be removed or destroyed.
(b) No specimen designation shall be made with respect to any tree or trees on property other than public property except following 21 days written notice by mail to all owners of record of the parcel on which the tree or trees to be designated are located and the owners have been given an opportunity to submit written comments to the city manager.
(c) The city manager shall establish, and thereafter may amend, regulations for the administration of this section. The manager shall transmit such regulations, and any amendments thereto, to city council for its review and approval; provided, that any regulations established by the manager and any amendments thereto shall be effective upon their issuance by the manager and shall remain in effect unless and until disapproved by city council. The regulations established under this section shall at minimum include:
(1) reasonable criteria for rating the factors of age, size, species, condition and quality of uniqueness;
(2) reasonable procedures for identifying the injury to the public health, safety and general welfare which would result from removal or destruction of the tree or trees to be designated and for determining whether such designation would substantially advance the purpose of protecting against the injury identified;
(3) reasonable procedures for determining the diminution, if any, in the use or value of private property which would be caused by the designation and for determining whether any such diminution would be disproportionate to the injury to the public health, safety and general welfare which would be caused by the removal or destruction of the tree and would result in an unconstitutional deprivation of all or substantial use or value of private property; and
(4) reasonable procedures for appealing to city council, in the manner provided in section 6-2-51, the manager's decision to-designate or not to designate any tree or trees.
(Code 1963, Sec. 39-12.8; Ord. No. 3298, 6/18/88, Sec. 6)
Sec. 6-2-39 Interim designation of historic or specimen trees.
Whenever the arborist has determined that any tree should be protected by designation as an historic or specimen tree under the provisions of section 6-2-37 or 6-2-38, and the city manager has determined to proceed with designation, the city manager shall forthwith issue an interim designation of such tree as an historic tree or a specimen tree, as the case may be. No tree so designated shall be removed or destroyed except as provided in section 6-2-36. Such interim designation shall remain in force and effect for 30 days: provided, however, that no such interim designation shall continue in force and effect beyond the time at which the manager determines to approve or disapprove the designation under the provisions of section 6-2-37 or 6-2-38. Notice of such interim designation shall be posted in a prominent and secure fashion on or about any tree or group of trees so designated. No such notice shall be removed or destroyed other than pursuant to the directive of the city manager, and the unauthorized removal of such notice shall constitute a separate offense under the provisions of this chapter. Such notice shall clearly state that removal or destruction of such tree or trees and/or removal or destruction of such notice, constitutes a violation of this chapter and shall set forth the penalty provided by law upon conviction of such offense.
(Ord. No. 3289, 4/26/88, Sec. 2; Ord. No. 3298, 6/18/88, Sec. 7)
Arlington County Code View whole ordinance
Chapter 22 STREET DEVELOPMENT AND CONSTRUCTION
Sec. 22-7. Charges.
The cost of the engineering services including review and approval of civil engineering plans, building plans, right-of-way use permits, supervision and inspection of construction, shall be borne by the owner or developer at the charges set out below.
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F. Driveways, sidewalks, curb and gutter and landscaping:
- Street trees base permit fee (not related to a site plan development): $30.00
Arlington County Code View whole ordinance
CHAPTER 67 Trees and Shrubs.
ARTICLE 2. Regulation of Trees and Shrubs on Public Property.
67-2-1. Treatment of Trees and Shrubs.
The planting, pruning, maintaining, removal, or other treatment of trees and shrubs upon the streets, public rights-of-way, other County-owned public lands, and public vehicular or public pedestrian access easements where Arlington County is responsible for the maintenance of such easement shall be under the direction of the County Manager. Such planting, pruning, removal, or other treatment shall be in accord with the Tree Guidelines and shall not be performed without the County Manager's approval if such planting, pruning, removal, or other treatment is performed by other than County employees or County contractors or agents. Volunteer Maintenance Contractors shall be deemed to have the County Manager's approval for pruning and maintaining, but not removal of or injury to, the trees or shrubs specified in their agreement with the County. Permission is not required for routine watering and mulching of County-owned trees.
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.
67-3-1. Designation.
(a) A County Urban Forester or an arborist designated by the County Manager may, in accordance with the provisions of this Article, recommend to the County Board that certain trees located within the County on public property or private property, excluding parcels used for a single-family dwelling unless the owner of such property consents to the designation of such tree, be designated by ordinance as Heritage, Memorial, Specimen, or Street Trees. The County Board shall hold a public hearing prior to so designating any Heritage, Memorial, Specimen, or Street Tree. Trees may be recommended to the Urban Forester or designated arborist by any person in the instance of a tree on public property and on private property, excluding parcels used for a single-family dwelling, and by the private property owner in the instance of a tree on parcels used for a single-family dwelling, by submitting a complete report to the Urban Forester, designated arborist or County Manager describing the tree in question and its significance in needing protection.
(b) In the case of a tree on private property the County Manager shall notify the owner of the property on which the tree is located by certified mail (i) as soon as practicable once the recommendation is received by the Urban Forester; and (ii) again at least 30 days prior to the hearing on the adoption by ordinance of the designation of such tree. The owner may request an extension of the hearing date for up to six months.
? A property owner shall not destroy a tree proposed for designation pursuant to this Section pending final County Board decision or a decision by the Urban Forester or designated arborist not to recommend designation.
(d) In the event that the application of this Article regulating Heritage, Memorial, Specimen, or Street Trees results in a taking of private property for a public purpose or use, the County shall compensate by fee or other consideration the property owner for such taking, to the extent that such claim is recognized and compensable under state or federal law, and shall notify the owner of his right to seek such fee or compensation.
Ashland Town Code View whole ordinance
Chapter 16 STREETS AND SIDEWALKS*
ARTICLE III. Maintenance of Trees
Sec. 16-20. Same--Issuance; information to be shown.
The town manager 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 the town's comprehensive plan, in regard to trees, shrubs, plants or other vegetation, is not contrary to the provisions of this chapter and will be performed in a workmanlike manner.
Any permit issued pursuant to the preceding section shall contain the location approved, the action allowed to be performed, the duration of the permit and any other requirements deemed necessary desirable by the town manager.
(3-9-82)
Ashland Town Code View whole ordinance
Chapter 16 STREETS AND SIDEWALKS*
ARTICLE III. Maintenance of Trees
Sec. 16-18. Street trees.
The town manager shall have control and removal of trees on the streets and in the public places of the town, except those trees on the public school sites within the town.
(3-9-82)
Ashland Town Code View whole ordinance
Chapter 16 STREETS AND SIDEWALKS*
ARTICLE III. Maintenance of Trees
Sec. 16-25. Same--Procedure to correct violations of preceding section.
When a violation of section 16-24 of this Code is observed, the town manager shall have a written notice to correct the condition served upon the owner, operator, occupant or other person growing or permitting the growth of any such tree, shrub, plant or other vegetation. Personal service of such notice or mailing of such notice to the last known address to the owner of the premises, by registered mail, shall be deemed sufficient service. Any such notice shall describe the violation, describe the corrective measures necessary and set forth a time for compliance, depending upon the hazard created, which time limit shall not, however, be less than seven (7) days, nor more than thirty (30) days from the service of the notice.
(3-9-82)
Sec. 16-26. Same--Final action by town upon failure to comply with section 16-25.
The town manager, or his duly authorized representative, may trim or prune the trees, shrubs, plants or other vegetation as described in the notice in section 16-25, in the event that there is no appeal on the owner's failure to comply with the notice when the time limit described therein has expired. Such action by the town manager shall not preclude any criminal proceedings for the violation.
(3-9-82)
Blacksburg Town Code View whole ordinance
Chapter 2 ADMINISTRATION
ARTICLE IV. TOWN DEPARTMENTS
Section 2-420. Department of public works; director.
(a) There is created the department of public works of the town. This department shall provide the functions of public utility facilities construction, operation, maintenance, and repair; maintenance and operation of general properties; street construction maintenance and repair; and landscaping, horticulture, and tree preservation.
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(d) The director of public works shall assume and carry out responsibility for all landscaping, tree preservation, tree planting, and care for public areas and land of and in the town. The department of public works shall serve as the town's tree department and shall address issues and formulate procedures and measures for the attainment of the town's goals of supporting, maintaining, planting, and preservation of trees in the town. The director of public works shall be responsible for writing and implementing the town's annual community forestry program, in accord with the town's public tree-care policies for planting, maintenance, and removal of trees and street trees, set out in Appendix A, Zoning Ordinance, Blacksburg Town Code. The community forestry program shall include an inventory of trees growing on public property, analysis of the present state of the urban forest with recommendations for future management, methods to address dead and hazardous tree removal, safety, fine pruning, planting, watering, fertilizing, and insect and disease control of trees on public property.
Charter reference?Town to provide public works functions, ? 5.01.
Cross references?Sewers, Ch. 18; solid waste, Ch. 19; streets and sidewalks, Ch. 20; water, Ch. 23.
Blacksburg ZONING ORDINANCE View whole ordinance
APPENDIX A Ordinance
No. 1137 BLACKSBURG ZONING ORDINANCE
ARTICLE 1. ADMINISTRATION
DIVISION 2. PLANNING COMMISSION
Sec. 1120 Planning commission; powers, duties, and composition.
There is hereby created a Town Planning Commission, which commission shall be known as the "Blacksburg Town Planning Commission," which may be referred to in this ordinance as the "Planning Commission" or "the Commission."
Sec. 1127 Review of special exceptions.
The Planning Commission shall review requests for special exceptions based on the criteria established in section 1112.
(Ord. No. 1184, 6-9-98; Ord. No. 1680, ? 1, 5-14-13)
Editor's note? Ord. No. 1680, ? 1, adopted May 14, 2013, amended ? 1127 title to read as herein set out. Former ? 1127 title pertained to authority to grant exceptions.
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 7. LOTS AND PARCELS-DEVELOPMENT; GENERAL REGULATIONS
Sec. 34-1120. Lot regulations, general.
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(b) Critical slopes
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(6) Modification or waiver.
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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.
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(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 VIII. IMPROVEMENTS REQUIRED FOR DEVELOPMENTS
DIVISION 2. LANDSCAPING AND SCREENING
(a) Performance bonds. The director may require that landscaping shown on an approved landscaping plan be either installed or sufficiently bonded to guarantee installation, prior to the issuance of a certificate of occupancy. All landscaping must be installed by the first planting season following issuance of a certificate of occupancy.
(1) The performance bond shall be for an amount equal to the value of the required plants and the costs of installation, as determined by the zoning administrator following consideration of an estimate prepared by a landscape contractor, which estimate must be obtained by the developer and supplied to the zoning administrator at the time a request for issuance of a certificate of occupancy is made.
(2) The performance bond shall be released when all required plantings have been installed in accordance with the final approved landscape plan, as determined by the zoning administrator.
(3) During any water emergency declared by the city council, the director may prohibit installation of trees, plants or screening materials. In this event, the developer shall be required to maintain the performance bond in effect for the duration of the emergency. Once a declaration of water emergency ends, the developer shall install the required plants within sixty (60) days.
(b) Maintenance bonds. A maintenance bond shall be posted by the developer in favor of the city. If the landscaping is installed prior to the issuance of a certificate of occupancy, then the maintenance bond shall be posted prior to the issuance of said certificate. If the landscaping is bonded for installation, rather than installed prior to the issuance of a certificate of occupancy, then the maintenance bond shall be posted when the materials are planted and before the performance bond is released.
(1) The maintenance bond shall be in the amount of one-third ( 1/3) of the value of the performance bond, and shall be held for a period of twelve (12) months following the planting date. When existing plantings are preserved in lieu of required new plantings, the bond shall be calculated according to the replacement value of plantings that meet the minimum requirements of this article.
(2) At the end of the twelve-month time period, the bond shall be released if all plantings are in healthy condition, as determined by the zoning administrator. Thereafter, landscaping shall be maintained in a healthy condition by the current owner of the property on which such materials are planted, or property owners' association (where applicable) and replaced when necessary. Replacement materials shall conform to the original landscape plan.
(9-15-03(3))
Charlottesville City Code View whole ordinance
Chapter 34 ZONING
ARTICLE VIII. IMPROVEMENTS REQUIRED FOR DEVELOPMENTS
DIVISION 2. LANDSCAPING AND SCREENING
Sec. 34-862. Approved list of plantings.
The director shall, from time to time, promulgate a list of trees and other plant materials acceptable for use in meeting the landscaping requirements of this division ("list of approved plantings"). This list shall be maintained in the department of neighborhood development services and shall be available for inspection. All trees and other plant materials required by this article shall be selected from the current list of approved plantings.
(9-15-03(3); 7-16-12)
Sec. 34-863. Size of plantings.
(a) Except where otherwise provided, trees and plant materials required by the provisions of this article shall be of the following minimum sizes at the time of planting:
(1) Trees: Two-inch caliper.
(2) Shrubs: Eighteen (18) inches.
(b) For the purposes of this division, the term "caliper" refers to the diameter of a tree. Tree caliper shall be determined as follows:
(1) At a point six (6) inches above the root ball, at the time of planting (for trees planted or installed pursuant to a requirement of this article), and
(2) At a point twelve (12) inches above the ground, for existing trees.
(9-15-03(3))
Chesapeake City Code View whole ordinance
Chapter 62 SOLID WASTE
ARTICLE I. IN GENERAL
Sec. 62-8. Public nuisances; trees, shrubs and other plants.
(a) The city council finds that the neglect of trees, shrubs and other plants on any land or premises within the city, other than those used for agricultural purposes, can result in conditions that cause a plant or portion thereof to hang precariously over a public right-of-way, thereby constituting a danger to the health, safety and welfare of the general public.
(b) Any tree, shrub or other plant or a portion thereof located on any land or premises within the city, other than those used for agricultural purposes, which hangs precariously over a public right-of-way constitutes a danger to the health, safety or welfare of the general public, as determined by the city manager or designee, shall constitute a public nuisance.
(c) Any public nuisance as specified in this section which is located on city-owned property shall be pruned, removed, or otherwise treated at the direction of the city manager or designee in whatever manner required to cause the abatement of the nuisance within 30 days after its discovery by the city. This 30 day time limit shall be extended when a local emergency is declared pursuant to Chesapeake City Code ? 2-624.
(d) Any public nuisance as specified in this section which is located on any land or premises within the city, except for property used for agricultural purposes, shall be pruned, removed or otherwise treated by the property owner or his agent in whatever manner required to abate the nuisance as determined by the City Manager or his designee.
(Ord. No. 10-O-035, 4-27-10)
Sec. 62-9. Notice.
(a) In the event of a public nuisance as described in section 62-8 existing on land or premises within the city, the city manager or designee shall cause a written notice to be personally delivered or sent by mail to the last known street or post office address to the owner or such other person who is in control of the property. Proof of mailing or delivering the notice shall be sufficient evidence that the notice was served, and the date of mailing or delivery, as the case may be, shall be the date of service. If the last known street or post office address of such person is unknown or the notice so mailed is returned undelivered by the post office, then service of the notice shall be made by posting the notice on the property on which the condition exists. Proof of posting shall be sufficient evidence that the notice was served, and the date of posting shall be the date of service. Such notice shall describe the species of tree, shrub or other plant which has been declared to be a public nuisance, its location on the property, the reason for the declaration of a nuisance and shall state the actions that the property owner may undertake to abate the nuisance and give the owner 30 days from the date of the letter to abate. If during that 30 day time period the City declares a local emergency pursuant to Chesapeake City Code ? 2-624, the time limit for the abatement shall be extended on an individual basis at the discretion of the city manager or his designee.
(b) If, in the opinion of the city manager or designee, the condition of any tree, shrub or other plant or a portion thereof constitutes an emergency which involves an imminent danger to human life or health, notice which is reasonable under the circumstances shall be given to the owner or such other person who is in control of the property. In case the owner or such other person who is in control of the property cannot be found, or if such individual fails to comply with the notice, the city manager or designee may promptly enter upon the property and take steps he deems necessary to abate the danger, with such assistance and at such cost as he deems appropriate.
(Ord. No. 10-O-035, 4-27-10)
Sec. 62-11. Entry on property.
The city manager and/or his designee(s) shall have the authority to enter upon private property at reasonable times and in a reasonable manner whereon there is located a tree, shrub, plant or portion thereof that is reasonably believed to create a public nuisance because it hangs dangerously over a public right-of-way.
(Ord. No. 10-O-035, 4-27-10)
Chesapeake ZONING ORDINANCE View whole ordinance
Chesapeake, Virginia - Zoning
ARTICLE 19. DESIGN, DEVELOPMENT AND PERFORMANCE STANDARDS
? 19-604. Final inspection and approval.
A. Approval required for permanent certification of occupancy; temporary certificates. Prior to issuance of a permanent certificate of occupancy, the required landscaping shall be in place, and damaged or dead plants shall be pruned, removed or replaced as required by the director of development and permits, or designee, to ensure compliance with this ordinance. In the event that one of the following circumstances exists, a temporary certificate of occupancy, of an appropriate duration, may be issued. When such temporary certificate of occupancy is desired, the owner, developer, or builder shall submit in writing the circumstances justifying the request and the specific requested duration of the temporary certificate of occupancy.
1. Planting season does not permit immediate installation.
2. Weather conditions prohibit installation.
3. Specified plant material is not available.
4. Site conditions beyond the control of the owner, builder, or developer do not permit immediate installation.
B. Reinspection and approval. When the required landscaping is complete, the owner, builder or developer shall call for a reinspection. After approval by the city of Chesapeake, the permanent certificate of occupancy will be issued, provided there are no other impediments.
C. Bond requirement. The city may require that a bond or other security acceptable to the city be provided as a condition of development in order to ensure the timely completion of the landscape plan. No bond shall be required for single-family residential developments other than detached condominium units.
(Ord. No. 97-O-141, 11-18-97; Ord. No. 10-O-127, 10-19-10)
Chesapeake ZONING ORDINANCE View whole ordinance
Chesapeake, Virginia - Zoning
ARTICLE 19. DESIGN, DEVELOPMENT AND PERFORMANCE STANDARDS
? 19-607. Additions or modifications to existing development.
Additions or modifications to existing development shall be landscaped according to this ordinance. Landscaping requirements shall be confined to the area of new development. Decisions regarding the extent of new landscaping or preservation required will be made by the city of Chesapeake in accordance with this standard and may be appealed to the planning commission for a final decision.
Danville City Code View whole ordinance
Chapter 38.5 VEGETATION
ARTICLE III. LANDSCAPING
Sec. 38.5-33. Penalty.
Any person, firm, or corporation violating the provisions of section 38.5-30 after receiving the notice described in section 38.5-31 shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. No. 95-4.16, 4-4-95)
Danville City Code View whole ordinance
Chapter 38.5 VEGETATION
ARTICLE III. LANDSCAPING
Sec. 38.5-25. Enforcement.
The Director of Public Works shall have the general powers and duties to:
(1) Direct, manage, supervise, and control the City landscape program to include all plantings, removal, maintenance, and protection of all trees and shrubs on all public areas.
(2) Guard all vegetation on any public area within the City so as to prevent the spread of disease or pests and to eliminate dangerous conditions which may affect the health, life, or safety of persons or property.
(3) Administer the provisions of this article.
(4) Accept requests for planting, removal or maintenance of plantings on any public area, and accept or deny the request as required by the provisions of this article.
(5) Remove vegetation placed on a public area without approval, where approval is required by the provisions of this article.
