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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)
Alexandria County Code View whole ordinance
TITLE 5 Transportation and Environmental Services
CHAPTER 6 Water and Sewer
ARTICLE A Water
DIVISION 2 Water Supply Emergency
Sec. 5-6-6 Declaration of water shortage condition.
(a) Whenever the city manager, or designated agent, determines that a water shortage condition exists, a water shortage condition may be declared by the city manager. The city manager, or designated agent, shall notify the general public that a water shortage condition has been declared and that more specific voluntary restrictions of water usage by residents and businesses are requested in order to help preserve the supply of potable water to the city.
(b) Upon the declaration of a water shortage condition, the city manager, or designated agent, may issue voluntary restrictions or recommend water conservation practices to help preserve the supply of potable water to the city. Such voluntary restrictions or conservation practices may include, but shall not be limited to, voluntary restriction of one or more of the following:
(1) Watering of shrubbery, trees, lawns, grass, plants, or other vegetation, except plants of flowers grown by a duly licensed florist;
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(Ord. No. 4747, ? 1, 1-21-12)
Alexandria County Code View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities
CHAPTER 2 Trees, Shrubs, Plants and Vegetation
ARTICLE A Regulation of Trees, Shrubs, etc., on Public Property
Sec. 6-2-7 Responsibility of director for planting, trimming, removal, etc.
The director, under the city manager, shall be responsible for the planting, trimming, removal and care of trees, shrubs, plants or other vegetation in all public places in the city, except public school sites. He or his duly authorized representative is hereby authorized to trim, prune, spray, water, cultivate, maintain, plant or remove trees, shrubs, plants or other vegetation in any places subject to the restrictions of this chapter.
(Code 1963, Sec. 39-7; Ord. No. 2699, 6/12/82, Sec. 6)
Alexandria County Code View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities
CHAPTER 2 Trees, Shrubs, Plants and Vegetation
ARTICLE A Regulation of Trees, Shrubs, etc., on Public Property
Sec. 6-2-2 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)
Arlington County Code View whole ordinance
Chapter 38.1 WATER SUPPLY EMERGENCIES
ARTICLE III. WATER SHORTAGE CONDITIONS
Sec. 38.1-6. Issuance of Voluntary Restrictions or Recommended Water Conservation Practices.
Upon the declaration of a water shortage condition, the County Manager, or his designee, may issue voluntary restrictions or recommended water conservation practices to help preserve the supply of potable water to Arlington County. Such voluntary restrictions or conservation practices may include, but shall not be limited to, voluntary restriction of one (1) or more of the following:
A. Watering of shrubbery, trees, lawns, grass, plants, or other vegetation;
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(Ord. No. 02-5, ? 1, 4-20-02)
Sec. 38.1-11. Restrictions or Prohibitions to Address a Water Supply Emergency.
Upon the adoption of an ordinance by the County Board declaring a water supply emergency, the County Manager is authorized to promulgate and implement, in writing, voluntary or mandatory water consumption restrictions or prohibitions necessary to preserve the ability of the County to provide adequate and acceptable levels of potable water to preserve the public health, safety, and welfare. Water restrictions or prohibitions promulgated by the County Manager may include, but shall not be limited to, restriction or prohibition of one (1) or more of the following activities:
A. Watering of shrubbery, trees, lawns, grass, plants, or other vegetation;
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(Ord. No. 02-5, ? 1, 4-20-02)
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.
Ashland Town Code View whole ordinance
Chapter 16 STREETS AND SIDEWALKS*
ARTICLE III. Maintenance of Trees
Sec. 16-21. Right of reserve to town to trim, remove, etc., trees, shrubs, etc., planted under permit.
Whenever a permit is granted to plant a tree, shrub, plant or vegetation and any of the properties enumerated in section 16-19 of this Code, the right is reserved to the town at any time to trim, prune or remove such tree, shrub, plant or other vegetation without notice to abutting property owner, but subject to the restrictions contained in this chapter.
(3-9-82)
Ashland ZONING ORDINANCE View whole ordinance
Chapter 21 ZONING*
ARTICLE XXIII. - LANDSCAPING
Sec. 21-238. Maintenance and replacement of required landscaping.
All required landscaping, trees, buffers and screening shall be maintained and replaced or supplemented as necessary to continue to comply with the standards set forth in this article. All structural features installed to satisfy the requirements of this article shall be maintained, repaired, replaced, painted or otherwise enhanced as necessary to continue to perform the function for which they are intended.
(2-17-04)
Charlottesville City Code View whole ordinance
Chapter 31 UTILITIES
ARTICLE III. WATER AND SEWERS
Sec. 31-125. Conservation of water during emergencies.
(a) Drought warning stage restrictions: The following drought warning stage restrictions on the use of water drawn from the city's public water supply shall be in effect upon adoption of an implementing resolution by city council:
(1) Watering of established outside shrubbery, trees, lawns, grass, plants, homegardens, or any other established vegetation, shall only be conducted manually by means of a non-leaking hand held hose with an automatic shutoff nozzle and using the minimum amount required to preserve plant life.
