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Alexandria County Code View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities CHAPTER 2 Trees, Shrubs, Plants and Vegetation ARTICLE C Removal or Destruction of Trees on Private Property Sec. 6-2-37 Designation of historic trees. (a) The city manager may designate as an historic tree any tree which she deems to be of notable historic interest because of its age, size, species, condition or historic association. Except as provided by section 6-2-36 of this code, or as may be approved by the city council after a public hearing, no historic tree shall be removed or destroyed. (b) No historic designation shall be made with respect to any tree or trees on property other than public property except following 21 days written notice by mail to all owners of record of the parcel on which the tree or trees to be designated are located and the owners have been given an opportunity to submit written comments to the city manager. (c) The city manager shall establish, and thereafter may amend, regulations for the administration of this section. The manager shall transmit such regulations, and any amendments thereto, to city council for its review and approval; provided, that any regulations established by the manager and any amendments thereto shall be effective upon their issuance by the manager and shall remain in effect unless and until disapproved by city council. The regulations established under this section shall at minimum include: (1) reasonable criteria for rating the factors of age, size, species, condition and historic association; (2) reasonable procedures for identifying the injury to the public health, safety and general welfare which would result from removal or destruction of the tree or trees to be designated and for determining whether such designation would substantially advance the purpose of protecting against the injury identified; (3) reasonable procedures for determining the diminution, if any, in the use or value of private property which would be caused by the designation and for determining whether any such diminution would be disproportionate to the injury to the public health, safety and general welfare which would be caused by the removal or destruction of the tree and would result in an unconstitutional deprivation of all or substantial use or value of private property; and (4) reasonable procedures for appealing to city council, in the manner provided in section 6-2-51,the manager's decision to designate or not to designate any tree or trees. (Code 1963, Sec, 39-12.7; Ord. No. 3298, 6/18/88 Sec. 5) Sec. 6-2-38 Designation of specimen trees. (a) The city manager may designate as a specimen tree any tree which she deems to be of extraordinary value because of its age, size, species, condition or quality of uniqueness. Except as may be provided by section 6-2-36 of this code, or as may be approved by the city council after a public hearing, no specimen tree shall be removed or destroyed. (b) No specimen designation shall be made with respect to any tree or trees on property other than public property except following 21 days written notice by mail to all owners of record of the parcel on which the tree or trees to be designated are located and the owners have been given an opportunity to submit written comments to the city manager. (c) The city manager shall establish, and thereafter may amend, regulations for the administration of this section. The manager shall transmit such regulations, and any amendments thereto, to city council for its review and approval; provided, that any regulations established by the manager and any amendments thereto shall be effective upon their issuance by the manager and shall remain in effect unless and until disapproved by city council. The regulations established under this section shall at minimum include: (1) reasonable criteria for rating the factors of age, size, species, condition and quality of uniqueness; (2) reasonable procedures for identifying the injury to the public health, safety and general welfare which would result from removal or destruction of the tree or trees to be designated and for determining whether such designation would substantially advance the purpose of protecting against the injury identified; (3) reasonable procedures for determining the diminution, if any, in the use or value of private property which would be caused by the designation and for determining whether any such diminution would be disproportionate to the injury to the public health, safety and general welfare which would be caused by the removal or destruction of the tree and would result in an unconstitutional deprivation of all or substantial use or value of private property; and (4) reasonable procedures for appealing to city council, in the manner provided in section 6-2-51, the manager's decision to-designate or not to designate any tree or trees. (Code 1963, Sec. 39-12.8; Ord. No. 3298, 6/18/88, Sec. 6) Sec. 6-2-39 Interim designation of historic or specimen trees. Whenever the arborist has determined that any tree should be protected by designation as an historic or specimen tree under the provisions of section 6-2-37 or 6-2-38, and the city manager has determined to proceed with designation, the city manager shall forthwith issue an interim designation of such tree as an historic tree or a specimen tree, as the case may be. No tree so designated shall be removed or destroyed except as provided in section 6-2-36. Such interim designation shall remain in force and effect for 30 days: provided, however, that no such interim designation shall continue in force and effect beyond the time at which the manager determines to approve or disapprove the designation under the provisions of section 6-2-37 or 6-2-38. Notice of such interim designation shall be posted in a prominent and secure fashion on or about any tree or group of trees so designated. No such notice shall be removed or destroyed other than pursuant to the directive of the city manager, and the unauthorized removal of such notice shall constitute a separate offense under the provisions of this chapter. Such notice shall clearly state that removal or destruction of such tree or trees and/or removal or destruction of such notice, constitutes a violation of this chapter and shall set forth the penalty provided by law upon conviction of such offense. (Ord. No. 3289, 4/26/88, Sec. 2; Ord. No. 3298, 6/18/88, Sec. 7)
Arlington County Code View whole ordinance
CHAPTER 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.