(Ord. No. 92-11.15, 11-5-92)
Danville City Code View whole ordinance
Chapter 9.5 CEMETERIES
Sec. 10-23. Payments for perpetual care not previously purchased?Generally.
(a) Any person owning a lot for burial purposes in any cemetery of the City for which perpetual care was not purchased may arrange with the City for care in perpetuity of such lot by the City upon the following terms: Such person shall pay to the Treasurer of the City for the care of such lot in perpetuity by the City payment in such amount as is prescribed and approved by the Council. All such charges shall be in addition to the cost of any such lot that may have been heretofore acquired by such person. Upon such payment being made by any such person, a receipt shall be delivered to such person specifying that the same is for the care and maintenance of such lot in perpetuity by the City. The term "perpetual care," as used in reference to lots or plots, shall be held to mean the cutting of grass upon the lot or plot at reasonable intervals, raking and cleaning of the lot or plot, pruning of the shrubbery and trees that may be placed by the City, meaning and intending the general preservation of the lot, plot, grounds, walks, roadways, boundaries, and structures, to the end that such grounds shall remain and be reasonably cared for as cemetery grounds forever.
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(Ord. No. 83-3.3, ? 5.2-8, 3-8-83; Ord. No. 2014-11.01, 11-6-14)
State Law reference? Authority of City to contract for perpetual care of cemetery lots, Code of Virginia, ? 15.2-1121.
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
6.20 Zoning Permits
6.20.1 Applicability
E. Zoning permits are not required for permitted temporary uses (See ?3.5.6) or for tree removal (See ?6.10).
(10-1-16)
Falls Church City Code View whole ordinance
Chapter 15 FEE
ARTICLE III. DEPARTMENT OF PUBLIC WORKS
Sec. 15-37. Public works applications?Urban forestry.
The following applies to fees for public works applications?Urban forestry as noted in the table below:
PUBLIC WORKS APPLICATIONS?URBAN FORESTRY
Inspections
??? Damage to Public Trees, Per Inch Diameter at Breast Height (DBH): $250.00
??? Damage to Streetscape Irrigation, fee plus cost of repair: $300.00 + cost
Tree Preservation Violations
??? 1st Offense: $350.00
??? 2nd Offense: $450.00
??? 3rd Offense: $1,000.00
??? Each Subsequent Offense: $1,000.00
??? Tree Preservation Grading Plan Tree Removal: $1,000.00
Landscape Installation and Protection
(Not associated with a site or grading plan)
??? Bond Management Fee: $250.00
??? New Landscape Inspection (< $12,000.00 Bond Amount): $150.00
??? New Landscape Inspection (> $12,000.00 Bond Amount): $400.00
??? Existing Tree Preservation (< $12,000.00 Bond Amount): $150.00
??? Existing Tree Preservation (> $12,000.00 Bond Amount): $400.00
Tree Contractors
??? Tree Contractor Annual Permit Fee: $100.00
??? Unlicensed Tree Contractor Observed Working in the City: $500.00
Permits
??? Plant on City Property: $50.00
??? Tree Removal Permit (Independent of approved development plan)
?o? Commercial: $200.00
?o? Single-Family Residential: $50.00
Preliminary Tree/Existing Features Survey Review (When Not Part of Subdivision): $200.00
Resubmittal of Request for Preliminary Tree/Existing Features Survey Review: $100.00
(Ord. No. 1858, ? 4), 4-25-2011; Ord. No. 1901, 7-22-2013)
Falls Church City Code View whole ordinance
Chapter 44 VEGETATION
ARTICLE II. TREES AND SHRUBS
DIVISION 2. ADMINISTRATION
Sec. 44-56. Tree contractors.
(a) In addition to any other license or permit which may be required by this Code, any person who shall solicit or otherwise seek to engage in the business of tree maintenance and preservation by pruning or fertilizing or of tree removal, in whole or in part, shall be required to obtain a permit from the city arborist.
(b) The permit shall be applied for in the office of the city arborist on forms prescribed by the city arborist and shall contain information as required by the city arborist as to reasonably protect the consumer and to ensure the qualifications of the person proposing to perform the services.
? Every applicant shall file with the arborist a surety bond running to the city in the amount of $1,000.00 with a corporate surety licensed to do business in the state, conditioned that the applicant shall fully comply with all provisions of this article and other ordinances of the city and statutes of the state, and guaranteeing to any person of the city that all money paid shall be accounted for and applied according to the representations of the contractor and that the contractor shall complete the agreed tasks in a workmanlike manner.
(d) Every applicant shall file evidence of possession of workers compensation and liability insurance in the minimum amounts of $1,000,000.00 for bodily injury or death and $100,000.00 for property damage, indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavor as herein described.
? Persons within the purview of this article shall pay a permit fee of $25.00 annually, which permit may be renewed at the end of a calendar year after first being obtained.
(f) Unless, upon an investigation, the character and business responsibility of the applicant is found to be unsatisfactory or incompatible with the purposes of this article, the city arborist shall within ten days issue such permit containing the information by attachment contained in the application provided the security required shall have been furnished. A 72-hour temporary permit may be issued in the sound discretion of the city arborist.
(Code 1982, ? 35-7; Ord. No. 811; Ord. No. 1659, 10-25-1999)
Sec. 44-57. - Tree commission.
(a) Established; composition; term. A tree commission is hereby established. The commission shall be composed of five commissioners appointed by the city council from among the eligible voters' residents in the city and such ex officio members as may be designated by the council. The commissioners shall serve for terms of three years; however, of those initially appointed, two shall serve for three years, two shall serve for two years, and one shall serve for one year. Upon the expiration of a term of office, the commissioner holding that office may continue to serve until a successor shall be qualified. Any vacancy shall be filled for the unexpired term in the manner in which commissioners are regularly chosen.
(b) Officers. The chair and vice-chair of the tree commission shall be elected by the commissioners from among themselves within two months following the annual installation of new fullterm commissioners.
? Duties. The tree commission shall perform the following duties:
(1) The commission shall advise the city manager regarding rules and regulations promulgated under this article and shall assist the arborist in the performance of such arborist's duties.
(2) The commission shall recommend to the city council any legislation, plans, policies and programs complementary to the intent and purpose of this article.
(d) Requirements. The tree commission shall:
(1) Establish its own bylaws and rules of procedure consistent with the state code, city Charter, and this Code;
(2) Meet in regular sessions, open to the public, on dates established by the commission and in special sessions, as necessary;
(3) Post with the city clerk notices of all meetings and provide agendas which shall be available to the public at least three days prior to meetings, except in cases of emergency;
(4) Maintain and file with the city clerk approved minutes of its meetings; and
(5) Follow, unless otherwise provided, the general requirements for citizen boards, commissions and committees of the city, as set forth in chapter 2.
(Code 1982, ? 35-8; Ord. No. 811)
Falls Church City Code View whole ordinance
Chapter 44 VEGETATION
ARTICLE II. TREES AND SHRUBS
DIVISION 4. TREE REMOVAL
Sec. 44-110. Permit review and issuance.
(a) Factors to consider. In addition to reviewing for conformance to standards and guidelines contained in the public facilities manual, the following factors shall also be taken into consideration:
(1) The extent to which tree clearing is shown to avoid excessive clearing and still permit the applicant to achieve the proposed development or land use.
(2) The extent to which the actual or intended use of the property is in accordance with the regulations of the zoning district in which the property lies requires clearing of trees.
(3) The hardship to the applicant which will result from a modification or rejection of the required permit.
(4) The desirability of preserving any tree by reason of its size, age or some other outstanding quality, such as uniqueness, rarity or status as a landmark or species specimen.
(5) The extent to which the area would be subject to environmental degradation due to removal of the trees.
(6) The heightened desirability of preserving tree cover in densely developed or densely populated areas.
(7) Whether the tree is diseased, injured beyond restoration, in danger of falling, interferes with utility services or creates unsafe visual clearance.
(b) Replacement of trees. When warranted in the judgment of the arborist, the applicant may be required to replace, in accordance with a tree replacement plan, any tree being removed with a suitable replacement tree elsewhere on the site. In determining whether the replacement of trees is reasonable and shall be required, the arborist shall consider the intended use of the property together with an evaluation of the following:
(1) Existing tree coverage, size and type;
(2) Number of trees to be removed;
(3) Area to be covered with structures, parking and driveways;
(4) Grading plan and drainage requirements; and
(5) Character of the site and its environs.
(c) Approval. If the permit application conforms to standards and guidelines and there are no objections resulting from consideration of the factors listed in subsection (a) of this section, the permit application shall be approved.
(d) Rejection. If the permit application does not conform to standards and guidelines or there is an objection resulting from consideration of the factors listed in subsection (a) of this section, the permit application shall be rejected. The arborist may require that the application be modified to bring it into conformance with the standards and guidelines or to eliminate any objections to the application.
(Code 1982, ? 35-13; Ord. No. 811)
Sec. 44-111. Area to be cleared.
The area of land to be cleared of trees and other vegetation in conjunction with proposed development or land use shall not include any trees which are unique by reason of size, age or some other outstanding quality, such as rarity or status as a landmark or species specimen. Subject to the arborist's approval, the area to be cleared shall generally be limited to that area needed for:
(1) Street construction and necessary slope construction.
(2) Public service or utility easements and rights-of-way. This shall include area for utility line installation with any construction easements necessary for such installation and easements for maintenance access. These easements shall not be cleared prior to actual line installation.
(3) Building roof coverage area and ancillary structures such as patios and porches plus 15 feet on all sides for construction activity.
(4) Driveways, alleyways, walkways, parking lots and other land area necessary to the installation of the proposed development or use.
(5) Sediment basins. Only those trees within the area necessary for construction of the dam, the area in which sediment will collect, and the area necessary for construction and maintenance of the basin shall be cleared of trees.
(Code 1982, ? 35-14; Ord. No. 811)
Falls Church City Code View whole ordinance
Chapter 44 VEGETATION
ARTICLE II. TREES AND SHRUBS
DIVISION 5. TREE PRESERVATION AND MAINTENANCE AGREEMENT AND BOND
Sec. 44-137. Replacement cost of protected trees.
The replacement cost of the protected trees shall be fixed at the time the agreement is executed and shall be based upon the most recent Guide for Plant Appraisal prepared by the Council of Tree and Landscape Appraisers. In fixing the replacement cost of any existing tree, the city shall use the cost of a specimen tree of similar kind which is available from a nursery in the region and which is closest in trunk diameter to the existing tree. The replacement cost shall include the nursery's cost to install and guarantee the replacement tree for one year. The cost of the measures required for the protection of the trees shall also be fixed as of the time the agreement is executed and shall be based upon the standards for protective measures as set out in the most recent Virginia Erosion and Sediment Control Handbook (handbook), prepared by the Virginia Soil and Water Conservation Commission, chapter 3, STD and SPEC 3.38. Protective measures may include those items set out in the handbook, as well as fertilization, disease and insect treatments and pruning.
(Code 1982, ? 35-15(a)(1); Ord. No. 811; Ord. No. 953; Ord. No. 1042, 3-28-1983; Ord. No. 1236, 9-13-1988; Ord. No. 1659, 10-25-1999)
Sec. 44-138. Other forms of security allowed.
In the event the amount of the bond is fixed in excess of $2,000.00, a surety bond, letter of credit, certified check or other similar forms may be provided in lieu of a cash bond for the amount in excess of $2,000.00, if the particular form is approved by the city attorney.
(Code 1982, ? 35-15(a)(2); Ord. No. 811; Ord. No. 953; Ord. No. 1042, 3-28-1983; Ord. No. 1236, 9-13-1988; Ord. No. 1659, 10-25-1999)
Sec. 44-139. Procedure for administration of bond and terms of bond.
(a) The agreement and the plan shall describe the kind of measures to be taken and the materials to be used to protect the trees from the stress of construction. The owner or the agent of the owner shall notify the city arborist in writing at least three days prior to the installation of the protective measures. The arborist shall then inspect the measures after they are installed to ensure they meet the requirements set out in the agreement. The arborist shall notify the owner or the owner's agent in writing when the inspection is complete as to whether or not compliance has been achieved. No construction activities, which include, but are not limited to, the placement of heavy equipment on the site, excavations, earth movement, or erection of any structures, shall be done by the owner or the agent of the owner until the arborist has determined that the measures have been installed according to the agreement. These measures shall remain in place and shall not be modified until all construction on the real estate covered by the agreement is completed. The arborist shall inspect the area for compliance from time to time. The agreement may be amended only by a written instrument and only upon the consent of the arborist.
(b) The owner or the agent of the owner shall notify the arborist in writing when all construction on the real estate covered by the agreement is completed. The arborist shall then inspect the area and, upon determining that all construction in that area is completed, the arborist shall notify the owner or the owner's agent in writing that the protective measures may be removed. No additional construction shall take place on the real estate subject to the agreement after the protective measures have been removed unless the written approval of the arborist is obtained. Approval shall be given upon a determination that the construction will not damage the protected trees. The arborist shall also inspect the trees at this time to determine what damage, if any, has been caused by the stress of construction, as that term is defined in the handbook in the subsection entitled Stresses of Construction. The arborist shall also notify the owner or the owner's agent in writing if any trees must be repaired or replaced because of damage caused by the stress of the construction or shall refund half of the bond if no repairs or replacements are needed. Upon notification by the arborist that repairs or replacements are to be made, the owner or the agent of the owner shall make the required repairs and replacements and shall notify the arborist when the repairs and replacements are complete. The arborist shall inspect the repairs and replacement and shall notify the owner when it is determined that the required repairs and replacements have been adequately performed. One-half of the bond shall then be refunded.
(c) The remaining one-half of the bond shall be held for a period of two years from the date of the arborist's notification to the owner that the required repairs or replacement have been completed. The purpose of retaining this portion of the bond is to ensure trees which are damaged by construction, but where the injury becomes apparent only after construction is completed, will be repaired or replaced. At the end of this two-year period, the owner or the owner's agent may apply to the city arborist in writing for a discharge of the unexpended or unobligated portion of such bond. If the protected trees have survived in good health based upon the guidelines set out in the handbook in the section entitled Tree Preservation and Protection, the arborist shall release the bond within 30 days of receipt of the application. The bond shall not be discharged until all required repairs and replacements have been made.
(Code 1982, ? 35-15(b)?(d); Ord. No. 811; Ord. No. 953; Ord. No. 1042, 3-28-1983; Ord. No. 1236, 9-13-1988; Ord. No. 1659, 10-25-1999)
Sec. 44-140. Refusal to comply.
If the owner or the owner's agent refuses to comply with the requirements of the arborist as made pursuant to section 44-139(a), the city may, at its option, have the work performed by others or by its own forces. In either case, all costs incurred by the city shall be reimbursed from the bond or other funds being held. In the event the owner or such owner's agent has during the two-year period, sold all or a portion of the real estate subject to the agreement, the original owner or the agent of such owner shall continue to be responsible for all measures required by the agreement and for all trees in open space including those located in common areas and on individual fee-simple lots. The original owner or his agent or the purchaser as the case may be shall take the measures, and repair or replace trees as required by the arborist. If the new owner of a single-family residential property refuses to permit the original owner or the arborist to make the required protective measures, inspections, repairs, or replacements, the original owner shall be considered as having complied with this section.
(Code 1982, ? 35-15(e); Ord. No. 811; Ord. No. 953; Ord. No. 1042, 3-28-1983; Ord. No. 1236, 9-13-1988; Ord. No. 1659, 10-25-1999)
Sec. 44-141. Failure to comply with plan.
If the city arborist determines that the permit holder has failed to comply with the plan, the city arborist shall immediately serve upon the permit holder a notice to comply which shall be sent by registered or certified mail to the address specified by the permit holder in his permit application. Such notice shall set forth specifically the measures needed to come into compliance with such plan and shall specify the time within which such measures shall be completed. If the permit holder fails to comply within the time specified, such permit holder may be subject to revocation of the permit and the cash bond may be used by the city at the direction of the city arborist to correct the noted deficiencies; furthermore, such permit holder could be deemed to be in violation of this division and upon conviction could be subject to the penalties provided by this article.
(Code 1982, ? 35-16; Ord. No. 811)
Sec. 44-142. Exceptions; waiver.
(a) In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and require immediate removal without delay, verbal authorization may be given by the arborist and the tree removed without obtaining a permit as herein required.
(b) During the period of an emergency, such as a tornado, ice storm, flood or any other act of nature, the requirements of this division may be waived by the city manager or the city manager's designee.
(Code 1982, ? 35-17; Ord. No. 811)
Sec. 44-143. Replacement of destroyed trees destroyed.
When trees are destroyed in violation of this division, replacement trees shall be required, unless exemption is granted by the arborist. The size, species and quantity of these replacements shall be determined by the arborist based on the value of the trees removed as calculated by the latest formula published by the International Society of Arboriculture.
(Code 1982, ? 35-18; Ord. No. 811)
Falls Church City Code View whole ordinance
Chapter 44 VEGETATION
ARTICLE II. TREES AND SHRUBS
DIVISION 5. TREE PRESERVATION AND MAINTENANCE AGREEMENT AND BOND
Sec. 44-136. Purpose and amount of bond.
Prior to approval of the plan required by this article and prior to the issuance of building and development permits, there shall be executed by the owner or the owner's agent, and submitted with the plans, an agreement to establish the measures provided for on the plans for the protection of existing trees, together with a cash bond, to be deposited in an interest bearing escrow account upon which the city may draw, in accordance with the agreement, in an amount equal to the total replacement cost of the protected trees plus the cost of the measures required by the agreement for the protection of the trees. Deposit of such funds shall be in a qualified security or insured savings account and any interest earned shall be credited to the owner or agent. The agreement and bond shall be provided for the installation, maintenance and performance of these protective measures and to ensure the repair and replacement, if necessary, of the protected existing trees.
(Code 1982, ? 35-15(a); Ord. No. 811; Ord. No. 953; Ord. No. 1042, 3-28-1983; Ord. No. 1236, 9-13-1988; Ord. No. 1659, 10-25-1999)
Falls Church City Code View whole ordinance
Chapter 48 ZONING
ARTICLE V. SUPPLEMENTARY REGULATIONS
DIVISION 7. SITE PLANS
Sec. 48-1143. Bonds.
?
(b) Bond for landscape elements. There shall be a bond to ensure the planting and maintenance of all plants and trees shown on the plan for landscaping. Prior to the issuance of building or development permits, the owner or agent shall deposit a cash bond in an interest-bearing escrow account upon which the city may draw under the conditions set out in this section in an amount equal to the total replacement cost of all newly installed plants and trees. Deposit of such funds shall be in a qualified security or insured savings account and any interest earned shall be credited to the owner or his agent.
(1) Time, amount of bond fixed and standard for fixing amount. The replacement cost of the plants and trees shall be fixed as of the time the approved plan for landscaping is released by the city staff and shall be based upon the most current Guide for Establishing Values of Trees and Other Plants, prepared by the Council of Tree and Landscape Appraisers.
(2) Other forms of security allowed. In the event the amount of the bond is fixed in excess of $2,000.00, a surety bond, letter of credit, certified check or other similar form may be provided in lieu of cash bond for the amount in excess of $2,000.00, if the particular form is approved by the city attorney.
