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Abingdon Town Code  View whole ordinance
Chapter 78 TREES, SHRUBS AND VEGETATION ARTICLE I. IN GENERAL Sec. 78-4. Applicability of ordinance. All trees and shrubs now existing or hereafter planted in any public area shall become the property of the town, and be subject to the provisions of this ordinance. (Ord. of 8-7-00)

Abingdon 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. 78-10. Maintenance of public trees. (a) Independent contractors. Any independent contractor hired for pruning or other maintenance on public trees shall (1) be subject to the direction and supervision of the town arborist: (2) have, pursuant to the Code, a current town business license to provide such services; and (3) furnish proof of liability and workman's compensation insurance coverage in amounts specified by the town manager. The independent contractor must maintain such insurance coverage throughout its term of its license. (b) Standards for pruning or trimming public trees. In the absence of a written waiver by the town arborist, all trees on public areas must be pruned or trimmed in accordance with the standards described in the American National Standards Institute's A300 Pruning Standard, published on January 18, 1995 by the Secretariat of the National Arborist Association, Inc., or any changes to such standards approved by the town council. ? Topping public trees. Except as permitted under a public utility franchise, it shall be unlawful to top any public tree. Provided, that trees severely damaged by storms or other causes, or certain trees in close proximity to utility wires or other obstructions may be exempted from this section, at the discretion of the town arborist. (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. 78-11. Protection of public trees and shrubs, planting restrictions and removal of unsafe vegetation. The following provisions to protect public trees and provide protective regulations governing planting and removal of unsafe vegetation shall apply to all persons, including natural persons, independent contractors, public utility companies, public works and other town departments: (a) Trees endangered by excavation or construction. In the absence of a written waiver by the town arborist, any public tree located within 20 feet of any proposed (i) excavation, or (ii) construction of a building or other structure, or (iii) street work shall have its critical root zone protected from all building material, dirt or other debris which might be generated by the operation concerned. To accomplish such protection, the town arborist shall submit written instructions and the party responsible for the excavation, construction or work shall, in advance of commencing the operation, comply with such instructions by erecting a substantial fence, frame, shield or box not less than three feet high at a location calculated to protect the tree's critical root zone. (b) Trees endangered by public works and other ditches. Without prior notification of and discussion with the town arborist and strict adherence to the town arborist's instructions relative to tree protection, no person shall change the natural grade, excavate any ditches, tunnels, trenches, or lay any line, within ten feet of the critical root zone of any tree in any public area. Provided that (i) the town arborist is notified as soon as practical after the work is done and (ii) the particular operation would not increase the existing utilities beyond their original capacity, the provisions of subsection (b) shall not apply to any person performing emergency work to restore existing underground utilities within the same trench. (c) Trees put at risk by placement of materials on public property. No person shall deposit, place, store or maintain upon any public place any stone, brick, sand, concrete or other materials that might impede the free passage of air, water or fertilizer to the roots of any public tree. (d) Distance of certain trees from public sewers. Poplar, willow, American elm or cottonwood trees planted anywhere in the town after the effective date of this ordinance shall be placed at least 100 feet away from public sewers. (e) Planting in park or in or near public right-of-way. (1) Shade or ornamental trees. No shade or ornamental tree or shrub shall be planted in any public right-of-way or within five feet of such right-of-way or in any public park until such tree or shrub shall have first been approved and the place where it is to be planted designated by the town manager and a permit granted therefore. (2) Prohibited species. It shall be unlawful for any person to plant in any park or public right-of-way or within five feet of such right-of-way line the following trees: poplar, willow, cottonwood, fruit trees (except ornamental types), nut trees (except oak and hickory), ailanthus, mountain ash, mimosa, silver maple, American elm and sycamore maple. (f) Attaching rope, sign or other device. No person shall fasten any rope, wire, sign, poster, handbill or other device to a tree or shrub or to any guard about such tree or shrub on a public right-of-way or in a park. (g) Wires in right-of-way or park. (1) Protection of trees and shrubs. Every person having or maintaining any electric, telephone, telegraph or other wires running through a public right-of-way or park shall securely fasten and maintain such wires in such a manner as will safeguard the trees and shrubs against any damage therefrom and shall make periodic adjustments whenever necessary to prevent damage to trees and shrubs growing in any public right-of-way or park. (2) Consolidation. Persons having or maintaining any electric, telephone, telegraph or other wire running through a public right-of-way shall consolidate their wires so as to place as few poles as possible in the right-of-way and shall, whenever possible, place such poles in alleys, utility easements and along rear lot lines. (h) Trimming or cutting of overhanging trees. (1) The trimming or cutting of trees, the limbs of which overhang streets or sidewalks of the town, or trees located on the sidewalks or streets of the town, shall be done in the discretion and under the authority of the town manager and supervision of the town arborist. Such work shall be done in a proper manner with the least possible damage to the trees trimmed or cut. (2) Any person applying for the privilege of trimming or cutting trees to promote the efficiency of a public utility shall pay all expenses incident to such work. (3) It shall be unlawful for any owner of property adjacent to a street to obstruct or interfere with the cutting or trimming of trees under the provisions of subsection (h). (i) Vegetation impeding, etc., movement of vehicular or pedestrian traffic ? Generally. (1) Whenever it shall be determined by the department head of any department of the town that there is growing vegetation which impedes, hinders or makes unsafe the movement of either vehicular traffic or pedestrian traffic, the department head shall make a written report to the town manager, with copy to the town arborist, giving location and other pertinent information. Thereafter, the town arborist shall supervise any measures taken to correct the hazardous condition, as directed by the town manager. (2) The town manager shall forthwith notify the owner of the property where such vegetation exists and shall demand that the owner shall, within the space of ten days, either completely remove such vegetation or trim such vegetation to such an extent as to remove any hazard. Such notice shall be served personally on the owner of the property if he resides on the property or is a resident of the town; otherwise, such notice shall be served on the owner by registered or certified mail with provision made for a return receipt. If the property is rental property, a copy of such notice shall be served on one of the tenants occupying it. If the owner of the property is a nonresident of the state and has an agent within the state who collects the rents from the property or has control of the property, then service of the notice upon such agent shall constitute service upon the owner. If any person shall fail to comply with the terms of such notice for a period of ten days, then the town shall abate the nuisance and all costs or charges incurred in connection therewith and duly assessed may be collected by the town from the owner of the premises as taxes and levies are collected, or may be recovered by suit as any other debt. The failure, neglect or refusal of any such owner or agent to comply with the terms of any such notice shall be unlawful. Each 24 hours subsequent to the time limit provided for by this section shall be taken to constitute a separate offense. (j) Same?Lien for unpaid charges. Every charge authorized and duly assessed under subsection (i) shall, so long as it remains unpaid, constitute a lien against the real property in question. (k) Pruning, injuring, removing vegetation. No person shall, without a permit from the town manager, cut, prune, break, injure or remove any tree, shrub or plant on a public right-of-way or in a park or cut, disturb or interfere in any way with any root of a tree, shrub or plant on a public right-of-way or in a park. (l) Spraying or injecting. No person shall, without a permit from the town manager, spray or inject with any chemical any tree, shrub or plant on a public right-of-way or in a park. (m) Removing, injuring guards. No person shall, without a permit from the town manager, remove or injure any guard or device placed to protect any tree or shrub on a public right-of-way or in a park. (n) Closing or obstructing open space about base. No person shall, without a permit from the town manager, close or obstruct any open space provided about the base of a tree or shrub to permit the access of water, air and fertilizer to the roots of such tree or shrub on a public right-of-way or in a park. (o) Allowing harmful substances to come in contact with roots or leaves. No person shall, without a permit from the town manager, allow any gaseous, liquid or solid substances harmful to the trees or shrubs on a public right-of-way or in a park to come in contact with the roots or leaves of such trees or shrubs. (Ord. of 8-7-00)

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 V. HAZARDOUS TREES ON PUBLIC PROPERTY Sec. 78-12. Remedies for hazardous trees. Upon determination by the town arborist that same are a hazard, the town shall provide for removal of dead, diseased or other hazardous trees or shrubs in any public area. (Ord. of 8-7-00)

Alexandria County Code  View whole ordinance
TITLE 5 Transportation and Environmental Services CHAPTER 10 Cemeteries Sec. 5-10-2 - Injuries to cemeteries, burial grounds, etc. (a) If any person shall: ? (2) Willfully or maliciously destroy, remove, cut, break or injure any tree, shrub or plant within any cemetery or lot of any memorial or monumental association; ? ? (Ord. No. 2630, 11/14/81, Sec. 1)

Alexandria County Code  View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities CHAPTER 2 Trees, Shrubs, Plants and Vegetation ARTICLE A Regulation of Trees, Shrubs, etc., on Public Property Sec. 6-2-5 Permitted trees, etc. (a) No permit shall be issued for and it shall be unlawful to plant, in any place designated in section 6-2-2, any tree, shrub, plant or vegetation except only the following: Major trees (Common / Botanical Name): - Amur maple / Acer ginnala - Norway maple / Acer platanoides - Columnar Norway maple / Acer platanoides "Columnare" - Crimson king Norway maple / Acer pseudoplatanus - Red maple / Acer rubrum - Columnar red maple / Acer rubrum "Columnare" - Sugar maple / Acer saccharum - Columnar sugar maple / Acer saccharum "Columare" - Sentry sugar maple / Acer saccharum "Monumentale" - Hornbeams / Carpinus species - Deodar cedar / Cedrus deodara - Hackberries / Celtis species - Lobb cryptomeria / Cryptomeria japonica lobbi - Leyland cypress / Cuppressocyparis leylandii - Green ash / Fraxinus pennsylvanica lanceolata - Marshall's seedless ash / Fraxinus pennsylvanica "Marshall's Seedless" - Modesto ash / Fraxinus veutina glabra - Maidenhair tree / Ginkgo biloba (male) - Sentry ginkgo / Ginkgo biloba "Fastigiata" - Thornless honey locust / Gleditsia triacanthos inermis - Sweet gum / Liquidambar styraciflua - Dawn redwood / Metasequoia glyptostroboides - Sourgum / Nyssa sylvatica - American hop hornbeam / Ostrya virginiana - Sourwood / Oxydendrun arboreum - Amur cork tree / Phellodendron amurense (seedless variety) - White pine / Pinus strobus - London planetree / Platanus acerifolia - Bradford pear / Pyrus calleryana "Bradford" - Sawtooth oak / Quercus acutissima - Northern red oak / Quercus borealis - Scarlet oak / Quercus coccinea - Willow oak / Quercus phellos - Japanese pagodatree / Sophora japonica - Lindens / Tilia species - Chinese elm / Ulmus parvifolia - Japanese zelkova / Zelkova serrata Minr trees (Common / Botanical Name): - Hedge maple / Acer campestre - Redbuds / Cercis species - American yellowwood / Cladrastis lutea - Flowering dogwood / Cornus florida - Red flowering dogwood / Cornus florida rubru - Japanese dogwood / Cornus kousa - Hawthorns / Crataegus species - Russian olive / Eleagnus augustifolia - Silverbells / Halesia species - American holly / Illex opaca - Golden raintree / Koelreuteria paniculata - Golden chaintree / Laburnum wateri - Kobus magnolia / Magnolia kobus - Star magnolia / Magnolia stellata - Sweet bay magnolia / Magnolia virginiana - Crabapples / Malus species - Flowering cherries / Prunus species - European mountain ash / Sorbus aucuparia - Japanese snowbell / Styrax japonica (3) Shrubs, vegetation and exceptions: a. Any shrub under 30 inches in height which does not and is not likely to obscure vision. B. Standard lawn or park grass. (b) No permit shall be issued for and it shall be unlawful to plant a tree in any place designated in section 6-2-2 unless there is at least one (1) foot of unobstructed earth extending from the tree trunk on all sides. ? The director or his duly authorized representative may plant trees and shrubs not permitted above in parks only. (Code 1963, Sec. 39-5; Ord. No. 2699, 6/12/82, Sec. 4)

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. 6-2-6 Master plan. The director, in order to promote an orderly, attractive, economical and nuisance-free planting system for the city, may, within the funds at his disposal, devise, place in force and carry out a master tree, shrub, plant and vegetation plan for all or any portion of the public places within the city, except public school sites. (Code 1963, Sec. 39-6; Ord. No. 2699, 6/12/82, Sec. 5)

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 A Regulation of Trees, Shrubs, etc., on Public Property Sec. 6-2-2 Permit to plant, remove, etc., in public places?required. It shall be unlawful for any person, except the director or his duly authorized representative, to plant, trim or prune any tree, shrub, plant or vegetation on or to remove any tree, shrub, plant or vegetation from any dedicated street, alley or highway, public right-of-way or easement, public land lying between property lines on either side of a public street, highway or alley, public parking strip, public street, sidewalk or divider, public median strip or planting strip or other land or public place owned by the city, except public school sites, without first applying for and obtaining a permit from the director; provided, however, that nothing contained in this section shall prohibit the trimming or cutting of grass in the public right-of-way. (Code 1963, Sec. 39-2; Ord. No. 2699, 6/12/82, Sec. 2) Sec. 6-2-3 Same?issuance; information to be shown. (a) The director shall issue a written permit, as required by the preceding section, to any applicant without charge, only when he finds that the action proposed is necessary or desirable, will not be contrary to any city master plan for trees, shrubs, plants or other vegetation, is not contrary to the provisions of this chapter and will be performed in a workmanlike manner. (b) Any permit issued pursuant to the preceding section shall contain the location approved, the species of tree or shrub, the action allowed to be performed, the duration of the permit and any other requirements deemed necessary or desirable by the director to regulate the proper planting, trimming or cutting or removal of trees, shrubs, plants and vegetation within the city, and all work done under a permit issued by the director shall be performed in strict accordance with the terms thereof. (Code 1963, Sec. 39-3; Ord. No. 2699, 6/12/82, Sec. 3)

Alexandria County Code  View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities CHAPTER 2 Trees, Shrubs, Plants and Vegetation ARTICLE A Regulation of Trees, Shrubs, etc., on Public Property Sec. 6-2-4 Right reserved to city to trim, remove, etc., trees, shrubs, etc., planted under permit. Whenever a permit is granted to plant a tree, shrub, plant or vegetation on any of the property enumerated in section 6-2-2 of this code, the right is reserved to the city at any time to trim, prune or remove such tree, shrub, plant or other vegetation without notice to any abutting property owner, but subject to the restrictions contained in this chapter. (Code 1963, Sec. 39-4)

Alexandria County Code  View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities CHAPTER 2 Trees, Shrubs, Plants and Vegetation ARTICLE B Regulation of Trees, Shrubs, etc., on Private Property Interfering With or Endangering the Public or Public Property Sec. 6-2-22 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)

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.

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. 16-19. Permit to plant, remove, etc., in public places--Required. It shall be unlawful for any person, except for the town manager or his duly authorized representative, to plant any tree, shrub, plant, or vegetation on or to remove any tree, shrub, plant or vegetation from any dedicated street, alleyway or highway, public right-of-way or easement, public land lying between property lines on either side of a public street, highway or alley, public parking strip, public street, sidewalk or divider, public median strip or planting strip or other land or public place owned by the town, except public school sites, without applying for and obtaining a permit from the town manager; provided, however, that nothing contained in this section shall prohibit the trimming or cutting of grass on a public right-of-way. (3-9-82)

Ashland Town Code  View whole ordinance
Chapter 16 STREETS AND SIDEWALKS* ARTICLE III. Maintenance of Trees Sec. 16-22. Abuse and mutilation of trees, etc. It shall be unlawful for any person to abuse, destroy or mutilate any tree, shrub or plant in or on any public place, or to attach or place any rope or wire (other than one used to support a young or broken tree) sign, poster, handbill or other thing to or on any tree growing in any public place, or to cause or permit any wire charged with electricity to come into contact with any such tree, or to allow any gases, liquid or solid substances which are harmful to such trees to come in contact with the roots or leaves. (3-9-82)

Chesapeake City Code  View whole ordinance
Chapter 50 PARKS, RECREATION AND TOURISM ARTICLE I. IN GENERAL Sec. 50-3. Park property. ? (c) No person shall dig or remove any beach sand, whether submerged or not, nor any soil, rock, stones, trees, shrubs or plants, down-timber, pine needles or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency. ? (Code 1970, ? 17B-3; Ord. of 10-12-76; Ord. No. 92-O-149, ? 17B-3, 10-13-92) Sec. 50-4. - Trees and shrubbery; monuments, fountains and fences. (a) No person shall damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. No person shall dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area. ? (c) No person shall tie or hitch a horse or other animal to any tree or plant. (Code 1970, ? 17B-4; Ord. of 10-12-76; Ord. No. 92-O-149, ? 17B-4, 10-13-92)

Chesapeake City Code  View whole ordinance
Chapter 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)

Danville City Code  View whole ordinance
Chapter 38.5 VEGETATION ARTICLE III. LANDSCAPING Sec. 38.5-24. - Authorization required. (a) No person shall plant vegetation or maintain, remove, or otherwise disturb, any tree or shrub on any public area without first receiving approval from the Director of Public Works or his designate. (b) Public utility companies and municipal utilities and their subcontractors employing tree experts, when engaged in the maintenance of easements, shall be exempt from the provisions of this section. (c) In case of emergencies, such as windstorms, ice storms, or other disasters, permits may be waived by the Director of Public Works during the emergency period so as not to hamper work to restore order to the City. (d) Maintenance of public areas by the City or its subcontractors shall be exempt from the provisions of this section. (e) All plantings installed on land owned by the City shall become the property of the City of Danville and under the control of the City and subject to all regulations of the City thereafter. (f) Notwithstanding the foregoing, no authorization shall be required for any planting in a City street, sidewalk, or alley right-of-way immediately contiguous to privately owned residential or commercial property, provided that: (1) If it is contiguous with residential property, the person making the planting maintains the property as he does his property; (2) If it is contiguous with commercial property, the person making the planting maintains the property as his place of business; and (3) The planting does not violate any other provision of this Code including, but not limited to, section 35-14.1 of this Code. (Ord. No. 92-11.15, 11-5-92)

Danville City Code  View whole ordinance
Chapter 9.5 CEMETERIES Sec. 10-2. Damaging, defacing, etc., cemetery property; obstructing ingress or egress to or from cemetery. (a) It shall be unlawful and a Class 1 misdemeanor for any person to: ? (2) Willfully or maliciously destroy, remove, cut, break or injure any tree, shrub or plant within any cemetery or any lot of any memorial or monumental association. ? ? (Code 1962, ? 17-11.1; Ord. No. 83-3.3, ? 5.2-4, 3-8-83) Cross reference? Penalty for Class 1 misdemeanor, ? 1-11. State Law reference? Similar provisions, Code of Virginia, ? 18.2-127.