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- 3-3. Penalties. Any person or entity who violates any provision of this Article by causing, contributing to, or permitting injury to or removal or destruction of a Heritage, Memorial, Specimen, or Street Tree shall be subject to a civil penalty not to exceed $2,500 for each violation. Civil penalties shall be imposed by the issuance of a civil summons by the County Manager. Any person or entity served with a summons shall have thirty (30) days in which either to pay a fine to the Treasurer of Arlington County, Virginia, or to appeal the violation to the General District Court. 67-3-4. Exceptions. The provision of this Article shall not apply (a) to work con ducted on federal or state property; (b) to emergency work to protect life, limb or property; © to routine installation, maintenance and repair of cable and wires used to provide cable television, electric, gas or telephone service; (d) to activities with minor effects on trees, including but not limited to home gardening and landscaping of individual homes; and to commercial silvicultural or horticultural activities, including but not limited to planting, managing, or harvesting forest or tree crops.
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)
Chesapeake City Code View whole ordinance
Chapter 70 SUBDIVISIONS ARTICLE III. DESIGN STANDARDS Sec. 70-91. Preservation of natural features and amenities. (a) In general. (1) Existing natural features which would add value to development or to the city as a whole, such as trees, watercourses, historic spots, and similar irreplaceable and beneficial assets, shall be protected wherever practical in the design of the development. Special consideration should be given to specimen and historic trees and specimen vegetation. (2) This section shall apply to apartment and townhouse developments and office and commercial developments adjacent to established single-family residential developments. Bona fide farming, forestry projects, and commercial tree businesses are exempt from the regulations contained in this section. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Historic tree means any tree which has been specifically designated by the city council to have been closely associated with an historical event, place, or age. Person knowledgeable means a person, because of education and training, having the skills necessary to determine types and characteristics of trees, including planting and protection methods. Such person shall meet the experience criteria required for the Virginia Nurserymen Certification. Specimen trees and shrubs means any woody plant which, due to circumference, height, or location, is deemed to be an unusual example of its species. Such woody plants deemed to be specimens will generally qualify as a "record" or "champion" tree under the criteria of the Virginia Forestry Association and will be certified as such or have certification pending. A specimen tree or shrub may also qualify as such on the basis of location, being any woody plant at the extremity of its natural range as defined by the Old Dominion University botany department. Tree means any self-supporting woody plant growing upon the earth which usually produces one main trunk measuring no less than four inches in diameter at 4½ feet from the ground, with a minimum overall height of 15 feet, and which produces a more or less distinct and elevated head with many branches. © Site analysis. In conjunction with the preparation of a preliminary or final plat, the developer/owner shall cause to be made, by a person knowledgeable, a site analysis showing all of the natural features and amenities present on the property. This analysis and resulting preliminary plat shall consider the following: (1) The adaptability and compatibility of existing trees with proposed development, including a consideration that additional fill material for construction activities will be necessary. (2) The presence of specimen and/or historic trees and shrubs. (3) The presence of rare or endangered vegetation which may be relocated by transplanting. (4) The adequacy of proposed protection measures. (5) The numbers, health and vigor of trees located in areas designated for retention. (6) The proposed removal of trees shall be based on the fact that such trees are damaged or diseased, that their presence would unduly restrict the use