(3) Procedure for administration and term of bond. The owner or agent shall notify the city arborist three days prior to the installation of the plants and trees shown on the plan for landscape. The arborist shall inspect the plant and tree material and the method of installation. The arborist shall have the authority to require that healthy stock be planted and that the installation be done in a manner permitted by the most recent edition of American Standard for Nursery Stock, published by the American Association of Nurserymen. The arborist shall certify in writing when the installation of all new plants and trees shown on the plan for landscaping has been completed in an acceptable manner, based on the standards in this section. The bond for the site may be apportioned if the property is being developed in phases or discrete parts. The term of the bond shall be one year from the date on which the arborist certified that installation was complete. The arborist shall inspect the site during the one year period and, if the plants or trees are not in good health, the arborist may require corrective measures or replacement, if the plant or tree cannot be saved. At the end of the one-year period, the owner may apply to the arborist for a discharge of the unobligated or unexpended portion of the bond. Prior to such discharge the arborist shall make a final inspection and shall require the replacement of any plants or trees not in good health based upon the standards set out in the American Standard for Nursery Stock. The unobligated or unexpended portion of the bond shall be discharged upon the arborist's certification that the replacement has been made.
(4) Responsibilities of the owner. If the owner or his agent refuses to comply with the requirements of the arborist, the city may at its option, have the work performed by others or by its own forces. In either case all costs incurred by the city shall be reimbursed from the bond or other funds being held. In the event the owner or his agent has sold all or a portion of the real estate subject to the approved site plan, the original owner or agent shall continue to be responsible for plants and trees located in common areas and on individual fee-simple lots. If the new owner of a single-family residential property refuses to permit the original owner or the arborist to make the required inspection, repairs or replacements, the original owner shall be considered as having complied with this section.
In addition to the requirements in this subsection (b) of this section, a tree preservation and maintenance agreement and bond shall also be required if the site plan shows any existing trees which are to be protected, in accordance with section chapter 44, article II, division 5, prior to the issuance of building or development permits.
(Code 1973, ? 81-56; Code 1982, ? 38-29(j); 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. 48-1185. Bonding, installation, specifications and maintenance of vegetation.
The following shall apply to all vegetation or transplanted vegetation as required under this section. All vegetation shall meet the minimum standards for health, form, and root condition, as outlined in the latest edition of American Standard for Nursery Stock, published by the American Association of Nurserymen (AAN).
(1) Installation under inspection of city arborist. Installation and bonding requirements of vegetation shall be regulated pursuant to section 48-1143. All installation of the vegetation shall be carried out under the inspection of the city arborist. Installation may be spot checked by the city arborist.
Vegetation and Min. Size Chart
Type of Vegetation / Min. Size at Planting / Size at Maturity
- Shade tree / 2 - 2 1/2" caliper / ;gt;40'
- Understory tree / 2 - 2 1/2" caliper / ;lt;40'
- Evergreen tree / 6' / 12 - 20'
- Large shrub / 24" / ;gt;5'
- Small shrub /24" / ;gt;3 1/2'
(2) Vegetation substitutions. Due to seasonal planting issues or a lack of plant availability, approved landscape plans may require minor revisions. Minor revisions to planting plans may be approved by the city arborist, if there is no reduction in the quantity or significant change in size or location of vegetation and the new vegetation has the same general design characteristics (approved species, mature height, crown spread) as the vegetation being replaced.
(3) Responsibility of property owner for maintenance. It shall be the ultimate responsibility of successive property owners to ensure that the required vegetation is properly maintained in compliance with the approved site plan in perpetuity. Dead or diseased plant material shall be removed or treated promptly by the property owner and replaced within 180 days.
(4) Maintenance guidelines. Maintenance guidelines for the plantings are encouraged, to be published by the planting plan designer, to be used by grounds maintenance personnel to ensure that the design's buffering and screening concepts are continued. The City of Falls Church Landscape Maintenance Guidelines shall be adhered to at a minimum and shall be shown on all landscape plans.
(5) Safety. All sight triangles shall remain clear, and any plant material that could endanger safety, such as, unstable limbs shall be removed and the plant material replaced, if necessary. It shall be the responsibility of the property owner to maintain all plantings and architectural elements to ensure a safe environment.
(6) Plan approval. Plans submitted only for landscaping additions or deductions shall be considered by the planning commission following recommendations from the city arborist and the architectural advisory board, as part of the site plan process. Applicants are required to consult with the city arborist in advance of plan preparation in order to determine what trees, shrubs and other landscape materials are preferred.
(7) Review of landscaping guidelines, planting design, materials. Specific landscaping guidelines, planting design, and materials shall be reviewed by the city arborist and by the planning commission during the site plan review process and shall be in accordance with the guidelines established by the city.
(8) Vegetation installed prior to occupancy; exception. All vegetation required by this section, except vegetation on single-family residential lots as detailed in section 48-1180, must be installed prior to the occupancy of the site. Where compliance with this regulation is not possible because of seasonal planting limitations, the city arborist shall grant an appropriate delay.
(Code 1982, ? 38-30(g); Ord. No. 1766, 9-13-2004)
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS
Sec. 27-13. Private trees.
The town manager in collaboration with the town horticulturist and the director of public works, is allowed to enter private land whereon there is located a tree, shrub, plant, or any part thereof is suspected to be a public health threat or nuisance to public property and to order its removal if necessary.
(Ord. No. 102, 6-15-2006)
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS
Sec. 27-14. Enforcement.
The town manager and his designee shall have the power to enforce rules, regulations, and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, and other plants as set forth in this chapter.
(Ord. No. 102, 6-15-2006)
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS
Sec. 27-16. Review.
The town council shall review recommendations made by the town's tree board and endorse them as is or amend them as they deem necessary.
(Ord. No. 102, 6-15-2006)
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS
Sec. 27-8. New landscaping.
In the development of commercial property and subdivisions, the town manager, horticulturist, and building inspector shall review landscaping plans and may require changes as recommended for street trees to be planted in any of the streets, parking lots and other public places.
(Ord. No. 102, 6-15-2006)
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS
Sec. 27-9. 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 27 TREES AND SHRUBS
Sec. 27-3. Authority and duties.
(a) There is hereby created and established a tree board for the town, which shall consist of five (5) members and shall be appointed by the town council. Members shall serve without compensation. The town manager and horticulturist will serve on the tree board as ex-officio members.
(b) The tree board shall choose its own officers, develop its own operating guidelines, and keep minutes of its meetings. Tree board meetings will not be pre-set but rather meetings will be scheduled on an as needed basis at the request of a board member or by the town manager or town horticulturist. A majority of its members shall constitute a quorum for the transaction of business. The tree board shall have no executive authority, its powers being strictly advisory.
? The tree board, in collaboration with the town manager and the town horticulturist, shall study, investigate and develop recommendations for the care, preservation, pruning, planting, replanting and removal of trees and shrubs in parks, along streets and in other publicly owned places. The tree board, through various public outreach and educational programs, will encourage private landowners to enhance their property along street frontage and in public use area such as parking lots.
(Ord. No. 102, 6-15-2006)
Sec. 27-4. Term of office of tree board.
Tree board members shall serve a three-year term with the following exception. The first appointed board shall serve terms as follows: two (2) shall serve two (2) years, two (2) shall serve three (3) years, and one (1) shall serve four (4) years.
(Ord. No. 102, 6-15-2006)
Sec. 27-5. Applicability.
This chapter shall apply to trees, shrubs, and other plants within street rights-of-way, parks and other public places within the town. This chapter shall also apply to trees, shrubs and plants located on private property that constitute a public hazard or health threat as determined by the town manager through input from the director of public works and the town horticulturist.
(Ord. No. 102, 6-15-2006)
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS
Sec. 27-7. Insurance.
All contractors in the business of planting, cutting, trimming, pruning, removing, spraying, and otherwise treating tree, shrubs or vines on public property within the town shall show proof of liability insurance. This certificate of insurance shall be in the amount as required by the town. This coverage shall be for bodily injury or death and property damage, indemnifying the town or any person injured or damages resulting from the pursuit of such endeavors, as herein described.
(Ord. No. 102, 6-15-2006)
Farmville Town Code View whole ordinance
Chapter 6 BUILDINGS
ARTICLE I. GENERAL
Sec. 6-3. Moving of buildings.
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(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.
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(Ord. No. 79, 12-10-2003)
Cross reference? Moving vehicles and traffic, Ch. 15.
Franklin City Code View whole ordinance
Chapter 29 VEGETATION
Article III. Beautification Commission
Sec. 29-63. Appointment of members of Franklin Beautification Commission.
(a) The Franklin Beautification Commission shall be composed of nine members who shall be residents of the City and who shall be appointed by City Council for staggered terms of four years. Members whose terms have expired shall hold office until their successors have been appointed. Vacancies occurring on the Commission otherwise than through the expiration of terms shall be filled for the unexpired terms by appointment of City Council.
(b) To the extent that such persons are available, members shall consist of landscape architects, landscape designers, arborists, gardeners and other persons interested in the appearance of the City, its streets, sidewalks, parks and other public places.
[Ord. No. 217, 3-26-1984; amended by Ord. of 7-12-1999; Ord. No. 2003-9, 6-9-2003]
Sec. 29-64. Officers; quorum.
The members of the Beautification Commission shall elect a Chairman and a Vice Chairman. A majority of the members of the Commission shall constitute a quorum for the transaction of business.
[Ord. No. 217, 3-26-1984]
Sec. 29-65. Advice; recommendations.
The Beautification Commission shall advise and make recommendations to the City Manager regarding the care, preservation, pruning, planting, replanting, removal or disposition of trees, shrubs, bushes and all other vegetation in parks, along streets, and in all other public places in the City.
[Ord. No. 217, 3-26-1984]
Franklin City Code View whole ordinance
Chapter 29 VEGETATION
Article III. Beautification Commission
Sec. 29-69. Same ? issuance.
All permits required pursuant to this article shall be issued by the City Manager's office. Prior to the issuance or denial of any such permit, the City Manager shall refer the permit request to the Beautification Commission for its recommendation. The Commission shall give its recommendation to either approve or disapprove the request within 30 days of the date such request is referred to the Commission.
[Ord. No. 217, 3-26-1984]
Sec. 29-70. Penalty for violation of article.
Any violation of this article shall be a Class 3 misdemeanor.
[Ord. No. 217, 3-26-1984]
Franklin ZONING ORDINANCE View whole ordinance
APPEDIX A. ZONING ORDINANCE
[This Appendix D contains the Zoning Ordinance of the City of Franklin adopted on 4-11-1994. Except for nonsubstantive stylistic changes, these provisions are set out as enacted. Words appearing in brackets [ ] were added by the editor for clarity.]
Division 5. Interpretation and Modification of Requirements
Sec. 25.17. Interpretation and modification of requirements.
The zoning administration shall interpret the requirements of this article and may allow modification of the requirements for buffer areas, vehicular use areas and street yards in keeping with the purpose and intent of this article under the following circumstances:
(1) The site is exceptionally narrow or shallow, has an odd size, shape or topography or is otherwise unusual in physical dimension.
(2) There exists a unique relationship to adjacent properties or properties in the general vicinity.
(3) The transfer of right-of-way to the city for proposed or future street widening severely limits the size and use of the property.
Fredericksburg City Code View whole ordinance
Chapter 46. Franchises
ARTICLE II. Cable Communications
DIVISION 7. System Construction and Installation
Sec. 46-167. Authority of franchisee to trim trees.
A franchisee shall have the authority to trim trees overhanging streets, alleys, sidewalks and public places of the City to prevent their branches from touching wires and cables and other television conductors and fixtures of the franchisee. All trimming shall be done under the City's supervision and direction and at the expense of the franchisee. A franchisee shall provide reasonable advance notice to the City of its tree trimming activities.
[Code 1991, ? 9-167]
Fredericksburg City Code View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places
ARTICLE VI. Trees
Sec. 66-224. Issuance of tree permits.
A. The City Manager or his designee shall have the authority to issue a tree permit to any person upon payment of an application fee to be established by the City Manager in order to plant any approved tree, shrub, or vegetation on City-owned property upon such terms and conditions as the City Manager deems appropriate and that are consistent with the provisions of this article.
B. Any permit used pursuant to this section shall contain a clear description of the action to be performed, the approved location, the species of tree or shrub, the duration of the permit, and any other requirements deemed necessary by the City Manager or his designee. All work performed under such permit shall be in strict accordance with the terms thereof.
[Ord. No. 04-08, 4-27-2004]
Fredericksburg City Code View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places
ARTICLE VI. Trees
Sec. 66-225. Master tree plan.
In order to promote an orderly, attractive, and economical tree planting program in the City, the City Manager shall develop and implement a master plan for the design, planting, maintenance, preservation and removal of trees, shrubs, and vegetation on City-owned property. Such plan shall be developed with appropriate public participation and include proper consultation and coordination with the City School Board regarding trees, shrubs, and vegetation on public school sites and Maury Field.
[Ord. No. 04-08, 4-27-2004]
Fredericksburg City Code View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places
ARTICLE VI. Trees
Sec. 66-226. Planting and care of public trees, shrubs, and other vegetation.
A. The City Manager shall be responsible for the planting, trimming, removal, and care of all trees, shrubs, plants, and other vegetation on City-owned property. He is hereby authorized to trim, prune, spray, fertilize, water, cultivate, maintain, plant, and remove any trees, shrubs, and other vegetation in accordance with the provisions of this article.
B. The City Manager is hereby directed to plant, prune, maintain and relocate trees, plants and shrubs within the lines of all streets and public parks in accordance with the master tree plan to preserve or enhance the symmetry and beauty of such public grounds.
C. The City Manager shall provide a written report on the tree program to the City Council on an annual basis, specifying the number and location of trees that have been planted and removed on City-owned property.
D. When a tree is removed, it shall be the City's policy to plant a replacement tree in the same general area, consistent with specified standards; except when a replacement tree is determined by the City staff to be infeasible or inappropriate.
E. The City shall not, as a general practice, top any tree on City-owned property. For purposes of this section, "top" shall mean to cut back severely the limbs of any tree within its crown so as to remove the normal canopy of the tree and to disfigure it. Trees severely damaged by storms or other causes or trees located under utility wires or other obstructions, where other pruning practices are impractical, may be topped at the direction of the City Manager or his designee.
F. Stumps of trees located along City streets and in City parks shall generally be removed below the surface of the ground so that the top of the stump does not project above the surface of the ground.
[Ord. No. 04-08, 4-27-2004]
Sec. 66-227. Removal of trees.
The City Manager shall not remove or permit the removal of any tree, shrub, or other vegetation from any City-owned property unless he or his designee has determined that such tree, shrub, or vegetation is:
A. Diseased;
B. Infected with injurious insects or pests;
C. Obstructing or endangering existing or proposed public improvements or the traveling public;
D. Dead or unsightly; or
E. A species not permitted under the City's master tree plan.
[Ord. No. 04-08, 4-27-2004]
Sec. 66-228. Pruning, trimming and removal of trees by public service corporations.
A. Except as otherwise provided by law or a franchise granted by the City, any public service or utility corporation desiring to cut, trim, or remove trees, shrubs, or other vegetation from City-owned property shall submit a written plan to the City Manager for review and approval.
B. The City Manager or his designee shall, upon receipt of such application, issue a utility permit therefor if it appears to that such cutting, trimming, or removal is necessary for the protection of life or property and is consistent with the provisions of this article. Such cutting, trimming, or removal shall be done properly and at the expense of such public service corporation.
[Ord. No. 04-08, 4-27-2004]
Fredericksburg City Code View whole ordinance
Chapter 72. Unified Development Ordinance
[HISTORY: Adopted by the City Council of the City of Fredericksburg 10-8-2013 by Ord. No. 13-16; recodified 12-12-2013. Amendments noted where applicable.]
SECTION 72-55. Landscaping
Sec. 72-55.6. 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 34 STREETS AND SIDEWALKS
ARTICLE II. WORK ON, OVER, UNDER OR AFFECTING STREETS GENERALLY
DIVISION 2. PERMIT GENERALLY
Sec. 34-43. Application.
(a) Application for a permit under this division shall be filed in the office of the director of public works on forms supplied by the city. Such application shall show all required information and be signed by the applicant or his authorized agent. Such application shall include a description of the work to be done and a sketch showing such work. Such sketch shall show the following:
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(5) Any tree which is to be removed, and the location and description of trees and shrubs within and adjacent to the right-of-way.
(b) An application for a permit for underground installations must be accompanied by a sketch showing:
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(6) The location and description of trees and shrubs within and adjacent to the right-of-way.
(Code 1956, ?? 19-18?19-20; Code 1964, ?? 37-18?37-20; Ord. No. 1029, 11-13-91; Ord. 1456, 1-24-07)
Sec. 34-49. Issuance for cutting, trimming or spraying trees or shrubs.
The director of public works may issue a permit under this division for the cutting, trimming or spraying of trees or shrubs on a street only when such work is fully justified in the public interest and the permit shall prescribe the manner in which such work is to be done.
(Code 1956, ? 19-35; Code 1964, ? 37-35; Ord. No. 1029, 11-13-91; Ord. 1456, 1-24-07)
Hampton City Code View whole ordinance
Chapter 35 SUBDIVISIONS
ARTICLE V. DEVELOPMENT PLANS?REQUIREMENTS, PROCEDURES FOR PERMITTING AND PERFORMANCE ASSURANCES
Sec. 35-108. Construction and maintenance of public improvements; performance bond in lieu of installation; maintenance bonds; release of bonds.
(A) Prior to approval of the final subdivision plat and upon approval by the director of public works, in writing thereon, of the development plans, the subdivider may complete, at its sole cost and expense, all physical improvements required by this chapter to be dedicated for public use, including, but not limited to any right-of-way located within the subdivision or section thereof, any trees, landscape plantings, street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system or other improvements or easements dedicated for public use, and to be maintained by the city, and for the provision of other on-site related improvements required by city ordinances for vehicular ingress and egress, including traffic signalization and control, for structures necessary to ensure stability of critical slopes, and for stormwater management facilities as shown on the development plans. Upon installation of the public improvements and inspection thereof by the city, the subdivider shall execute and file with the director of public works a maintenance bond guaranteeing the maintenance thereof and a certificate of insurance coverage as set forth in subsection (c) of this section. The final subdivision plat shall neither be approved nor recorded and no building permits shall be issued under this subsection until the public improvements have been installed and inspected, and the maintenance bond and insurance certification are submitted to the director of public works.
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(F) No maintenance bond shall be released until as-built construction drawings for all improvements, including, but not limited to street trees, landscape plantings, sanitary sewer and storm drains (including tops of curbs and flow lines for rights-of-way) are submitted on an 11-inch by 17-inch approved durable tracing medium and an approved digital version by the subdivider and/or developer for review and approval by the director of public works. Additionally, all detention, retention and impoundment best management practices ("BMP") shall require a certification of as-built conditions in accordance with the public works design and construction standards and chapter 33.2 of the City Code prior to the release of the maintenance bond.
(Ord. No. 11-0009, 8-10-11; Ord. No. 13-0004, 4-10-13; Ord. No. 14-0019, 9-10-14)
Hampton City Code View whole ordinance
Chapter 35.1 SITE PLANS
ARTICLE IV. PUBLIC IMPROVEMENTS?REQUIREMENTS, PROCEDURES FOR PERMITTING AND PERFORMANCE ASSURANCES.