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(6-19-00(6); 9-16-02(2); 10-7-02(1); 10-7-02(2), ? 1; 11-20-06(4); 11-3-08(2))
Chesapeake ZONING ORDINANCE View whole ordinance
Chesapeake, Virginia - Zoning
ARTICLE 19. DESIGN, DEVELOPMENT AND PERFORMANCE STANDARDS
? 19-605. Maintenance.
Retained and newly provided landscaping shall be maintained in healthy condition. Damaged or dead plants shall be pruned, removed or replaced as required by the director of development and permits, or designee, to ensure compliance with this ordinance. Plant material lost due to work within utility easements shall be replaced and/or relocated as directed by the City of Chesapeake at the property owner's expense.
(Ord. No. 97-O-141, 11-18-97; Ord. No. 10-O-127, 10-19-10)
Chesapeake ZONING ORDINANCE View whole ordinance
Chesapeake, Virginia - Zoning
ARTICLE 19. DESIGN, DEVELOPMENT AND PERFORMANCE STANDARDS
? 19-706. Dedication, preservation and maintenance.
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D. The subdivider or developer shall ensure that the land dedicated as open space or recreational area meets all development criteria for the zoning district in which the property is located. The subdivider or developer shall improve such land with drainage, utilities (including payment of pro rata), access, curb and gutter and other public improvements applicable to subdivisions and developments under chapter 70 of the subdivision ordinance and article 18 of this ordinance. All bonding provisions in chapters 66 and 70 of the City Code shall apply to open space dedications. Notwithstanding anything to the contrary in this ordinance, landscaping shall consist of twenty percent (20%) tree canopy coverage, calculated in accordance with section 19-600. The type and location of the large canopy trees shall be shown on a landscape plan approved by the director of development and permits, or designee. The twenty percent (20%) canopy coverage may be accomplished by preservation or new plantings, however, the director may in any case require trees along the perimeter of the open space and shall further require that all dead and dying trees be removed before the land is dedicated as open space.
(Ord. No. 02-O-122, 10-15-02; Ord. No. 09-O-051, 5-19-09; Ord. No. 10-O-127, 10-19-10)
Editor's note? Ord. No. 02-O-122, adopted October 15, 2002, amended ? 19-706 in its entirety to read as herein set out. Formerly, ? 19-706 pertained to preservation and maintenance and derived from original codification.
Danville City Code View whole ordinance
Chapter 38 UTILITY SERVICES
ARTICLE I. IN GENERAL
Sec. 38-14. Emergency drought management plan.
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(f) Restrictions applicable to various flows of the Dan River. The severity of the water shortage shall be determined primarily by the flow in the Dan River and expected demands and potential rainfall. The restrictive measures in effect at each stage are as follows:
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(3) Drought Emergency Stage I. In the event flow in the Dan River continues to drop to a second preset level or the water usage reaches a certain percentage of system capacity as determined by the City Manager, or their designee, a "Drought Emergency Stage I" may be declared in effect and the following mandatory water restriction shall be imposed. It shall be unlawful to use water from the public water system supplied by the City of Danville for the following purposes:
a. To water lawns, grass, shrubbery, trees, flowers and vegetable gardens except by hand-held hose, container, or drip irrigation system. Provided, however, that a person regularly engaged in the sale of plants shall be permitted to use water for irrigation of their commercial stock in trade and golf courses may water greens.
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(4) Drought Emergency Stage II. In the event the flow in the Dan River continues to drop to a third preset level or the water usage reaches a certain percentage of system capacity as determined by the City Manager, or their designee, in spite of restrictions as imposed above, a "Drought Emergency Stage II" may be imposed under Stage I, the following mandatory water restrictions shall be imposed. It shall be unlawful to:
a. Water or sprinkle any lawn, grass, shrubbery, trees, or flowers. Provided, however, that a person regularly engaged in the sale of plants shall be permitted to use water for irrigation of their commercial stock in trade and golf courses may water greens.
B. Water any vegetable garden except by hand-held hose, container, or drip irrigation system.
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(Ord. No. 2011-09.11, 9-20-11)
Danville City Code View whole ordinance
Chapter 38.5 VEGETATION
ARTICLE III. LANDSCAPING
Sec. 38.5-28. Removal and maintenance.
(a) The City will provide maintenance or removal of dead or diseased trees or shrubs on land owned by the City or a City street, sidewalk, or alley right-of-way when such trees or shrubs are determined by the City to constitute a hazard to life, health, or property.
(b) No person shall remove trees or shrubs from land owned by the City or a City street, sidewalk, or alley right-of-way for any purpose without first procuring authorization from the Director of Public Works. The person who obtains such authorization shall bear the cost of removal if it is determined that the tree or shrub does not present a hazard to person or property.
Danville City Code View whole ordinance
Chapter 38.5 VEGETATION
ARTICLE III. LANDSCAPING
Sec. 38.5-24. - Authorization required.
(a) No person shall plant vegetation or maintain, remove, or otherwise disturb, any tree or shrub on any public area without first receiving approval from the Director of Public Works or his designate.