Danville 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. ? (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 III. ZONING DISTRICTS AND REGULATIONS 3.4 Use Regulations 3.4.1 Use Interpretation E. Public, civic and institutional use groups 2. Parks and open areas Uses focusing on natural areas consisting mostly of open vegetation, passive or active outdoor recreation areas, or community gardens, and having few structures. Parks and open areas shall include the following: golf courses; clubhouses and grounds; swimming pools, public and community; tot lots and playgrounds; mini-parks; plazas; squares; greens; neighborhood parks; botanical gardens; nature preserves and recreation trails; or any similar use. (10-1-16)

Fairfax City City Code  View whole ordinance
Chapter 110 ZONING Article III. ZONING DISTRICTS AND REGULATIONS 3.8. PLANNED DEVELOPMENT DISTRICTS 3.8.7 Recreation and Open Space A. General 1. Recreation and open space is an integral part of planned developments (residential, commercial, industrial and mixed use). 2. Where recreation and open space is included in a planned development in addition to the individual lots, such lands must be in one or more parcels dedicated to or otherwise protected as permanent (active or passive) recreation and open space. 3. Any city-accepted parks, schools and other public land dedication made as part of a planned development will be counted towards complying with the requirements of 3.8.7. B. Configuration and use 1. The location, size, character and shape of required recreation and open space in a planned development district must be appropriate for its intended use. Recreation and open space land must be useable for recreational purposes. 2. No more than 50 percent of any area otherwise containing development challenges, such as the presence of the 100-year floodplain, open water, jurisdictional wetlands, a slope greater than or equal to 25 percent grade or geological hazards, may be considered to comply with the recreation and open space requirement. 3. The minimum width for any required recreation and open space shall be 50 feet. The zoning administrator may grant exceptions for items such as trail easements and midblock crossings, when their purpose meets the intent of 3.8.7. 4. At least 60 percent of the required recreation and open space shall be contiguous. For the purposes of 3.8.7, the term contiguous shall include any recreation and open space bisected by a local street, provided that: (a) A pedestrian crosswalk or underpass is constructed to provide safe and adequate access to the recreation and open space from both sides of the street; (b) The right-of-way area is not included in the minimum recreation and open space calculation; (c) The recreation and open space shall adjoin any neighboring recreation and open spaces, protected lands, and nonprotected natural lands that would be candidates for inclusion as part of future recreation and open spaces or protected lands; (d) Adopted city plans shall be taken into consideration when evaluating land use and development applications; (e) Where appropriate, the required recreation and open space shall be directly accessible to the largest practicable number of lots within the planned development. Non-adjoining lots shall be provided with safe, convenient access to the recreation and open space (i.e. mid-block connections in logical locations); (f) Access to the recreation and open space shall be provided either by an abutting street or easement. Any such easement shall be at least 30 feet wide for its entire length; (g) Trails may be developed in recreation and open space; and (h) At least 20 percent of the recreation and open space shall be improved in accordance with the options set forth below. The shape, topography and subsoil shall be appropriate to the improvements proposed. RECREATION AND OPEN SPACE OPTIONS TOT LOT & PLAYGROUNDS (PRIVATE ONLY) Playgrounds provide play areas for children as well as open shelter and benches. Playgrounds may be built within squares, greens, mini-parks and neighborhood parks or may stand alone within a residential block. Playgrounds shall be designed with commercial grade play equipment and may include picnic units and shelters. Minimum requirements include two park benches and one trash receptacle and one trash recycling receptacle. Must have a shock-absorbing surface with a maximum two percent slope. Playgrounds must meet all federal, state and local regulations and be compliant with the Americans with Disabilities Act. MINI-PARK (PRIVATE ONLY) Mini-Parks provide active recreational facilities for the use by the residents of the immediate neighborhood within the development. Size is from 2,500 sq. ft. to one acre. May include: tennis courts, basketball courts, playgrounds and seating accommodations. Each mini-park shall be centrally located and easily accessible so that it can be conveniently and safely reached and used by those persons in the surrounding neighborhood it is designed to serve. Rear facing lots are allowed. Mini-parks shall be attractively landscaped and be provided with sufficient natural or man-made screening or transitional yard areas to minimize any negative impacts upon adjacent residences. PLAZA Plazas are for passive recreation use adjacent to a civic or commercial building. Plazas are paved in brick or another type of impervious surface. Plazas shall be level, stepped or gently sloping. At no time shall a plaza?s horizontal length or width be greater than three times the height of surrounding buildings. Size may range from 2,000 to 30,000 sq. ft. SQUARES Squares are formal areas for passive recreation use bounded by roads or front facing lots. Squares shall be bounded by roads on a minimum of three sides or 75 percent of their perimeter and may be bounded by front facing lots on one side or 25 percent of their perimeter. No rear facing lots allowed adjacent to a square. Trees plantings are encouraged parallel to the street. Geometrical tree planting layouts for internal plantings are encouraged. Size may range from 500 sq. ft. to one acre. GREEN Greens are informal areas for passive use bounded by roads or front facing lots. A green shall be bounded by roads on a minimum of three sides or 75 percent of their perimeter and may be bounded by front facing lots on one side or 25 percent of their perimeter. No rear facing lots are allowed adjacent to a Green. Tree plantings can be informal and the topography irregular. Greens may be used to preserve specimen trees. Size may range from 500 sq. ft. to one acre. CLUBHOUSE/POOL AMENITY AREA Clubhouse/pool areas can be found in a neighborhood park, mini-park or alone as an amenity area for the residents of a developed community. Clubhouse/pool areas can include: swimming pools, group activity room, gazebos, outdoor dining and service areas, and exercise stations. Pools should be a minimum size of 1,000 sq. ft. Clubhouses and swimming pools must meet all applicable building and health codes for the city and the Commonwealth of Virginia. NEIGHBORHOOD PARK Neighborhood parks are designed for active or passive recreation use. Size may range from one to five acres, however park size can exceed five acres if the neighborhood park creates an open space that services an entire neighborhood or a group of neighborhoods; or incorporates physical features that are an asset to the community. Neighborhood parks shall be accessible via residential streets. Front facing lots are encouraged around the perimeter. Neighborhood parks shall include benches and walking paths. Neighborhood Parks may include but are not limited to: tennis courts, racquetball courts, basketball courts, volleyball courts, ball fields, swings, slides, playgrounds, dog parks, community gardens, restrooms, picnic units, shelters and parking lots GREENWAY Greenways typically follow natural or constructed features such as streams or roads and are designed to incorporate natural settings such as creeks and significant stands of trees within neighborhoods, and are used for transportation, recreation, and environmental protection. Greenways differ from parks; plazas and squares in that their detailing is natural (i.e. informally planted) except along rights-of-way, and may contain irregular topography. Design of the greenway should incorporate conservation of existing mature tree canopy and landscape, protection of existing natural drainage ways and creeks. Improvements shall include paved walks/trails and benches, and trash and trash recycling receptacles. C. Permitted uses of recreation and open space Uses of recreation and open space may include the following: 1. Conservation areas for natural, archeological or historical resources; 2. Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas; 3. Pedestrian or multipurpose trails; 4. Passive recreation areas; 5. Active recreation areas, provided that impervious surfaces are limited to no more than 50 percent of the total recreation and open space; 6. Above-ground utility rights-of-way, provided the area does not exceed 50 percent of the required recreation and open space; 7. Agriculture uses, provided that all applicable best management practices are used to minimize environmental impacts; 8. Landscaped stormwater management facilities; 9. Easements for drainage, access, and underground utility lines; and 10. Other conservation-oriented uses compatible with the purposes of this chapter. D. Prohibited uses of recreation and open space Recreation and open space shall not include roads (except for road crossings as expressly provided above) and parking lots. E. Ownership and management of recreation and open space 1. Ownership Recreation and open space shall be accepted and owned by one of the following entities: (a) City of Fairfax For those areas that will be owned by the city and available for use by the public, the responsibility for maintaining the recreation and open space, and any facilities in those areas shall be borne by the city, subject to city council approval. (b) Land conservancy or land trust For those areas subject to a land conservancy or land trust, the responsibility for maintaining the recreation and open space and any facilities in those areas shall be borne by a land conservancy or land trust recognized by the laws of the Commonwealth of Virginia. (c) Common interest community association or similar entity For those areas that will be covered by the covenants of a common interest community association or similar entity, the responsibility for maintaining the recreation and open space, and any facilities in those areas shall be borne by a common interest community association or similar entity in accordance with the requirements of 4.13. (d) Landowner For those areas not covered by any of the entities described in paragraphs (a), (b), or (c), the responsibility for maintaining the recreation and open space and any facilities in those areas shall be borne by the landowner. 2. Management Applicants shall submit as part of the proposed master development plan and record, upon approval of that master development plan, a plan for the management of recreation and open space and other common facilities that: (a) Allocates responsibility and guidelines for the maintenance and operation of the recreation and open space, and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; (b) Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the recreation and open space and outlines the means by which such funding will be obtained or provided; (c) Provides that any changes to the plan for the management of recreation and open space and other common facilities be approved by the city council as an amendment to the master development plan; and (d) Provides for enforcement of the plan for the management of recreation and open space and other common facilities. 3. Maintenance (a) Passive recreation and open space maintenance is limited to removal of litter, removal of dead tree and plant materials and brush, weeding, and mowing. (b) No specific maintenance is required for agricultural uses. (c) Active recreation and open space areas shall be accessible to all residents of the development. Maintenance is limited to ensuring that there exist no hazards, nuisances or unhealthy conditions. F. Legal instrument for permanent protection 1. All recreation and open space in planned development districts shall be protected in perpetuity by a binding legal instrument that is made a part of the master development plan and is recorded among the land records of Fairfax County. The instrument shall be one of the following: (a) A permanent conservation easement in favor of: (1) A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for re-transfer in the event the organization becomes unable to carry out its functions; (2) A governmental entity with an interest in pursuing goals compatible with the purposes of this chapter. If the entity accepting the easement is not the city, then a third party right of enforcement favoring the city shall be included in the master development plan and in the easement; or (3) Another person or entity that meets with the approval of the city council. (b) A permanent restrictive covenant for conservation purposes in favor of a governmental entity. (c) An equivalent legal tool that provides permanent protection, if approved by the city attorney. 2. The instrument for permanent protection shall include clear restrictions on the use of the recreation and open space. These restrictions shall include all restrictions contained in this chapter, as well as any further restrictions the applicant chooses to place on the use of the recreation and open space as may be approved by the city council when it approves the master development plan. G. Alternative compliance Upon the request of the applicant in the master development plan, the city council may approve alternatives to the recreation and open space requirements of 3.8 based upon exceptional design or recreational amenities. (10-1-16)

Fairfax City City Code  View whole ordinance
Chapter 110 ZONING Article IV. SITE DEVELOPMENT STANDARDS 4.4 Pedestrian Facilities 4.4.4 Sidewalks B. Placement 1. Where sidewalks are required, sidewalks shall be provided according to one of the following placement alternatives as determined by the zoning administrator: (b) Sidewalks shall be placed such that a minimum strip of green space (3 to 5 feet wide) is maintained between the back of curb and the inside edge of the sidewalk and have a minimum paved width of five feet for this placement (sub-urban street frontage); a minimum of three feet of green space shall be maintained adjacent to all tree pits. (10-1-16)