or enjoyment of the property, that such trees are too close to proposed building or utilities, or would unduly impede drainage. (7) Alternative landscaping measures which would protect and preserve such amenities. (d) Review of plats. Information derived from subsection © of this section shall form the basis for such conservation, replanting and landscaping plans for the project as required by the planning commission in its review of the developer/owner's preliminary and final plats. The planning commission may grant variances or other modification's from the requirements of this section provided that the purpose of same is preserved. Additional plat requirements. (1) The total number of trees to be retained or planted by the developer/owner shall, at a minimum, be equal to one per unit for townhouse developments and one per four units for apartment projects. Healthy, natural trees retained shall be considered to be two planted trees. At such time as 50 percent of the development has been constructed, at least 30 percent of the items shown on the approved landscaping plan shall have been completed. The final ten percent of such development shall not be occupied until the total landscaping plan has been completed. (2) The side and/or rear yards of business and office and institutional zoned areas, as prescribed by section 5-3 of the city zoning ordinance, which abut residentially zoned property shall be utilized as a planted buffer, including fencing as well as natural or planted growth. (3) Replanted trees shall be at least two inches in caliper. (f) Enforcement. (1) This section shall be enforced by the director of the department of planning or designee. (2) After approval of a final plat, a landscaping permit shall be obtained by the developer/owner from the department of planning. A fee as specified in section 70-191 must be paid for the permit. Upon final completion of required landscaping, the developer/owner shall coordinate a field inspection by a representative of the department of planning to determine compliance with the approved plat. (Code 1970, § 25-21.1; Ord. of 5-20-86; Ord. of 7-18-89)
Chesapeake City Code View whole ordinance
Chapter 70 SUBDIVISIONS ARTICLE VI. CLUSTER DEVELOPMENT SUBDIVISIONS Sec. 70-203. Existing resources and site analysis map. (c) Content. The existing resources and site analysis map shall conform with the following criteria: (5) Vegetative cover on the property, including cultivated land, permanent grassland, meadow, pasture, old field, hedgerow, woodlands, wetlands, trees with a caliper in excess of 15 inches, and the actual canopy line of existing trees and woodlands. Vegetative types shall be described by plant community, relative age, and condition. (Ord. No. 04-O-080, 5-18-04) Sec. 70-212. Conservation land design standards. (a) Prioritized list of resources to be conserved. The design of conservation land in any cluster development shall reflect the standards set forth in this article and section 6-2200 of the zoning ordinance. Designated conservation land shall incorporate the following resources if they occur on the parcel (listed in order of significance): (7) Hedgerows, groups of trees, and large individual trees of botanic, historical or aesthetic significance. (Ord. No. 04-O-080, 5-18-04)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING Article IV. SITE DEVELOPMENT STANDARDS 4.6 Signs 4.6.4 Prohibited signs A. General Signs with the following general characteristics are prohibited in the city of Fairfax: 5. Signs painted on or attached to bike racks, bollards, hydrants, parking meters, public benches, refuse containers, sidewalks or walkways, street light poles, trees, utility poles and similar facilities; (10-1-16)
Falls Church City Code View whole ordinance