(b) Public utility companies and municipal utilities and their subcontractors employing tree experts, when engaged in the maintenance of easements, shall be exempt from the provisions of this section.
(c) In case of emergencies, such as windstorms, ice storms, or other disasters, permits may be waived by the Director of Public Works during the emergency period so as not to hamper work to restore order to the City.
(d) Maintenance of public areas by the City or its subcontractors shall be exempt from the provisions of this section.
(e) All plantings installed on land owned by the City shall become the property of the City of Danville and under the control of the City and subject to all regulations of the City thereafter.
(f) Notwithstanding the foregoing, no authorization shall be required for any planting in a City street, sidewalk, or alley right-of-way immediately contiguous to privately owned residential or commercial property, provided that:
(1) If it is contiguous with residential property, the person making the planting maintains the property as he does his property;
(2) If it is contiguous with commercial property, the person making the planting maintains the property as his place of business; and
(3) The planting does not violate any other provision of this Code including, but not limited to, section 35-14.1 of this Code.
(Ord. No. 92-11.15, 11-5-92)
Fairfax City City Code View whole ordinance
Chapter 102 UTILITIES
ARTICLE III. WATER
DIVISION 3. WATER SUPPLY EMERGENCY
Sec. 102-101. - Declaration of water shortage emergency.
(a) When the city council finds, based upon the recommendation of the city manager and in consultation with the director of utilities, that the city water supply is limited and that water conservation actions are necessary to conserve, extend or replenish the city water supply to protect the health, safety or welfare, the council may, by ordinance, declare that there exists a water shortage emergency. The council may authorize the city manager to implement, in whole or in part, Plan A-1, Plan A-2 or Plan A-3 as defined below:
(1) Plan A-1. As a goal, users of city water should voluntarily limit water consumption to 75 gallons per person per day. All water users shall inspect all plumbing and repair all leaks as soon as practicable after notification of the water shortage emergency. Use of water for the following purposes is prohibited:
a. Watering or irrigation of shrubbery, trees, lawns, grass, plants or other vegetation, except from a container not exceeding three gallons in capacity. This prohibition shall not apply to plant nurseries, golf course greens, and commercial agricultural activities;
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(Code 1978, ? 24-46)
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 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)
Falls Church City Code View whole ordinance
Chapter 42 UTILITIES
ARTICLE II. WATER
DIVISION 2. WATER CONSERVATION
Subdivision II. Water Shortage Control Plan
Sec. 42-89. Restriction of water use.
At such time as the water use administrator is notified by the coordinator that the emergency stage of the emergency agreement has been declared, and after appropriate legal notice has been given to the general public, the water use administrator is authorized to implement this section by ordering the restricted use or absolute curtailment of use of water for certain nonessential purposes including, but not limited to, the following:
(1) The use of hoses, sprinklers or other means for sprinkling or watering of shrubbery, trees, lawns, grass, plants, vines, gardens, vegetables, flowers or any other vegetation.
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The water use administrator shall notify the coordinator of any and all such actions.
(Code 1973, ? 31-25; Code 1982, ? 29-18(b); Ord. No. 752)
Falls Church City Code View whole ordinance
Chapter 48 ZONING
ARTICLE V. SUPPLEMENTARY REGULATIONS
DIVISION 7. SITE PLANS
Sec. 48-1147. Owner's associations.
In the instance where development involves condominiums and cooperatives or other similar forms of ownership, either through conversion of an existing structure or through new construction, provision shall be made for the preservation and continuity of all common areas as follows:
(1) Adequate measures as certified in form and content by the city attorney must be provided, through deed restrictions or other legally binding arrangements; that ownership of the common area shall be vested in an association of all of the owners; that it shall remain as common areas in perpetuity, with suitable restrictions upon its use; and that the necessary funds shall continue to be provided by the owners in perpetuity to cover suitable maintenance of the lawns, trees, shrubs, pools, parking area, roads and lighting and for the collection of garbage and other trash.
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(Code 1973, ? 81-56; Code 1982, ? 38-29(n); Ord. No. 595; Ord. No. 640; Ord. No. 704; Ord. No. 881; Ord. No. 1042, 3-28-1983; Ord. No. 1058, 8-8-1983; Ord. No. 1072, 5-29-1984; Ord. No. 1118, 9-9-1985; Ord. No. 1237, 9-12-1988; Ord. No. 1263, 5-22-1989; Ord. No. 1277, ? 5, 10-10-1989; Ord. No. 1332, 11-12-1990; Ord. No. 1335, 11-12-1990; Ord. No. 1636, 3-8-1999)
Falls Church City Code View whole ordinance
Chapter 48 ZONING
ARTICLE V. SUPPLEMENTARY REGULATIONS
DIVISION 8. LANDSCAPING
Sec. 48-1185. Bonding, installation, specifications and maintenance of vegetation.
The following shall apply to all vegetation or transplanted vegetation as required under this section. All vegetation shall meet the minimum standards for health, form, and root condition, as outlined in the latest edition of American Standard for Nursery Stock, published by the American Association of Nurserymen (AAN).