Fairfax City City Code  View whole ordinance
Chapter 110 ZONING Article IV. SITE DEVELOPMENT STANDARDS 4.5 LANDSCAPING 4.5.1 Purpose The purposes of 4.5 are to encourage the planting and proper care of vegetation and trees throughout the city, to replenish tree stock, and to provide for appropriate screening. These actions are intended to contribute to the health, safety and welfare of the city by enhancing pedestrian facilities, decreasing flooding, soil erosion, air pollution and noise, and improving aesthetics in accordance with the comprehensive plan and the requirements of the public facilities manual. The transitional yard requirements and the screening requirements are intended to improve compatibility of uses by providing privacy and enhancing the aesthetic transition between uses. 4.5.2 Applicability A. The landscaping regulations of 4.5 apply as set forth in the individual sections of these regulations. B. Unless specifically exempt, all existing and proposed development for which site plan approval is required (see 6.8) shall meet the provisions of 4.5. 4.5.3 Exemptions A. Unless otherwise expressly stated, the landscaping regulations of 4.5 do not apply to the expansion of individual single-family detached, single-family attached or duplexes dwellings. B. Driving lanes may traverse required landscaping in a perpendicular alignment to provide the necessary ingress and egress to the parking lots. 4.5.4 General A. What is to be landscaped All areas that are not impervious (see 1.5.7) shall be landscaped in accordance with the requirements of 4.5. B. Landscape plan required A landscape plan shall be submitted in conjunction with required site plans (see 6.8) in accordance with the requirements of 4.5. A landscape architect or other qualified professional shall prepare all landscape plans. 4.5.5 Transitional yards A. Applicability The transitional yard regulations of 4.5.5 apply along interior property lines in those instances identified in this chapter and only to the following activities: 1. The construction or installation of any new principal building or use; and 2. The expansion of any existing principal building or principal use that results in an increase in gross floor area or site area improvements by more than five percent or 1,000 square feet, whichever is greater. In the case of expansions that trigger compliance with transitional yard requirements, transitional yard landscaping is required only in proportion to the degree of expansion. The zoning administrator is authorized to allow the transitional yard to be established adjacent to the area of expansion or to disperse transition yard landscaping along the entire site transition area. B. Transitional yard defined A transitional yard is a specified land area, located parallel to and within the outer perimeter of a lot or project and extending to the lot line, together with fencing or walls on the lot line, and planting and landscaping required on the land. A transitional yard is not intended to be commensurate with the term "yard" or ?setback.? C. Transitional yard types There are three types of required transitional yards that may occur on any given parcel (for the specific width and plant material for each transitional yard classification see 4.5.5.D). 1. District boundary transitional yards The following table shall be used to determine the required transitional yard classification between adjacent districts. PROPOSED DEVELOPMENT DISTRICT RL RM RH RT-6 RT RMF CL CO CR CU CG IL IH RL -- -- -- -- -- -- -- -- -- -- -- -- -- RM -- -- -- -- -- -- -- -- -- -- -- -- -- RH -- -- -- -- -- -- -- -- -- -- -- -- -- RT TY1 TY1 TY1 -- -- -- -- -- -- -- -- -- -- RMF TY2 TY2 TY2 TY2 TY2 -- -- -- -- -- -- -- -- CL TY2 TY2 TY2 TY2 TY2 TY1 -- -- -- -- -- -- -- CO TY2 TY2 TY2 TY2 TY2 TY1 -- -- -- -- -- -- -- CR TY2 TY2 TY2 TY2 TY2 TY2 TY1 -- -- -- -- -- -- CU TY3 TY3 TY3 TY3 TY3 TY2 TY2 TY1 -- -- -- -- CG TY3 TY3 TY3 TY3 TY3 TY3 TY3 TY2 -- -- -- -- -- IL TY4 TY4 TY4 TY4 TY4 TY4 TY3 TY3 TY2 TY2 TY1 -- -- IH TY4 TY4 TY4 TY4 TY4 TY4 TY4 TY3 TY3 TY3 TY3 TY2 -- 2. Project boundary transitional yards Project boundary transitional yard requirements are established to mitigate the effect of planned developments on adjacent properties. The following shall be used to determine project boundary transitional yard requirements. (a) No transitional yard is required where the width of the project?s perimeter singlefamily detached residential lots is equal to or greater than the minimum lot width of the adjoining single-family detached development or the minimum lot width required by the respective single-family detached zoning district that applies to any adjoining undeveloped parcel. (b) Except as provided in paragraph (a) above or unless modified by the city council in the approval of a master development plan, the following boundary transitional yards shall be provided along project boundaries in accordance with 4.5.5.D: (1) PD-R: TY2 transitional yards (2) PD-M: TY3 transitional yards (3) PD-C: TY3 transitional yards (4) PD-I: TY4 transitional yards 3. Use boundary transitional yards (a) Where townhouse developments occur adjacent to single-family detached or duplex dwellings, TY1 transitional yards shall be provided in accordance with 4.5.5.D, below. (b) Where multifamily developments occur adjacent to single-family detached, duplex or townhouse dwellings, TY2 transitional yards shall be provided in accordance with 4.5.5.D, below. (c) Where commercial developments occur adjacent to single-family attached, singlefamily detached, duplex, townhouse, or multifamily dwellings, TY3 transitional yards shall be provided in accordance with 4.5.5.D, below. (d) Where industrial developments occur adjacent to single-family attached, singlefamily detached, duplex, townhouse, or multifamily dwellings, TY4 transitional yards shall be provided in accordance with 4.5.5.D, below. D. Transitional yard classifications Four transitional yard classifications are established in recognition of the different contexts that may exist. They are as follows: SPECIFICATIONS TY1 TY2 TY3 TY4 Minimum Transitional Yard Width [1] (feet) 7.5 10 15 30 Minimum Fence or Wall Height (feet) on Lot Line [2] 6 6 6 6 Minimum Trees (per 100 feet) Canopy NA 3 4 4 Understory 4 3 4 5 Minimum Shrubs (per 100 feet) NA NA 4 5 [1] Yard widths calculated on the basis of average per 100 feet, provided that the yard width at any point may not be less than 50 percent of the minimums stated in the table. Required zoning district setbacks may be counted toward satisfying transitional yard widths. [2] On or adjacent to the lot line. Additional understory trees or shrubs may be substituted for required fence or wall via alternative compliance (4.5.10). E. Location of transitional yards Transitional yards shall be located within the outer perimeter of a lot or parcel, parallel to and extending to the lot or parcel boundary line. Transitional yards shall not be located on any portion of an existing, dedicated or reserved public or private street or right-of-way. F. Ownership of transitional yards Transitional yards may remain in the ownership of the original applicant; they may be subjected to deed restrictions and subsequently be freely conveyed; or they may be transferred to any consenting grantees, such as the city, a land conservancy or land trust, or common interest community association (see 4.13). Any such conveyance shall guarantee the protection and maintenance of the transitional yard in accordance with the provisions of 4.5. G. Landscape materials and design Landscape materials used to satisfy the transitional yard requirements of 4.5.5 are subject to the regulations of 4.5.9. 4.5.6 Tree requirements A. Tree canopy The following 10-year minimum tree canopy requirements shall apply in the respective districts: (figure) B. Street trees In all general districts except the RL, RM, RH and CU districts, a minimum ten foot wide landscaped strip shall be provided along all streets. Street trees shall be required along all streets at the rate of one canopy tree for every 40 linear feet and spaced a maximum of 50 feet part. 1. All street trees shall be planted no less than three feet or more than 15 feet from the back of the curb or edge of pavement. 2. No tree shall be planted within a safe sight triangle (4.3.4) or closer than 10 feet from any fire hydrant. C. Landscape materials and design Landscape material used to satisfy the tree requirements of 4.5.6 are subject to the regulations of 4.5.9. 4.5.7 Parking lot landscaping A. Applicability 1. 4.5.7 applies to: (a) New on-site surface parking lots with more than 10 spaces; and (b) The expansion of any existing surface parking lot if the expansion results in 10 or more new parking spaces, in which case the requirements of 4.5.7 apply only to the expanded area. 2. For purposes of 4.5.7, multiple platted lots contained on a single site plan and any separate parking lots connected with drive aisles are considered a single parking lot. B. Low impact development (LID) Low impact development (LID) techniques that capitalize on and are consistent with natural resources and processes will be incorporated in parking lot landscaping whenever practicable, including but not limited to: 1. Rain catchment and harvesting for on-site irrigation purposes; and 2. Rain gardens (shallow depressions or swales) that slow storm runoff and reduce the impact of what is found in stormwater as it enters storm drainage control systems. C. Perimeter 1. The perimeter of all parking lots with frontage on any portion of a public right-of way shall be screened by a continuous landscaped hedge, a wall, or fence supported by masonry piers. Perimeter screening shall be at least 30 inches in height at the time of installation, and any planted screening shall reach a minimum height of 36 inches within two years of planting. 2. The perimeter of all parking lots adjacent to residentially zoned property shall provide a transitional yard TY3 (See 4.5.5). D. Interior 1. Interior islands An interior landscaped island shall be provided for every ten spaces. Each island shall contain a minimum of 200 square feet with a minimum width of eight feet inside the curb and include a minimum of one canopy tree; provided that, where an island includes a sidewalk, such islands shall contain a minimum of 400 square feet with a minimum of 15 feet inside the curb. Planting islands shall be evenly distributed throughout the parking lot; with no parking space located more than 50 feet from a planting island. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees, where approved by the zoning administrator. 2. Terminal islands All rows of spaces shall terminate in a curbed landscaped island. Each island shall conform to the specifications described in 4.5.7.D.1, above. 3. Median islands A median island with a minimum width of eight feet inside the curb shall be sited between every six single parking rows. Median intervals may be expanded in order to preserve existing trees, where approved by the zoning administrator. E. Parking structures 1. General Parking lot interior landscaping requirements shall not apply to parking structures. 2. Perimeter landscaping Structured parking above finished grade shall comply with building setback requirements. Landscaping for parking structures shall be provided in all yards pursuant to perimeter landscaping requirements for surface parking. However, where the location of such structure with respect to property boundary and adjacent structures will substantially inhibit the growth of the required trees, such trees may be located along another perimeter of the site in a manner approved by the zoning administrator. F. Curbs and vehicle barriers Landscaped areas in or abutting parking lots must be protected by concrete curbing, anchored wheel stops, or other durable barriers approved by the zoning administrator. Curbs protecting landscaped areas may be perforated, have gaps, or otherwise be designed to allow stormwater runoff to pass through them. G. Landscape materials and design Landscape material used to satisfy the parking lot landscaping requirements of 4.5.7 are subject to the regulations of 4.5.9. 4.5.8 Screening A. Features to be screened The following features must be screened from view of public rights-of-way, public open spaces and from lots used or zoned for residential purposes, as specified in 4.5.8. 1. Drive-through windows/facilities, subject to 4.5.8.B; 2. Ground-mounted mechanical equipment, subject to 4.5.8.C; 3. Outdoor storage of materials, supplies, vehicles and equipment, subject to 4.5.8.D; 4. Pick-up and drop-off containers and facilities, subject to 4.5.8.E; 5. Roof-mounted mechanical equipment, subject to 4.5.8.F; and 6. Trash receptacles and service areas, subject to 4.5.8.G. B. Drive-through windows/facilities Drive-through windows/facilities and lanes shall be subject to the following screening requirements: 1. Drive-through windows/facilities and lanes placed between the right-of-way and the associated building shall require landscape plantings installed and maintained along the entire length of the drive-through lane, located between the drive-through lane and the adjacent right-of-way. 2. Such screening shall be a compact evergreen hedge or other type of dense foliage. At the time of installation, such screening shall be at least 36 inches in height and shall reach a height of 48 inches within two years of planting. C. Ground-mounted mechanical equipment All ground-mounted mechanical equipment over 30 inches in height must be screened from view by a solid fence, solid wall, dense hedge, or combination of such features. The hedge, fence or wall must be tall enough to screen the equipment. D. Outdoor storage of materials, supplies, vehicles and equipment 1. On nonresidential lots, all stored materials, supplies, merchandise, vehicles, commercial vehicles, boats (or similar), trailers, recreational vehicles, equipment, or other similar materials that are not on display for direct sale, rental or lease to the ultimate consumer or user must be screened by landscaping or solid fencing or wall, with a minimum height of six feet at the time of installation. (See also 4.10) 2. On residential lots, all stored materials, supplies, equipment, or other similar materials, including any vehicles, trailers, commercial vehicles, boats (or similar), recreational vehicles, or similar vehicles kept on an unsurfaced area, shall be located in the side or rear yard, screened from the view from the street and first story of any neighboring dwelling to the extent possible by landscaping or solid fencing or wall, and the total area for such outdoor storage shall not occupy more than 25 percent of the side and rear yards combined. 3. On residential lots, one commercial vehicle of a weight less than 9,000 pounds, one commercial trailer, or one noncommercial vehicle of a weight more than 9,000 pounds but less than 15,000 pounds may be kept in accordance with the provisions of City Code, Section 98-147(c). Screening shall not be required provided the vehicle or trailer is kept on a surfaced area. 4. On residential lots, boats (or similar) on trailers and noncommercial trailers may be kept without screening, provided the trailer is kept on a surfaced area. 5. On residential lots, screening shall not be required for firewood, outdoor furniture, portable grills, or similar items accessory to the residential use or for storage of materials and equipment related to a construction project for which a valid building permit is in effect and where the materials and equipment are maintained in an orderly condition and do not constitute a hazard. E. Pick-up and drop-off containers and facilities Pick-up and drop-off containers and facilities shall be screened from the first story window(s) of any neighboring dwellings by a solid fence, solid wall, dense hedge, or combination of such features. The hedge, fence or wall must be tall enough to screen the equipment. F. Roof-mounted mechanical equipment 1. Roof-mounted mechanical equipment (e.g., air conditioning, heating, cooling, ventilation, exhaust and similar equipment, but not elevator shafts, solar panels, wind energy or similar renewable energy devices) over 30 inches in height must be screened from ground-level view at the property line in one of the following ways: (a) A parapet wall; (b) A solid screen, which shall be an integral part of the building?s architectural design; or (c) An equipment setback from roof edges that is at least three feet in depth for each one foot of equipment height. 2. Fire safety access shall be provided. G. Trash receptacles and service areas 1. Trash receptacles and service areas (e.g., recycling containers, grease barrels, medical waste bins) must be screened from view of streets and all abutting lots with a solid wall or opaque fence, with doors or gates, at least six feet in height. 2. Trash receptacles and service areas may be located in parking lot but shall not reduce applicable parking requirements. 3. Trash receptacles and service areas may not be located in the required front or side (street) yard. H. Landscape materials and design Landscape material used to satisfy the screening requirements of 4.5.8 are subject to the regulations of 4.5.9. 4.5.9 Landscape material and design A. Landscaping within required landscaped areas Required landscaped areas must be covered with biodegradable mulch and/or ground cover plants. B. Plant types There are three plant types referred to in this section, and all shall require the use of locallyadapted plants. They include canopy trees, understory trees and shrubs, defined as follows: 1. Canopy trees Large deciduous shade trees with a mature height of 30 feet or greater and a mature spread of 30 feet or greater, with a mature height of 20 feet or greater. 2. Understory trees (a) Small deciduous trees or large deciduous shrubs with a mature height of 10 to 30 feet, except under overhead utilities, where lower heights at maturity may be required; or (b) Trees or large shrubs at least 10 feet tall at maturity that usually have green foliage throughout all seasons of the year. 3. Shrubs Prostrate or upright woody plants, either evergreen or deciduous, with a mature height usually less than 10 feet. Evergreen shrubs usually have green foliage throughout all seasons of the year. C. Required fencing and walls Fencing and walls used for required screening and in transitional yards shall: 1. Be constructed of high quality materials, such as decorative blocks, brick, stone, treated wood, or composite wood-like material complementary to the principal structure; Chain-link fences and barbed wire or concertina wire shall not be utilized for screening purposes; 2. Breaks in the fence or wall may be provided for pedestrian connections to adjacent properties; and 3. The maximum length of a continuous, unbroken and uninterrupted fence or wall plane shall be 100 feet; visual relief shall be provided at intervals not exceeding 100 feet through the use of masonry columns at reasonable intervals. D. Existing trees and vegetation Existing non-invasive trees and shrubs count toward satisfying the landscaping regulations of 4.5 if they are located within the subject area and they comply with the plant height and size requirements of 4.5.9. 1. Tree management plan A tree management plan shall be required prior to the removal or destruction of existing trees that are at least five inches in diameter measured at breast height (DBH), including the following information, except as deemed necessary by the zoning administrator: (a) The location, size, condition and species of all trees which are at least five inches in diameter to be preserved or removed; (b) The location, size and species of all trees to be preserved or removed; (c) Specifications for the removal of trees and protection of trees during construction; (d) Proposed grade changes or other potentially injurious work adjacent to trees designated for preservation with specifications for maintaining ground drainage and aeration around such trees; (e) The location, size and species of all trees to be planted; and (f) Such other information that the zoning administrator deems essential. 2. Tree protection during construction (a) Existing trees specified on the landscape plan to remain on the site shall be protected from vehicular movement and material storage over their root spaces during construction. An undisturbed area with a porous surface shall be reserved around a tree, based on the drip line or as specified by an arborist or landscape architect. (b) A temporary tree protection fence shall be installed along the drip line. 3. Tree removal (a) Diseased trees or trees weakened by age, storm, fire or other injury may be removed in accordance with this 4.5.9.D.3. Trees that are damaging or can be reasonably expected to damage buildings, streets, sidewalks or other infrastructure may be removed, subject to verification of site conditions by the zoning administrator. All other tree removal should be based on a consideration of the following: (1) The effect of the proposed tree removal upon the stabilization of soil, lakes, ponds, streams and rivers; (2) The intended use of the property and feasible alternatives which would preserve existing trees; (3) The existing topography, proposed changes in the topography and proposed landscaping; (4) The hardship imposed or the reasonable use denied to the applicant as a result of permit denial; (5) Historical value of the trees; (6) Good horticultural and forestry practices; (7) The effect of the proposed tree removal on the deadening and absorption of sound; (8) The likelihood that the proposed action will adversely affect the control of flooding or soil erosion; (9) The impact of such action on surrounding property or persons; and (10) The consistency of the proposed action with the purpose of 4.5.1. (b) Trees that are approved by the zoning administrator for removal shall be replaced with new trees or large shrubs on the same property and in the same general location. 4.5.10 Alternative compliance In order to encourage creativity in landscape and screening design and to allow for flexibility in addressing atypical, site-specific development/redevelopment challenges, the zoning administrator is authorized to approve alternative compliance landscape plans subject to the following findings: A. The approved administrative alternate meets the intent of the landscaping regulations; B. The approved administrative alternate complies with the comprehensive plan and adopted city plans; and C. The approved administrative alternate is considered equal to or better than the standard. (10-1-16)

Fairfax City City Code  View whole ordinance
Chapter 54 OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE III. OFFENSES AGAINST PROPERTY DIVISION 1. GENERALLY Sec. 54-67. Injuring properties or monuments. It shall be unlawful for any person to unlawfully destroy, deface, damage or remove without the intent to steal any property, real or personal, not his own, or break down, destroy, deface, damage, or remove without the intent to steal, any monument erected for the purpose of marking the site of any engagement fought during the War between the States, or for the purpose of designating the boundaries of the city, or any tract of land, or any tree marked for that purpose. (Code 1978, ? 14-22.2) State Law reference? Similar provisions, Code of Virginia, ? 18.2-137.

Fairfax City City Code  View whole ordinance
Chapter 54 OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE III. OFFENSES AGAINST PROPERTY DIVISION 1. GENERALLY Sec. 54-69. Destruction of trees, shrubs, etc. (a) It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another, or upon any land reserved, set aside or maintained by the commonwealth as a public park, or as a refuge or sanctuary for wild animals, birds or fish, or upon any land reserved, set aide or maintained as a public park, by a park authority created under the provisions of Code of Virginia, ? 15.2-5702, without having previously obtained the permission in writing of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless such actions are done under the personal direction of such owner, his agent, tenant or lessee or superintendent or custodian of such park, refuge or sanctuary. (b) Any person violating this section shall be guilty of a class 3 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit. (Code 1978, ? 14-22.1) Cross reference? Vegetation, ch. 106. State Law reference? Similar provisions, Code of Virginia, ? 18.2-140.

Fairfax City City Code  View whole ordinance
Chapter 86. SUBDIVISION ORDINANCE Article 2. DESIGN AND IMPROVEMENTS 2.3 Pedestrian Facilities 2.3.4 Sidewalks B. Placement 1. Where sidewalks are required, sidewalks shall be provided according to one of the following placement alternatives as determined by the zoning administrator: (a) Sidewalks shall be placed against the back of curb (urban street frontage); or (b) Sidewalks shall be placed such that a minimum strip of green space (3 to 5 feet wide) is maintained between the back of curb and the inside edge of the sidewalk and have a minimum paved width of five feet for this placement (sub-urban street frontage); a minimum of three feet of green space shall be maintained adjacent to all tree pits. (10-1-16)

Farmville Town Code  View whole ordinance
Chapter 18 OFFENSES?MISCELLANEOUS Sec. 18-17. Destroying, injuring, etc., property?Public. It shall be unlawful for any person to break, tear down, deface or destroy, or to assist in breaking, tearing down, defacing, injuring or destroying, any tree, sign, building, bridge, pavement or any other property belonging to or controlled by the town. (Code 1973, ? 18-15) State Law reference? Similar provisions, Code of Virginia, ?? 18.2-138, 18.2-139. Sec. 18-39. Removing sand, rock, etc., from streets and public grounds. It shall be unlawful for any person to remove or cause to be removed any dirt, sand, stone, rock, tree, shrub, plank, sidewalk or fence from any street, alley, lot or ground belonging to the town without permission from the mayor or the council. (Code 1973, ? 18-41) Cross reference? Streets and sidewalks, Ch. 23. State Law reference? Injuries to trees, etc., in public squares or grounds, Code of Virginia, ? 18.2-139.