Chapter 48 ZONING ARTICLE V. SUPPLEMENTARY REGULATIONS DIVISION 8. LANDSCAPING Sec. 48-1180. Tree canopy coverage required for single-family residential development. (a) It is the intent of this section to regulate existing and replacement trees and/or shrubs to provide tree canopy coverage on developing and/or redeveloping residential lots zoned R1-A, low density residential and R1-B, medium density residential. (b) Trees designated by the city as historic, specimen, street, park, memorial and other public trees shall be regulated pursuant to chapter 44, article II, pertaining to trees and shrubs. (c) All developments, redevelopments, and/or land disturbing activities that are located in R1-A and R1-B zones that will disturb greater than or equal to 2,500 square feet of land shall provide for the preservation and/or planting of trees on the lot to the extent that, at a maturity of ten years, the minimum lot coverage of the tree canopy shall be 20 percent. (d) Tree canopy coverage includes all areas within a lot's property lines beneath the dripline of vegetation. Calculation of the tree canopy coverage shall be the sum total of the existing vegetation and replacement vegetation. (1) Preserved tree canopy coverage vegetation shall include the dripline beneath trees that measure no less than two inches in diameter at breast height (DBH) six inches above ground level and shrubs that measure no less than five feet in height. (2) Replacement tree canopy coverage shall be as calculated by the most recent standards for tree canopy coverage by the Virginia Nursery and Landscape Association. Vegetation that is not included in this list may be substituted for vegetation of similar growth rate, type and form. (e) Existing vegetation that shall be credited towards the required tree canopy coverage includes: (1) Existing or relocated trees and/or shrubs that have been preserved in accordance with a landscape conservation plan, pursuant to article IV, division 16 of this chapter, pertaining to Chesapeake Bay preservation area overlay district. (2) Canopy coverage from existing trees and/or shrubs shall be multiplied by 1.25 to determine the total tree canopy from preserved trees and shrubs. This is to encourage the preservation of existing vegetation and to recognize the additional environmental benefits that mature trees provide. (f) Existing vegetation that shall not be credited towards the required tree canopy coverage include: (1) Trees with a rating of fair to poor and with a life expectancy less than ten years, as calculated by the city arborist using the most recent edition of the Guide for Plant Appraisal, published by the International Society of Arboriculture. (2) Undesirable and/or invasive vegetation, as published by the Virginia Department of Conservation and Recreation (DCR) and the Virginia Native Plant Society (VNPS). (g) Replacement vegetation is required on lots that do not meet the minimum tree canopy coverage requirements either through the preservation of existing vegetation or due to the absence of tree canopy coverage present at the time of development or redevelopment. (1) Replacement vegetation should be chosen from the Recommended List of Trees and Shrubs to Plant in the City of Falls Church. (2) Substitute vegetation may be considered, provided it does not negatively impact native plant communities, cause damage to nearby structures and infrastructure, or possess inherent physiological traits that cause such trees to structurally fail. (3) Size, planting and installation specifications of the required replacement vegetation shall be pursuant to this section. (h) In addition to the quantity of the replacement vegetation, its quality shall be encouraged through providing tree canopy coverage credit. Credit shall be given for the following types of vegetation that are selected and planted on the lot so that it improves the overall health and condition of the urban tree canopy and provides for additional environmental benefits. (1) A best management practice (BMP) credit of 25 percent of the tree canopy of the individual tree shall be given for those trees that are used in rain gardens, bio-retention areas or other vegetative best management practices. (2) An energy conservation credit of 25 percent of the tree canopy of the individual tree shall be given for those types of trees that are an approved species for energy conservation. Trees shall be located 20 to 35 feet from the edge of a building and shade its western, southwestern or northern exposure from 2:30 p.m. to 7:30 p.m. from May through September. (3) A species diversity credit of an additional ten percent shall be given for the use of not more than 20 percent of the trees to be of the same species. (4) A utility line compatibility credit of the average of the listed shade trees shall be given for trees that are an approved species that do not conflict with overhead utility lines. This credit applies when site constraints do not allow for the planting of shade trees elsewhere on the lot. (i) Installation