(1) Installation under inspection of city arborist. Installation and bonding requirements of vegetation shall be regulated pursuant to section 48-1143. All installation of the vegetation shall be carried out under the inspection of the city arborist. Installation may be spot checked by the city arborist.
Vegetation and Min. Size Chart
Type of Vegetation / Min. Size at Planting / Size at Maturity
- Shade tree / 2 - 2 1/2" caliper / ;gt;40'
- Understory tree / 2 - 2 1/2" caliper / ;lt;40'
- Evergreen tree / 6' / 12 - 20'
- Large shrub / 24" / ;gt;5'
- Small shrub /24" / ;gt;3 1/2'
(2) Vegetation substitutions. Due to seasonal planting issues or a lack of plant availability, approved landscape plans may require minor revisions. Minor revisions to planting plans may be approved by the city arborist, if there is no reduction in the quantity or significant change in size or location of vegetation and the new vegetation has the same general design characteristics (approved species, mature height, crown spread) as the vegetation being replaced.
(3) Responsibility of property owner for maintenance. It shall be the ultimate responsibility of successive property owners to ensure that the required vegetation is properly maintained in compliance with the approved site plan in perpetuity. Dead or diseased plant material shall be removed or treated promptly by the property owner and replaced within 180 days.
(4) Maintenance guidelines. Maintenance guidelines for the plantings are encouraged, to be published by the planting plan designer, to be used by grounds maintenance personnel to ensure that the design's buffering and screening concepts are continued. The City of Falls Church Landscape Maintenance Guidelines shall be adhered to at a minimum and shall be shown on all landscape plans.
(5) Safety. All sight triangles shall remain clear, and any plant material that could endanger safety, such as, unstable limbs shall be removed and the plant material replaced, if necessary. It shall be the responsibility of the property owner to maintain all plantings and architectural elements to ensure a safe environment.
(6) Plan approval. Plans submitted only for landscaping additions or deductions shall be considered by the planning commission following recommendations from the city arborist and the architectural advisory board, as part of the site plan process. Applicants are required to consult with the city arborist in advance of plan preparation in order to determine what trees, shrubs and other landscape materials are preferred.
(7) Review of landscaping guidelines, planting design, materials. Specific landscaping guidelines, planting design, and materials shall be reviewed by the city arborist and by the planning commission during the site plan review process and shall be in accordance with the guidelines established by the city.
(8) Vegetation installed prior to occupancy; exception. All vegetation required by this section, except vegetation on single-family residential lots as detailed in section 48-1180, must be installed prior to the occupancy of the site. Where compliance with this regulation is not possible because of seasonal planting limitations, the city arborist shall grant an appropriate delay.
(Code 1982, ? 38-30(g); Ord. No. 1766, 9-13-2004)
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS
Sec. 27-9. 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)
Franklin City Code View whole ordinance
Chapter 29 VEGETATION
Article III. Beautification Commission
Sec. 29-63. Appointment of members of Franklin Beautification Commission.
(a) The Franklin Beautification Commission shall be composed of nine members who shall be residents of the City and who shall be appointed by City Council for staggered terms of four years. Members whose terms have expired shall hold office until their successors have been appointed. Vacancies occurring on the Commission otherwise than through the expiration of terms shall be filled for the unexpired terms by appointment of City Council.
(b) To the extent that such persons are available, members shall consist of landscape architects, landscape designers, arborists, gardeners and other persons interested in the appearance of the City, its streets, sidewalks, parks and other public places.
[Ord. No. 217, 3-26-1984; amended by Ord. of 7-12-1999; Ord. No. 2003-9, 6-9-2003]
Sec. 29-64. Officers; quorum.
The members of the Beautification Commission shall elect a Chairman and a Vice Chairman. A majority of the members of the Commission shall constitute a quorum for the transaction of business.
[Ord. No. 217, 3-26-1984]
Sec. 29-65. Advice; recommendations.
The Beautification Commission shall advise and make recommendations to the City Manager regarding the care, preservation, pruning, planting, replanting, removal or disposition of trees, shrubs, bushes and all other vegetation in parks, along streets, and in all other public places in the City.
[Ord. No. 217, 3-26-1984]
Franklin City Code View whole ordinance
Chapter 29 VEGETATION
Article III. Beautification Commission
Sec. 29-67. Same ? required for maintenance.
It shall be unlawful for any person, except a City employee in the performance of his duties, to spray or otherwise treat, remove, destroy, break, cut or trim any living tree, shrub or bush, or any part thereof, growing in any street, park, public place or public grounds, without first having obtained a written permit from the City Manager's office. Any such work shall be done subject to supervision by and the control of the City.
[Ord. No. 217, 3-26-1984]
Franklin City Code View whole ordinance
Chapter 30. WATER, SEWERS AND SEWAGE DISPOSAL
Article V. Water Conservation
Sec. 30-102. Stage I water shortage.
(a) Upon determination by the City Council that the City's water supply is limited, it may declare, by resolution, a Stage I water shortage.
(b) Upon the City Council's declaration of a Stage I water shortage, the City Manager shall request that persons utilizing City water voluntarily minimize the use of water:
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(3) In watering shrubbery, trees, lawns and other growing plants other than farm crops.