Farmville Town Code  View whole ordinance
Chapter 27 TREES AND SHRUBS Sec. 27-11.Adjacent landowner responsibility. No person shall plant, remove, or disturb any tree on or within any town street rights-of-way, park or other public place without first obtaining permission from the town. (Ord. No. 102, 6-15-2006)

Farmville Town Code  View whole ordinance
Chapter 27 TREES AND SHRUBS Sec. 27-9. 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. 27-6. Licensing and permits. It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, spraying, or to otherwise treat trees, shrubs or vines on public property, within the town without first producing evidence of a business license. (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 8 CEMETERIES Sec. 8-17. Injury to property. It shall be unlawful for any person to injure or deface any part of the enclosure of Westview Cemetery; any enclosure of any grave or lot; any monument, tombstone or slab; any inscription or device thereon or to destroy or injure any tree, shrub, vine or flower therein. (Code 1973, ? 8-14) State Law reference? Injuries to cemeteries, burial grounds, etc., Code of Virginia, ? 18.2-127; injuring, etc., any property, monument, etc., Code of Virginia, ? 18.2-137.

Farmville Town Code  View whole ordinance
Chapter 8 CEMETERIES Sec. 8-20. Permit for planting or removal of plants, shrubbery or trees; installing monuments or markers in any lot. No person shall plant or remove any plants, shrubbery, or trees, or install any monument or marker in any lot in Westview Cemetery without first securing a permit from the town manager or his authorized representative to do so. Such permit shall be in writing and in such form as may be prescribed by the town manager. After such plants, shrubbery or trees have been planted or removed, the permit shall be surrendered to the town office and canceled. (Code 1973, ? 8-17) Cross reference? Licenses and permits, Ch. 14; trees and shrubs, Ch. 27.

Franklin City Code  View whole ordinance
Chapter 7 CEMETERIES Sec. 7-10. Perpetual care of burial space or lot. The City shall care in perpetuity for all burial spaces or lots in City cemeteries. Such care shall include the cutting and raking of grass, the trimming of trees and shrubs, the preservation of graves and the removal of refuse, but shall not include cover work on monuments, markers and tombstones therein. The owner(s) of a burial space or lot may not prohibit the City from performing its obligations under this section. [Ord. of 5-12-1997] Sec. 7-13. Cemetery regulations. The following regulations govern the use of burial spaces and lots in City cemeteries: ? (4) No tree, shrub or plant shall be planted, pruned or removed from a City cemetery without the consent of the Director. The Director may plant, prune, remove or transplant any tree, shrub or plant in a City cemetery or at any burial space or lot whenever it is necessary to do so in order to economically maintain and care for burial spaces or lots, to prevent the impairment of or interference with the use of other burial spaces or lots or to promote, preserve or improve the appearance and dignity of the cemetery. ? [Ord. of 5-12-1997]

Fredericksburg City Code  View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places ARTICLE VI. Trees Sec. 66-222. Planting of trees, shrubs, and vegetation on City property ? Permit required. It shall be unlawful for any person other than the City Manager or his designee to plant, trim, or prune any tree, shrub, or other vegetation on, or to remove any tree, shrub, or other vegetation from, any dedicated City street, alley, park, or other property owned or controlled by the City without first obtaining the written permission of the City Manager or his designee; provided, however, that nothing contained in this section shall prohibit the trimming or cutting of grass in the public right-of-way. For purposes of this article, the term "city-owned property" shall mean any lands owned by the City within the City except for property under the jurisdiction and control of the School Board. Any tree, shrub, or other vegetation planted in violation of this section shall be subject to removal by the City. [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. 66-223. Same ? Permitted species. A. It shall be unlawful for any person to plant any tree, shrub, or other vegetation on City-owned property unless it is shown on the current list of approved species developed and maintained by the City Manager. Any tree, shrub, or vegetation planted in violation of this section shall be subject to removal by the City. B. The City Manager or his designee may plant trees, shrubs, and vegetation not shown on the list of approved species in public parks only. [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. 66-224. 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 66. Streets, Sidewalks and Other Public Places ARTICLE VI. Trees Sec. 66-229. Abuse or mutilation of trees, shrubs, or other vegetation on City-owned property. It shall be unlawful for any person to willfully or maliciously break, bark, belt, or otherwise injure any tree, shrub, plant, or other vegetation on City-owned property. [Ord. No. 04-08, 4-27-2004] Sec. 66-230. Violations. Any person found in violation of any provision of ? 66-222, 66-223, or 66-229 shall be guilty of a misdemeanor punishable by a fine of not more than $1,000. This shall be in addition to any civil penalties, charges, or other actions that may be instituted against such person to prevent, restrain, correct, or abate violations of this article. [Ord. No. 04-08, 4-27-2004]

Fredericksburg City Code  View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places ARTICLE VIII. Use of Other Public Property Sec. 66-251. General regulations on use of public property. A. These general regulations apply to the parks, trails, parking lots, parking decks, riparian land, and other property described in this article, unless a more specific section of this article applies. B. Prohibited activities. It shall be unlawful, on the land described in Subsection A, to: ? (8) Cut, clear, damage, or destroy any tree or other natural vegetation. ? ? [Ord. No. 14-04, 1-28-2014]

Harrisonburg City Code  View whole ordinance
Title 15 HEALTH AND SANITATION CHAPTER 4. CRIMES AGAINST PROPERTY ARTICLE B. TRESPASS Sec. 16-4-15. Injuries to cemeteries, burial grounds, etc. (a) If any person: ? (3) Willfully or maliciously destroy, remove, cut, break or injure any tree, shrub or plant within any cemetery or lot of any memorial or monumental association; ? ? State Law reference? Va. Code, ? 18.2-127.

Harrisonburg City Code  View whole ordinance
Title 9 PARKS, RECREATION AND CULTURAL AFFAIRS CHAPTER 6. PUBLIC TREE ORDINANCE Sec. 9-6-7. Public tree care. (a) The city shall use established standards to plant and care for public trees, such as: ISA (International Society of Arboriculture) standards, Virginia Cooperative Extension Service publications, and ANSI A-300. (b) Permits must be requested and obtained from the public tree advisory board before: (1) Removal of any public trees by the city or private property owners or others; (2) Planting of any public tree by any private property owner or others; or (3) Pruning of any public tree by any private property owner or others. (c) Established standards shall be followed for work as cited above to ensure quality care of public trees. (d) In the event of an emergency, such as a fallen tree or other condition requiring the immediate removal of a public tree, the tree may be removed without complying with the provisions of subsection (b) above. An "emergency" shall include, but not limited to: trees posing an immediate danger to public safety, trees causing outage of utility services, etc. (e) When the city removes a tree, it shall be city policy to plant an appropriate replacement somewhere in the general area, which may include offering a replacement to a private property owner for planting on private property where replacement on public property is not practical. (f) Applications for permits required by the provisions of this chapter shall be made at the office of the department of planning and community development, not less than thirty (30) days in advance of the time the work is desired to be done. (Ord. of 12-14-04)

Hopewell City Code  View whole ordinance
Chapter 12 Cemeteries ARTICLE I. IN GENERAL Sec. 12-2. Injuring, etc., cemeteries, burial grounds, etc. (a) If any person: ? (2) Willfully or maliciously destroy, remove, cut, break or injure any tree, shrub or plant within any cemetery or lot of any memorial or monumental association; ? ? Cross reference: Damaging property generally, ? 25-33 et seq. State law reference: Similar provisions, Code of Virginia, ? 18.2-127.

Hopewell City Code  View whole ordinance
Chapter 25 Offenses - Miscellaneous Sec. 25-35. Destruction of trees, shrubs, etc., on land of another, public park or wildlife refuge or sanctuary. (a) It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon the land of another, or upon any land reserved, set aside or maintained as a public park, or as a refuge or sanctuary for wild animals, birds or fish, without having previously obtained the permission, in writing, of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same be done under the personal direction of such owner, his agent, tenant or lessee or superintendent or custodian of such park, refuge or sanctuary. (b) Any person violating this section shall be guilty of a Class 3 misdemeanor; provided, however, that the approval of the owner, his agent, tenant or lessee, or the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit.

Leesburg City Code  View whole ordinance
Chapter 24 OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE III. OFFENSES AGAINST PROPERTY DIVISION 3. MALICIOUS MISCHIEF[4] Sec. 24-90. Injuring, damaging, etc., property generally. (a) General prohibition. The destruction, injuring, damaging, mutilation or removal of the property of another is hereby prohibited. It shall be unlawful for any person to destroy, damage, mutilate or remove the property of another. (b) Cemeteries. No person shall damage or deface in any way whatsoever any well, pump, building, tombstone, seat, bench, chair, railing, enclosure, tree, shrub, vine, bulb, flower or other thing placed, put or growing in any cemetery. (c) Grassplots, flowers, etc. No person shall drive any animal or vehicle along, on or across any grassplot in any street or public place or on a sidewalk. (Code 1963, ? 15-28; Code 1976, ? 11-28) State Law reference? Injuring property generally, Code of Virginia, ? 18.2-137. Sec. 24-93. Placing or posting advertising matter on or in vehicles, trees or utility poles. It shall be unlawful for any person to place or cause to be placed any circulars, bills, posters or any advertising matter on or in any vehicle while parked in the municipal parking lot or on any street in the town, or to post or attach any such matter on any tree or electric or telephone pole within the public right-of-way. (Code 1963, ? 15-56; Code 1976, ? 11-31)

Leesburg City Code  View whole ordinance
Chapter 26 PARKS AND RECREATION ARTICLE II. PARK RULES Sec. 26-21. Parks property. (a) Prohibited acts?Generally. The following shall be the general prohibitive acts within park property: (1) Disfiguration and removal. No person in a park shall willfully mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplace, railings, signs, tree guards, paving or paving material, public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts or other boundary marks, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal. ? (3) Removal of natural resources. No person in a park shall dig or remove any sand, soil, rock, stones, water, trees, shrubs, flowers or plants, downed timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency. ? (b) Same?Trees, shrubbery, lawns. The following shall be the prohibited acts for trees, shrubbery, lawns, etc. on park property: (1) Injury and removal. No person in a park shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant; nor attach any rope, wire, or other contrivance to any tree or plant; or dig in otherwise distributed grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. (2) Climbing trees, etc. No person in a park shall climb any tree or walk, stand, sit or attach any rope or cable or other contrivance upon monuments, vases, fountains, railings, fences, buildings or upon any other property not designated or customarily used for such purposes. ? (Code 1976, ? 11-81(b); Ord. No. 91-0-11, ? 1, 2-26-1991; Ord. No. 95-0-29, ?? I, II, 10-24-1995; Ord. No. 99-0-12, ? I, 5-11-1999; Ord. No. 2003-0-16, ? I, 10-15-2003)

Lexington City Code  View whole ordinance
Chapter 147. Cemeteries [HISTORY: Adopted by the City Council of the City of Lexington by Ord. No. 05-4 (Ch. 6 of the 1970 Code). Amendments noted where applicable.] Article I. In General Sec. 147-1. Disfiguring cemetery property. It shall be unlawful for any person to disfigure, break or mutilate any tombstone, gravestone, marker, monument, vault, enclosure, tree, shrub or vegetation in Evergreen Cemetery or Stonewall Jackson Memorial Cemetery.

Lexington City Code  View whole ordinance
Chapter 380. Trees [HISTORY: Adopted by the City Council of the City of Lexington 4-20-2006 by Ord. No. 2006-03 (Ch. 25.1 of the 1970 Code). Amendments noted where applicable.] Sec. 380-10. Prior notice for removal. A. For public safety, and to avoid damage to public utilities, owners considering the removal of trees greater than six inches dbh and growing within 15 feet of the City right-of-way should notify the City Arborist of their removal plans. B. In the Central Business District, there shall be no planting or removal of protected trees without prior notification, review, and approval of the Tree Board. C. No person, except authorized employees of the City, shall remove planted trees, shrubs or plantings protected under this chapter without first procuring authorization from the City Arborist. The person who obtains such authorization shall bear the cost of removal.

Lexington City Code  View whole ordinance
Chapter 380. Trees [HISTORY: Adopted by the City Council of the City of Lexington 4-20-2006 by Ord. No. 2006-03 (Ch. 25.1 of the 1970 Code). Amendments noted where applicable.] Sec. 380-11. Remedies for hazard trees. A. The City shall provide for removal of dead, diseased, or hazard trees or shrubs on land owned by the City or within a City right-of-way when such trees are determined by the City Arborist to constitute a hazard to life, health, or property. B. If a hazard tree is located on private property, and if the tree constitutes a hazard to the general public, the City Arborist shall notify the owner of the premises as follows: (1) Such notification shall: (a) Be in writing; (b) Be sent by certified mail, return receipt requested; (c) Be mailed to the address of the owner shown on the records in the office of the Commissioner of the Revenue; and (d) Cite the tree's condition and the corrective action required to remedy the hazard tree. (2) If such owner cannot be found, a copy of such notice shall be placed next to said tree or part thereof. (3) Written notice shall also be given to any tenant occupying such property. C. Upon receipt of the written notice described above, the property owner may appeal the order to the City Manager. Such appeal must be made in writing within 15 days of notification from the City Arborist. Any actions required in the notice shall be delayed pending the City Manager's response to the appeal. D. If any work required to be done by the City Arborist is not accomplished within the time specified, the City Attorney may institute a suit to compel the responsible party to remedy or remove the hazard tree and to recover the necessary costs incurred for the provision of emergency services reasonably required to remedy or remove any such hazard tree. E. The term "responsible party" shall include, but not be limited to, the owner of the premises where the hazard tree is located.

Lexington City Code  View whole ordinance
Chapter 380. Trees [HISTORY: Adopted by the City Council of the City of Lexington 4-20-2006 by Ord. No. 2006-03 (Ch. 25.1 of the 1970 Code). Amendments noted where applicable.] Sec. 380-8. Protection of trees. A. Any tree protected by the terms of this chapter (hereafter "protected tree") which is near any excavation or construction of any building, structure, or street work shall, if feasible, have its critical root zone protected with an effective fence, frame, shield, or box not less than three feet high, and all building material, dirt or other debris shall be kept outside this barrier. B. No person, including public utility companies and City departments, shall excavate any ditches, tunnels, or trenches or lay any line within the critical root zone of any protected tree without notification of and discussion with the City Arborist. In the event of a disagreement between the public utilities, City departments and the City Arborist, the decision regarding the location of excavation will be made by the City Manager. C. Any person performing emergency work to restore, but not increase beyond the original capacity of, underground utilities, and within the same trench as existing utilities, shall be exempt from this notification, provided that the City Arborist is notified as soon as practical should excavation necessitate severing roots in excess of three inches in diameter. D. All trees on public areas shall, to the degree practical, be pruned or trimmed in accordance with the standards described in the American National Standards Institute's A300 Pruning Standard. This applies to all public utility companies and City departments involved in maintenance of easements. Sec. 380-9. Damage prohibited. A. Unless specifically authorized by the City Arborist, or by the City Manager as detailed in ? 380-8B, no person shall intentionally damage, cut, carve, disturb, transplant or remove any protected tree; allow any gas, liquid or solid substance which is harmful to such trees to come in contact with them; set fire to or allow the heat thereof to injure any portion of any such tree; or change the natural grade of the critical root zone of such trees either by excavating or filling. Any person violating the provisions of this subsection shall be guilty of an unclassed misdemeanor punishable with a fine of up to $500 and, in addition thereto, shall be responsible for the cost of repair or replacement of any such tree so damaged. B. It shall be unlawful as a normal practice to top any protected tree. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy, disfigure the tree, and create a public hazard. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this subsection as determined by the City Arborist.

Luray Town Code  View whole ordinance
Chapter 74 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE I. IN GENERAL Sec. 74-9. Clearance for awnings, fire escapes, signs, tree limbs, etc., over streets, sidewalks, alleyways, rights of way, etc. (a) Pursuant to the Code of Virginia, 1950, ? 15.2-2010, as amended, it shall be unlawful for any person to place or allow to remain over any public street, avenue, park, ridge, sidewalk, building, structure, fence, alleyway, easement, or right of way, or any other public places or public property, any awnings, fire escapes, shutters, signs, cornices, gutters, downspouts, bay windows and other appendages to buildings or property, unless the same be at least 14 feet above the street, or nine feet above such other public places or public property, and with authorization of the town manager, or their designee. The town manager, or their designee, may remove the thing whenever such person, after the expiration of five days next following receipt of notice, has failed to do so. The cost of any removal shall be chargeable to such person and shall be added to their tax bill. (b) It shall be unlawful for any person to place or allow to remain over any public street, avenue, park, ridge, sidewalk, building, structure, fence, alleyway, easement, or right of way, or any other public places or public property, any tree, shrub, bush or other growth, or any part thereof, unless the same be at least 14 feet above the street, or nine feet above such other public places or property. The town may remove the tree, shrub, bush or other growth, or any part thereof, whenever such person, after the expiration of five days next following receipt of notice, has failed to do so. The cost of any removal shall be chargeable to such person and shall be added to their tax bill. ? For the purpose of this section, the term "sidewalk" shall mean not only any sidewalk on the property of the town, but also the property of any person which is adjacent thereto, not more than three feet therefrom, and not enclosed. (d) Any person who violates this section as the owner or occupant of the subject property shall be guilty of a Class 4 Misdemeanor. (Code 1965, ?? 24-22, 24-23; Code 1981, ? 16-10; Ord. No. 2005-11-08, ? 1, 11-14-2005; Ord. of 5-27-2014, ? 1) State Law reference? Authority of town to permit signs, etc., to overhang street, etc., Code of Virginia, ? 15.2-2010.