Sec. 35.1-106. Construction and maintenance of public improvements; performance bond; release of performance bond.
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(F) No performance bond shall be released in full until as-built construction drawings for all public improvements, including, but not limited to street trees, landscape plantings, sanitary sewer and stormwater infrastructure (including tops of curbs and flow lines for rights-of-way) are submitted on an 11-inch by 17-inch approved durable tracing medium and an approved digital version by the owner or developer for review and approval by the director of public works. All detention, retention and impoundment best management practices ("BMP") shall require a certification of as-built conditions in accordance with the public works design and construction standards and chapter 33.2 of the City Code prior to the release of the performance bond.
?
(Ord. No. 13-0008, 5-8-13; Ord. No. 14-0020, 9-10-14)
Harrisonburg City Code View whole ordinance
Title 9 PARKS, RECREATION AND CULTURAL AFFAIRS
CHAPTER 6. PUBLIC TREE ORDINANCE
Sec. 9-6-3. Public tree work plan.
(a) The superintendent of parks shall have the authority to develop and administer an annual work plan for maintenance of existing public trees and plans for planting of any new public trees.
(b) The superintendent of parks shall have the authority to amend or add to the annual work plan at any time circumstances warrant its amendment.
(Ord. of 12-14-04)
Sec. 9-6-4. - Public tree advisory board.
The public tree advisory board is hereby established and is charged with advisory responsibilities to the operations of the city with regard to the care of public trees and the annual work plan.
This board shall consist of nine (9) members, four (4) residents or business owners in the city, together with one (1) representative from each of the following: department of parks and recreation, public utilities, community development, public works and the Harrisonburg Electric Commission. Resident or business owner members shall be appointed by the city council. Of the initial members, two (2) shall be appointed for a three-year term and two (2) shall be appointed for a two-year term. Thereafter, all appointments shall be for a three-year term and no member shall serve more than two (2) consecutive terms. Members shall serve without compensation. City staff and Harrisonburg Electric Commission members shall be appointed by their respective department heads.
(Ord. of 12-14-04)
Sec. 9-6-5. Duties and responsibilities of the public tree advisory board.
The board shall:
(1) Provide advice to the superintendent of parks on the annual work plan;
(2) Review requests by the city or others as provided below within thirty (30) days of receipt;
(3) Help provide public information and promote awareness for activities such as Arbor Day recognitions; and
(4) Develop lists of appropriate and/or inappropriate trees for planting on public property.
(Ord. of 12-14-04)
Leesburg City Code View whole ordinance
Chapter 2 - ADMINISTRATION
ARTICLE V. BOARDS AND COMMISSIONS
DIVISION 2. SPECIFIC BOARDS AND COMMISSIONS
Sec. 2-229. Leesburg Tree Commission.
(a) Recreated and reestablished. The Leesburg Tree Commission is hereby recreated and reestablished.
(b) Duties. The Leesburg Tree Commission vision is to provide leadership to enhance, expand and preserve the tree canopy for the benefit of the community. The commission is dedicated to promoting tree preservation and planting within the town, providing a healthy, diverse tree canopy, and ensuring an aesthetic quality of life for all citizens.
? Additional powers and duties.
(1) The Leesburg Tree Commission shall recommend tree preservation and enhancement ordinances.
(2) The Leesburg Tree Commission shall disseminate technical information for professional groups and developers, and shall strive to inform the general public of the community need for tree preservation.
(3) The Leesburg Tree Commission shall advise the town council in the development and maintenance of the policies, standards and guidelines of the town code and zoning ordinance which will provide guidance for persons involved in planting, preserving, protecting or replacing trees (tree management program).
(4) The Leesburg Tree Commission shall act as an advocate group to increase the tree canopy in the community by assisting in coordinating the efforts of the town council and private groups such as homeowner's associations.
(5) The Leesburg Tree Commission shall promote programs that educate citizens about trees and their benefits and assist in choosing appropriate trees and sites for planting.
(6) The Leesburg Tree Commission shall develop a capital tree management program for the public and private sector.
(Ord. No. 2008-0-17, ? XXIV(art. VII(2.97)), 6-24-2008)
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. 380-15. Performance evaluation.
The City Arborist shall collect and maintain all records and data necessary to evaluate whether progress is being made toward the stated goals of this chapter. An annual summary and analysis of the evaluation and recommendations for action shall be prepared and presented to the City Council.
Sec. 380-16. Administrative responsibilities.
A. The City Arborist or designee is hereby vested with the authority to carry out the following responsibilities:
(1) Develop and revise the Comprehensive Tree Management Plan for Tree Board and City Council approval.
(2) Implement a monitoring program to evaluate whether goals are being met.
(3) Direct municipal tree care operations.
(4) Assist with the preparation of, or review, the municipal tree care budget.
(5) Review and prepare comments for proposed site plan work that involves trees.
(6) Seek funding from state, federal or other granting agencies or resources.
(7) Conduct community outreach and education programs.
(8) Enforce ordinance provisions.
(9) Prepare and maintain all necessary current maps, plans and records relating to the various functions of this chapter.
(10) Report to the City Council annually on the work and activities related to the provisions of this chapter.
(11) Preserve historical records of the Arborist and the Tree Board.
(12) Provide limited advice to City residents concerning the care and maintenance of privately owned trees.
(13) Identify and promote community trees and facilitate the application process for community trees.
B. The Tree Board is hereby vested with the authority to carry out the following responsibilities:
(1) Review notification for activities that affect protected trees.
(2) Conduct community outreach and education programs.
(3) Assist with the development, revision and evaluation of the Comprehensive Tree Management Plan.
(4) Seek funding from state, federal or other granting agencies.
(5) Evaluate yearly whether progress is being made toward the goals of this chapter.
Lexington City Code View whole ordinance
Chapter 380. Trees
[HISTORY: Adopted by the City Council of the City of Lexington 4-20-2006 by Ord. No. 2006-03 (Ch. 25.1 of the 1970 Code). Amendments noted where applicable.]
Sec. 380-3. Policies regarding trees.
It shall be the policy of the City to:
A. Recognize that trees are a vital part of the urban infrastructure.
B. Promote the planting of site-appropriate trees along City streets.
C. Plant trees in "pocket parks" in the downtown area to preserve views and reduce conflicts between buildings and trees.
D. Properly plant and maintain trees to promote their longevity and safety.
E. Conduct a consistent and adequate program for maintaining and preserving trees.
F. Promote the involvement of both the public and private sectors in maintaining the health of the "community forest" of the City.
G. Identify and/or accept nominations for community trees located on private property, provide appropriate documentation of any such trees and provide for continuing protection of the same upon transfer of ownership of the property.
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. 380-4. City Arborist.
This chapter hereby establishes the position of City Arborist, whose authority and responsibilities are defined in ?? 380-14 and 380-16 of this chapter. The City Arborist shall be appointed by and shall act under the direction and control of the City Manager or his designee.
Sec. 380-5. Tree Board.
This chapter hereby establishes a City Council-appointed Tree Board with comment authority to serve as an advisory board to the City Council, Planning Department, and City Arborist. The Tree Board shall consist of five members appointed for three-year staggered terms.
? 380-6. Comprehensive Tree Management Plan.
The City Arborist shall have the authority to formulate, revise, and administer a Comprehensive Tree Management Plan known hereafter as the "plan." The plan shall be reviewed and approved by the Tree Board and the City Council. The plan shall govern tree planting, maintenance and removal of trees planted along City streets in public areas and make provisions for educating the public about trees.
Lynchburg City Code View whole ordinance
Chapter 38 TREES AND VEGETATION
ARTICLE I. IN GENERAL
Sec. 38-10. Planting by city on application of lot owner.
On the written application of any lot owner, desiring to have trees planted in the treelawn adjacent to his lot, and agreeing to pay the actual cost thereof, the urban forester may comply with such application, if the conditions are found to be favorable, and the convenient use of the street will not be affected thereby.
(Code 1959, ? 23.1-10; 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 I. IN GENERAL
Sec. 38-11. City maintenance of trees and vegetation in public rights-of-way.
(a) The city is not required 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 except as provided in subsection 26-28.1(c) of the city's weed ordinance. The city shall not cut and/or remove weeds, brush, plants, grass or other vegetation growing in the unimproved portion of the public right-of-way lying between any public street and private property lines except when the weeds, brush, plants, grass or other vegetation grow in such a manner as to obstruct the view of traffic signs, obstruct the view of an intersection or otherwise create a traffic hazard.
(b) If any tree growing in a public alley, unimproved street or other unimproved right-of-way is dead or is growing in such a manner that the branches, limbs or other parts of the tree extend or pertrude onto private property in a manner that constitutes a danger to citizens or property, the city 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 city when a tree is growing in such a manner that it needs to be cut and removed or pruned.
(c) Any adjacent property owner, tenant or citizen, at their own expense, may cut and/or remove any weeds, brush, plants, grass or other vegetation 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. No person shall cut and remove or prune any tree growing in the public right-of-way without first obtaining a permit from the urban forester as required in section 38-38 of the City Code.
(Ord. No. O-95-327, 12-12-95; Ord. No. O-99-254, 11-23-99)
Lynchburg City Code View whole ordinance
Chapter 38 TREES AND VEGETATION
ARTICLE I. IN GENERAL
Sec. 38-2. Community forest plan.
The urban forester is herewith charged to formulate and administer a community forest plan covering all trees and tree work within the municipal boundaries of the city. This plan shall list suitable species of trees to be planted on each of the streets or other public sites of the city. From and after the effective date of the community forest plan, or any amendment thereof, all planting shall conform thereto.
(a) The urban forester shall consider all existing and future utility and environmental factors in the formulation of this plan in order to minimize any conflict between trees and utilities.
(b) The urban forester shall have the authority to revise the community forest plan at any time circumstance dictates. An important tool in fulfilling the community forest plan and in managing overall supervision of all trees on city property shall be a computerized tree inventory system.
(c) The community forest plan shall utilize ANSI A300 (the standard set by the National Standards Institute). Pending issuance of any topical segment of A300, the Manual of Arboricultural Specifications and Standards of Practice shall comprise the standards for tree work and tree care in the city. (See section 38-23 below.)
(Code 1959, ? 23.1-2; Ord. of 5-23-78; Ord. No. O-81-106, ? 1,5-26-81; Ord. No. O-99-254, 11-23-99)
Lynchburg City Code View whole ordinance
Chapter 38 TREES AND VEGETATION
ARTICLE I. IN GENERAL
Sec. 38-3. Obstruction.
(a) Duty of occupant: It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees, shrubs, weeds and other vegetation, to prune such trees, shrubs, weeds and vegetation in such manner that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct view of any street or alley intersection. The minimum clearance of any overhanging portion thereof shall be eight feet over sidewalks, and 14 feet over all.
(b) Duty of property owner: It shall be the duty of any person or person owning or occupying real property bordering on any street upon which property there may be trees, shrubs, weeds and other vegetation which cause potential hazard to public safety, to prune or remove such trees, shrubs, weeds and other vegetation.
? Notice to prune: Should any person or persons owning real property bordering on any street fail to prune trees, shrubs, weeds and other vegetation as hereinabove provided, the urban forester shall order such person or persons to so prune such trees, shrubs, weeds and other vegetation within a reasonable time.
(d) Service of order: All notices to comply with the provisions of this article shall be served either by personal service, publication, posting or by certified mail and such procedures shall be deemed the equivalent of personal service. If the owner or owners of any unoccupied lot or premises is not a resident of the city and does not have an agent in the city upon whom notice can be served, notice may be given by sending the same by certified mail to the last-known address of the non-resident owner. The last known address of the owner shall be that shown on the current real estate tax assessment books or current real estate tax assessment records.
? Failure to comply: When a person to whom an order is directed shall fail to comply within the specified time, the city may prune such trees, shrubs, weeds, and other vegetation, and the cost thereof shall be recoverable from such person so failing to comply.
(Code 1959, ? 23.1-3; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99; Ord. No. O-12-136, 11-27-12)
Lynchburg City Code View whole ordinance
Chapter 38 TREES AND VEGETATION
ARTICLE II. URBAN FORESTER
Sec. 38-22. Urban forester.
The urban forester shall have the authority and jurisdiction of regulating the planting, maintenance and removal of trees on all publicly owned property in Lynchburg to ensure safety and/or preserve the aesthetics of such public sites.
(Code 1959, ? 23.1-11; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)
Sec. 38-23. Duties generally.
The urban forester shall have the authority to establish the rules and regulations of the arboricultural specifications and standards of practice governing the planting, maintenance, removal, fertilization, pruning, and bracing of trees on the streets or other public sites in the city, and shall direct, regulate, and control the planting, maintenance, and removal of all trees growing now or hereafter in any public area of the city. The urban forester shall cause the provisions of this chapter to be enforced. In the urban forester's absence these duties shall be the responsibility of a qualified alternate designated by the superintendent of buildings and grounds.
(Code 1959, ? 23.1-12; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)
Sec. 38-24. Supervision.
The urban forester shall have the authority and it shall be his duty to supervise or inspect all work done under a permit issued in accordance with the terms of this chapter.
(Ord. No. O-99-254, 11-23-99)
Sec. 38-26. Interference.
No person shall hinder, prevent, delay, or interfere with the urban forester or any of his assistants while engaged in carrying out the execution or enforcement of this chapter; provided, however, that nothing herein shall be cons1d as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the city.
(Code 1959, ? 23.1-13; 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. 38-39. Application?When due.
Application for permits required by the provisions of this article shall be made at the office of the urban forester not less than 48 hours in advance of the time the work is to be done.
(Code 1959, ? 23.1-15; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)
Sec. 38-42. Standards of issuance.
The urban forester shall issue the permit required by this article if, in his judgment, the proposed work is desirable and the proposed method of workmanship thereof is of a satisfactory nature.
(Code 1959, ? 23.1-18; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)
Sec. 38-43. Conditions.
The urban forester shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this chapter.
(Code 1959, ? 23.1-19; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)
Sec. 38-44. Expiration.
Any permit granted under the provisions of this article shall contain a definite date of expiration and the work shall be completed in the time allowed on the permit and in the manner as therein described.
(Code 1959, ? 23.1-20; Ord. of 5-23-78)
Sec. 38-45. Notice of completion.
Notice of completion of work authorized by a permit issued under the provisions of this article shall be given within five days to the urban forester for his inspection.
(Code 1959, ? 23.1-21; 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 1. GENERALLY
Sec. 122-33. Acceptance of trees and forest property.
The city may, by action of the city council, accept or reject any proposed transfer of property within the city containing trees or suitable for the growth of trees. If it accepts the transfer, the city will maintain the property, including any trees, under the terms of the instrument creating the transfer. Unless and until the city accepts ownership of the property, it does not acquire the responsibility to maintain any trees on private property within the city.
(Ord. No. O-2002-07, ? 1(31.1-2), 11-15-2001)
Manassas City Code View whole ordinance
Chapter 122 VEGETATION
ARTICLE II. TREE CONSERVATION
DIVISION 2. PRESERVATION AND REMOVAL
Sec. 122-52. Designation of trees.
(a) A tree becomes designated under this article when the owner of the tree consents, the city arborist recommends designation after consulting with the beautification committee, and the city council designates the tree by uncodified ordinance. No tree on private property shall be designated without the express written consent of the property owner.
(b) This article does 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.
(c) If the application of this article 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. However, it is the intent of the city that the application of this article not result in any taking of private property for public purposes without the express written consent of the owner. To the extent that the owner's express written consent grants the city any rights, that grant of rights is a gift.
(d) In deciding whether to designate trees, the city shall consider planned land use by the property owner.
(e) Designation of a tree under this section does not obligate the city to inspect, maintain, or take any other action with regard to that tree.
(Ord. No. O-2002-07, ? 1(31.1-4(c)?(g)), 11-15-2001)
Sec. 122-53. Education, advice, and assistance.
(a) The beautification committee and the city arborist shall educate the public on the benefits of tree designation and the monetary and nonmonetary value of trees.
(b) The beautification committee and the city arborist shall provide information on the care, preservation, maintenance and/or removal of particular designated trees to owners of those trees upon request.
(c) When materials are available for this purpose, the city arborist may provide materials to property owners for tree care, including fertilizer, soil conditioners, and ecologically safe pesticides.
(d) When a submitted site plan, subdivision plan, or building permit application concerns a property which has a designated tree, the city arborist shall advise the property owner of its presence and suggest ways of preserving and maintaining the designated tree.
(e) The city arborist may inspect designated trees from time to time for safety and maintenance. If the city arborist does an inspection, he will give the owners of the property his findings, if any, and recommendations, if any, related to the designated trees.
(Ord. No. O-2002-07, ? 1(31.1-5), 11-15-2001)
Manassas City Code View whole ordinance
Chapter 122 VEGETATION
ARTICLE II. TREE CONSERVATION
DIVISION 2. PRESERVATION AND REMOVAL
Sec. 122-51. Purpose of division.
This division regulates the preservation and removal of heritage, specimen, memorial and street trees, when such preservation and removal are not commercial silvicultural or horticultural activities, including but not limited to planting, managing, or harvesting forest or tree crops.
(Ord. No. O-2002-07, ? 1(31.1-4(a)), 11-15-2001)
Manassas City Code View whole ordinance
Chapter 122 VEGETATION
ARTICLE II. TREE CONSERVATION
DIVISION 3. PROTECTION AND NUISANCE ABATEMENT
Sec. 122-74. Tree canopy.
The city enforces a tree canopy ordinance, adopted under the authority of Virginia Code ? 15.2-961, through its zoning ordinance, chapter 130 of this Code. See section 130-216 et seq.
(Ord. No. O-2002-07, ? 1(31.1-9), 11-15-2001)
Martinsville City Code View whole ordinance
Chapter 21.5 TREES
Sec. 21.5-17. - Review.
The city council shall have the right to review the conduct, acts and decisions of the city tree board, and to reverse or amend them by majority vote.
(Ord. No. 2004-20, ? XVII, 1-25-2005)
Martinsville City Code View whole ordinance
Chapter 21.5 TREES
Sec. 21.5-2. Authority.
There is hereby created and established a city tree board for the City of Martinsville, which shall consist of five (5) members and shall be appointed by the city council. Members shall serve without compensation.
(Ord. No. 2004-20, ? II, 1-25-2005)
Sec. 21.5-3. Duties and responsibilities.
The board, in collaboration with the city manager and superintendent of schools or their designees, shall consider, investigate, make findings, reports, and recommendations regarding any special matter coming within the scope of its work.
It shall be the routine responsibility of the board to study, investigate, and develop recommendations for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other publicly owned areas.
(Ord. No. 2004-20, ? III, 1-25-2005)
Sec. 21.5-4. Term of office.
The term of the five (5) persons appointed by city council shall be three (3) years, except that the term of one member appointed to the first board shall be for one year and the term of two (2) members of the first board shall be for two (2) years. In the event a vacancy should occur during the term of any member, his/her successor shall be appointed for the un-expired portion of the term. All persons appointed to the board shall be governed by the policy for appointments to boards and commissions adopted by city council.
(Ord. No. 2004-20, ? IV, 1-25-2005)
Sec. 21.5-5. Operation.
The tree board shall choose its own officers, make its own rules and regulations and keep minutes of its meetings. A majority of the members shall constitute a quorum for the transaction of business.
(Ord. No. 2004-20, ? V, 1-25-2005)
Martinsville City Code View whole ordinance
Chapter 21.5 TREES
Sec. 21.5-8. Licensing.