[Ord. of 10-27-1997(4)]
Sec. 30-103. Stage II water shortage.
(a) Upon determination by the City Council that the City's water supply is very limited, it may declare, by resolution, a Stage II water shortage.
(b) Upon the City Council's declaration of a Stage II water shortage, the City Manager shall order that persons utilizing City water curtail any or all of the following less essential uses of water:
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(3) The watering of shrubbery, trees, lawns and other growing plants other than farm crops, except when using an alternate water source, recycled water or a water container not exceeding three gallons in capacity. Any such watering shall be limited to the hours between 8:00 p.m. and 10:00 a.m.
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[Ord. of 10-27-1997(4)]
Fredericksburg City Code View whole ordinance
Chapter 46. Franchises
ARTICLE II. Cable Communications
DIVISION 7. System Construction and Installation
Sec. 46-167. Authority of franchisee to trim trees.
A franchisee shall have the authority to trim trees overhanging streets, alleys, sidewalks and public places of the City to prevent their branches from touching wires and cables and other television conductors and fixtures of the franchisee. All trimming shall be done under the City's supervision and direction and at the expense of the franchisee. A franchisee shall provide reasonable advance notice to the City of its tree trimming activities.
[Code 1991, ? 9-167]
Fredericksburg City Code View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places
ARTICLE VI. Trees
Sec. 66-226. Planting and care of public trees, shrubs, and other vegetation.
A. The City Manager shall be responsible for the planting, trimming, removal, and care of all trees, shrubs, plants, and other vegetation on City-owned property. He is hereby authorized to trim, prune, spray, fertilize, water, cultivate, maintain, plant, and remove any trees, shrubs, and other vegetation in accordance with the provisions of this article.
B. The City Manager is hereby directed to plant, prune, maintain and relocate trees, plants and shrubs within the lines of all streets and public parks in accordance with the master tree plan to preserve or enhance the symmetry and beauty of such public grounds.
C. The City Manager shall provide a written report on the tree program to the City Council on an annual basis, specifying the number and location of trees that have been planted and removed on City-owned property.
D. When a tree is removed, it shall be the City's policy to plant a replacement tree in the same general area, consistent with specified standards; except when a replacement tree is determined by the City staff to be infeasible or inappropriate.
E. The City shall not, as a general practice, top any tree on City-owned property. For purposes of this section, "top" shall mean to cut back severely the limbs of any tree within its crown so as to remove the normal canopy of the tree and to disfigure it. Trees severely damaged by storms or other causes or trees located under utility wires or other obstructions, where other pruning practices are impractical, may be topped at the direction of the City Manager or his designee.
F. Stumps of trees located along City streets and in City parks shall generally be removed below the surface of the ground so that the top of the stump does not project above the surface of the ground.
[Ord. No. 04-08, 4-27-2004]
Sec. 66-227. Removal of trees.
The City Manager shall not remove or permit the removal of any tree, shrub, or other vegetation from any City-owned property unless he or his designee has determined that such tree, shrub, or vegetation is:
A. Diseased;
B. Infected with injurious insects or pests;
C. Obstructing or endangering existing or proposed public improvements or the traveling public;
D. Dead or unsightly; or
E. A species not permitted under the City's master tree plan.
[Ord. No. 04-08, 4-27-2004]
Sec. 66-228. Pruning, trimming and removal of trees by public service corporations.
A. Except as otherwise provided by law or a franchise granted by the City, any public service or utility corporation desiring to cut, trim, or remove trees, shrubs, or other vegetation from City-owned property shall submit a written plan to the City Manager for review and approval.
B. The City Manager or his designee shall, upon receipt of such application, issue a utility permit therefor if it appears to that such cutting, trimming, or removal is necessary for the protection of life or property and is consistent with the provisions of this article. Such cutting, trimming, or removal shall be done properly and at the expense of such public service corporation.
[Ord. No. 04-08, 4-27-2004]
Fredericksburg City Code View whole ordinance
Chapter 72. Unified Development Ordinance
[HISTORY: Adopted by the City Council of the City of Fredericksburg 10-8-2013 by Ord. No. 13-16; recodified 12-12-2013. Amendments noted where applicable.]
SECTION 72-55. Landscaping
Sec. 72-55.6. Trees.
A. Street trees. Street trees shall be required for all development in the City, in accordance with the following standards:
(1) Where required. Street trees shall be required on both sides of all streets in the City except alleys and around temporary turnarounds.
(2) Location. Trees shall be evenly spaced, aligned along the right-of-way frontage within 15 feet of the edge of the roadway pavement, and placed between the edge of the roadway pavement and any sidewalk or trail.
(3) Type. All trees must be on the City of Fredericksburg's approved street tree list or be approved by the City Arborist. All plantings must be in accordance with ANSI A300 Part 6. Existing mature, healthy trees located within the streetscape buffer shall be preserved and maintained as part of the overall landscaping plan for the development.
(4) Configuration.
(a) Single street trees shall be canopy trees except when beneath overhead utilities, where understory trees shall be used. Refer to the City of Fredericksburg's Approved Street Tree List for a list of trees to be planted under power lines.