Lynchburg City Code  View whole ordinance
Chapter 28 PARKS, PUBLIC PLACES ARTICLE II. CEMETERIES Sec. 28-21. Disturbing graves, injuring trees, etc. Any person who shall disturb any grave, injure, deface or remove any tombstone, wall or fence within the limits of any cemetery, or break, cut or destroy any trees, bushes, flowers or other shrubbery within such limits, without the consent of the owner of the enclosure or square within which the same may be growing, or commit any nuisance, or do any other unlawful, indecent or improper act within such limits, shall be deemed guilty of a class 2 misdemeanor. (Code 1959, ? 23-19)

Lynchburg City Code  View whole ordinance
Chapter 38 TREES AND VEGETATION ARTICLE I. IN GENERAL Sec. 38-2. 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. 38-4. Abuse, mutilation, or damage to public trees. Unless specifically authorized by the urban forester, no person shall intentionally damage, cut, carve, transplant or remove any tree on public property; nor attach any rope, wire, nails, advertising posters or other contrivance to any public tree; nor allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with them; nor set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor and, in addition thereto, shall be responsible for the cost of repair, or removal and replacement of any public tree so damaged. The owner of any vehicle which accidentally damages a tree(s) on public property shall be responsible for the cost of repair or removal, and the cost of a replacement tree(s) on public property. (Code 1959, ? 23.1-4; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99) Sec. 38-5. Protection of trees. (a) All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work, shall be guarded with a good substantial fence, frame or box not less than four feet high and eight feet square, or at a distance in feet from the tree equal to the diameter of the trunk in inches dbh, whichever is greater, and all building material, dirt or other debris shall be kept outside the barrier. (b) No person shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of ten feet from any public tree without first obtaining a written permit from the urban forester. ? The public works department shall notify the urban forester in advance of any applications for new curb, gutter, sidewalks, or driveway installations, or other improvements which might require the removal of or cause injury to any street tree, or its root system, or interfere with the fulfillment of the street tree plan. (Code 1959, ? 23.1-5; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)

Lynchburg City Code  View whole ordinance
Chapter 38 TREES AND VEGETATION ARTICLE I. IN GENERAL Sec. 38-6. Placing materials on public property. No person shall deposit, place, store or maintain upon any public place of the city, any stone, brick, sand, concrete or other materials which may impede the free passage of water, air and fertilizer to the roots of any tree growing thereon, except by written permit of the urban forester. (Code 1959, ? 23.1-6; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99) Sec. 38-7. Improper planting. Whenever any tree shall be planted or set out in conflict with the provisions of this chapter, it shall be lawful for the urban forester to remove or cause removal of said trees; and the cost thereof shall be recoverable from the person(s) responsible for such planting. (Code 1959, ? 23.1-7; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99) Sec. 38-8. Removal, replanting, and replacement. (a) If conditions prevent planting on treelawns, this requirement can be satisfied if any equivalent number of trees of an accepted species and size are planted on neighboring public or private property, so as to create a tree-lined street effect. (b) No person shall remove a tree from the treelawn for the purpose of construction, or for any other reason, without first filing an application and procuring a permit from the urban forester, and without replacing the removed tree or trees in accordance with the adopted arboricultural specifications. Such replacement shall meet the standards of size, species and placement as provided for in a permit issued by the urban forester. The person or property owner shall bear the cost of removal and replacement of all trees removed. (Code 1959, ? 23.1-8; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99) Sec. 38-9. Planting in rights-of-way. It shall be unlawful for any person to plant or cultivate any plants, trees, shrubs or other landscaping materials within a public right-of-way without first obtaining a permit therefor from the urban forester. (Code 1959, ? 23.1-9; 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 1. GENERALLY Sec. 122-34. Planting trees on city property; planting water-seeking trees on private property. (a) No person, other than a city employee acting in the scope of his duties, shall plant any tree on city property, including but not limited to the streets and sidewalks of the city, without the prior written consent of the city. (b) The following genera and species of trees are hereby deemed water-seeking and, after December 15, 2001, may not be planted on private property within ten feet of any water, storm sewer, or sanitary sewer easement: Genus Salix (willow), Genus Populus (poplar), Genus Ulmus (elm), Species Acer saccharinum (silver maple), Species Acer rubrum (red maple). (c) If the person planting the tree neglects or refuses to remove any tree planted contrary to this section within 30 calendar days after being ordered to do so by the city arborist, the city may have the tree removed and require the person planting the tree to pay the cost of removal. (Ord. No. O-2002-07, ? 1(31.1-3), 11-15-2001)

Manassas City Code  View whole ordinance
Chapter 34 CEMETERIES Sec. 34-14. Cutting or removal of trees. Before any tree shall be cut or removed in the cemetery, a permit for cutting and removing of the tree shall be first obtained from the caretaker of the cemetery. Such tree shall be cut and removed under the supervision of such caretaker and at the expense of the person desiring such removal. Any person who violates any provision of this section shall be guilty of a Class 1 misdemeanor. (Code 1978, ? 7-29) Cross reference? Vegetation, ch. 122. State Law reference? Digging up, cutting, etc., trees found growing or being upon the land of another, Code of Virginia, ? 18.2-140.

Manassas City Code  View whole ordinance
Chapter 70 HEALTH AND SANITATION ARTICLE III. OFFENSES AGAINST PROPERTY Sec. 78-70. Damaging church, church property, cemetery or burial grounds. Any person who willfully or maliciously commits any of the following acts is guilty of a Class 1 misdemeanor: (1) Destroys, removes, cuts, breaks, or injures any tree, shrub, or plant on any church property or within any cemetery or lot of any memorial or monumental association; ? (Code 1978, ? 7-30) State Law reference? Injuries to cemeteries, places of burial, etc., Code of Virginia, ? 18.2-127.

Martinsville City Code  View whole ordinance
Chapter 13 OFFENSES?MISCELLANEOUS Sec. 13-29. Damaging or defacing property in or on streets, lanes or public squares. Every person who shall maliciously, wantonly or carelessly mark with chalk or daub with paint, cut, break or otherwise injure or deface any fence, wall, post, lamppost, lamp or lantern, utility pole, tree, tree box, show window, house or other building or sidewalk in or upon any of the streets, lanes or public squares of the city shall be guilty of a Class 1 misdemeanor. Cross reference? Penalty for Class 1 misdemeanor, ? 1-11; permit to cut, trim, etc., street trees, ? 19-10.

Martinsville City Code  View whole ordinance
Chapter 21.5 TREES Sec. 21.5-10. Public tree care. The city shall have the right to plant, prune, maintain and remove trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public property, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of public property. The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to public property, public buildings, sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners provided that the selection and location of said trees is in accordance with this chapter. (Ord. No. 2004-20, ? X, 1-25-2005)

Martinsville City Code  View whole ordinance
Chapter 21.5 TREES Sec. 21.5-11. Tree planting, maintenance, and removal. Tree species: The city tree board develops and maintains a list of desirable trees for planting along streets in three sizes: small, medium and large. Spacing: The spacing of street trees will be in accordance with the three species size classes listed in this chapter, and no trees may be planted closer together than the following: small trees, thirty (30) feet; medium trees, forty (40) feet; and large trees, fifty (50) feet; except in special plantings designed or approved by a landscape architect. Utilities: No street trees other than those species listed herein as small trees may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, gas line, transmission line or other utility. Distance from curb and sidewalk: The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three (3) species size classes listed in this chapter, and no trees may be planted closer to any curb or sidewalk than the following: small trees two (2) feet, medium trees three (3) feet, and large trees four (4) feet. Topping: It shall be discouraged as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where pruning practices are impractical shall be exempted from this chapter as determined by the chief of electrical operations, manager of business and technical services or the director of financial and general services. (Ord. No. 2004-20, ? XI, 1-25-2005)

Martinsville City Code  View whole ordinance
Chapter 21.5 TREES Sec. 21.5-6. Applicability. This chapter shall apply to trees, plants and shrubs located within street rights-of-way, parks and public places of the city. Trees, plants and shrubs located on private property that constitute a public nuisance shall be governed by the city's property maintenance code. (Ord. No. 2004-20, ? VI, 1-25-2005)

Martinsville ZONING ORDINANCE  View whole ordinance
APPENDIX A LAND SUBDIVISION ORDINANCE SECTION 5. GENERAL REGULATIONS 5-31. Street trees. Trees shall only be located and planted in accordance with Zoning Ordinance Section XIV, Landscaping Standards and the Tree Ordinance of the City of Martinsville.

Middleburg Town Code  View whole ordinance
Chapter 105 TREE PRESERVATION 105-16 Acts Harmful to Trees on Public Property (A) No person shall abuse, mutilate or otherwise damage any tree located on public property or any tree protected by this ordinance, including those street trees located along street frontages within a subdivision. However, nothing in this section shall be cons1d to prevent reasonable and proper trimming of trees located on public property by authorized persons in accordance with the accepted arboricultural standards set forth by the International Society of Arboriculture. (B) No person shall attach any sign, notice, placard, electrical wire or other injurious device to any tree, nor shall any person cause any substance harmful to trees to come in contact with them, or prevent water or oxygen from reaching their roots. The use of tree-climbing spikes is prohibited except for removals or in emergencies. ? No person shall cover the ground with impervious material any closer to the trunk of a tree than its drip line. This provision may be waived by the Town Administrator or designee if it is determined that the proposed action will not harm the tree. (D) Unless otherwise authorized in writing by the Streetscape Committee, it shall be unlawful as a normal practice for any person or firm to top any tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the Streetscape Committee.

Middleburg Town Code  View whole ordinance
Chapter 118 WEEDS AND DEBRIS [HISTORY: Adopted by the Council of the Town of Middleburg Ch. 5, Art. III, Sec. 29, of the 1961 Code. Section 118-2 amended at time of adoption of Code. Amended in its entirety 09/13/12.] 118-2 Prohibited growth The owner of any undeveloped or developed property, whether occupied or vacant, shall not permit grass, weeds or other foreign growth on such property or any part thereon to exceed ten (10) inches in height, excluding ornamental grasses, flowers, trees or, shrubs or for plantings associated with a bio-pond as shown on a landscaping plan as approved by the Streetscape Committee.

Newport News City Code  View whole ordinance
Chapter 29 PARKS, SQUARES AND RECREATIONAL FACILITIES ARTICLE I. IN GENERAL Sec. 29-42. Climbing, or attaching swing or hammock to trees. No person shall climb a tree, nor attach a swing, hammock or other object to any tree, shrub, landscape planting or other vegetation located on city property. (Ord. No. 172, ? 15; Code 1961, ? 26-20; Ord. No. 2909-82; Ord. No. 6977-13, ? 1) Editor's note? Formerly, ? 29-40.

Newport News City Code  View whole ordinance
Chapter 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)

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 II. TREE ORDINANCE Sec. 45-14. - Maintenance permit for work on city property. (a) The director, under special circumstances, may issue a maintenance permit which authorizes residents within a defined area to maintain the shrubs, trees and flowers on city-owned property lying between the paved portion of the street and in areas of the city where sidewalks do not exist and the distance between the paved portion of the street and the property line is larger than is normally found in other areas of the city, and in such other areas as the director shall determine that the issuance of such maintenance permit would be in the best interest of the city in carrying out the purpose and intent of the tree ordinance. The director may impose such conditions and limitations on the permits as would be consistent with the terms and conditions of this article. If residents in the area fail to carry out the maintenance program within the conditions and limitations set forth in the permit, the director of neighborhood and leisure services may revoke the same. The issuance of such permit shall not in any way condone or authorize any property owner to maintain a public nuisance on public or private property, nor does the permit exempt such property owner from the other provisions of this article. (b) The director may issue an area-wide or city-wide permit in order to correct or eliminate problems or conditions where it is not feasible or practicable to handle in any other way. The director may implement this permit by advertising in a newspaper of general circulation in the city setting forth the problem or condition to be corrected or eliminated, the manner and materials to be used, and other conditions, as he sees fit, to protect the urban forest. (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. 45-20. Safeguards during construction work. For the purposes of safeguarding trees on city-owned property and in the resource protection area and intensely developed area in the Chesapeake Bay Preservation Overlay District in zoning ordinance) (sic) during construction, including pruning, overhead or underground utility, installations and excavations, within the critical root zone, the following conditions shall apply to all trees other than those for which a permit has been issued authorizing removal: (1) Prior to the commencement of construction, all trees, shrubs and other vegetation on the building site or within the project area shall be inventoried by the applicant or contractor as to species, diameter at breast height (four and one-half (4.5) feet above ground) expressed in inches crown-spread expressed in feet, and location on the lot, and the inventory shall be clearly and accurately shown to scale on a map, drawing, or plat of known scale, and shall be submitted to the bureau of parks and forestry. (2) Damage to any trees, shrubs and other vegetation during construction shall be immediately reported by the person causing the damage, or the owner, to the city forester, and the applicant shall treat the tree for damage in the manner specified by the director. (3) Excavations within the critical root zone of any tree, except within the paved roadways and for all emergency repairs to existing underground utilities, shall be done only after consultation with the director and then only to the extent authorized in the permit and in accordance with all controlling arboricultural specifications and standards and city tree protection notes and details. (4) Unless otherwise allowed by the director, approved protective fencing shall be installed at the crown-spread or critical zone of all trees, shrubs and other vegetation located within the work zone prior to the commencement of any construction activity including mobilization, except for construction activities which limit disturbance to within the paved roadways (from face of curb to face of curb) and for emergency restoration of existing underground utility service, in order to prevent unnecessary damage to the trunk, crown, root system or soil environment. (5) Whenever excavations, approved through a permit issued by the director, are made within the critical root zone of trees, shrubs and other vegetation appropriate measures as specifically described or referenced in the permit or City of Norfolk tree protection notes and details, shall be taken to protect the root system (roots and rooting environment) from any damage or loss, desiccation, and soil compaction. (6) Except on improved paved roadways (from face of curb to face of curb), no material of any sort, including, but not limited to, soil, dirt, rock, stone, rubble, bricks, concrete, concrete rinse, mortar mix, asphalt, steel, wood, construction supplies, dredge spoil, fill material, organic wastes, herbicides, oil, gasoline, diesel fuel, chemicals, paint, paint thinners, waste water, construction effluents, or other materials detrimental to trees, shrubs and other vegetation or soil environment, shall be placed within the crown-spread or critical root zone of any tree, shrubs and other vegetation or uphill from such where said substance might reach the roots through a leaching process without a tree permit specifically approving same. (7) Except on paved roadways and for emergency restoration of existing utility service to original capacity, and for construction projects where a permit has been issued by the director authorizing the use of equipment fundamental to the proposed construction activity within the critical root zone, no vehicles or heavy equipment shall be permitted within the critical root zone of any trees, shrubs and other vegetation. (Ord. No. 41,728, ? 1, 2-15-05)

Norfolk City Code  View whole ordinance
Chapter 46.1 WATER SUPPLY ARTICLE V. REGULATIONS APPLICABLE TO CITY-OWNED LAKES AND ADJOINING LAND Sec. 46.1-51. Damage to or removal of trees or shrubs. (a) It shall be unlawful for any person except an authorized employee or agent of the department of utilities to perform any of the following acts without first obtaining a permit from the director: (1) Plant, prune, trim or remove any tree or portion thereof or damage, cut, tap, caulk, paint, attach any rope, wire, nail, sign or any manmade object to any tree or shrub, or dig a tunnel trench or otherwise excavate or place any dirt, rubble or debris within the drip line of any tree or shrub. (2) Place any material of any sort, including, but not limited to, dirt, soil, rubble, concrete, bricks, wood, dredge spoil, asphalt, creosote timbers, logs, garbage, tires, organic wastes and other materials including herbicides and growth regulators that either prevent or hinders the establishment of vegetation or is detrimental to the environment beneath the drip line of any tree or shrub except as authorized by permit. ? When a tree is removed, destroyed or damaged beyond recovery in violation of this section, the director may require that they be replaced on the basis of one tree with a minimum two and one-half (2.5) inches in caliper for every two and one-half (2.5) inches diameter of tree removed, destroyed or damaged. Failure to replace or replant as directed shall constitute a violation of this chapter. (d) Nothing in this section shall be cons1d to exempt any person from the requirements of obtaining any additional permits as required by law. (Ord. No. 41,100, ? 2, 7-15-03) Sec. 46.1-54. Conditions for the declaration of potential shortage of water. Upon a determination by the city manager of the existence of the following conditions, the city manager shall take the following actions: ? (2) Condition 2. When very limited supplies of water are available, the city manager shall order curtailment of less essential usages of water, including, but not limited to, one or more of the following: a. The watering of shrubbery, trees, lawns, grass, plants, or any other vegetation, except indoor plantings, greenhouse or nursery stocks and except watering by commercial nurseries of freshly planted plants upon planting and once a week for five (5) weeks following planting. ? ? (Ord. No. 41,100, ? 2, 7-15-03)

Petersburg City Code  View whole ordinance
Chapter 30 CEMETERIES ARTICLE II. BLANDFORD CEMETERY DIVISION 1. GENERALLY Sec. 30-47. Permit to plant or remove trees or shrubs. No person shall plant any shade tree or large shrub in any lot in the cemetery or remove any tree or large shrub from such a lot, without first obtaining a permit therefor from the director. (Code 1981, ? 8-23) Sec. 30-48. Permit for trimming trees. No person shall trim, prune or remove any branches from any tree in the cemetery, whether on his lot or plot or not, without having first obtained a permit therefor from the director. (Code 1981, ? 8-24) Sec. 30-50. - Removal of nuisances. (a) If anything deemed offensive, improper or injurious or which violates any rules shall be deposited or placed on any lot or plot in the cemetery, the director shall remove it without notice. (b) The director may remove from the cemetery any tree, vine, brush or shrub that is unsightly, dangerous or infected with fungi or other pests. (Code 1981, ? 8-26) Cross reference? Nuisances, ? 50-61 et seq. Secs. 30-51?30-65. - Reserved.