It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing, spraying, or to otherwise treat trees, shrubs or vines on public property within the city without first producing evidence of a City of Martinsville business license.
(Ord. No. 2004-20, ? VIII, 1-25-2005)
Sec. 21.5-9. Insurance.
All contractors in the business of planting, cutting, trimming, pruning, removing, spraying, and otherwise treating trees, shrubs or vines on public property within the city shall show proof of liability insurance. This certificate of insurance shall be in the amount as required by the responsible city department. This coverage shall be for bodily injury or death and property damage, indemnifying the city or any person injured or damages resulting from the pursuit of such endeavors, as herein described.
(Ord. No. 2004-20, ? IX, 1-25-2005)
Middleburg Town Code View whole ordinance
Chapter 105 TREE PRESERVATION
105-12 Planting, Maintenance and Removal
The Town shall have the right to plant, maintain and remove trees, plants and other woody ornamental or parts thereof on public property or within Town easements. The Town Administrator or designee, upon the recommendation of the Streetscape Committee, may remove 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 sewers, electric power lines, gas lines, water lines, or other public improvements, or limits access to sewers, fire hydrants, electric lines or other utility lines or pipes or any other public improvements, or is affected with any injurious fungus, insect or other pest. A second opinion by an ISA certified arborist is recommended for the removal of any tree on public property or within Town easements that has a fifteen-inch (15?) or greater diameter at breast height (dbh). In the event that any tree is pruned by the Town or its contractor, a certified arborist shall be required to be on site during such pruning. Trimming, pruning, removal or treatment of any tree on public property or within Town easements shall be consistent with the International Society of Arboriculture as outlined in the American National Standards Institute A300 and Z133.1 Standards. In the event a tree is severely damaged by storms or other causes and must be removed on an emergency basis, the Streetscape Committee will be notified so proper tree replacements can be recommended where appropriate.
This Section does not prohibit the planting of street trees within the road right-of-way by abutting property owners as a donation or contribution, provided the Town Administrator grants prior written approval, after a recommendation from the Streetscape Committee. The selection and location of said trees shall be in accordance with provisions of this ordinance, the Middleburg Zoning Ordinance and any other applicable Town regulation.
The Town may also allow right-of-way plantings, other than trees, provided the Town Administrator, upon recommendation of the Streetscape Committee, gives prior written permission. A written request to install right-of-way plantings shall be addressed to the Town Administrator.
(Amended 2/10/2011)
105-13 Tree Management Plan
A tree management plan is required within site development plans and subdivision applications as noted in the Middleburg Zoning Ordinance. The Streetscape Committee shall serve in an advisory capacity to the Town in the administration of the Town?s landscaping, screening and open space regulations.
(Amended 2/10/2011)
105-15 Removal of Tree Stumps
Tree stumps located on public property shall be removed below the surface of the ground so that the top of the stump shall not project above the existing grade.
Middleburg Town Code View whole ordinance
Chapter 105 TREE PRESERVATION
105-17 Dead or Diseased Tree Removal on Private Property
When the Streetscape Committee finds that a tree growing on private property creates an elevated risk to the public safety or welfare, they shall recommend to the Town Administrator that the owner be required to remove the tree or otherwise eliminate the hazardous condition. If the property owner fails to comply with such order within thirty days of notification from the Town Administrator by certified mail, or sooner if necessary to protect the public safety, the Town Administrator or designee may enter the property, remove the tree or otherwise mitigate the hazardous condition, and assess the cost thereof against the property owner.
Middleburg Town Code View whole ordinance
Chapter 105 TREE PRESERVATION
105-3 Creation and Establishment of Middleburg Streetscape Committee
There is hereby created and established a Middleburg Streetscape Committee (hereinafter referred to as Streetscape Committee) for the Town of Middleburg, Virginia which shall consist of a minimum of three members, who shall be appointed by the Town Council.
105-4 Duties and Responsibilities
It shall be the responsibility of the Streetscape Committee to develop and update annually a management plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. The plan shall be presented annually to the Town Council.
The standards and specifications contained in the plan shall apply not only to work performed by the Town, but to private individuals and contractors as well.
105-5 Operation
The Streetscape Committee shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
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
Sections 217: Approved Tree/Shrub Material (Added 06/10/04)
(a) Trees and shrubs included in the list in subsection 217 (d) may be used to satisfy the planting requirements of this article. The list is divided into the following categories: canopy trees, ornamental trees and shrubs. Selections must conform to the varieties and functions identified on this list unless an alternative is approved per subsection 217 (b).
(b) Any applicant may apply to the Zoning Administrator for approval of substitute plants for any plant listed on the Town of Middleburg Approved Tree/Shrub List. The Zoning Administrator shall refer such requests to the Streetscape Committee for review and recommendation. The Zoning Administrator shall approve or disapprove the substitute plant request within sixty (60) days of such application.
(c) The Streetscape Committee shall annually review the Town of Middleburg Approved Tree/Shrub List and recommend any changes to the Town Council, which shall refer the matter to the Planning Commission for hearing and recommendation in accordance with the provisions of this ordinance.
(d) Town of Middleburg Approved Tree/Shrub List: (Tree/Shrub List Begins on Following Page)
Tables
- Canopy Trees
- Ornamental Trees
- Shrubs
Newport News City Code View whole ordinance
Chapter 29 PARKS, SQUARES AND RECREATIONAL FACILITIES
ARTICLE I. IN GENERAL
Sec. 29-4. General responsibilities of department of parks and recreation.
The department of parks and recreation shall be responsible for:
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(3) Operating and maintaining nurseries for flowers, vines, shrubs and trees for use in the public parks, grounds, streets and ways of the city;
(4) Planting and care of all flowers, vines, shrubs and trees in the public parks, grounds, streets and ways of the city;
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(Ord. No. 2789-81; Ord. No. 6977-13, ? 1)
Newport News City Code View whole ordinance
Chapter 40.3 VEGETATION
Sec. 40.3-1. General.
The city council hereby finds and determines that damage to city trees, shrubs and other landscape plants and vegetation on city properties and rights-of-way is a matter that affects the public health, safety and welfare. The city council, therefore, concludes that regulations affecting activities that result in such damage are necessary and appropriate.
(Ord. No. 5679-01, ? 1)
Newport News City Code View whole ordinance
Chapter 40.3 VEGETATION
Sec. 40.3-7. Conflict with local ordinances, statutes or regulations.
Whenever the regulations of this chapter establish a requirement that is more stringent than a similar requirement contained in any other local ordinance, statute or regulation, the regulations of this chapter shall govern. Whenever the provisions of any other local ordinance, statute or regulation establish a requirement that is more stringent than a similar requirement contained in this chapter, the regulations of such ordinance, statute or regulation shall govern.
(Ord. No. 5679-01, ? 1)
Newport News City Code View whole ordinance
Chapter 45 ZONING ORDINANCE
ARTICLE XXXII. BOARD OF ZONING APPEALS
Sec. 45-3204. Procedure for review and approval of special exceptions.
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(e) The board shall be authorized to hear and decide only those special exceptions listed below:
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(8) The board shall authorize as a special exception the use and/or reduction of any buffer area for uses associated with the higher intensity district and not otherwise permitted within the buffer area whenever the board finds the buffer area is screened or fenced in a manner that insures that any authorized concentration of people, cars, noise or associated activities will not adversely affect any use permitted in the abutting lower intensity district and the granting of such special exception is:
a. Necessary for the reasonable use of the property;
b. Not detrimental to uses in or permitted in the abutting lower intensity district; and,
c. Any reduction shall not reduce the required number of trees for the remaining buffer area.
The board in authorizing such special exceptions may impose reasonable conditions as may be required to insure compliance with this provision.
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(10) The board may grant a special exception reducing or eliminating privacy fencing or treed buffers provided all of the following are met:
a. Any such reduction or elimination is limited to:
1. Community facilities as specified in Article IV., section 45-402, Summary of Uses by District.
2. Uses authorized by and located within the Neighborhood Conservation district as defined by Article XXXI.
B. That the applicant shall clearly show that the proposed surface lot:
1. Requires a lesser amount of fencing or tree screening or no fencing or tree screening; and
2. The applicant shall clearly demonstrate that the reduction or elimination of the fencing or tree screening is necessary by reason of surface lot location, location of existing fencing, location of adjacent residences and other special circumstances as may warrant such reduction or elimination.
(11) The board may grant as a special exception an increase to the maximum required number of off street parking spaces permitted for a retail store or personal service establishment, a furniture or appliance store, wholesale establishment or service shop and an enclosed mall building, provided that:
a. Such increase will not be detrimental to the general character and development of the immediate area.
B. Satisfactory evidence is provided that additional parking cannot be provided through sharing arrangements with adjoining properties.
C. Any such increase in parking also shall meet the following criteria:
1. If the site is wooded, a tree survey shall be conducted on the site prior to land clearance or work being conducted on the site and all trees of six (6) inch caliper or greater shall be saved within all green areas;
2. Twenty-five (25) percent of the total site shall be landscaped in accord with a plan developed by the applicant for the special exception and approved by the director of planning. The approved landscaping shall be installed and maintained by said applicant;
3. A twenty-five-foot landscape strip shall be installed and maintained along the site's existing or planned street frontage;
4. Notwithstanding any other provision in the City Code, the only freestanding sign on an undeveloped site shall be a ground sign; and
5. Notwithstanding any other provision in the City Code, if the site is already developed, any existing freestanding signs on site shall be removed and replaced with ground signs.
(Ord. No. 5028-97, ? 1; Ord. No. 5048-97, ? 1; Ord. No. 5205-98; Ord. No. 5752-02; Ord. No. 5867-02; Ord. No. 5873-02; Ord. No. 6445-08)
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 25.2 NEIGHBORHOOD AND LEISURE SERVICES
ARTICLE I. IN GENERAL
Sec. 25.2-3. Duties of director.
Subject to the supervision and control of the city manager in all matters, the director shall be charged with the administration of the affairs of the department of neighborhood and leisure services, the supervision, planning, management, care and control of all public parks, gardens and city beautification, the maintenance and preservation of shade trees and shrubbery, the supervision, management, care and control of all recreative facilities of the city, now owned or hereafter acquired, including, but not limited to tennis courts, beaches, boat ramps, parks and playgrounds, the maintenance of school grounds and playgrounds, the enforcement of the property maintenance provisions of the Uniform Statewide Building Code, and the coordination, facilitation and delivery of neighborhood services. Coextensively with the director of public health, the director of neighborhood and leisure services and his designees are hereby empowered to administer and enforce all the provisions of sections 27-1 through 27-12 of the Norfolk City Code and to act pursuant to authority granted therein and perform all the duties required thereof.
(Ord. No. 39,590, ? 4, 5-18-99)
Norfolk City Code View whole ordinance
Chapter 31 PEDESTRIAN MALLS
ARTICLE I. IN GENERAL
Sec. 31-6. Responsibilities as to maintenance, repair and upkeep.
(a) The department of parks and recreation shall be responsible for the maintenance of grass, trees, plants, shrubs, planters, street furniture, pavilions and playground equipment on malls.
?
(Code 1958, ? 32.1-22)
Norfolk City Code View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION
ARTICLE I. GENERALLY
Sec. 45-3. Bureau of parks and forestry.
The bureau of parks and forestry, in addition to the responsibilities and authorities vested in it by chapter 25.2 of this Code, shall have the management, control and care of the area between the street curbing and the walkway, and of all trees and shrubbery on the streets, avenues and public grounds of the city, shall direct and regulate planting, transplanting, pruning, removal, care and protection of all shade and ornamental trees and shrubbery to be planted and cultivated, determining species and distances for such planting, and shall have all other necessary and convenient powers incident to the conduct of its duties.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-4. Duties of the city forester.
Under the supervision and direction of the director and the superintendent of parks and forestry, the city forester shall have the following responsibilities:
(a) To direct a comprehensive municipal forestry program encompassing natural resource conservation, preventative, corrective and routine maintenance, and reforestation components.
(b) To administer the tree ordinance and street tree management plan and perform whatever acts are necessary including the planting, maintenance, treatment and protection of trees, and the removal of dead, dying, diseased, damaged or hazardous trees, including trees which by virtue of their type, form, condition, size, location, or site conditions are predisposed to structural failure, or otherwise undesirable trees, shrubs and other vegetation located on city-owned property; and to ensure that all trees, shrubs and other vegetation located on city property conform with the tree ordinance, street tree management plan, and other controlling arboricultural specifications and standards.
(c) To establish and periodically review and revise, as necessary, controlling arboricultural specifications and standards, street tree planting and location standards, tree protection notes and details, and policies or practices to professionally manage the city's tree population and carry out the expressed intent of this article.
(d) To direct the development and operation of a municipal nursery.
(e) Administer a vegetated buffer protection program within the Chesapeake Bay Preservation Area Overlay District.
(f) To propose annual budget requirements and staffing and equipment requirements as deemed necessary to carry out the expressed purpose and intent of this article and street tree management plan.
(g) To establish and maintain a public relations program, including annual Arbor Day observations, Tree City USA certification, and other public relations programs in furtherance of the expressed purpose and intent of this article and the street management plan.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-6. City nurseries.
The bureau of parks and forestry shall have the authority to establish and maintain nurseries for the cultivation and growth of trees and plants for public use upon such land owned by the city as may be designated by the director of neighborhood and leisure services. Such nurseries shall be under the supervision of the bureau of parks and forestry and shall be operated under such rules and regulations as may be prescribed by the bureau. Such bureau is hereby authorized to supply and install trees and plants from its nurseries to be planted on the streets, parks, schools and other city-owned property, at such points as the bureau may deem expedient or for the purpose of replacing trees which have heretofore been planted, but which have died.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-10. Disposal or surplus trees or urban forest products.
The director may sell surplus nursery stock produced by the city and wood and other forest products generated through urban forestry and park operations which are not needed by the city. Monies generated from permit fees, donations, gifts and the sale of surplus nursery trees and wood or other forest products, or monies received as full compensation for the appraised value of trees removed by permit, shall be used solely for the purpose of enhancing urban forestry programs and operations.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-11. Payment in lieu of tree, shrub, and other vegetation replacement or mitigation.
In any situation where replacement or mitigation is required, and it is impractical in the opinion of the director to perform replacement or mitigation, the director may accept a payment in lieu of replacement or mitigation. The payment due shall be determined by the director according to controlling arboriculture specifications and standards.
(Ord. No. 41,728, ? 1, 2-15-05)
Norfolk City Code View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION
ARTICLE 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. 45-17. Review of application for permit.
(a) The director, within ten (10) working days of the receipt of an application for a permit, shall issue a permit to perform any of the specified acts for which a permit may be required pursuant to this chapter as long as the following conditions are met:
(1) When such acts would result in abatement of a public nuisance;
(2) When such acts consistent with the development and implementation of the street tree management plan or with any regulations and controlling arboricultural specifications and standards or with the purpose and expressed intent of this chapter;
(3) When an application has been signed by the applicant and submitted to the bureau of parks and forestry detailing the location, number, size and species of trees, shrubs and other vegetation would be affected by such acts, setting forth the purpose of such acts and the methods to be used along with any additional information the city forester may find reasonably necessary;
(4) When the applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this article, the street tree management plan and controlling arboricultural specifications and standards; and
(5) When the applicant certifies that he has read and understands the provisions of this article, the terms and conditions of the permit, controlling arboricultural specifications and standards, city tree protection notes and details, and street tree planting and location standards, or other applicable standards which are pertinent to the work for which the permit is sought; or
(b) The director may place certain conditions, limitations or other applicable standards and guidelines in the permit which he deems to be necessary to carry out the purpose and expressed intent of this article.
? The director may require the applicant to post a bond or provide a letter of credit in an amount and with surety and with conditions satisfactory to him securing compliance with the conditions and limitations set forth in the permit.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-18. Appeal of denial of a permit.
Any person aggrieved by the actions or orders of the director respecting issuance of a permit shall within ten (10) days from such action or order have an appeal to the city manager or to a person designated by the city manager to hear such appeals. The decision of the city manager or his designee shall be the final administrative remedy under this article.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-19. Revocation of permit.
The director may revoke any permit issued under this chapter if the work for which a permit is issued is not completed in full compliance of stated conditions and limitations or if the work is completed in an unsafe manner, or in violation of any provision of this chapter, the Virginia State Code [Code of Virginia] and guidance promulgated thereto, an order of the board of zoning appeals, or any other applicable permit. The director may also take action as is appropriate to remedy or restore to a safe condition any tree, shrub or other vegetation for which a permit has been revoked or suspended at the applicant's expense.
(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. 45-21. Stop work order.
The director may order the cessation of any work to any tree, shrub or other vegetation located on private property or public property when such work is completed in an unsafe manner which is deemed threatening to any property owned or controlled by the city, or the health, safety or welfare of the general public, or when such acts constitute a violation of this chapter. The director may further direct whatever action is reasonably necessary to protect the public safety, including, but not limited to, establishment of worker qualifications and work standards and specifications, hold harmless indemnification, and a liability insurance policy in the amount established by the director which names the city as an additional insured.
(Ord. No. 41,728, ? 1, 2-15-05)
Norfolk City Code View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION
ARTICLE III. TREE COMMISSION
Sec. 45-27. Tree commission?Created.
Pursuant to section 141 of the City Charter, there is hereby created the "Norfolk Tree Commission," which may be designated as "tree commission," and which shall act in an advisory capacity to the director.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-28. Same?Membership.
The tree commission shall be composed of nine (9) commissioners appointed by the council. The members of the commission shall serve without compensation and shall reside within the city. Of the commissioners initially appointed to the tree commission, three (3) shall serve for a term of one year, three (3) shall serve for a term of two (2) years, and three (3) shall serve for a term of three (3) years. Thereafter, each member appointed shall serve for a term of three (3) years with maximum service not to exceed four (4) consecutive full three-year terms. The council shall designate the individuals serving for the particular terms of the initial appointments and shall designate the chairman and initial chairman of the tree commission. The city forester shall serve in an ex-officio, nonvoting capacity and as a staff representative of the department of recreation, parks and open spaces.
The membership shall be selected to include persons from the business community and citizens at-large and persons having particular interests or associations with arboriculture, tree care, and/or landscape architecture.
(Ord. No. 41,728, ? 1, 2-15-05; Ord. No. 44,060, ? 2, 12-7-10)
Sec. 45-29. Same?Vacancy.
Within thirty (30) days following the expiration of the term of any appointed commissioner, who shall serve until his successor has been appointed and qualified, his successor shall be appointed by the council and the successor shall serve for the term of three (3) years. Should any commissioner resign or be removed from the tree commission, or a vacancy otherwise occur, a successor shall be appointed by the council to serve the unexpired term.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-30. - Duties of tree commission.
The tree commission shall perform the following duties:
(1) Within a reasonable time after its appointment, the tree commission shall meet and adopt rules of procedure for regular and special meetings to fulfill the duties imposed upon it by this article.
(2) It shall advise the director on any matter pertaining to the tree ordinance and its enforcement.