(b) No single genus shall constitute more than 20% of the number of trees to be planted.
(c) Understory trees shall be spaced a maximum average of 20 feet on-center.
(d) Canopy trees shall be spaced a maximum average of 40 feet on-center.
(5) Deviations. Deviations from the standards may be proposed in accordance with the standards in ? 72-55.7, Alternative landscape plan, or by the City's Arborist.
B. Specimen tree protection.
(1) Applicability.
(a) General.
[1] Existing mature, healthy trees located within the streetscape buffer shall be preserved and maintained as part of the overall landscaping plan for the development. Every development, except that exempted in accordance with ? 72-55.6B(1)(b), Exemptions, shall be required to protect specimen trees in accordance with this section.
[2] A specimen tree is notable by virtue of its outstanding size and quality for its particular species. An existing canopy tree is considered notable when it achieves a diameter at breast height of 32 inches or more and any understory tree is considered notable when it achieves a diameter at beast height of nine inches or more. Species not native to Virginia shall not be eligible for consideration as specimen trees.
(b) Exemptions. The following developments shall be exempt from these standards:
[1] Those located within the C-D District; and
[2] Existing single-family detached residential dwellings on lots of record established prior to October 8, 2013.
(c) Invasives not considered specimen trees. Regardless of the diameter at breast height (DBH), any tree listed on the Virginia Department of Conservation and Recreation's Invasive Alien Plant Species List shall not be considered a specimen tree for purposes of this chapter.
(2) Depiction on landscaping or development plan. The location, species, and size of all specimen trees to be retained in accordance with this section shall be depicted on the proposed development plan associated with the development.
(3) General requirement. No specimen tree shall be removed during the development process, except in accordance with ? 72-55.6B(4), Removal of a specimen tree. In addition, all specimen trees shall have the following protections, whether located on public or private land:
(a) Cutting, removal, or harm prohibited. Specimen trees shall not be cut, removed, pushed over, killed, or otherwise harmed.
(b) Paving or soil compaction prohibited. The area within the dripline of any specimen tree shall not be subject to paving or soil compaction.
(4) Removal of a specimen tree. Specimen trees may be trimmed, or cut if the landowner demonstrates to the City Arborist one of the following conditions:
(a) Removal of a healthy specimen tree. A specimen tree is in healthy condition, and all of the following standards are met:
[1] The landowner is otherwise in compliance with this section;
[2] The specimen tree prevents development of a lot platted prior to October 8, 2013, in a way that limits building area to less than otherwise allowed, or hinders compliance with the standards in Article 72-3, Zoning Districts; Article 72-4, Use Standards; or Article 72-5, Development Standards; and
[3] Mitigation is provided in accordance with ? 72-55.6B(5), Replacement/mitigation of specimen trees.
(b) Removal of a severely diseased, high-risk, damaged, or dying specimen tree. A specimen tree is certified by an arborist or other qualified professional as severely diseased, high risk, damaged by an act of God, or dying. Removal of a severely diseased, high risk, or dying specimen tree shall not require mitigation in accordance with ? 72-55.6B(5), Replacement/mitigation of specimen trees.
(c) Trimming, cutting or removal is otherwise necessary. This chapter's prohibition of the trimming, cutting or removal of a specimen tree shall not apply:
[1] To work performed on federal or state property;
[2] To emergency work performed to protect life, limb or property;
[3] Routine installation, maintenance or repair of cable and wires used to provide cable television, electric, gas or telephone service;
[4] To activities having only minor effects upon trees, such as home gardening and landscaping of individual homes; or
[5] To commercial silvicultural or horticultural activities.
(5) Replacement/mitigation of specimen trees. Any person who is determined to be responsible for the unauthorized destruction or removal of a specimen tree shall be required to implement, and to bear the cost of, the following measures:
(a) Replacement trees required. Each healthy specimen tree removed or destroyed shall be replaced with replacement trees, each measuring no less than two inches in DBH by American Nurseryman Standard. Replacement trees shall be provided at a rate necessary to result in a cumulative total of replacement tree inches meeting or exceeding the DBH of the specimen tree removed. The replacement trees shall be replanted within 12 months of the removal or destruction of the specimen tree.
(b) Location of replacement trees. Replacement trees shall be either planted on the parcel of land from which the specimen tree was removed if sufficient space is available, or placed on nearby property in accordance with ? 72-55.7, Alternative landscape plan.
C. Tree protection during construction.
(1) Owner's responsibility. At all times prior to completion of development, barriers shall be installed to protect existing and newly installed vegetation from damage, in accordance with ANSI standard A300 Part 5, Management of Trees and Shrubs During Site Planning, Site Development, and Construction (revised 2012). Except for driveway access points, sidewalks, curb, and gutter, no paving shall occur within a tree save area except as may be specifically authorized within an approved alternative landscaping plan.
(2) Tree protection fencing.