and bonding requirements of replacement vegetation shall be regulated pursuant to article V, division 7 of this chapter, pertaining to site plans. (j) Where areas to be preserved (as designated on an approved landscape conservation plan) are encroached upon, the city arborist may require the replacement of any vegetation damaged or destroyed. The size, species and quantity of these replacements shall be determined by the city arborist based on the value of the vegetation removed as calculated by the latest formula published by the International Society of Arboriculture. (k) Modifications to the tree canopy coverage requirement in this section may be permitted when in the professional opinion of the city arborist, a lot's unique physical constraints will not allow for the planting of the replacement vegetation. Only in these cases, the city arborist may allow a cash contribution to the tree canopy coverage fund or off-site mitigation fund whereby a portion of a lot's tree canopy coverage requirements may be met from off-site mitigation planting or replanting at locations at the direction of the city arborist. (l) The tree canopy coverage fund or off-site mitigation fund shall be established for the deposit of cash contributions and mitigation fees, when necessary, and administered by the city arborist. This fund shall be utilized to plant trees on public and/or private properties within the city boundaries. (1) Cash contribution shall be based upon the replacement cost of the vegetation. The replacement cost shall be the sum total of all costs to purchase, transport, plant and guarantee the tree for one year from the date of planting. (2) Requests for tree plantings on private property shall be prioritized based on the lot's location in the sub watershed, existing tree canopy coverage and other site conditions that would improve the urban tree canopy. The commitment of the homeowner to provide longterm care for the planting shall be required. (3) Tree plantings shall be contracted out yearly and documentation provided to the tree commission and/or other interested parties as to the fund's administration, and the locations and types of trees planted. (Code 1982, § 38-30(b); Ord. No. 1766, 9-13-2004)
Falls Church City Code View whole ordinance
Chapter 38 - SUBDIVISIONS ARTICLE III. PREPARATION OF PLATS Sec. 38-58. Preliminary plats. Preliminary plats shall be drawn to a scale of not smaller than one inch equals 50 feet and may be of one or more sheets as necessary to show the following information: (6) Location of all historic trees and specimen trees, as defined in chapter 44 and, further, location of other trees that, in the opinion of the public works director or planning commission, should be preserved. (Code 1982, § 31-13; Ord. No. 961, 2-23-1981; Ord. No. 999, 2-22-1982)
Falls Church City Code View whole ordinance
Chapter 44 VEGETATION ARTICLE II. TREES AND SHRUBS DIVISION 3. RESTRICTIONS AND REGULATIONS Sec. 44-90. Historic or specimen trees. (a) The tree commission may recommend to the city council that certain trees located within the city be officially designated as historic or specimen trees. Prior to such recommendation, the tree commission shall obtain the comments and recommendations of the arborist and shall notify the owner of property on which the tree is located. The tree commission shall present its recommendation to the city council for determination, considering the reports of the arborist and the tree commission. The city council shall hold a public hearing prior to officially designating any historic or specimen trees. The initial action on such a procedure may be taken by a citizen, citizen's group, or organization by submitting a complete report to the tree commission describing the trees in question and their significance in needing protection. (b) In the event that the application of this chapter regulating the removal of heritage, specimen, memorial or street trees results in any taking of private property for a public purpose or use, the city shall compensate by fee or other consideration the property owner for such taking, to the extent that such claim is recognized and compensable under state or federal law, and shall notify the owner of such owner's right to seek such fee or compensation. (Code 1982, § 35-9; Ord. No. 811; Ord. No. 1704, 5-14-2001) State Law reference Tree conservation, Code of Virginia, § 10.1-1127.1.