(3) The topics upon which this advice may be given shall include, but are not limited to, any of the following:
(a) Amendments to the Norfolk Tree Ordinance, or revisions to the street tree management plan;
(b) Policies concerning selection, planting, maintenance, removal of trees and other vegetation within the city;
? Establishment of educational, environmental and information programs;
(d) Establishment and administration of volunteer programs; and
? Recommend to the council any legislation, plans, policies and programs complementary to the intent and purpose of the city's municipal tree policy;
(f) Assist with public relations and education programs to increase public understanding of urban forestry issues, including programs developed by the department of recreation, parks, open spaces;
(g) Work with interested private organizations to raise money for projects involving city-owned trees and programs developed by the department recreation, parks, open spaces;
(h) Prepare and submit an annual report to the council and make presentations on an annual basis and as requested by the council;
(i) The tree commission is responsible for implementation of the Celebrate Trees program.
(Ord. No. 41,728, ? 1, 2-15-05; Ord. No. 44,060, ?? 1, 3, 12-7-10)
Portsmouth City Code View whole ordinance
Chapter 36 VEGETATION
ARTICLE II. TREES AND SHRUBS ON CITY PROPERTY
Sec. 36-26. - Definition.
As used in this article, the term "director" shall mean the city's director of parks, recreation and leisure services.
(Code 1988, ? 36-26; Ord. No. 1997-15, ? 2, 3-11-1997)
Cross reference? Definitions and rules of construction generally, ? 1-2.
Sec. 36-27. Permit for planting.
No person shall plant any tree or shrub on city property without first having obtained a permit from the director showing the variety, size and location of such tree or shrub. The director shall have authority to trim, prune or remove any tree or shrub planted in violation of this section without serving notice upon the owner of the abutting property.
(Code 1973, ? 36-1; Code 1988, ? 36-27)
Portsmouth City Code View whole ordinance
Chapter 36 VEGETATION
ARTICLE III. TREE PLANTING AND REPLACEMENT
Sec. 36-52. - Standards for planting and replacement of trees.
The following standards shall apply to the planting and replacement of trees:
(1) Any preliminary or final subdivision plat submitted in accordance with the subdivision ordinance (chapter 33 of the city Code), which creates a lot any site development plan submitted in accordance with the zoning ordinance (chapter 40 of the city Code), and any application for a building permit for a principal residential structure shall include a landscape plan. The landscape plan must be drawn to the same scale as the plat or site development plan and shall clearly indicate trees to be retained or planted to meet the requirements of this article. Trees to be retained on the site shall be clearly indicated by common and botanical names; their actual location on the site; and the extent of the site covered by the canopy of each tree. Stands of five or more trees may be grouped together and shall indicate the overall area to be encompassed by their canopies. Critical protection zones for all trees to be retained, as well as a description of any protective devices proposed to comply with subsection (10) of this section, shall be indicated. Trees to be planted on the site shall be clearly indicated by botanical and common names, their proposed locations on the site; and caliper and height. The plan shall include a note indicating that trees shall be planted in conformance with subsections (9)a and (9)b of this section. When a landscape plan for a site has already been approved as part of a subdivision or site development plan for a larger development, no new landscape plan shall be required, provided that the development of the site shall comply with all other provisions of this article.
(2)
a. The landscape plan shall provide for the planting or replacement of trees on the site to the extent that, after 20 years, minimum tree canopy cover percentages will be provided as specified in the Table 36.1, which table has been printed at the end of this article.
b. Canopy cover calculations shall be made based upon data provided in "Trees and Shrubs for Virginia Landscapes," Volume 1, 1989, by Bonnie Lee Appleton and Terri Chappell for the Virginia Nurserymen's Association; "Handbook of Landscape Tree Cultivars," 1989, by Willet N. Waddell; and "Landscape Plants in Design," 1983, by E. C. Martin, Jr. If a range of distance is provided for the width of a tree, the average of the range shall be used. In cases of conflict among the references, the larger width specification shall be used. The determined width shall then be divided by two to determine the radius of the tree canopy. This radius shall be multiplied by two-thirds to obtain the 20-year radius. The area of the canopy cover of the tree shall be calculated using the 20-year radius. If no data is provided in the references for a tree proposed to be used, canopy cover of the proposed tree and the reference source used to calculate that canopy cover shall be indicated on the landscape plan. To encourage the planting of a variety of tree species, the following credit will be given for each tree:
Calculated 20-Year Tree Canopy (Square Feet): Allowed Credit (Sqaure Feet)
- 0-300: 300
- 300-1,000: 1,000
- 1,000 +: 2,000
(3) The area of a site to be used in calculating canopy cover shall be the area of the zone lot as defined in chapter 40.
(4)
a. Trees shall be selected from those listed in the "Landscape Planting and Protection Manual, Portsmouth, Virginia," which may be amended as necessary by the city manager or his designee. Substitutions using trees not on the list may be made with the approval of the director or the director's designee. No tree from the list of nonacceptable trees may be used.
b. Small trees with single stems must have a caliper of 1? inches at the time of planting. Multistem trees must be a minimum of five feet in height at time of planting. Medium trees must have a minimum caliper of 1? inches and large trees must have a minimum caliper of two inches at time of planting. All trees must be planted in accordance with the planting specifications of subsection (9) of this section.
(5) Trees existing on the site may be used to satisfy the canopy coverage requirements of subsection (2) of this section. The landscape plan must identify such trees. Trees must be physically and structurally in good condition. All such trees on the site during construction must be protected in accordance with the provisions of subsection (10) of this section. Stands of five or more trees shall be credited canopy area equal to that covered at the time of application for approval of the landscape plan.
(6) Existing or proposed street trees planted or to be planted along the street in the public right-of-way may be used to satisfy the canopy coverage requirements. All trees must be approved by the director or the director's designee as required in subsection (7) of this section.
(7) No landscape plan shall be approved unless the director or the director's designee makes the following certifications:
a. All existing trees to be retained in compliance with the requirements of this article are physically and structurally sound;
b. Where street trees are proposed, the landscape plan provides for acceptable spacing, lawn area and species selection in relation to streets, sidewalks, utilities, traffic sight lines and parking areas.
(8) No certificate of occupancy shall be issued for any part of the development until the trees required by subsection (1) of this section for that part have been planted and all such trees have been determined to be physically and structurally sound by the director or by the director's designee. In lieu of actual planting, an applicant for a certificate of occupancy may post a bond or other form of security acceptable to the city attorney to ensure the timely completion of the approval tree planting plan.
(9) All trees to be planted shall be installed in conformance with the following criteria:
a. All trees to be planted in accordance with "American Standards for Nursery Stock," published by the American Association of Nurserymen. All trees shall be balled and burlapped or container-grown.
b. All trees shall be installed in accordance with the road and bridge specifications of the Virginia Department of Transportation and "Landscape Planting and Protection Manual, Portsmouth, Virginia."
c. The owner of the property shall be responsible for the continued proper maintenance of all trees located on the property. Where trees are installed in accordance with the provisions of this article, it shall be the responsibility of the lot owner to maintain the trees. The trees must be maintained, alive, for a period of one year. If any of the trees dies during the first year after planting, it must be replaced by the owner.
(10) Trees to be retained on the lot in accordance with the approved landscape plan shall be protected utilizing methods prescribed in "Landscape Planting and Protection Manual, Portsmouth, Virginia."
a. Trees or tree areas that are to be retained shall be marked visibly in the field prior to clearing or construction by use of one of the methods specified in the "Landscape Planting and Protection Manual, Portsmouth, Virginia."
b. Protection devices shall be installed prior to clearing or construction and shall be shown on the submitted landscape plan. Such devices shall be evident and effective and shall be maintained at all times. Failure to maintain such devices shall be cause for the issuance of a stop work order. Construction personnel shall be notified of the purpose and presence of the protection devices.
c. If it becomes necessary subsequent to clearing to remove additional trees which were shown on the approved plan to be retained, such trees may be removed if compliance with the required canopy coverage and all other requirements of this article are maintained and a revised landscape plan is approved.
(Code 1988, ? 36-52; Ord. No. 1990-50, ? 1, 6-11-1990; Ord. No. 1991-31, ? 2, 4-8-1991; Ord. No. 1993-13, ? 1, 2-8-1993; Ord. No. 1997-15, ? 2, 3-11-1997)
Canopy Cover Requirements
Zoning District: Canopy Cover
- M-1, M-1-R, M-2, CP, C-2, W-1, POP, OR-75, RM-60, HR, HLB, HLO, Downtown D-1, Downtown D-2, BP: 10% Canopy
- RM-75, RMH: 15% Canopy
- RS-75, RM-100, RM-125, RM-150: 20% Canopy
- USG, P-1, D-1: Not applicable
(Code 1988, Table 36.1; Ord. No. 1991-31, ? 3, 4-8-1991; Ord. No. 2000-35, ? 1, 9-26-2000; Ord. No. 2009-115, ? 8, 11-24-2009, eff. 1-1-2010)
Sec. 36-53. Exceptions.
The planning director may grant a partial exception to the requirements of this article under the circumstances listed in this section:
(1) Such exception shall reduce the required tree canopy by the minimum extent necessary to provide a reasonable buildable area.
(2) Exceptions may be granted under the following conditions:
a. Where the planning director finds that the combined requirements of this article, the zoning ordinance, any ordinances adopted in compliance with the Chesapeake Bay Preservation Act, or the requirements of chapter 39 of the city Code for the protection of tidal wetlands would result in the elimination of a reasonably developable area on the site.
B. Where the proposed use of the property is agriculture, outdoor recreation, or aviation and the planning director finds that full compliance with this article would unreasonably reduce the unwooded area of the site necessary for such use.
C. Where the proposed development is an expansion of an existing development on the same zone lot, the procedure for calculating required tree canopy coverage shall be modified by substituting the term "construction footprint" for the term "zone lot" in section 36-52(3).
(Code 1988, ? 36-53; Ord. No. 1990-50, ? 1, 6-11-1990; Ord. No. 1991-31, ? 2, 4-8-1991; Ord. No. 1993-13, ? 1, 2-8-1993)
Sec. 36-54. Exemptions.
A lot that is dedicated as a school site or a playing field or similar nonwooded recreation area is exempt from the requirements of this article.
(Code 1988, ? 36-54; Ord. No. 1990-50, ? 1, 6-11-1990)
Richmond City Code View whole ordinance
Chapter 2 ADMINISTRATION
DIVISION 8. DEPARTMENT OF PUBLIC WORKS
Sec. 2-427. Duties.
The Department of Public Works shall be responsible for:
?
(10) The operation and maintenance of nurseries for flowers, vines, shrubs and trees for use in the public parks, grounds, streets, and ways of the City;
(11) The planting and care of all flowers, vines, shrubs and trees in the public parks, grounds, streets, and ways of the City;
(12) The sale or exchange of the surplus products of the City nurseries;
?
(Code 1993, ? 2-199; Code 2004, ? 2-453; Ord. No. 2004-181-201, ? 1, 7-26-2004; Ord. No. 2004-360-330, ? 1, 12-13-2004; Ord. No. 2008-28-48, ? 1, 3-10-2008; Ord. No. 2010-21-67, ? 2, 4-26-2010; Ord. No. 2014-59-97, ? 3, 5-27-2014)
Cross reference? City-owned real estate, Ch. 8; Department of Public Works to be responsible for garbage collections, ? 23-41.
Richmond City Code View whole ordinance
Chapter 8 CITY-OWNED REAL ESTATE
ARTICLE XII. MAINTENANCE AND REMOVAL OF TREES ON CITY-OWNED PROPERTY
Sec. 8-544. Urban Forestry Commission.
(a) Established. There is hereby created and established an Urban Forestry Commission for the purpose of improving the City's urban forestry resources through policy development, advice, education and fundraising.
(b) Composition; terms of office. The Commission shall consist of two non-voting members and nine voting members. The two non-voting members shall be the Director of Public Works and the Director of Community Development, or their designees. Of the nine voting members, three members shall be appointed by the Mayor and six members shall be appointed by the City Council. The members of the Commission shall represent a range of expertise necessary to fulfill the purpose and duties of the Commission. One member shall be a certified arborist, and one member shall be a registered certified landscape architect. Except for the certified arborist, all voting members shall be residents of the City. No voting member shall be an officer or employee of the City, and no member shall hold any contract with the City, or subcontract thereof, to provide goods or services relating to City-owned trees. The members of the Commission shall serve for terms of three years, except for the initial nine voting members, of whom three shall be appointed to one-year terms, three shall be appointed to two-year terms, and three shall be appointed to three-year terms, to facilitate the staggering of member terms. However, upon the expiration of a term of office, the member holding that office may continue to serve until a successor is appointed and qualified. Any vacancy shall be filled for the unexpired term in the same manner as provided in this subsection. All other aspects of the Commission and its membership not addressed in this article shall be governed by Chapter 2, Article V, Division 1.
(c) Responsibilities and duties. The Commission shall fulfill the following responsibilities and duties:
(1) Advise the Director of Public Works regarding rules, regulations and policies promulgated under the City's Municipal Tree Policy and any revisions thereof.
(2) Recommend to the Council any legislation, plans, policies and programs complementary to the intent and purpose of the City's Municipal Tree Policy.
(3) Facilitate the development and adoption of a tree maintenance and management plan for City-owned trees.
(4) Assist with public relations and education programs to increase public understanding of urban forestry issues, including programs developed by the Department of Public Works, the Tree Stewards, the Friends of Urban Forestry and civic associations.
(5) Work with interested private organizations to raise money for projects involving City-owned trees and programs developed by the Department of Public Works.
(6) Prepare and submit an annual report to the Council and make presentations on an annual basis and as requested by the Council.
(7) Ensure the continuation of the Commission's purpose by annually providing a list of qualified candidates for expiring terms, if any, for consideration by the Mayor and the Council by May 30 of each year.
(8) Develop and assist with the adoption of a more comprehensive Municipal Tree Policy and present progress reports on its efforts in this regard to the Council's Land Use, Housing and Transportation Standing Committee upon the Committee's request.
(d) Rules of procedure. The Commission may adopt rules of procedure or bylaws not inconsistent with this division to govern the conduct of its meetings and operations. The Commission may elect a Chairman and such other officers in accordance with the Commission's rules of procedure or bylaws.
(e) Committees of the Commission. Only members of the Commission shall be permitted to serve as members of any Committee of the Commission.
(f) Meetings. The Urban Forestry Commission shall hold regular monthly meetings and other meetings as needed.
(g) Administrative support. The Department of Community Development shall provide staff support and an employee to serve as Secretary to the Commission.
(Code 2004, ? 26-650; Ord. No. 2009-174-184, ? 1, 10-26-2009; Ord. No. 2010-63-70, ? 1, 4-26-2010; Ord. No. 2011-102-113, ? 1, 5-23-2011)
Cross reference? Boards, commissions, committees and other agencies, ? 2-755 et seq.
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. 36.2-642. General landscaping and screening standards.
(a) General requirements.
(1) All portions of a lot which are not included in the calculation of impervious surface ratio shall be landscaped. Landscaping shall include plant materials as may be required by this division as well as open areas covered with grass or other vegetative groundcover.
(2) Landscaping within a sight distance triangle shall not include any evergreen tree and, furthermore, shall not include shrubs or ground cover exceeding thirty (30) inches in height above the graded ground level.
(3) When a determination of the number of required trees or shrubs, as set forth in this division, results in a fraction, any fraction shall be counted as one (1) tree or shrub.
(4) If the development of any portion of a lot includes the creation of a slope of two to one (2:1), horizontal to vertical, or greater, such slope shall be planted with vegetative cover, subject to determination of the Zoning Administrator that the methods of planting will hold the soil in place and that the proposed vegetative cover and rate of planting will ensure stabilization of the slope.
(b) Planting materials. Where landscaping is required by this division, the following standards shall apply:
(1) All trees required by this division shall be selected from the approved tree list in Table 642-1 and shall meet the applicable minimum height and caliper at the time of planting and suitability requirements as set forth in Table 642-1, unless otherwise provided for in this division. The Zoning Administrator may approve the use of trees not set forth in Table 642-1 to meet the minimum tree requirements of this division, subject to the Zoning Administrator's determination that the height, caliper, canopy, and suitability characteristics of such alternative trees are consistent with the intent and standards of this division. The resource for such determination shall be based on the published reference text, Manual of Woody Landscape Plants, fifth edition, 1998, by Michael A. Dirr.
(2) Where evergreen or deciduous shrubs are required by this division, such shrubs shall have a minimum height of eighteen (18) inches at the time of planting.
(3) Existing vegetation which meets the standards prescribed by this division, as determined by the Zoning Administrator, may be preserved and may be used to meet some or all of the landscaping requirements.
(4) All required landscaping materials shall meet the specifications and standards of the American Association of Nurserymen.
(5) Where the planting of trees which have a height at twenty-year maturity which would interfere with overhead utility lines, the Zoning Administrator may, as a part of development plan approval, permit the substitution of trees with a lesser height at maturity, provided the substitute trees shall be provided at a rate that will result in the same amount of total tree canopy.
(c) Screening. Where screening is required by this division, the following standards shall apply:
(1) Screening shall be visually opaque and constructed of a durable material.
(2) Screening shall be maintained by the owner of the property so as to meet the requirements of this division.
(3) Acceptable screening materials shall include stockade fences, decorative masonry walls, brick walls, and earth berms. The Zoning Administrator may approve alternative materials where their characteristics and design meet the intent and standards of this division.
(d) Landscape plan. For development plans subject to the requirements of this division, the following landscaping information shall be required as part of development plan approval:
(1) For a basic development plan, the landscaping information as set forth in Section B-1, Appendix B, shall be submitted; or
(2) For a comprehensive development plan, a Landscape Plan as set forth in Section B-3, Appendix B, shall be submitted.
(e) Installation. The installation of required tree canopies, landscaping, buffering, and screening shall meet the following requirements:
(1) Only healthy planting materials shall be used for required plantings.
(2) The planting of trees shall be done in accordance with either the standardized landscape specifications jointly adopted by the Virginia Nurserymen's Association, the Virginia Society of Landscape Designers, and the Virginia Chapter of the American Society of Landscape Architects, or the road and bridge specifications of the Virginia Department of Transportation.
(3) No temporary Certificate of Occupancy shall be issued until either the required landscaping is completed in accordance with an approved development plan or the property owner or developer provides a guarantee in a form acceptable to the City Attorney that ensures installation.
(A) A guarantee for required landscaping shall be an amount equal to one hundred ten (110) percent of the cost of the plants, related materials, and installation.
(B) All required landscaping shall be installed, inspected, and approved within three (3) months of acceptance of the guarantee.
(C) During any water emergency declared by the governing body in which the use of water is restricted, the Zoning Administrator may permit the delayed installation of required trees, plants, or screening materials. In this event, the property owner shall be required to maintain the guarantee. After a declaration of water emergency ends, the property owner shall install the required plants within thirty (30) days.
(4) No permanent Certificate of Occupancy shall be issued until the required landscaping is completed in accordance with an approved development plan.
(f) Maintenance. After approval by the Zoning Administrator that all landscaping required by this chapter is complete and in healthy condition, the property owner shall be responsible for the ongoing protection and maintenance of all required landscaping in a manner that complies with the requirements of this chapter and in conformance with the approved development plan. Where necessary to comply with the requirements of this chapter and the approved development plan, dead or damaged landscaping materials shall be replaced by the property owner within six (6) months of notification by the City.