(a) Where required. Specimen trees and other existing trees for which a developer is receiving credit towards landscaping requirements in accordance with ? 72-55.6D, Tree preservation incentives, shall be fenced with a sturdy and visible fence. The fence shall be installed prior to commencement of any land disturbing activity and shall be maintained in place at all times until completion of development. Fencing shall be erected no closer than one linear foot to a tree's dripline. The Zoning Administrator shall consider the existing site conditions in determining whether the location of tree protection fencing meets the requirements of this subsection. The area located inside tree protection fencing is referred to as the "tree save area".
(b) Inspection. All tree protection measures shall be inspected and approved by the Zoning Administrator as being compliant with the requirements of this subsection, prior to commencement of any land disturbing activities.
(c) When required. No construction, grading, equipment or material storage, or any other activity shall be allowed within any tree save area.
(3) Encroachments into tree save areas. Encroachments into specimen tree save areas shall occur only when no other alternative exists. If such an encroachment is anticipated, the developer shall notify the Zoning Administrator and shall refrain from any such encroachment for a period of 48 hours following the notification, to allow the Zoning Administrator an opportunity to confer with the developer and inspect the site. Thereafter, if the developer proceeds with the encroachment, the following preventive measures shall be employed:
(a) Soil compaction. To help prevent compaction due to construction traffic or materials delivery through a tree save area, the area must first be mulched with a minimum four inch layer of wood chips. Under no circumstances shall equipment or materials be stored within a tree save area.
(b) Fill. No fill shall be placed within a specimen tree save area without adequate venting to allow air and water to reach the roots.
(c) Chemical contamination. Trees located within a specimen tree save area shall be protected from chemical contamination from liquids or other materials, including but not limited to paint, chemical solvents, gasoline, oil, diesel fuel, hydraulic fluid, concrete spoils, or rinse water from vehicle cleaning, including rinsing of concrete truck tanks and chutes.
D. Tree preservation incentives.
(1) Tree preservation credits. In order to encourage the preservation of as many trees as practical on a development site, credit towards the minimum landscaping requirements shall be applied to all existing trees retained on a site that comply with the credit standards of this subsection and are not specimen trees. Credits shall be granted in accordance with the following standards:
(a) Standards. Existing healthy, well-formed canopy and understory trees shall be credited toward the minimum landscaping requirements in this section, provided:
[1] The vegetation to be credited shall meet the minimum size standards in this chapter;
[2] The vegetation to be credited conforms with all species requirements and does not include noxious or invasive weeds or other nuisance vegetation;
[3] The vegetation to be credited is protected before and during development by tree protection fencing or other methods approved by the Zoning Administrator prior to the start of any land-disturbing activities; and
[4] The location of the existing vegetation contributes to the screening or buffering functions of the landscaping.
(b) Credit amount. As an incentive for retention of existing trees, existing trees meeting the standards in Subsection D(1)(a) above that are retained during and after development shall be credited towards the minimum landscaping requirements in this chapter at a rate of 1.25 times the tree's actual caliper or diameter at breast height.
(2) Reduction in the minimum number of required parking spaces. Up to a 5% reduction in the number of off-street parking spaces required on a development site shall be allowed, if the reduction of pavement will preserve the root zones of existing, healthy specimen trees. The specific amount of reduction will be determined by the Zoning Administrator after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use, and must be agreed upon by both the applicant and the Zoning Administrator. Alternative paving materials (see ? 72-53.3G, Alternative materials) may be required by the Zoning Administrator in cases where required parking areas encroach upon root zones.
Fredericksburg City Code View whole ordinance
Chapter 72. Unified Development Ordinance
[HISTORY: Adopted by the City Council of the City of Fredericksburg 10-8-2013 by Ord. No. 13-16; recodified 12-12-2013. Amendments noted where applicable.]
SECTION 72-55. Landscaping
Sec. 72-55.8. Maintenance.
The owner of a lot on which any required landscaping has been installed shall be responsible for the maintenance of all landscape areas not in the public right-of-way, and for continuing compliance with applicable landscaping requirements. Required landscaping shall be maintained in accordance with the approved landscape plan or alternative landscape plan for a development and shall present a healthy and orderly appearance free from refuse and debris. All trees and plantings shown on an approved landscape plan or alternative landscape plan shall be replaced if it dies, is seriously damaged, or removed.
A. Damage due to natural occurrence. In the event that any required landscaping, including any physical element thereof (such as fencing or berms) is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, the required landscaping shall be replanted and replaced to the extent necessary to return the property to compliance with the approved landscape plan or alternative landscape plan. The owner shall have one growing season to comply. The Zoning Administrator shall consider the type and location of the required landscaping as well as the propensity for natural revegetation in making a determination on the extent of replanting requirements.
B. Protection during operations. Trees and other plantings that are the subject of an approved landscape plan or alternative landscape plan shall be protected from unnecessary damage during all facility and site maintenance operations. Plants shall be maintained in a way that does not obstruct sight distances at roadway and drive intersections, obstruct traffic signs or devices, or interfere with the use of sidewalks or pedestrian trails.
C. Maintain shape. All required trees (whether canopy or understory) shown on an approved landscape plan or alternative landscape plan shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared, topped, or shaped as shrubs. Trees (including, but not limited to crape myrtles) that have been severely pruned, sheared, topped, shaped as shrubs, such that they no longer serve the intended buffering or screening function, shall be considered as damaged vegetation in need of replacement in accordance with ? 72-55.8A, Damage due to natural occurrence, and shall be replaced within one growing season.