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS Sec. 27-12. Tree protection. Trees that are to be saved or kept in construction projects shall be protected as follows: (1) No grading shall be done within the tree's drip line. (2) A temporary fence shall be constructed around the tree's drip line. (3) No equipment or machinery shall work within the fenced area. (4) No tools, equipment or supplies shall be stored inside the fenced area. (5) Landmark trees shall be protected. (Ord. No. 102, 6-15-2006)
Harrisonburg City Code View whole ordinance
Title 10 PLANNING AND DEVELOPMENT CHAPTER 3. ZONING ARTICLE Q. B-2 GENERAL BUSINESS DISTRICT Sec. 10-3-91.1. Special use criteria for adult businesses. (b) In reviewing the application, the planning commission and city council may consider the following factors as well as other appropriate land use considerations: (5) The preservation of cultural and historical landmarks and trees; (Ord. of 6-14-05)
Lexington City Code View whole ordinance
Chapter 356. Streets and Sidewalks [HISTORY: Adopted by the City Council of the City of Lexington as §§ 15-20, 15-21, 21-1, 21-2, 21-4 to 21-10, 21-12 to 21-15, 21-20 to 21-26 and 21-28 of the 1958 Code (§§ 15-23, 15-24 and 15-29 and Ch. 21 of the 1970 Code). Amendments noted where applicable.] Sec. 356-14. Vegetation obstructing view at intersections. Where any vines, hedges, shrubbery or like vegetation obstructs the view at or near any intersection of streets, the City Manager shall have full power and authority to require the owner thereof to reduce the height of such vine, hedge, shrub or like vegetation and to maintain the same at such a height as the City Manager may deem necessary to promote public safety.
Lynchburg City Code View whole ordinance
Chapter 38 TREES AND VEGETATION ARTICLE I. IN GENERAL Sec. 38-4. Abuse, mutilation, or damage to public trees. Unless specifically authorized by the urban forester, no person shall intentionally damage, cut, carve, transplant or remove any tree on public property; nor attach any rope, wire, nails, advertising posters or other contrivance to any public tree; nor allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with them; nor set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor and, in addition thereto, shall be responsible for the cost of repair, or removal and replacement of any public tree so damaged. The owner of any vehicle which accidentally damages a tree(s) on public property shall be responsible for the cost of repair or removal, and the cost of a replacement tree(s) on public property. (Code 1959, § 23.1-4; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99) Sec. 38-5. Protection of trees. (a) All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work, shall be guarded with a good substantial fence, frame or box not less than four feet high and eight feet square, or at a distance in feet from the tree equal to the diameter of the trunk in inches dbh, whichever is greater, and all building material, dirt or other debris shall be kept outside the barrier. (b) No person shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of ten feet from any public tree without first obtaining a written permit from the urban forester. © The public works department shall notify the urban forester in advance of any applications for new curb, gutter, sidewalks, or driveway installations, or other improvements which might require the removal of or cause injury to any street tree, or its root system, or interfere with the fulfillment of the street tree plan. (Code 1959, § 23.1-5; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)
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 130 ZONING ARTICLE XI. TEXT AMENDMENTS, REZONING AND PUBLIC HEARING REQUIREMENTS Sec. 130-693. Generalized development plans (GDP). Generalized development plans (GDP), as required by section 130-692(5), shall include the following: (4) A landscape plan indicating the general location and type of significant or specimen trees located within the limits of the planned development area. (Code 1978, § 34.1-183; Ord. No. O-2002-22, § 34.1-183, 2-11-2002) State Law reference Plan of development, Code of Virginia, § 15.2-2286(A)(8).