Petersburg City Code  View whole ordinance
Chapter 98 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE I. IN GENERAL Sec. 98-22. Duty of property owners and occupants to cut grass and other vegetation between sidewalk and curbline and roadside ditches. (a) Where grass, weeds or other vegetable matter grows between any sidewalk and the curbline, and roadside ditches, it shall be the duty of the occupant of any land or premises abutting upon such sidewalk and ditches to have such grass, weeds and other vegetable matter cut to prevent such space from becoming unsightly or offensive. If any such land or premises is unoccupied, it shall be the duty of the owner thereof to have such grass, weeds or other vegetable matter cut as provided in this section. (b) The director of public works or designee shall give a 48-hour notice of the provisions of this section to any occupant or owner and shall cause the provisions of this section to be enforced. (c) Any person violating any of the provisions of this section shall be guilty of a class 3 misdemeanor and each day that grass, weeds or other vegetable matter shall remain uncut after notice to cut such grass, weeds or other vegetable matter shall constitute a separate offense. (Code 1981, ? 32-36; Ord. No. 12-66, 10-2-2012; Ord. No. 13-06, 1-22-2013) State Law reference? Authority of city to require removal of weeds from private and public property, Code of Virginia, ? 15.2-1115. Sec. 98-23. Dangerous, diseased or decayed trees near parks, school grounds, streets or sidewalks. No property owner shall maintain or allow to remain, on his property within the city, any dangerous, diseased or decayed tree near enough to any park, park place, school ground, sidewalk or street within the city to endanger the safety of persons making lawful use of such park, park place, school ground, sidewalk or street. Any property owner having any such tree on his premises shall be notified, in writing, by the city manager or the director of parks and grounds to remove such tree within a reasonable time, to be specified in such notice. Upon failure of the property owner to comply with such notice, he shall be summoned before the judge of the general district court and, if found guilty of violating the provisions of this section, shall be ordered to remove such tree, at his cost, within a reasonable time to be specified in the order. If the property owner fails to remove the tree within the time thus specified, he shall be guilty of a class 4 misdemeanor. (Code 1981, ? 21-57)

Portsmouth City Code  View whole ordinance
Chapter 17 HOUSING AND COMMUNITY DEVELOPMENT ARTICLE II. BUILDINGS AND STRUCTURES MAINTENANCE CODE DIVISION 1. GENERALLY Sec. 17-33. Duties of owner and operator enumerated. The following duties and responsibilities are hereby imposed upon every owner and operator of any building covered by the provisions of this article: (1) The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises, and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. The items prohibited hereby shall include, but not be limited to: Brush, weeds, broken glass, stump roots, obnoxious growths, filth, garbage, trash, refuse, debris, dead and dying trees and limbs or other natural growth, loose and overhanging objects and ground surface hazards. ? (Code 1973, ? 6-27; Code 1988, ? 17-111) Sec. 17-133. Closure required; care of structure and premises. ? (e) The premises shall be kept landscaped, and lawns, hedges, bushes and trees shall be kept trimmed. (f) The above duties and responsibilities are hereby imposed upon every owner of any building covered by the provisions of this article. (Code 1973, ? 6-42; Code 1988, ? 17-133)

Portsmouth City Code  View whole ordinance
Chapter 25 PARKS AND RECREATION ARTICLE III. GENERAL PARK REGULATIONS Sec. 25-99. Damaging; removing, etc., flowers, plants, etc. (a) No person shall remove, destroy, cut down, scar, mutilate, injure, take or gather in any manner any tree, flower, fern, shrub, rock, or plant or mineral in any park, recreational area or playground. (b) Any violation of this section shall constitute a class 3 misdemeanor. (Code 1973, ? 24-59; Code 1988, ? 25-102) Cross reference? Penalty for class 3 misdemeanor, ? 1-11; general prohibition against removing or damaging trees or shrubs on city property, ? 36-28.

Portsmouth City Code  View whole ordinance
Chapter 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 II. TREES AND SHRUBS ON CITY PROPERTY Sec. 36-28. Pruning, removing, damaging, etc., generally. No person shall, without a permit from the director, prune, spray, remove, destroy, cut, girdle or deface any tree or shrub located on city property or injure the same by root cutting or exposure or by placing any chemical or substance on the ground around such tree or shrub, and no person shall, without such a permit, injure, misuse or remove any device placed to protect such tree or shrub. (Code 1973, ? 36-2; Code 1988, ? 36-28) Cross reference? Authority of city manager to offer reward in cases involving damage to city property, ? 2-167; removing or damaging trees or shrubs in parks, ? 25-99.

Portsmouth City Code  View whole ordinance
Chapter 36 VEGETATION ARTICLE II. TREES AND SHRUBS ON CITY PROPERTY Sec. 36-31. Impeding entrance of air and water to roots. No person shall, without a permit from the director, place or maintain upon city property any stone, cement or other substance which might impede the free entrance of water and air to the roots of any tree or shrub on such property, without leaving an open space of ground outside the trunk of such tree or shrub. Such open space shall be not less than four square feet in area. (Code 1973, ? 36-5; Code 1988, ? 36-31) Sec. 36-32. Protection from electrical wires. Every person having any wires charged with electricity running through or over a public street or park or other city property shall securely fasten or protect such wires so that they will not come in contact with any tree or shrub or such street or property, and shall so locate and affix such wires as not to cause damage to any such tree or shrub. (Code 1973, ? 36-7; Code 1988, ? 36-32) Sec. 36-33. Protection during building operations. In the erection or repair of a building or structure, the owner thereof shall place such guards around all nearby trees and shrubs on the streets as shall effectually prevent injury to them. (Code 1973, ? 36-6; Code 1988, ? 36-33) Cross reference? Building regulations, ch. 7. Sec. 36-34. Protection from animals. No person shall fasten an animal to a tree or shrub located on city property or cause an animal to stand so that it can damage such tree or shrub. (Code 1973, ? 36-8; Code 1988, ? 36-34) Cross reference? Animals generally, ch. 4.

Portsmouth City Code  View whole ordinance
Chapter 9 CEMETERIES ARTICLE I. IN GENERAL Sec. 9-4. Malicious mischief. (a) If any person shall: ? (2) Destroy, remove, cut, break or injure any tree, shrub or plant within any cemetery or lot of any monumental or memorial association; ? ? (Code 1973, ?? 7-4, 21-119; Code 1988, ? 9-4) Cross reference? Penalty for class 1 misdemeanor, ? 1-11; authority of city manager to offer reward in cases involving damage to city property, ? 2-167. State Law reference? Similar provisions, Code of Virginia, ? 18.2-127.

Richmond City Code  View whole ordinance
Chapter 19 OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE XII. NEIGHBORHOOD SAFETY DISTRICTS Sec. 19-491. Citizen activity. Each plan shall provide for specific actions to be undertaken by residents organized within the neighborhood safety district to further the purposes of this article. Such activities may be undertaken with City support, if appropriate, and may include, but need not be limited to, the following: (1) Agreement by neighborhood groups, businesses, churches, schools, and other organizations that agree to clear debris, remove graffiti, paint walls, repair playground equipment, and plant trees and gardens at a specific street corner or park; (2) Agreement by residents to spend a set portion of a Saturday or weekend working to improve the physical appearance of their yards, homes, and adjacent areas; ? (Code 2004, ? 66-544; Ord. No. 2004-143-143, ? 1(20-244), 5-24-2004)

Richmond City Code  View whole ordinance
Chapter 7 CEMETERIES ARTICLE I. IN GENERAL Sec. 7-18. Trees, shrubs or plants. No tree, shrub or plant shall be planted or pruned in or removed from a cemetery, without the consent of the Director. The Director may plant, prune, remove or transplant any tree, shrub or plant in a cemetery or at any burial space or lot whenever it is necessary to do so in order to: (1) Economically maintain and care for burial spaces or lots; (2) Prevent the impairment of or interference with the use of other burial spaces or lots; or (3) Promote, preserve or improve the appearance and dignity of the cemetery. (Code 1993, ? 7-18; Code 2004, ? 22-18) ARTICLE II. CITY'S CEMETERIES Sec. 7-53. Oakwood, Riverview, Maury and Mt. Olivet cemeteries. (a) This section shall be applicable only in and to burial spaces in Oakwood Cemetery, Riverview Cemetery, Maury Cemetery and Mt. Olivet Cemetery and, in particular, to the area in Oakwood Cemetery designated Sections 80, 81, 82, 83 and F; the area in Riverview Cemetery designated Plot BB, Divisions 24, 25, 26 and 27; the area in Maury Cemetery designated Divisions 56, 69, 70A and 73; and the area in Mt. Olivet Cemetery designated Division 67, such areas being shown and so designated on the plans of such cemeteries on file in the Office of the Director. However, in the eastern one-half of Lot 61 of Section AA of Riverview Cemetery, the rules and regulations applicable to single grave burial spaces in cemeteries with respect to the number, height and size of monuments, tombstones and markers shall apply. (b) In the cemeteries or parts of cemeteries mentioned in Subsection (a) of this section, there shall be compliance with the following: ? (2) No tree, shrub or plant of any kind shall be planted or maintained at or on burial spaces or lots. ? (Code 1993, ? 7-33; Code 2004, ? 22-66)

Richmond City Code  View whole ordinance
Chapter 8 CITY-OWNED REAL ESTATE ARTICLE VIII. USE OF PUBLIC GROUNDS, PARKS, PLAYFIELDS AND PLAYGROUNDS DIVISION 1. GENERALLY Sec. 8-287. Cutting down any tree on City property prohibited. It shall be unlawful for any person to cut down or cause to be cut down any tree on any City-owned real estate or in any City-owned right-of-way without the express written permission of the Director of Public Works. Each tree so cut down or caused to be cut down shall constitute a separate offense under this section. (Code 1993, ? 8-226; Code 2004, ? 26-404; Ord. No. 2009-1-19, ? 1, 1-26-2009)

Roanoke City Code  View whole ordinance
Chapter 24 PUBLIC BUILDINGS AND PROPERTY GENERALLY ARTICLE IV. PARKS Sec. 24-101. Climbing trees or attaching swings thereto; unlawful use, etc., of benches or fences; entering closed areas. It shall be unlawful for any person to climb a tree or attach a swing or hammock to any tree, or remove or change any bench or seat from its place, in any public park, or to lie down upon any bench in any such park, or to go within or upon any enclosures, lawns, slopes or places where there is a sign prohibiting ingress, or to stand or sit upon any guard fences, enclosures or other fences, in any such park. (Code 1956, Tit. VIII, Ch. 3, ? 10)

Roanoke City Code  View whole ordinance
Chapter 33 VEGETATION AND TRASH ARTICLE I. IN GENERAL Sec. 33-1. Planting trees or shrubs on city property. It shall be unlawful and a Class 4 misdemeanor for any person, other than a duly authorized agent of the city, to plant any tree or shrub on any public right-of-way or other city property, except in accord with rules and regulations promulgated by the city manager. Charter reference? Authority of city to plant and maintain shade trees along the streets and on public grounds, ? 2(12).

Roanoke City Code  View whole ordinance
Chapter 33 VEGETATION AND TRASH ARTICLE I. IN GENERAL Sec. 33-2. Cutting, pruning or removing trees or shrubs on city property. (a) It shall be unlawful for any person other than a duly authorized employee or agent of the city, to cut, trim, prune or remove any tree or shrub in the public streets or ways or in any of the public grounds or property of the city, without first obtaining a permit so to do from the city manager. Application for such permit shall be in writing and shall specify, in detail, the work proposed to be done. Each such application shall be accompanied by a fee in such amount as is prescribed by the city council. (b) In addition to the prescribed fee, each application for a permit under this section shall be accompanied by security to the city, in a sum not exceeding one thousand dollars ($1,000.00) to guarantee satisfactory completion of the work proposed to be done, which security may be in the form of a certified check or a personal bond, in writing, of the applicant. Such security shall be deposited with the city clerk. (c) If, in the discretion of the city manager, the work proposed to be done in an application for a permit under this section is necessary or desirable, and the method proposed for performing the work is in accord with approved practices, the city manager shall issue the permit. The permit shall contain the terms and conditions under which the work shall be performed. More than one (1) location may be designated in a single permit, but no permit shall remain in force and effect for more than one (1) year following its issuance. (d) In performing work authorized by a permit issued under this section, no person shall use climbing irons or spurs on any live tree. (e) All work done pursuant to a permit issued under this section shall be subject to the supervision of the city manager and shall be inspected, by personnel designated by the city manager, at times prescribed by the manager. Upon completion, the work shall be inspected to insure compliance with this section and approved practices. Upon such inspection and written approval of such work by the city manager, the city clerk shall forthwith release and deliver to the permittee the security held pending such completion and approval. (f) Any violation of the provisions of this section shall constitute a Class 3 misdemeanor. (Code 1956, Tit. VIII, Ch. 6, ? 3)

Roanoke City Code  View whole ordinance
Chapter 33 VEGETATION AND TRASH ARTICLE I. IN GENERAL Sec. 33-3. Openings in sidewalks to protect trees and shrubs. When any concrete, brick or other permanent sidewalk is laid in any street along which trees or shrubs have been planted, care shall be taken that, when practicable, an opening around such trees or shrubs shall be left in such sidewalk, large enough for the expected growth of the trees or shrubs. (Code 1956, Tit. VIII, Ch. 6, ? 4)d

Roanoke City Code  View whole ordinance
Chapter 33 VEGETATION AND TRASH ARTICLE I. IN GENERAL Sec. 33-4. Cutting or removing flowers, fruits or nuts from plants or trees on city property. (a) It shall be unlawful and a Class 4 misdemeanor for any person to cut, break off, pull or otherwise remove any flowers, fruits or nuts from any bush, shrub or tree, whether wild or cultivated, growing in or on any public street, way, park or other public property in the city. (b) This section shall not apply to persons harvesting crab apples from trees in public parks, on dates approved by the city manager and under the direct supervision of city personnel designated by the city manager. (Code 1956, Tit. VIII, Ch. 3, ? 5; Ch. 6, ? 3)

Roanoke City Code  View whole ordinance
Chapter 33 VEGETATION AND TRASH ARTICLE I. IN GENERAL Sec. 33-5. Authority of city to spray and treat diseased trees and shrubs. For the purpose of preventing the spread of scale, insects, worms or other diseases to which trees and shrubs are subject, the city manager shall, in his discretion, have the power and authority to spray and treat any infected tree or shrub within the city, whether on public or private property. Before spraying or treating any trees on private property, the city manager shall give reasonable notice thereof to the owner. Any person interfering with, or in any way attempting to prevent city personnel from inspecting, spraying or treating trees and shrubs in the city, whether on either public or private property, shall be guilty of a Class 4 misdemeanor. (Code 1956, Tit. VIII, Ch. 6, ? 2)

Salem City Code  View whole ordinance
Chapter 95 PUBLIC TREES Sec. 95-4. Abuse or mutilation of public trees. Unless specifically authorized by the city horticulturist, no person shall intentionally damage, cut, carve, transplant or remove any public tree; nor attach any rope, wire, nails, staples, advertising posters, or other contrivance to any public tree; nor allow any gas, liquid, or solid substance which is harmful to such trees to come in contact with them; nor set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor and, in addition thereto, shall be responsible for the cost of repair or replacement of any public tree so damaged. It shall be unlawful as a normal practice to top any public tree. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wire or other obstruction where other pruning practices are impractical may be exempted from this ordinance at the determination of the city horticulturist. (Ord. of 1-10-00) Sec. 95-5. Protection of trees. All public trees near any excavation or construction of any building structure, or street work, shall be guarded with a fence, frame, or box not less than four feet high and eight feet square or at a distance in feet from the tree equal to the diameter of the trunk in inches (diameter measured at breast height), whichever is greater, and all building material, dirt, or other debris be kept outside the barrier. No person shall excavate any ditches, tunnels, or trenches within a distance of ten feet from a public tree without first obtaining written approval from the beautification division. (Ord. of 1-10-00) Sec. 95-6. Placing materials on public property. No person shall deposit, place, store, or maintain upon any public place of the city, any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots of any tree growing thereon, except by written permit of the beautification division. In the event of an emergency or in order to repair existing utilities, these written permits may be waived. (Ord. No. 1-10-00)

Salem City Code  View whole ordinance
Chapter 95 PUBLIC TREES Sec. 95-7. Removal, planting, replanting, and replacement. Whenever practical, the city shall replace a tree or trees in a treelawn when such trees are removed for street or highway paving. No person, other than the city, shall remove a tree from the treelawn for the purpose of construction, or for any other reason, without first filing an application and procuring a permit from the city horticulturist, and without replacing the removed tree or trees to the satisfaction of the horticulturist. The person or property owner shall bear the cost of removal and replacement of all trees removed. No person shall plant a tree on city property or right of way contrary to the master street tree plan. Any such planting may be removed by the city at the cost of such person. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor. (Ord. of 1-10-00)

Staunton City Code  View whole ordinance
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES Chapter 12.25 TREES AND SHRUBBERY ON PUBLIC PROPERTY 12.25.010 Purpose. It is recognized that trees add a great deal to property values by providing shade, erosion control, and general beauty to the city, making the latter more appealing to visitors and more pleasant for the citizenry. It is further recognized that landscaping on public property also adds to the general beauty and appeal of the city, thereby enhancing both tourism and the quality of life for the citizenry. It is, therefore, the purpose of this chapter to set forth a policy which encourages the planting, nurturing, and proper maintenance of all trees on public property. Experience has shown that trees, under some circumstances, can be hazardous to public safety; hence, this chapter also provides for tree pruning or removal when conditions warrant. (Code 1985, ? 26-64; Ord. 6-25-87; Ord. 2-10-99).