(g) Modification of landscaping requirements. The Zoning Administrator may approve in writing a development plan subject to, in whole or in part, alternative landscaping, screening, or buffer yard standards if the Zoning Administrator finds that any of the following circumstances exist on the proposed development site, or surrounding properties, provided any such alternative plan shall provide the equivalent quantity of required vegetative material and shall have no additional adverse visual impact on adjacent properties or public areas or otherwise be inconsistent with the stated purposes of this division:
(1) Natural land characteristics, such as topography or existing vegetation, on the proposed development site would achieve the same intent of this division;
(2) Innovative landscaping or architectural design is employed on the development site to achieve an equivalent tree canopy, landscaping, screening, or buffering effect;
(3) The screening and landscaping for a required buffer would be ineffective because of the proposed topography of the site or the location of the improvements on the site; or
(4) The topography of adjacent and surrounding sites would render required screening ineffective.
(Ord. No. 37633, ? 14, 11-20-06; Ord. No. 37984, ? 6, 12-17-07; Ord. No. 38423, ? 1, 4-20-09; Ord. No. 39495, ? 1, 9-4-12)
Salem City Code View whole ordinance
Chapter 106 ZONING
ARTICLE II. DISTRICT REGULATIONS
Sec. 106-230. Urban forest overlay district.
Sec. 106-230.3. Establishment of urban forest overlay district.
(A) Urban Forest Overlay Districts shall include all parcels with frontage on one or more of the following roads:
1. West Main Street?Between 4th Street and the Western City Limits.
2. East Main Street?Between Thompson Memorial and Route 419.
3. Route 419.
4. Apperson Drive.
5. 4th Street?Between West Main Street and Union Street.
6. Wildwood Road.
7. Thompson Memorial Drive.
Salem City Code View whole ordinance
Chapter 106 ZONING
ARTICLE II. DISTRICT REGULATIONS
Sec. 106-230. Urban forest overlay district.
Sec. 106-230.7. Administration.
(A) All trees shall be locally adapted to the area and shall meet the specifications for the measurement, quality, and installation of trees outlined in this chapter.
(B) Landscaping shall not obstruct the view of motorists using any street, private driveway, parking aisles or the approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public safety upon any such street, driveway, parking aisle, or street intersection. Required sight distances shall apply to street trees. Larger trees with a central leader should be limbed up a minimum of eight feet for visibility and access. Trees with multiple leaders should be thinned. Any sight obstruction determined by the administrator shall be corrected immediately.
(C) The owner shall be responsible for the perpetual maintenance and protection of all trees required by this ordinance.
(D) Replacement of trees is permitted and shall be in accordance with the applicable provisions of this ordinance. Dead, unhealthy, or misshapen trees shall be replaced immediately by the owner.
(E) Maintenance includes actions necessary to keep trees neat and orderly in appearance and free of litter and debris. Pruning of trees shall be done in a manner that preserves the character of the tree and is not detrimental to the health of the tree.
(F) The administrator shall have the authority to enforce the requirements of this ordinance.
Sec. 106-230.9. Approved tree species in the urban forest overlay district.
(A) These tree species have been selected to grow to a minimum height of 20 feet and for other criteria such as absorption of ozone or particulate matter.
Salem City Code View whole ordinance
Chapter 106 ZONING
ARTICLE II. DISTRICT REGULATIONS
Sec. 106-232. Industrial park overlay district.
Sec. 106-232.5. Site development regulations.
(A) Notwithstanding the requirements of article IV, herein, the development regulations within the industrial park overlay district shall be as specified in the underlying zoning districts, with the following exceptions:
1. The front yard setback shall be a minimum of eight feet from the street right-of-way. For parcels adjacent to the Roanoke River, the rear yard setback shall be a minimum of eight feet from normal high water elevation.
2. For parcels adjacent to the Roanoke River, an eight-foot landscape buffer yard from normal high water elevation shall be established and reserved for natural vegetation.
3. When parcels abut a different zoning classification, a 15-foot buffer yard with two rows of large evergreen trees shall be planted within the buffer.
4. No perimeter landscaping as required under section 106-402.7 between parking areas and adjacent properties is required for parking lots with fewer than 100 parking spaces.
5. Planting islands at the ends of parking rows are not required for parking lots with fewer than 100 parking spaces.
6. Regardless of the number of parking spaces, rows of more than 20 parking spaces shall be broken up with an island containing at least one tree.
7. Front yard setbacks shall be professionally designed and landscaped with a combination of evergreen shrubs and deciduous trees. The required number of shrubs shall be a minimum of one shrub per 25 linear feet of frontage. The required number of deciduous trees shall be a minimum of one tree per 100 linear feet of frontage. These plantings may be grouped with the approval of the administrator.
8. Each parcel shall have a minimum of one canopy tree, as defined in section 106-230.9, per 100 parking spaces. For parcels containing fewer than 100 parking spaces, a minimum of one such tree shall be provided. These trees shall be located within large planting areas so as to shade parking areas or buildings.
9. Stormwater areas may be landscaped with bog plants, or as rain gardens, in conjunction with city stormwater regulations. Stormwater areas may include appropriately adapted trees or plants, which may count towards the overall landscaping requirements.
10. Structures that encroach into the front setback at the time of the adoption of this ordinance are exempt from the provisions of section 106-402.23(4). However all other requirements of section 106-402.23 are in full force and effect, as well as the requirements in section 106-526
(Ord. of 1-23-2012)
Sec. 106-232.7. Administration.
(A) The owner shall be responsible for the perpetual maintenance and protection of all landscaped areas required by this ordinance.
(B) Replacement of trees is permitted and shall be in accordance with the applicable provisions of this ordinance. Dead, unhealthy, or misshapen trees shall be replaced immediately by the owner.
? Maintenance includes actions necessary to keep trees neat and orderly in appearance and free of litter and debris. Pruning of trees shall be done in a manner that preserves the character of the tree and is not detrimental to the health of the tree.
(D) The administrator shall have the authority to enforce the requirements of this ordinance.
(Ord. of 1-23-2012)
Salem City Code View whole ordinance
Chapter 106 ZONING
ARTICLE IV. DEVELOPMENT STANDARDS
Sec. 106-402.19. Modifications.
(A) The requirements of this section shall be applied equally to all similarly classified and situated properties but may be modified or waived by the administrator where the intent of this section is preserved and where the proposed developments of new use meets any of the following guidelines:
1. Natural land characteristics and/or existing vegetation would achieve the same intent of this section, provided such natural features are maintained and not modified by the development or use of the site;
2. Innovative landscape design, staggering of planting, screenings or architectural design would achieve the intent of this section;
3. The amount of required buffer yard would occupy more than ten percent of the total lot, parcel of land or development site, and proportional increases of planting and screening are added which are determined by the administrator to offset any reductions of the required buffer yard; or
4. The subject uses are separated by an alley, public utility right-of-way, water body or other physical separation. In such case, the width of the separating feature may replace the buffer yard requirements on a foot-for-foot basis, provided the intent of the applicable screening and planting requirements is met. Where such separating feature is wider than the applicable buffer year requirements, one row of the applicable planting requirements may be waived for every five feet of separation in excess of the required buffer yard; provided, however, that a minimum of one row of plantings or screening may be required.
5. When property lines abut an adjacent jurisdiction, the administrator shall determine the specific screening and buffering requirements along the property lines after consideration of the zoning designation and or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated property within the city.
6. If site characteristics do not permit the compliance with these parking lot landscaping regulations and the requirements of section 106-404 (Off-Street Parking), then the administrator shall, after consultation with the city horticulturist, have the authority to determine which standards shall take precedent on the site.
7. The location and design of any required landscaped area may be modified by the administrator to achieve local stormwater management water quality objectives.
(Ord. of 3-14-05(2))
Sec. 106-402.21. Conflicting requirements.
(A) When buffering, screening or planting requirements are required by a conditional rezoning, or a special exception permit approved after the effective date of this chapter, and said requirements are in conflict with the requirements contained herein, the more restrictive requirements shall apply.
(Ord. of 3-14-05(2))
Sec. 106-402.23. Nonconforming uses and sites.
(A) Any lot or parcel of land having a lawful use that does not conform with the buffering, screening and landscaping provisions for this section shall be required to comply with these provisions if:
1. The lawful use is discontinued for more than two years; or
2. The lawful use is replaced in whole or in part by a higher intensity use type, i.e., commercial to industrial;
3. The associated building or structure containing the lawful use is removed; or
4. The associated building or structure containing the lawful use is enlarged, extended, reconstructed or structurally altered to the extent that costs exceed 25 percent of the building's or structure's fair market value prior to any improvement. For purpose of this section, all costs incurred from enlargement, extension, reconstruction or structural alteration of such structure during a three-year period shall be included in determining whether the costs of such improvements exceed 25 percent of the fair market value.
(Ord. of 3-14-05(2))
Salem City Code View whole ordinance
Chapter 95 PUBLIC TREES
Sec. 95-2. Master street tree plan.
(a) The city horticulturist shall have the authority to formulate, administer, and amend a master street tree plan. The master street tree plan shall specify the species of trees to be planted on each of the streets or other public sites of the city. From and after the effective date of the master street tree plan, or any amendment thereof, all planting shall conform thereto whenever possible.
(b) The horticulturist shall consider all existing and future utility and environmental factors when recommending a specific species for each of the streets and other public sites of the city.
(Ord. of 1-10-00)
Salem City Code View whole ordinance
Chapter 95 PUBLIC TREES
Sec. 95-8. Timing of application for permits.
Application for permits required by the provisions of this article shall be made at the office of the city horticulturist not less than 72 hours in advance of the time the work is to be done.
(Ord. of 1-10-00)
Salem City Code View whole ordinance
Chapter 95 PUBLIC TREES
Sec. 95-9. Decision review.
The director of streets and general maintenance shall have the right to review the conduct, acts, masterplanning, and decisions of the city horticulturist. Any person may appeal from any ruling or order of the city horticulturist to this director. If not satisfied by the decision of this director, the city manager shall review the matter and his/her decision shall be final.
(Ord. of 1-10-00)
Staunton City Code View whole ordinance
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.25 TREES AND SHRUBBERY ON PUBLIC PROPERTY
12.25.030 Landscaping advisory board and terms of members.
The city advisory landscaping board is hereby established and is charged with oversight of both ?street? and ?park? trees, as well as charged with advisory responsibilities to the horticultural operations of the city and the comprehensive landscape master plan.
It shall consist of five members, citizens, residents, and business owners of this city, with the director of public works, the city horticulturist, and director of parks and recreation as members ex officio. Members shall be appointed by council and of the initial members, three shall be appointed for a three-year term and two shall be appointed for a two-year term. Thereafter, all appointments shall be for a three-year term, and no member shall serve more than two consecutive terms.
Members shall serve without compensation. The board shall designate one of its members who shall serve as recording secretary for the board.
(Code 1985, ? 26-66; Ord. 2-10-99).
12.25.040 Duties and responsibilities.
The board shall:
(1) Serve to enhance the public participation in the beautification of the city through landscape improvements;
(2) Act as an advocate for both public and private landscaping, assisting in the coordination of both;
(3) Provide advisory oversight to the amendment and implementation of the comprehensive landscape master plan;
(4) Assist with the education of the public on matters of public landscaping through materials, public appearances and media exposure as appropriate;
(5) Act in an advisory and advocacy role to the city horticulturist, city manager and city council;
(6) Perform as required in SCC 12.25.060.
Upon approval of the goals, objectives and recommendations by the city council for the city of Staunton, the same shall constitute a part of the official city landscaping plan.
(Code 1985, ? 26-67; Ord. 6-25-87; Ord. 112-89; Ord. 2-10-99).
12.25.050 Operation.
The board shall choose its own officers, make its own rules and regulations, with the consent of the city manager, and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
(Code 1985, ? 26-68; Ord. 6-25-87).
12.25.070 Review by city council.
Any action, conduct or decision of the city landscaping board may be reviewed by the city council for the city of Staunton. Any person, firm or corporation aggrieved by such action, conduct or decision, may appeal therefrom in writing to the city council. Such appeal shall be filed with the city clerk within 30 days of such action, conduct or decision, and the filing of such appeal shall delay the implementation of such action, conduct or decision until the city council has heard the matter and made a final decision with respect thereto. In such cases, city council shall schedule a hearing upon such matter at either the next regularly scheduled meeting of city council following the receipt of such notice of appeal, or at the regularly scheduled meeting of council immediately following thereafter. The city clerk, upon receipt of such notice of appeal and further upon the matter being scheduled for hearing by the city council, shall notify in writing the city landscaping advisory board and the appellants of the time and date for such hearing.
(Code 1985, ? 26-70; Ord. 6-25-87; Ord. 2-1099).
Staunton City Code View whole ordinance
Title 18 ZONING
Chapter 18.175 LANDSCAPING AND SCREENING
18.175.030 Requirements and applicability.
(1) Landscaping Plan. Except as provided herein, a landscaping plan shall be submitted for review and approval with respect to all land use and development activities, to be commenced after the effective date of the ordinance codified in this chapter. ?Land use and development activities,? as used herein, shall mean those activities that require a building permit therefor or the creation of new parking areas or the enlargement of existing parking areas by more than four additional parking spaces (cumulative over a four-year period).
(2) Screening Plan. Except as provided herein, a screening plan shall be submitted for review and approval with respect to all land use and development activities within business, professional and industrial districts, designed to screen the uses of the most intensive use district from the adjoining least intensive use district and public streets.
(3) Exceptions. The requirements hereunder do not apply to:
(a) Individually developed single-family residences;
(b) Additions to or accessory buildings of single-family residences;
(c) Any alteration or reconstruction of buildings situated in the historic conservation district;
(d) Any construction necessitated by the destruction by fire, calamity, storm or other accidental means of less than 50 percent of pre-existing improvements;
(e) Interior and fa?ade improvements made to a structure not requiring any exterior enlargement thereof.
(4) Notwithstanding the foregoing, however, a landscaping plan is required for the development of a residential subdivision.
(Zoning ordinance Art. 5, ? 15)
18.175.040 Procedure and administration.
(1) The plans required to be submitted hereunder shall be submitted by the owner and the developer of the particular property involved to the director of planning for the city. Said director shall be responsible for the receipt and processing of such applications and shall have the authority to approve or disapprove such plans. Said director is hereby designated as the agent of the city for such purposes. If the director disapproved the plan, the director shall promptly notify the applicant and set forth the reasons why the plan was disapproved and, if necessary, suggestions as to corrections.
(2) Any applicant aggrieved by a decision of the agent may appeal such decision to the planning commission for the city of Staunton in writing within 30 days of the decision in question. The planning commission shall schedule such appeal for hearing at its next regularly scheduled meeting to be held at least 14 days after such appeal is noted. The planning commission shall render its judgment on the date the appeal is heard, unless by the agreement of all parties, the decision can be delayed.
(3) Any applicant who is aggrieved by the judgment of the planning commission may appeal such judgment to the council for the city of Staunton in writing within 30 days of the judgment rendered. Such appeal shall be heard by the city council at its next regularly scheduled meeting to be held at least 14 days after such appeal is noted. The city council shall render its judgment on the date the appeal is heard, unless, by agreement of all parties, the decision can be delayed.
(4) All appeals set forth above shall be filed with the agent and shall set forth the grounds upon which the petitioner is aggrieved. The agent shall promptly schedule such matter to be heard with the planning commission and/or the city council, as the case may be.
(5) Nothing herein shall deprive an aggrieved party from seeking a variance or other determination with respect hereto from the board of zoning appeals of the city of Staunton as permitted by local and state law.
(Zoning ordinance Art. 5, ? 15)
18.175.050 Plan contents.
The department of planning for the city of Staunton will assist those required to submit plans hereunder upon request. The landscape and/or screening plan should provide information such as:
(1) The location, size, and type of all proposed plant materials and screening measures.
(2) Existing trees with a caliper of six inches or greater, or wooded areas must be identified and considered for preservation.
(3) Existing landscaping features on the site to be retained.
(4) Location of utilities, including watering facilities for plantings on the site and drainage patterns.
(5) A plan of maintenance.
(Zoning ordinance Art. 5, ? 15)
18.175.060 Standards.
(1) The following minimum landscaping standards shall apply:
Landscaping shall consist of at least a five feet wide landscaped area, along the street right-of-way, in business and professional districts and at least a 10 feet wide landscaped area, along the street right-of-way, in the industrial districts. These areas are exclusive of the area required for sidewalks, public street rights-ofway, or parking. Utility easements can be used with the permission of the city.
(2) The following minimum screening standards shall apply:
Screening shall consist of a planting strip, existing vegetation, a slightly opaque wall or fence, or combination thereof, to the reasonable satisfaction of the agent. Where only vegetative screening is provided, such screening strip shall not be less than five feet wide in the business and professional districts and 10 feet wide in the industrial districts. Vegetative screening may consist of a double staggered row of evergreen trees planted 15 feet on center, or a double staggered row of evergreen shrubs planted 10 feet on center. Alternate methods of vegetative screening may be approved by the agent. Where a fence or a wall is provided, it shall be a minimum of six feet in height and plantings shall be required at intervals along such fence or wall.
(3) The following minimum street tree standards shall apply:
(a) Street trees shall be required along existing or proposed public streets and shall be planted with even spacing, or as otherwise required by the agent, adjacent to the public street right-of-way. One street tree shall be required for every 50 feet of road frontage, or portion thereof, if the street abutment is 20 feet or more in length, except as exempted in subsection (4) of this section. These trees should have a clear trunk height of at least six feet. The agent may waive these requirements in certain cases where site conditions warrant an alternate solution.
(b) Streets with posted speeds of over 35 mph shall have minor trees only planted along the right-of-way. Streets with posted speeds of less than 35 mph may have major or minor trees planted along the rightof-way.
? In the event that trees are desired along walkways adjacent to traffic flow, no tree shall be planted closer than 35 feet of any street corner, measured from the point of nearest intersecting curbs or curblines or pavement lines. No street tree shall be planted closer than 10 feet to any fire hydrant.
(d) No trees other than those species listed as 30 feet or less in height at maturity may be planted under or within 10 lateral feet to any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line, or other utility.
(4) The following landscaping requirements for new parking areas consisting of five spaces or more shall apply:
(a) Street Trees. Street trees shall be planted in accordance with subsection (3) of this section. The trees shall be planted between the street right-of-way and the parking area within the landscape setback. If this requirement creates a hardship by causing the relocation of required parking spaces, then the additional planting area may be counted toward the interior landscaping requirement.
(b) Interior Landscaping. An area equal to five percent of the parking and patron vehicular circulation area, as measured by the outside boundaries thereof, shall be landscaped to include trees and shrubs. Such landscaping shall be fairly uniformly dispersed throughout the vehicular parking and circulation area. At least one minor shade tree is required for each 10 parking spaces or portion thereof. Shrub plantings, except to the extent that they exceed five feet in width, adjacent to a building shall not be counted as interior landscaping. The requirements of subsections (4)(a), Street Trees, and (4)?, Additional Planting Along Public Streets, of this section and screening of parking lots are to be excluded as a part of the five percent interior landscaping requirement.
? Additional Plantings Along Public Streets. When a parking lot is located such that the parked cars will be visible from a public street, then additional landscaping of low street shrubs may be required between the street and the parking lot. Shrubs shall be in a single row planted five feet on center. All shrub plantings along entrances, exits, and intersections shall be kept below two and one-half feet so that visibility will not be impaired. Alternate methods of landscaping designed to minimize the visual impact of the parking lot may be approved by the agent.