Martinsville ZONING ORDINANCE View whole ordinance
APPENDIX B ZONING ORDINANCE SECTION XII: COMMERCIAL DISTRICTS C. Uses permitted by special use permit in the C-1 District. 6. Adult bookstore, subject to following conditions: f. The preservation of cultural and historical landmarks and trees; (Amend. Of 4-24-2012) G. Uses permitted by special use permit in the C-1A District. 6. Adult bookstore, subject to following conditions: f. The preservation of cultural and historical landmarks and trees; (Amend. Of 4-24-2012) O. Uses permitted by special use permit in the C-3 District. 6. Adult bookstore, subject to following conditions: f. The preservation of cultural and historical landmarks and trees; (Amend. Of 4-24-2012) SECTION XIII: BUSINESS AND MANUFACTURING DISTRICTS G. Uses permitted by special use permit in the M-1 District. 6. Adult bookstore, subject to following conditions: f. The preservation of cultural and historical landmarks and trees; (Amend. Of 4-24-2012)
Portsmouth City Code View whole ordinance
Chapter 33.1 SUBDIVISIONS ARTICLE III. REQUIREMENTS FOR DESIGN AND MINIMUM IMPROVEMENTS Sec. 33.1-41. Preservation of noteworthy features. In all subdivisions, to the maximum degree reasonably possible, efforts shall be made to preserve historic sites, scenic points, trees and other desirable natural growths, watercourses and other water areas, and other features worthy of preservation. Such preserved features shall be noted on the final plat. (Ord. No. 2010-06, § 2, 1-26-2010)
Portsmouth ZONING ORDINANCES View whole ordinance
ZONING ORDINANCES ARTICLE 40.1-5: DEVELOPMENT STANDARDS 40.1-5.3 TREE PROTECTION (A) Protection of Specimen Trees (1) Applicability (a) General All development in the city, except that exempted in accordance with Section 40.1-5.3(A)(1)(b), Exemptions, shall be required to protect specimen trees in accordance with this section. (b) Exemptions The following development shall be exempt from these standards: (i) Land within the Downtown D1 and D2 districts; and (ii) Existing single-family detached residential dwellings on lots of record established prior to May 1, 2010. (2) Depiction on Landscaping or Development Plan The location, species, and size of all specimen trees to be retained in accordance with this section shall be depicted on the development plan or landscaping plan associated with the development. (3) General Requirement No specimen tree may be removed, except in accordance with Section 40.1-5.3(A)(4), Removal of a Specimen Tree. In addition, all specimen trees shall have the following protections, whether located on public or private land: (a) Cutting, Removal, or Harm Prohibited Specimen trees shall not be cut, removed, pushed over, killed, or otherwise harmed. (b) Paving or Soil Compaction Prohibited The area within the dripline of any specimen tree shall not be subject to paving or soil compaction (4) Removal of a Specimen Tree Specimen trees may be removed if the landowner demonstrates to the Planning Director one of the following conditions: (a) Removal of a Healthy Specimen Tree A specimen tree is in healthy condition, and all of the following standards are met: (i) The landowner is otherwise in compliance with this section; (ii) The specimen tree prevents development of a lot platted prior to May 1, 2010 in a way that limits building area to less than otherwise allowed, or hinders compliance with the standards in Article 40.1-3: Zoning Districts, Article 40.1-4: Use Standards, or Article 40.1-5: Development Standards. (iii) Mitigation is provided in accordance with Section 40.1-5.3(A)(5), Replacement/Mitigation of Specimen Trees. (b) Removal of a Severely Diseased, High Risk, Damaged, or Dying Specimen Tree A specimen tree is certified by an arborist or other qualified professional as severely diseased, high risk, damaged by an act of God, or dying. Removal of a severely diseased, high risk, or dying specimen tree shall not require mitigation in accordance with Section 40.1-5.3(A)(5), Replacement/Mitigation of Specimen Trees. (5) Replacement/Mitigation of Specimen Trees Those causing the destruction or removal of a healthy specimen tree, unless exempted in accordance with Section 40.1-5.3(A)(4), Removal of a Specimen Tree, shall be responsible for the following mitigation: (a) Replacement Trees Required Each healthy specimen tree removed or destroyed shall be replaced with three replacement trees, measuring at least six inches in diameter by American Nurseryman Standard. The replacement trees shall be replanted within 12 months of the removal or destruction of the specimen tree. (b) Location of Replacement Trees Replacement trees shall be either planted on the parcel of land from which the specimen tree was removed if sufficient space is available, or placed on nearby lands in accordance with Section 40.1-5.2(H), Alternative Landscape Plan. (c) Establishment Period Replacement trees shall be maintained through an establishment period of at least three