Staunton City Code  View whole ordinance
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES Chapter 12.25 TREES AND SHRUBBERY ON PUBLIC PROPERTY 12.25.060 Public tree care. (1) The city, in consonance with the comprehensive landscape master plan, shall plant, prune, maintain and relocate trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public grounds, as may be appropriate to preserve or enhance the symmetry and beauty of such public grounds. (2) Before the removal of any street tree or park tree, or any part thereof, by the city, or before the city issues an order directing said removal, the city shall advise the landscaping advisory board in writing of its intention and the reasons therefor. The landscaping advisory board shall have 30 days after receipt of such notice to make its recommendation to the city with respect thereto, suggesting, if possible, any alternative to the proposed removal. Such alternatives are advisory only, the decision to remove hereunder being at the discretion of the city, provided the provisions of subsection (3) of this section are met. (3) The city shall not remove a street tree of significant size, or permit removal by others, unless notice of the intended removal or destruction is given. The notice shall consist of a durable and legible statement of the city?s intent, affixed to and easily visible on the tree for not less than five days immediately preceding the contemplated removal or destruction; and the notice shall state the reason for the intended removal or destruction of the tree and the person or persons to whom inquiries or protests thereon may be directed. (4) In the event of an emergency situation, such as a fallen tree or some other condition or occurrence requiring an immediate removal or destruction of a tree along one of these public ways, the city may remove or destroy the tree without complying with the foregoing provisions of this section. ?Emergency situation? shall include, but is not limited to, trees posing an immediate danger to public safety and trees causing stoppage of utility services such as water lines, sewer lines, electric or power lines, or other public or private improvements; all as determined by the director of public works for the city. (5) When a tree is removed it shall be city policy to plant a replacement somewhere in the general area to include planting on private property, with the consent of the owner. (6) This section does not prohibit the planting of ?street trees? by home owners on public property in front of their lot, or by other citizens, providing that the selection and location of said trees is in accordance with the comprehensive landscape master plan and approval obtained from the landscaping advisory board, the city horticulturist, and the director of public works for the city. (Code 1985, ? 26-69; Ord. 2-10-99).

Staunton City Code  View whole ordinance
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES Chapter 12.25 TREES AND SHRUBBERY ON PUBLIC PROPERTY 12.25.080 Violations. (1) Except as otherwise specifically provided, any person who shall violate any provision of this chapter or shall fail to comply with any of the requirements thereof, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000. (2) The imposition of the penalty described in subsection (1) of this section shall not preclude the city attorney from instituting appropriate action to prevent unlawful violations or to restrain, correct or abate a violation. (Code 1985, ? 26-71; Ord. 6-25-87).

Suffolk City Code  View whole ordinance
Chapter 22 CEMETERIES ARTICLE III. REGULATIONS GENERALLY Sec. 22-86. Injuring or defacing enclosures, trees or plants; shooting firearms. Any person who shall injure, deface or remove any part of any cemetery enclosure or any enclosure of a burial lot or grave or any monument, tombstone, slab, urn or other appurtenance, or any inscription or device thereon, shall be guilty of a class 6 felony. Anyone who shall destroy or injure any tree, shrub, vine, plant or flower in a cemetery shall be guilty of a class 1 misdemeanor. Anyone who shall hunt with a gun, dog or otherwise in any cemetery, or shall shoot any gun, pistol or other firearms in any cemetery, for each offense shall be fined not more than $500.00; however, this provision shall not apply to the firing of the military salute over the grave of any soldier, sailor or marine, nor to the firing of the salute on Memorial Day. (Code 1976, ? 6-8) Sec. 22-93. Stringing wires. No wires shall be strung within the boundaries of any cemetery or passed through any trees in a cemetery, for any purpose, without the consent of the superintendent of cemeteries. Any violation of this section shall be punished as provided in section 1-14. (Code 1976, ? 6-16) Sec. 22-140. Private mausoleums. ... (d) No such mausoleum shall be constructed within 1? feet of any adjoining lot line or driveway, or be so placed as to be likely to injure any trees on adjoining lots or driveways. ? (Code 1976, ?? 6-30, 6-46)

Suffolk City Code  View whole ordinance
Chapter 74 STREETS AND SIDEWALKS ARTICLE IV. OTHER PUBLIC PROPERTY DIVISION 2. TREES, SHRUBS AND OTHER VEGETATION Sec. 74-203. Removal, pruning and cutting back. (a) No tree, shrub, plant or other horticultural display planted on any city street, alley or other public property shall be removed, pruned or cut back without permission of the city beautification and litter control commission. (b) If any public improvement project initiated by the city requires the removal of any tree, shrub, plant or other horticultural display under the jurisdiction of the city beautification and litter control commission, the city manager shall so inform the commission. No approval for such removal due to governmental action is required. (Code 1976, ? 24-27)

Suffolk City Code  View whole ordinance
Chapter 74 STREETS AND SIDEWALKS ARTICLE IV. OTHER PUBLIC PROPERTY DIVISION 2. TREES, SHRUBS AND OTHER VEGETATION Sec. 74-204. Planting. (a) Any person desiring to plant a tree, shrub, plant or other type of horticultural display on any city street, alley or other public property shall first apply to and secure the approval of the city beautification and litter control commission. (b) In considering any such application, the commission shall be guided by the compatibility of the requested planting with existing planting in the surrounding area, the adequacy of the planting area, the effect, if any, the planting will have on highway safety, the desirable spacing for the type planting requested and the appropriateness of the proposed species for the intended use. (Code 1976, ? 24-28)

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)

Suffolk Development Ordinance  View whole ordinance
Unified Development Ordinance ARTICLE 6 DESIGN AND IMPROVEMENT STANDARDS SEC. 31-607. PARKS AND OPEN SPACE. ? (e) PARK DEDICATION/RESERVATION REQUIREMENTS. ? (8) PRESERVATION OF OPEN SPACE. Open-space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open-space areas may be owned, preserved, and maintained as determined by the Decisionmaker by any of the following mechanisms or combinations thereof: A. In the design and during subsequent construction, the applicant shall protect and preserve the following existing features: large trees (as set forth in Appendix C of this Ordinance) native vegetation, watercourses and other water areas, historic sites, scenic points and other features within the areas designated for passive open space. Not more than fifty percent (50%) of such features may be removed in areas designated for active open space. All lands located in the Chesapeake Bay Preservation area shall be subject to natural features protection or preservation standards contained in Section 31-415 of this Ordinance in addition to those contained in this Section. This provision shall not affect the validity of any local Ordinance which may establish reasonable rules and regulations and schedules for the planting of new trees in and along areas dedicated for public use, where trees and other natural growth have been destroyed in the construction process. ? (9) CERTAIN ACTIVITY FORBIDDEN. Following dedication of lands as provided herein, no person shall remove trees, vegetation or topsoil therefrom, nor shall the lands be used for the purpose of stockpiling of earth or construction material, or disposal of construction debris, without the written consent of the Department of Parks and Recreation. ?

Virginia Beach City Code  View whole ordinance
APPENDIX E TREE PLANTING, PRESERVATION AND REPLACEMENT Sec. 1.4. Application. The terms and provisions of this ordinance [appendix] shall apply to property as follows: A. Residential. 1. All residential lots shall have trees planted, or canopy cover provided, based upon the following minimum requirements by lot size: a. 1?4,999 square feet: (1) One small tree per attached townhouse interior lot. (2) Two (2) small, or medium, trees for attached townhouse end lots. (3) Two (2) small or medium trees for all other lots. B. 5,000?7,499 square feet: 300 square-foot canopy cover. C. 7,500?9,999 square feet: 400 square-foot canopy cover. D. 10,000?14,999 square feet: 600 square-foot canopy cover. E. 15,000?19,999 square feet: 750 square-foot canopy cover. F. 20,000?29,999 square feet: 900 square-foot canopy cover. G. 30,000?65,339 square feet: 1,000 square-foot canopy cover. H. 65,340?87,119 square feet: 1500 square-foot canopy cover. i. 87,200 square feet and greater: 2,000 square-foot canopy cover. 2. Trees shall be selected from the specifications and standards and shall be a minimum of five (5) to six (6) feet in height for small trees at the time of planting and one and one-half (1?) inches to two (2) inches caliper for medium and large trees at the time of planting. Planting shall be accomplished in accordance with the specifications and standards. 3. Existing or relocated trees on individual lots may be used to satisfy section 1.4.A., provided that: a. The trees meet or exceed the quantities required for lots one to four thousand nine hundred ninety-nine (4,999) square feet or canopy cover as listed in section 1.4.A.1.; and b. The trees have been protected in accordance with section 1.4.A.5. during construction and are physically and structurally in good condition per the city arborist or his designee; c. Trees that have canopy extending over adjoining lots will receive credit for only that portion of canopy covering the lot from which the tree is growing. Credit for canopy cover will be given when tree on adjoining lots have canopy extending over an individual lot, but only that portion extending will be credited towards the required canopy cover for the individual lot. Canopy cover for street trees shall be credited toward residential lots in the amount of area on the individual lot measured from the right-of-way line. This credit will be considered only if the outline of the tree canopy, square footage of the tree canopy and type of tree are shown on the site plan when presented to obtain a building permit. 4. Nonacceptable trees: Trees selected for residential use shall not be of a species, variety or cultivar from the nonacceptable tree list in the specifications and standards. 5. Tree protection during construction: Existing trees that are to be used to meet the requirements of section 1.4 shall be protected in accordance with the following: Before construction activity begins, protective barriers must be securely in place. Minimum undisturbed areas shall be determined by multiplying the tree's diameter breast height (DBH), measured at four and one-half (4?) feet, by one foot. This is the minimum diameter that must be left undisturbed around each tree. This area is approximately the area of the outermost branches (drip line). All construction activities shall be prohibited within the minimum undisturbed areas provided for any tree(s) for which credit is given toward satisfying the residential canopy requirements. All temporary construction activities shall also be prohibited with the minimum undisturbed areas, including all excavating, filling, trenching, construction storage and dumping, and parking of construction equipment/vehicles or employee vehicles. 6. Inspection and bonding: Each lot shall be inspected and approved prior to the issuance of the certificate of occupancy or final inspection approval. All new trees must be identified with species identification tags and must remain tagged until after the inspection is complete. The inspection shall be performed by the permits and inspections division of the department of planning. Where additional residential lot trees are required, no certificate of occupancy or final inspection approval shall be issued until the required trees have been planted in accordance with City of Virginia Beach typical planting standards. When the occupancy of a structure is desired prior to the completion of the residential lot tree planting requirement, a temporary certificate of occupancy may be issued if the owner or developer provides to the permits and inspections division of the department of planning a disclosure statement accepting responsibility for the installation of the required trees. B. Street tree planting: 1. Trees shall be planted within all public rights-of-way in conjunction with new residential development except resubdivisions, undeveloped rights-of-way and townhouse developments where the street design does not provide greenspace for street trees. Trees shall be planted in accordance with a master street tree plan, section 1.4.B.4, that is to be included with the subdivision construction plans. The master street tree plan is to be prepared in accordance with section 1.4.B.4. and approved by the planning director. 2. All street trees shall be a minimum of one and three-fourths (1?) to two (2) inch caliper at time of planting for standard trees and five (5) feet to six (6) feet in height for multistem trees at time of planting. Trees shall be guaranteed to be in good physical condition as determined by the city arborist or his designee, for a period of one year by the developer. The one-year period shall commence from the time of final inspection. 3. Tree selection: Trees shall be selected from the specifications and standards. Tree selection shall be small or medium size and spaced according to the recommended list of street trees in the specifications and standards when distance between sidewalk and curb is four (4) feet. Tree selection shall be medium or large size and spaced according to the recommended list of street trees in the specifications and standards where the distances between sidewalk and curb is greater than four (4) feet or if a sidewalk is not required. 4. Master street tree plan: A master street tree plan shall be prepared and contain the following information: a. A landscape plan drawn to the same scale as the subdivision plan showing the location and spacing of all trees to be planted. B. Botanical names, common names, sizes and quantities. C. Planting details. D. Location of all curb lines, sidewalks and major utilities. Utilities conflicting with placement of trees shall require an adjustment of tree spacing. When adjustment is necessary, spacing shall not exceed the maximum allowable spacing. No trees shall be placed within ten (10) feet of a streetlight pole nor encroach within the visibility triangle as defined by section 201(f) of the city zoning ordinance. Generally, a minimum of four (4) feet of greenspace on either side of the sidewalk shall be required. E. Trees on residential lots shall not be used to meet the requirements of street tree planting, except when a lot or group of lots are heavily wooded and the planting of street trees would physically conflict with the canopy of the residential trees. The street tree requirements may be deleted in these areas only. The planning director or his designee shall determine if such a conflict exists. 5. Bonding: Prior to the recordation of any final subdivision plat, the developer shall provide a performance bond with surety, cash escrow, irrevocable letter of credit, any combination thereof, or such other legal arrangement acceptable to the city attorney to cover the costs of such trees and their planting. In the event that the developer fails to plant such trees as required by this ordinance, the city may use the performance bond to cover the cost of purchase and planting of all required street trees. In such event, the developer shall reimburse the city for any excess cost should the cost of purchase and planting of the trees exceed the amount of security provided. A bond shall be required to cover the guarantee period. C. Exemptions: 1. The requirements of section 1.4.B. of this appendix shall not apply to resubdivisions or to unimproved rights-of-way. 2. The requirements of section 1.4.B. shall not apply to townhouse developments where the street design does not provide adequate greenspace for street trees. D. Compatibility with best management practices (BMPS). In no case shall a subdivision be approved wherein the design calls for the planting of trees over any underground water retention areas. (Ord. No. 1965, 6-11-90; Ord. No. 2153, 6-23-92; Ord. No. 2330, 5-23-95)

Virginia Beach City Code  View whole ordinance
Chapter 23 OFFENSES ARTICLE I. MISCELLANOUS OFFENSES Sec. 23-39. Cutting, etc., of trees, shrubs or other vegetation upon city property. (a) It shall be unlawful and a Class 3 misdemeanor for any person to cut, trim, damage, deface or remove any tree, shrub or other vegetation upon city property, or to cause, procure or direct the cutting, trimming, damaging, defacing or removal of any such tree, shrub or other vegetation, without the written authorization of the landscape services administrator or the city arborist. If any person shall commit any of the acts prohibited herein upon more than one tree or shrub, a separate violation of this section shall be deemed to have occurred with respect to each such tree or shrub. (b) The provisions of this section shall not apply to any cutting or trimming of vegetation required by section 23-50 of this Code or to routine trimming of shrubbery upon city property, and shall not apply to city personnel engaged in the performance of their duties. (Ord. No. 1837, 3-20-89; Ord. No. 2936, 4-4-06; Ord. No. 3122, 3-23-10) Editor's note? Ord. No. 2936, adopted April 4, 2006, repealed former ? 23-39 of the Code in its entirety and renumbered former ? 23-39.1 as ? 23-39. Former ? 23-39 pertained to damaging or defacing property in or on streets, lanes or public squares and derived from the 1965 Code, ? 23-28. Sec. 23-50.1. Removal of certain trees. (a) Upon determination by the code enforcement administrator or the city arborist, or the officers or employees of their respective departments, that there exists upon any land or premises within the city any tree which, by reason of disease, death, injury, infirmity or other condition, presents a danger to property or to the health and safety of persons or other trees or vegetation, notice shall be served upon the owner of such land or premises or his or her agent or upon the occupant thereof to cause such tree to be removed within a reasonable period of time, not less than seven (7) days nor more than thirty (30) days, specified in such notice. If the danger presented by such tree may be eliminated by the removal of a portion of such tree, the notice shall specify the portion or portions of the tree to be so removed. For purposes of this section, the term "tree" shall be cons1d to include the plural of the term. (b) Service of the notice provided for herein shall be by personal service or by certified or registered mail. In the event the land or premises are vacant and the owner thereof or his or her agent cannot be found by the exercise of due diligence, such notice shall be given by certified or registered mail to the last-known residence or post office box address of the owner and, in addition thereto, shall be posted in a conspicuous place upon the premises. Service of such notice upon one owner or occupant in any manner provided for herein shall be sufficient in the event such land or premises is owned or occupied jointly. (c) Failure to comply with the terms of a notice issued and served as provided in this section within the time prescribed by such notice shall be punishable as a Class 4 misdemeanor. In addition to any fine imposed hereunder, the code enforcement administrator may, in the name of the city, institute legal action to enjoin the continuing violation of this section and may remove or contract for the removal of any such tree or portion thereof, in which event the cost of such removal, including an administrative fee in the amount of one hundred fifty dollars ($150.00), shall be charged to the person or persons named in the notice and collected by action at law or as delinquent real estate taxes are collected, or both. The remedies provided for herein shall be cumulative in nature. (d) The provisions of this section shall not amply to any parcel of land greater than one acre in size which is located in an agricultural zoning district and used principally for agricultural or horticultural purposes. (Ord. No. 1675, 4-13-87; Ord. No. 1919, 10-2-89; Ord. No. 1931, 10-23-89; Ord. No. 2130, 5-12-92; Ord. No 2469, 1-13-98; Ord. No. 3015, 5-13-08)

Waynesboro City Code  View whole ordinance
Chapter 26 CEMETERIES Sec. 26-16. Injury, destruction, etc., of markers, plants, decorations, etc. Any person who willfully or maliciously commits any of the following acts is guilty of a class 1 misdemeanor: (1) Destroys, removes, cuts, breaks, or injures any tree, shrub or plant within the cemetery; ? (4) Puts or places rubbish, litter or trash on any monument, tombstone, curbing, tree, shrub, plat, flower or other property in the city's cemeteries. This section shall not apply to any work which is done by the authorities of the cemetery belonging to it and under its management or control and which does not injure or result in the removal of a tomb, monument, gravestone, grave marker, or vault. (Code 1964, ? 20-16; Ord. No. 2008-49, ? 5, 6-9-08) Editor's note? Ord. No. 2008-49, ? 5, adopted June 9, 2008, changed the title of ? 26-16 from defacing monuments, tombstones, etc. to injury, destruction, etc., of markers, plants, decorations, etc.