(d) Wheel stops, curbing, or other barriers shall be provided to prevent damage to landscaping by vehicles. Where necessary, trees shall be walled or otherwise protected against change of grade. All pervious areas of the site shall be permanently protected from soil erosion with grass, ground covers, low shrubs, or mulch material. Special attention should be given to using plants that are drought tolerant.
(Zoning ordinance Art. 5, ? 15)
18.175.070 Exceptions.
In lieu of planting new materials, existing trees and vegetation may satisfy landscaping and screening requirements, subject to the agent?s approval. The landscaping plan shall indicate the trees to be saved, limits of clearing, location and type of protective fencing, grade changes requiring tree wells, or walls and trenching.
Upon review of the site and/or site plan, the agent, or the reviewing authority, may reduce or suspend any of the requirements of this chapter, if the site presents special circumstances whereby the strict compliance of this chapter will produce an undue hardship or if the spirit of the chapter has been met and deviation has been deemed to be in the best interest of the city.
(Zoning ordinance Art. 5, ? 15)
18.175.080 Approval period and revisions.
(1) All landscaping shall be planted and maintained according to established planting and maintenance procedures using good quality plant materials. The required plant materials may be chosen from a recommended species list provided by the agent. Plant materials not listed may be substituted for suggested plant material if such substitution is expressly approved by the agent.
(2) Approval of landscaping and screening plan under the provisions of this chapter is valid for a period of one year; however, if said plan is part of approved site plan in accordance with this title or an approved subdivision plan, then approval is extended for same period as the site or subdivision plan.
(3) Requested changes or revisions to approved landscaping and screening plans may be authorized in writing by the agent as long as said revisions do not, in the agent?s opinion, substantially affect terms of the original approval. Otherwise, the agent may require a new plan be prepared and submitted for review in accordance with the provisions of this chapter.
(4) All landscaping and screening required by this chapter shall be installed at the cost of the developer or property owner. The owner shall be responsible for maintaining all landscaping in good condition so as to present a healthy, neat appearance and shall be kept free from refuse and debris.
(5) All landscaping and screening features shown on the approved plan must be adequately maintained and kept in effect in order for approved plan to remain valid and not become a zoning violation of this title.
(Zoning ordinance Art. 5, ? 15)
18.175.090 Plans required prior to issuance of building permit.
No building permit shall be issued by the city until the applicant therefor exhibits to the building inspector the approved plans required by this chapter.
(Zoning ordinance Art. 5, ? 15)
18.175.100 Occupancy permit.
The building inspector for the city shall not issue an occupancy permit for such development until the landscaping and/or screening required hereunder has been completed. Notwithstanding the foregoing, however, the building inspector may issue a temporary occupancy permit with respect to the development, if, in the opinion of the building inspector, said landscaping and/or screening has been delayed for reasons beyond the control of the developer, such as weather and other causes.
(Zoning ordinance Art. 5, ? 15)
Staunton City Code View whole ordinance
Title 18 ZONING
Chapter 18.83 ENTRANCE CORRIDOR OVERLAY DISTRICT
18.83.050 Approval process.
?
(2) Minimum Requirements for Development Plan. Materials submitted with the application or on subsequent request by the zoning administrator or designee shall include clearly labeled plans, maps, studies, narratives, drawings, and reports depicting or presenting the following, with sufficient copies for necessary referrals and records, unless deemed unnecessary by the zoning administrator or designee due to the scope and nature of the proposed development:
?
(b) Tree preservation plan (to scale) to include:
(i) Survey of existing topography and location of existing trees (over three inches in caliper), their species, and caliper and other vegetation per SCC 13.10.010(6)(a)(i)(e)(I);
(ii) Existing trees and other vegetation to remain;
(iii) Existing trees and other vegetation to be removed; and
(iv) Location, extent, and construction details of proposed protection for existing trees and other vegetation to remain;
?
18.83.090 Design standards.
?
(5) Planting Requirements. The requirements of Chapter 18.175 SCC, Landscaping and Screening, shall apply with the following exceptions:
(a) Site plantings shall reflect design characteristics identified as desirable in the guidelines developed for each corridor.
(b) New development along corridors must incorporate as much of the existing plants as possible.
? No grading or other earth disturbing activity, storage of materials, equipment, or refuse shall occur within the drip line of any trees or wooded areas or intrude upon any other existing features designated for preservation as provided for in the most recent edition of the Virginia Erosion and Sediment Control Handbook.
(d) Plantings of major trees shall equal a minimum 10 percent of the parking and vehicular circulation area. Planting areas provided shall be a minimum of five feet wide.
(e) Plants shall not be used to screen poorly sited utilities; all utilities, site, and building equipment (including but not limited to loading docks, service entrances, dumpsters and other refuse containers) shall be built into the building envelope, be screened with architectural elements such as walls or extended parapets, or built into the site design.
?
(Ord. 2008-09)
Suffolk City Code View whole ordinance
Chapter 74 STREETS AND SIDEWALKS
ARTICLE IV. OTHER PUBLIC PROPERTY
DIVISION 2. TREES, SHRUBS AND OTHER VEGETATION
Sec. 74-205. Permits.
The city beautification and litter control commission is directed to establish a permit system to administer the provisions of this division. Permits for the planting, removal, pruning and cutting back of trees, shrubs, plants or other horticultural displays planted on any city street, alley or other public property shall be issued by the commission through the city manager's office.
(Code 1976, ? 24-29)
Sec. 74-206. Penalties.
Any person who shall violate any provision of this division shall be subject to a fine of not less than $5.00, nor more than $50.00. No conviction under this division shall relieve the violator from liability for damages to the city.
(Code 1976, ? 24-30)
Suffolk City Code View whole ordinance
Chapter 74 STREETS AND SIDEWALKS
ARTICLE IV. OTHER PUBLIC PROPERTY
DIVISION 2. TREES, SHRUBS AND OTHER VEGETATION
Sec. 74-201. Certain vegetation deemed public property.
All trees, shrubs, plants and every other kind or type of horticultural display planted on the streets, alleys or other public property within the city are public property; and their ownership shall be in the city.
(Code 1976, ? 24-25)
Sec. 74-202. Maintenance by beautification and litter control commission.
The city, in the interest of civic beautification, shall be responsible for maintaining all the trees, shrubs, plants and other horticultural displays planted on any city street, alley or other public property and designates the city beautification and litter control commission as its agent in administering its maintenance responsibility. The city beautification and litter control commission shall make such rules and regulations as it deems necessary in order to carry out this function subject to approval by the city council.
(Code 1976, ? 24-26)
Virginia Beach City Code View whole ordinance
Chapter 30 SOIL REMOVAL, OTHER LAND-DISTURBING ACTIVITIES
ARTICLE III. EROSION AND SEDIMENT CONTROL AND TREE PROTECTION
DIVISION 1. GENERALLY
Sec. 30-56. Findings of council.
The city council has determined that the trees and the lands and waters comprising the watersheds of the city are great natural resources; that as a result of erosion of lands by both winds and water and sediment deposition in waters within the watersheds of the city, such waters are being polluted and despoiled to such a degree that fish, aquatic life, recreation and other uses of lands and waters are being adversely affected; that the rapid shift in land use from agricultural to nonagricultural uses has accelerated the processes of soil erosion and sedimentation and tree removal; and that it is necessary to establish and implement, through the department of planning, a city-wide coordinated erosion and sediment control program to conserve and to protect the land, water, air, trees and other natural resources of the city.
(Ord. No. 1907, 8-21-89; Ord. No. 2144, 6-23-92)
Virginia Beach City Code View whole ordinance
Chapter 33 STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
DIVISION 2 PERMIT GENERALLY
Sec. 33-59. Issuance for cutting, trimming or spraying trees or shrubs.
The city manager or his designee my issue a permit under this division for the cutting, trimming or spraying of trees or shrubs 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 as directed by the city arborist or the superintendent of landscape services. Any bush, shrub, tree, vegetation, fence, wall, berm, landscape screening or the like, which obscures, hinders or creates visibility obstruction for vehicles entering a street from another street or from a driveway shall be trimmed, relocated, adjusted or removed, whichever action is deemed appropriate or necessary for traffic safety by the traffic engineer's office. For failure to remove, trim, relocate or adjust such item within fourteen (14) days after written notice from the traffic engineer, the city will cause such work to be accomplished at the expense of the owner in question.
(Code 1965, ? 32-41; Ord. No. 1078, 8-18-80; Ord. No. 2073, 6-25-91)
DIVISION 3. - PERMIT, INSPECTION AND GUARANTEE FEES
Sec. 33-71. - Schedule.
(a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall be required or not required in accordance with the following schedule:
?
Type of Project Permit
Fee Inspection
Fee Minimum
Guarantee
Fee
?
(3) Cutting, trimming or spraying trees or shrubs
- Permit fee: $100.0
- Inspection fee: $500
- Minimum Guarantee fee: $25.00
?
?
(Code 1965, ? 32-49; Ord. No. 1869, 5-15-89; Ord. No. 2073, 6-25-91; Ord. No. 2377, 3-26-96; Ord. No. 2633, 5-15-01; Ord. No. 2808, 5-11-04; Ord. No. 2876, 5-10-05; Ord. No. 3021, 5-13-08)
Waynesboro City Code View whole ordinance
Chapter 90 VEGETATION
ARTICLE II. PUBLIC TREES
Sec. 90-34. Timing of applications for permits.
Applications for permits required by the provisions of this article shall be made at the office of the city horticulturist not less than 72 hours in advance of the time the work is to be done.
(Code 1964, ? 29-9; Ord. No. 2007-41, 5-29-07)
Sec. 90-35. Review by city manager.
The city manager shall have the right to review the decisions of the city horticulturist pursuant to this article. Any person may appeal from any ruling or order of the city horticulturist to the city manager who may hear the matter and make the final decision.
(Code 1964, ? 29-10; Ord. No. 2007-41, 5-29-07)
Cross reference? City manager, ? 2-166 et seq.
Sec. 90-36. Voidance.
Any permits issued under the provisions of this article shall be void if its terms are violated.
(Ord. No. 2007-41, 5-29-07)
Waynesboro City Code View whole ordinance
Chapter 90 VEGETATION
ARTICLE II. PUBLIC TREES
Sec. 90-27. Master street tree plan.
(a) The city horticulturist shall have the authority to formulate and administer a master street tree plan. The master street tree plan shall specify the species of trees to be planted on each of the streets or other public sites of the city. From and after the effective date of the master street tree plan or any amendment thereof, all planting shall conform thereto.
(b) The city horticulturist shall consider all existing and future utility and environmental factors when recommending a specific species for each of the streets and other public sites of the city.
(c) The city horticulturist shall have the authority to amend or add to the master street tree plan at any time that circumstances make it advisable.
(Code 1964, ? 29-2; Ord. No. 2007-41, 5-29-07)
Winchester City Code View whole ordinance
CHAPTER 30 VEGETATION
ARTICLE II. TREES ON PUBLIC PROPERTY
DIVISION 2. ENVIRONMENTAL SUSTAINABILITY TASKFORCE AND CITY ARBORIST
SECTION 30-31. CITY ARBORIST
The City may employ a person or private contractor to serve as the ?City Arborist?. The City Arborist shall provide recommendations to the City Manager with regard to the removal of existing trees in the City of Winchester, planting and maintenance of tree in the City, and other matters for which it may be deemed that his knowledge, training, and experience could be of benefit to the City of Winchester.
(Ord. No. 2009-30, 10-13-09)
SECTION 30-32. ENVIRONMENTAL SUSTAINABILITY TASKFORCE CREATED; COMPOSITION; APPOINTMENT AND TERMS OF MEMBERS; FILLING VACANCIES.
(a) There is hereby created an Environmental Sustainability Taskforce that will assume all of the duties and functions previously assigned to the Tree Commission and the Natural Resources Advisory Board, both of which are hereby disbanded. The Environmental Sustainability Taskforce will be composed of seven (7) members, six (6) of whom shall be residents of the City appointed by Common Council. Initially, three (3) of the members shall be appointed to serve until December 31, 2015, and three (3) to serve until December 31, 2017. Thereafter all members shall serve for a term of four (4) years or until their successors take office. The City Arborist or other designee of the City Manager, shall serve as the seventh full voting member. The City Manager may remove and replace his designee at his discretion.
(b) With the exception of the City Manager?s designee, who may be appointed, removed, or replaced as described in paragraph (a), vacancies occurring on the Environmental Sustainability Taskforce other than through the expiration of term shall be filled for the unexpired term by the appointment of Common Council.
(c) During the pendency of appointment to fill a vacancy as described in paragraph (b), the City Manager may appoint an interim member of the Environmental Sustainability Taskforce who shall serve until such time as Common Council makes an appointment to fill the vacancy as described in paragraph (b).
(d) In accordance with Section 30-17, within thirty (30) days of receipt of a written appeal of a decision by the City Arborist regarding the issuance of a permit pursuant to this Article, the Environmental Sustainability Taskforce shall review the City Arborist?s decision and render a final written decision to sustain, reject, or modify the decision made by the City Arborist. Such determination by this committee shall be issued within thirty (30) days of review by the committee and shall be final and unappealable. The meetings of the committee convened pursuant to this section shall be an open public meeting. The City Manager or his designee shall appoint a secretary for such meetings who shall be responsible for recording minutes and ensuring that proper public notice is issued for any meetings of the committee. The City Manager or his designee shall also ensure that the City Attorney or his designee is provided with proper notice to attend the meetings to provide necessary legal advice as needed by the committee.
(Code 1959, ?19-4; Ord. No. 001-80, 1-8-80; Ord. No. 2013-34, 11-12-13)
SECTION 30-33. MEMBERS NOT COMPENSATED.
All members of the Environmental Sustainability Taskforce shall serve without compensation.
(Code 1959, ?19-4; Ord. No. 001-80, 01-08-80; Ord. No. 2013-34, 11-12-13)
SECTION 30-34. ORGANIZATION; ELECTION OF OFFICERS; QUORUM.
The members of the Environmental Sustainability Taskforce shall, immediately after their appointment, meet and organize. They shall elect a chairman, a vice-chairman and such other officers as they may deem necessary. A majority of the members of the Environmental Sustainability Taskforce shall constitute a quorum for the transaction of business.
(Code 1959, ?19-5; Ord. No. 2009-30, 10-13-09; Ord. No. 2013-34, 11-12-13)
SECTION 30-35. POWERS AND DUTIES.
The Environmental Sustainability Taskforce is an advisory board created to identify ways to reduce the impact of the City of Winchester on its environment, to encourage environmental stewardship and education among residents, to encourage collaboration among various entities in the Shenandoah Valley to preserve the environment, and to suggest areas for policy recommendation to the City Manager and City Council. The Taskforce also assumes the responsibilities of the former Tree Commission and Natural Resources Advisory Board with respect to permits and appeals as described in Chapter 30 and may be called upon to render advice to the City Arborist and City Manager regarding the planting and preservation of trees in the City of Winchester. This board serves in an advisory capacity only and possesses no adjudicatory, executive, or legislative powers.
The Environmental Sustainability Taskforce, at the request of the City Arborist or of the City Manager, shall provide advice and expertise regarding the trees now standing or hereafter planted on the streets, parks, public places and public grounds of the City. It shall have the duty to render advice and assistance to the City Arborist, at his request, as to the planting, trimming and removing of such trees and to provide advice and expertise to the City Arborist, at his request, as to the issuance of permits therefor.
(Code 1959, ?19-6; Ord. No. 020-2001, 5-8-2001; Ord. No. 2009-30, 10-13-09; Ord. No. 2013-34, 11-12-13)
SECTION 30-36. RECOMMENDATIONS TO COUNCIL.
The City Arborist, through the City Manager, shall, on or before March 1st of each year, recommend to the Council such regulations as may be necessary for the proper preservation and protection of trees and the improvement of any public park, public place or public grounds, to specifically include recommendations for planting and maintenance of such trees. The City Arborist may consult with the Environmental Sustainability Taskforce in formulating his annual recommendations as deemed necessary by the City Arborist.
(Code 1959, ?19-7; Ord. No. 020-2001, 5-8-2001; Ord. No. 2013-34, 11-12-13)
SECTION 30-37. INTERFERING WITH ARBORIST, TASKFORCE OR CITY.
It shall be unlawful for any person in any way to interfere, or cause any person to interfere, with the City Arborist, the Environmental Sustainability Taskforce, or any employee of the City of Winchester, its agents or employees while planting, spraying, removing or otherwise caring for and protecting any tree in any street, park, public place or grounds.
(Code 1959, ?19-13; Ord. No. 2013-34, 11-12-13)
Woodstock Town Code View whole ordinance
Chapter 26 ENVIRONMENT
ARTICLE VI. URBAN FORESTRY
Sec. 26-101. Urban forestry advisory commission.
An urban forestry advisory commission shall be established to perform the following duties:
(a) To develop, implement and maintain an urban forestry management program.
(b) To develop standards and guidelines for planting, maintenance, and preservation of public trees.
(c) To promote education of the general public on proper tree-care practices.
(d) To support the efforts of other groups interested in urban forestry in the town, such as master gardeners and Woodstock Enhancement Committee.
? To advise the town manager, town council and appropriate boards and commissions on matters pertaining to municipal plantings, and the designation of historic or landmark trees.
(Ord. of 9-7-2004)
Sec. 26-102. Establishment of urban forestry advisory commission. Modified
(a) The urban forestry advisory commission shall be made up of a minimum of five members. The members shall be appointed by the town council. In addition, the Virginia Department of Forestry's Area Forester shall serve as a standing committee member.
(b) The urban forestry advisory commission shall be made up of citizens with skills and an expressed interest in at least one of the following areas:
(1) Urban forestry.
(2) Landscaping.
(3) Arboriculture.
? Terms of office.
(1) Each member shall be appointed for a term of four years, or until their successors are appointed, except that the initial appointment of two members shall be for a three-year term, one member for a two-year term; the remaining two members for a four-year term.
(2) Members may be re-appointed to serve consecutive terms as determined appropriate by the town council.
(3) The commission shall elect a chair and vice chair who shall serve annual terms and may succeed themselves.
(d) Minutes and rules.
(1) The commission shall adopt such rules and regulations as it may consider necessary.
(2) The commission shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. It shall keep records of its examinations and other such official actions, all of which shall be immediately filed in the office of the commission and shall be a public record.
(3) All meetings of the commission shall be open to the public.
(4) A quorum shall be at least three members.
(Ord. of 9-7-2004; Ord. of 3-4-2014(2))
Sec. 26-103. Authority to receive funding and advisory services.
(a) All persons interested in urban forestry in the town are invited to make gifts, devises and bequests to the town to be used for that purpose. All donations of money shall be made through the department of finance, and it is hereby authorized and directed to receive such donations. All such monies shall be used only for the purpose of planting, maintenance, and promotion of the urban forest in the town. Expenditures from these donations shall be made by the town manager as authorized, from time to time, by the town council.
(b) The urban forestry advisory commission may, with the consent of the town council, apply for federal, state, or private grants or funding, and/or assistance, and to aid in the performance of their duties.
(c) Upon request of the urban forestry advisory commission with approval by the town manager, the departments, boards, commissions, offices and agencies of the town government shall furnish to the commission such available information and render such service as may be needed in the performance of their duties.
(Ord. of 9-7-2004)