years. The applicant shall guarantee the survival and health of all replacement trees during the establishment period and guarantee any associated replacement costs. If the replacement trees do not survive the establishment period, the applicant shall purchase and install new replacement trees. (B) Tree Protection During Construction (1) Owners Responsibility During development, the owner or developer shall be responsible for the erection of any and all barriers necessary to protect any existing or installed vegetation from damage both during and after construction. (2) Tree Protection Fencing (a) Where Required Specimen trees and other existing trees being used for credit towards landscaping requirements in accordance with Section 40.1-5.4(A)(1)(b), Credit Applied Towards Required Plantings, shall be fenced with a sturdy and visible fence before grading or other development activity begins. Fencing shall be erected no closer than one linear foot to the trees dripline. The Planning Director shall consider the existing site conditions in determining the exact location of tree protection fencing. Areas located inside of tree protection fencing are considered as tree save areas. (b) Inspection All tree protection measures shall be inspected and approved by the city prior to start of any land disturbing activities. Failure to have tree protection measures prior to the commencement of construction is a violation of this Ordinance. (c) When Required No construction, grading, equipment or material storage, or any other activity shall be allowed within the fenced area. Fencing shall be maintained until after the final site inspection. (3) Encroachments into Tree Save Areas Encroachments into specimen tree save areas shall occur only when no other alternative exists. If such an encroachment is anticipated, the following preventive measures shall be employed: (a) Soil Compaction Where compaction might occur due to construction traffic or materials delivery through a tree save area, the area must first be mulched with a minimum four inch layer of wood chips. Equipment or materials storage shall not be allowed within a tree save area. (b) Fill No fill shall be placed within a specimen tree save area without adequate venting to allow air and water to reach the roots. (c) Chemical Contamination Trees located within a specimen tree save area shall be protected from chemical contamination from liquids or other materials, including but not limited to paint, chemical solvents, gasoline, oil, diesel fuel, hydraulic fluid, concrete spoils, or rinse water from vehicle cleaning, including rinsing of concrete truck tanks and chutes. (d) Paving Limitations Except for driveway access points, sidewalks, curb, and gutter, no paving shall occur within a tree save area unless authorized through an alternative landscaping plan (See Section 40.1-5.2(H), Alternative Landscaping Plan). (C) Tree Preservation Incentives (1) Tree Preservation Credits In order to encourage the preservation of as many trees as practical on a development site, credit towards the minimum landscaping requirements shall be applied to all existing trees retained on a site that are not specimen trees that comply with the credit standards of this subsection. Credits are offered only for trees that are not required to be retained by other sections of this Ordinance. Credits shall be granted in accordance with the following standards: (a) Credit Amount A credit of one-and-one-quarter (1.25) multiplied by the aggregate caliper of trees that are not specimen trees shall be credited and applied towards the landscaping standards in Section 40.1-5.2, Landscaping and Screening, when the trees that are saved complies with the following minimum size standards: (i) Canopy Trees Canopy trees, whether deciduous or evergreen, of seven inches in caliper or greater, measured six inches above ground level. (ii) Understory/Ornamental Trees Understory or ornamental trees, whether deciduous or evergreen, of four inches in caliper or greater, measured four inches above ground level. (b) Credit Applied Towards Required Plantings The credit shall be applied to the aggregate tree caliper inch standards for landscaping. In no case shall credits substitute for more than 75 percent of the required landscaping material. (2) Reduction in the Minimum Number of Required Parking Spaces Up to a five percent reduction in the number of off-street parking spaces required on a development site shall be allowed if the reduction in the amount of required pavement will preserve the root zones of existing healthy specimen trees. The amount of reduction can be determined only after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use, and must be agreed upon by both the applicant and the Planning Director. Alternative paving materials (See Section 40.1-5.1(D)(4), Alternative Materials) may be required by the Planning Director in cases where required parking areas encroach upon root zones.