Waynesboro City Code  View whole ordinance
Chapter 90 VEGETATION ARTICLE II. PUBLIC TREES Sec. 90-32. Planting in rights-of-way. (a) It shall be unlawful for any person to plant or cultivate any trees within a public right-of-way without first obtaining a permit therefor from the city horticulturist. (b) The application for a permit to plant a tree under the provisions of this article shall state the number of trees to be set out, the location, species, cultivar or variety of each tree, and such other information as the city horticulturist shall find reasonably necessary to a fair determination of whether a permit should be issued. (c) The city horticulturist shall issue the permit required by this article if, in his judgment, the proposed work is desirable and the method of workmanship meets the standards of the city's tree planting specifications. (d) The right is reserved to the city at any time to trim, prune or remove such tree, shrub, plant or other vegetation without notice to any abutting property owner. (e) Whenever any tree shall be planted or set out in conflict with the provisions of this chapter, it shall be lawful for the city horticulturist to remove or cause removal of said trees; and the cost thereof shall be recoverable from the person(s) responsible for such planting. (Code 1964, ? 29-7; Ord. No. 2007-41, 5-29-07)

Waynesboro City Code  View whole ordinance
Chapter 90 VEGETATION ARTICLE II. PUBLIC TREES Sec. 90-33. Pruning; removal; replanting; replacement. (a) No person shall prune, remove, disturb, and/or otherwise alter a tree from the treelawn for any reason without first filing an application and procuring a permit from the city horticulturist. (b) The city horticulturist shall not remove or permit removal of all or any part of any tree from any street, alley, right of way or easement, or public place owned by the city, unless he has determined that such tree is: (1) Significantly interfering with new construction; (2) Irreversibly infected with disease; (3) Irreversibly infected with injurious insects or pests; (4) Is endangering or is likely to endanger streets, highways, sidewalks, sewers, utility installations, property, vehicles or the traveling public; and/or (5) Is dead. ? Wherever it is deemed necessary by the city to remove a tree from a treelawn in connection with construction, such as the paving of a street, or the paving or widening of the portion of a street or highway used for vehicular traffic, the city shall replant such trees or replace them whenever possible. (d) If it is determined that a tree should be removed from a treelawn due to construction requested by an individual or any other entity, other than the city, the person or property owner shall bear the cost of removal and replacement of all trees removed; the work shall be completed to the satisfaction of the city horticulturist and abide by the city's tree removal and planting specifications. ? All stumps of trees removed from public property shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (Code 1964, ? 29-8; Ord. No. 2007-41, 5-29-07)

Waynesboro City Code  View whole ordinance
Chapter 90 VEGETATION ARTICLE II. PUBLIC TREES Sec. 90-29. Abuse or mutilation of public trees. (a) Unless specifically authorized in writing by the city horticulturist, no person shall damage, cut, carve, transplant, remove and/or otherwise alter any public tree; attach any rope, wire, nails, advertising posters or other contrivance to any public tree; allow any gas, liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor and, in addition thereto, shall be responsible for the cost of repair or replacement of any public tree so damaged. (b) It shall be unlawful to top any street tree, park tree and/or any other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstruction where other pruning practices are impractical may be exempted from this subsection at the determination of the city horticulturist. (Code 1964, ? 29-4; Ord. No. 2007-41, 5-29-07) Sec. 90-30. Protection of trees. (a) All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work shall be guarded with a good substantial fence, frame or box not less than four feet high and eight feet square or at a distance in feet from the tree equal to the diameter of the trunk in inches dbh (diameter at breast height), whichever is greater. Said guarding shall be performed by the individual(s) conducting the excavation or construction, and done at the sole cost of the individual excavating or constructing. Under no circumstance shall the city be required to perform the guarding unless the city is the party conducting the excavation or construction alluded to herein. All building material, dirt or other debris shall be kept outside the barrier and adequacy of the guarding procedures and devices implemented according to this section will be determined under the sole discretion of the city horticulturist. (b) No person shall excavate any ditches, tunnels, trenches or lay any drive within a radius of ten feet from any public tree without first obtaining written approval from the city horticulturist's office. ? The public works department of the city shall notify the city horticulturist in advance of any applications for new curb, gutter, sidewalks, and/or driveway installations, and/or other improvements which might require the removal of and/or cause injury to any street tree, and/or its root system, and/or interfere with the fulfillment of the street tree plan, and/or require the planting or cultivation of trees on public property. (Code 1964, ? 29-5; Ord. No. 2007-41, 5-29-07) Sec. 90-31. Placing materials on public property. No person shall deposit, place, store or maintain upon any public place of the city any stone, brick, sand, concrete or other materials which may impede the free passage of water, air and fertilizer to the root of any tree growing thereon except by written permit of the department of parks and recreation. (Code 1964, ? 29-6; Ord. No. 2007-41, 5-29-07)

Winchester City Code  View whole ordinance
CAHPTER 18 PARKS AND RECREATION SECTION 18-9. PARK PROPERTY-PROHIBITED ACTS. At all times while upon property owned and/or operated by the Winchester Department of Parks and Recreation, patrons shall adhere to the Rules and Regulations promulgated by the Parks and Recreation Department and the Parks and Recreation Advisory Board. Failure to adhere to these Rules and Regulations may result in immediate eviction from park property. In addition to any penalty imposed by applicable law, any patron who fails to cease and desist a prohibited act or leave park property upon notification by a City employee or law enforcement officer, shall be subject to a criminal charge for trespass. Such prohibited acts shall include the following: Prohibited acts--Generally. The following shall be the general prohibited acts: ? 3. Removal of natural resources. No person in a park shall dig or remove any sand, soil, rock, stones, water, trees, shrubs, fruit, flowers or plants, downed timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency. ? Prohibited acts--Trees, shrubbery, lawns. The following shall be the prohibited acts for trees, shrubbery, lawns, etc. on park property: 1. Injury and removal. No person in a park shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant; nor attach any rope, nail, wire, or other contrivance to any tree or plant; or dig in otherwise distributed grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. 2. Climbing trees, etc. No person in a park shall climb any tree or walk, stand, sit or attach any rope or cable or other contrivance upon monuments, vases, fountains, railings, fences, buildings, or upon any other property not designated or customarily used for such purposes. ? (Ord. No. 2011-16, 7-12-11)

Winchester City Code  View whole ordinance
CHAPTER 30 VEGETATION ARTICLE II. TREES ON PUBLIC PROPERTY DIVISION 1. GENERALLY SECTION 30-16. VIOLATIONS OF ARTICLE. Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor. In addition, wherever the words ?City Manager? shall appear in this Article, they shall be deemed to include the City Manager?s designee. (Ord. No. 020-2001, 5-8-2001) SECTION 30-17. ISSUANCE AND EXPIRATION OF PERMITS REQUIRED BY ARTICLE; APPEALS. (a) All permits required by this article shall be issued by the City Arborist. Any and all such permits shall expire at such time as may be designated therein. (b) The City Arborist shall advise the applicant and the City Manager, or his designee, in writing of his decision to issue or deny any permit required by the Article. Any original permit applicant aggrieved by the decision of the City Arborist to issue or deny any such permit shall have the right to appeal the decision to a panel comprised of the City Manager and two members of the Environmental Sustainability Taskforce, WINCHESTER CODE as described in Section 30-32, by advising the City Manager?s Office in writing within ten (10) days of the date of the City Arborist?s decision. (Ord. No. 020-2001, 5-8-2001; Ord. No. 2009-30, 10-13-09; Ord. No. 2013-34, 11- 12-13) SECTION 30-18. PERMIT TO PLANT. It shall be unlawful for any person to plant any tree in any street, park, public place or public grounds of the City, without first having obtained a written permit therefor from the City Arborist, who may, at his option, consult the Environmental Sustainability Taskforce, setting forth the variety thereof and the location where the same may be planted, and without in all respects complying with the conditions and terms of such permit. (Code 1959, ?19-9; Ord. No. 020-2001, 5-8-2001; Ord. No. 2009-30, 10-13-09; Ord. No. 2013-34, 11-12-13) SECTION 30-19. PERMIT FOR ATTACHMENTS, SPRAY, TRIM, ETC. It shall be unlawful for any person, without first having obtained a written permit from the City Arborist, who may, at his option, consult the Environmental Sustainability Taskforce, to attach any wire, insulator, rope, sign, poster, handbill or other thing or substance on, spray or otherwise treat or trim any living tree or any part thereof any tree growing in any street, park or public place or grounds or on any guard or protection device of such tree. (Code 1959, ??19-1, 19-12; Ord No. 020-2001, 5-8-2001; Ord. No. 2009-30, 10-13-09; Ord. No. 2013-34, 11-12-13)

Winchester City Code  View whole ordinance
CHAPTER 30 VEGETATION ARTICLE II. TREES ON PUBLIC PROPERTY DIVISION 1. GENERALLY SECTION 30-21. PERMIT FOR CUTTING AND REMOVAL. (a) No cutting, meaning removal and/or destruction, of any live tree in any street, park, public place or grounds in connection with the work of any City department or agency of the City, other than the City Manager, or of any public service corporation or other person having a right to use the street, park, public place or grounds shall be done except upon issuance of a permit and in such manner as directed by the City Arborist, who may, at his option, consult the Environmental Sustainability Taskforce before directing such work to be performed or issuing any permit for same. (b) Cutting, removal, or destruction of any live tree in any street, park, or public place or grounds that is done in connection with the work of any City Department or agency of the City as authorized by the City Manager or of any public service corporation or other person having lawful a right delegated by Common Council to use the street, park, public place or grounds and cut or remove trees in connection with said use, shall be exempted from the permit requirements of Section 30-21(a). (Code 1959, ?19-11; Ord. No. 020-2001, 5-8-2001; Ord. No. 2009-30, 10-13-09; Ord. No. 2013-34, 11-12-13) SECTION 30-22. REMOVING OR DAMAGING PROTECTIVE DEVICES. It shall be unlawful for any person to remove, injure or misuse any guard or device placed or intended to protect any tree growing in any street, park or public place or grounds. (Code 1959, ?19-2) SECTION 30-23. PROTECTION DURING BUILDING OPERATIONS. In the erection, alteration or repair of any building or structure, the owner thereof shall place, or cause to be placed, in accordance with the directions of the City Arborist, who may, at his option, consult the Environmental Sustainability Taskforce, such guards around nearby trees in the streets or public places or grounds as shall effectively prevent injury to such trees. (Code 1959, ?19-14; Ord. No. 020-2001, 5-8-2001; Ord. No. 2009-30, 10-13-09; Ord. No. 2013-34, 11-12-13) SECTION 30-24. OBSTRUCTING FLOW OF WATER AND AIR TO ROOTS. It shall be unlawful for any person to place or maintain in a street or public place or grounds, any stone, cement or other substance which shall impede the free entrance of water and air to the roots of any tree. (Code 1959, ?19-3) SECTION 30-25. DESTRUCTION OF TREES, SHRUBS, ETC. It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found, growing or being upon any land reserved, set aside or maintained by the City as a public park, or as a refuge or sanctuary for wild animals, birds or fish without having previously obtained the permission in writing of such other or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same be done under the personal direction, such superintendent or custodian of such park, refuge or sanctuary. Any person violating this section shall be guilty of a Class 3 misdemeanor; provided, however, that the approval of the superintendent or custodian of such park or sanctuary afterwards given in writing or in open court shall be a bar to further prosecution or suit. (Code 1950, ?18.1-178; 1960, c. 358; 1975, cc. 14, 15; 1976, c. 757.) State Law Reference--Similar provision, Code of Virginia, ?18.2-140.

Woodstock Town Code  View whole ordinance
Chapter 26 ENVIRONMENT ARTICLE VI. URBAN FORESTRY Sec. 26-100. Purpose and intent of this chapter. (a) It is the purpose of this chapter to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance, preservation and removal of trees and shrubs, on public property within the Town of Woodstock. (b) The purpose of this chapter is to further promote the following: (1) The planting, maintenance, restoration, and survival of desirable trees and shrubs with the town. (2) The protection of community residents and visitors from personal injury and property damage, and the protection of the town from property damage, caused or threatened by the improper planting, maintenance, or removal of trees and shrubs, located on public property. (3) The reduction of erosion and sedimentation. (4) The reduction of stormwater run-off and its associated costs. (5) The protection and enhancement of property values and aesthetic qualities in the town. (6) The protection and enhancement of the overall environment of the town. (7) The enhancement of the quality of life of the town and its citizens. (8) To facilitate the long-range planning of tree care in the town. (Ord. of 9-7-2004)

Woodstock Town Code  View whole ordinance
Chapter 26 ENVIRONMENT ARTICLE VI. URBAN FORESTRY Sec. 26-104. Planting, maintenance and protection of public trees. Modified (a) Planting. (1) Any tree or shrub planted on public property shall be of an approved species as outlines in "The Preferred Species List" adopted by this commission. (2) Any tree or shrub not on the preferred species list shall not be planted on public property without the specific approval of the urban forestry advisory commission. (3) Any tree or shrub shall be properly planted according to the standards and guidelines adopted by this commission. (b) Maintenance. (1) All outside contractors hires for pruning and/or maintenance of town owned trees shall meet the following requirements: a. Have a current town business license. B. Provide proof of liability and Workmen's Compensation Insurance in amount established by the town council. C. Have at least one Virginia State certified arborist on staff to generally oversee all work. (2) All town-owned trees shall be maintained in accordance with the American National Standards Institute's ANSI A300 Standard Practices (or most recent update). No town-owned tree shall be "topped" nor shall any climbing spurs be used when working on live trees. (3) All tree pruning around utility lines shall be performed in accordance with the guidelines in "Pruning Trees Near Electric Utility Lines" by Dr. Alex L. Shigo. (4) No private citizen shall cut, prune, or elevate any town-owned tree in conflict with guidelines adopted by the urban forestry advisory commission, without prior approval of the town manager. (5) The town should maintain elevation of town-owned trees to a height of 13 feet over roadways and a height of eight feet over public sidewalks where possible. (6) Town maintenance of trees and vegetation in public rights-of-way. A. The town is to cut and/or remove weeds, brush, plants, grass or other vegetation growing in the public alleys, unimproved streets and other unimproved rights-of-way. Any adjacent property owner, tenant or citizen, at their own expense, may cut and/or remove any weeds, brush, plants, grass or other vegetation, except trees in excess of three inches caliber measured 12 inches from the ground, growing in the public alleys, unimproved streets and other unimproved rights-of-way and in the unimproved portion of the public right-of-way lying between any public property and private property lines. B. If any tree growing in a public alley, unimproved street or other unimproved right-of-way is dead or growing in such a manner that the branches, limbs or other parts of the tree extend or protrude onto private property in a manner that constitutes a danger to citizens or property, the town will cut and remove or prune such tree once it has been notified of the condition of the tree. It shall be the responsibility of the adjoining property owner or tenant to notify the town when a tree is growing in such a manner that it needs to be cut and removed or pruned. ? Protection. (1) Abuse, mutilation, or damage to public trees. Unless specifically authorized by the urban forestry advisory commission, it shall be unlawful for any person to intentionally damage, cut, carve, transplant or remove any tree on public property, nor attach any rope, wire, nails, advertising posters or other contrivance to any public tree, nor allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with them, nor set fire or permit any fire to burn when such fire of the heat thereof will injure any portion of any public tree. Any person found to violate the provisions of this section shall be responsible for the cost of repair, or removal and replacement, of any public tree so damaged. The owner of any vehicle that accidentally damaged any tree on public property shall be responsible for the cost of repair, or removal, and replacement, of any public tree damaged. (2) Protection of trees. A. Where any excavation or construction of any building or structure is proposed within the dripline of a tree located on any street or other publicly owned property, such tree shall be guarded with a good substantial fence placed at least three feet from the trunk of the tree, or at a distance in feet from the tree equal to the diameter of the trunk measured in inches at breast height, whichever is greater. All equipment, building material, dirt or other debris shall be kept outside the barrier. B. Except in an emergency situation as determined by the town manager, no person shall excavate any ditches, tunnels, trenches, or lay any drive within a distance equal to one-quarter the distance from the dripline to the trunk of any public tree. (3) Placing material on public property. Except for refuse collection activities, no person shall deposit, place, store or maintain upon any public place of the town any stone, brick, sand, concrete or other materials that may impede the free passage or water, air and fertilizer to the roots within the dripline of any tree growing thereon. (4) Improper planting. Whenever any tree is planted or set out in conflict with the provisions of this chapter, the town manager or the urban forestry advisory commission may pursue removal of said tree and initiate effective remedies. (Ord. of 9-7-2004)