D. Natural death. The natural death of existing trees and plantings within a required landscape will not trigger a requirement for replanting or replacement unless the loss of such trees and plantings results in a required landscape area that no longer complies with the requirements of this ? 72-55.
Fredericksburg City Code View whole ordinance
Chapter 74 Utilities
DIVISION 4. Water Supply Emergencies
Sec. 74-112. Water conservation measures.
A. Upon the adoption of an ordinance by the City Council declaring a water supply emergency under ? 74-111, the City Manager shall make a written finding that one of the following conditions exists and impose water conservation measures, as follows:
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(2) Condition 2. When very limited supplies of water are available, the City Manager shall order curtailment of less essential water usage, including, but not limited to, one or more of the following:
(a) The watering of shrubbery, trees, lawns, grass, plants, or other vegetation, except indoor plantings, greenhouse or nursery stocks, limited watering of newly seeded lawns, and watering by commercial nurseries of freshly planted plants upon planting and once a week for five weeks following planting.
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[Ord. No. 02-22, 8-20-2002]
Hampton City Code View whole ordinance
Chapter 22 NOISE
Sec. 22-9. Prohibited noises enumerated.
It shall be unlawful for any person to cause or permit to be caused any of the following prohibited sounds or noises:
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(8) Lawn care activities. Creating any sound or noise plainly audible in residential areas between 10:00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal or other landscaping, lawn or timbering activities.
(Ord. No. 10-0023, 9-8-10; Ord. No. 11-0002, 2-9-11; Ord. No. 13-0015, 7-10-13)
Harrisonburg City Code View whole ordinance
Title 15 HEALTH AND SANITATION
CHAPTER 3. NUISANCES
Sec. 15-3-2. Noise violations; penalties.
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(c) Specific prohibitions: It shall be unlawful for any person to cause or permit to be caused any of the following prohibited sounds or noises:
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(6) Lawn care activities. Creating any sound or noise plainly audible in residential areas between 10:00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal or other landscaping, lawn or timbering activities. The provisions of this subsection shall not apply to sound or noise generated by the maintenance of recreational facilities such as golf courses and ball or playing fields.
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(d) Maximum sound levels: In addition to, and not in limitation of the specific prohibitions of section ? above, no person shall operate or permit to be operated any noise source which generates a sound level exceeding the limits set forth in this subsection.
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(4) Exemptions. The following activities or sources of noise shall be exempt from the prohibitions set forth in this section:
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d. Gardening, lawn care, tree maintenance or removal and other landscaping activities.
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(Ord. of 6-10-03; Ord. of 7-28-09; Ord. of 8-12-14)
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 23 Noise
Sec. 23-8. Specific Loud Noises Prohibited.
In addition to the prohibitions listed in the preceding sections, it shall be unlawful for any person to cause, or permit to be caused, any of the following prohibited sounds or noises:
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(g) To create any plainly audible sound or noise in residential areas between 10:00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal and other landscaping, lawn or timbering activities.
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Lexington City Code View whole ordinance
Chapter 380. Trees
[HISTORY: Adopted by the City Council of the City of Lexington 4-20-2006 by Ord. No. 2006-03 (Ch. 25.1 of the 1970 Code). Amendments noted where applicable.]
Sec. 380-3. Policies regarding trees.
It shall be the policy of the City to:
A. Recognize that trees are a vital part of the urban infrastructure.
B. Promote the planting of site-appropriate trees along City streets.
C. Plant trees in "pocket parks" in the downtown area to preserve views and reduce conflicts between buildings and trees.
D. Properly plant and maintain trees to promote their longevity and safety.
E. Conduct a consistent and adequate program for maintaining and preserving trees.
F. Promote the involvement of both the public and private sectors in maintaining the health of the "community forest" of the City.
G. Identify and/or accept nominations for community trees located on private property, provide appropriate documentation of any such trees and provide for continuing protection of the same upon transfer of ownership of the property.
Lynchburg City Code View whole ordinance
Chapter 26 NUISANCES
ARTICLE II. WEED CONTROL
Sec. 26-28.7. Application for removal of weeds.
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(f) The provisions of this article shall not authorize an applicant to enter onto property to remove trees or shrubbery unless the branches, limbs, or other parts of the trees or shrubbery extend or protrude onto private property in a manner which constitutes a danger to citizens or property or where the limbs or branches are likely to fall in such a manner as to endanger private citizens or property. If the department of community planning and development determines that the trees or shrubbery constitute a danger to private citizens or property, the applicant may be authorized to cut and remove such trees and shrubbery that have been designated for removal by the department of community planning and development in accordance with the provisions of this article.
(Ord. No. O-94-113, 5-24-94, eff. 6-1-94; Ord. No. O-00-163, 8-8-00)
Lynchburg City Code View whole ordinance
Chapter 26 NUISANCES
ARTICLE III. NOISE CONTROL
Sec. 26-57. Exemptions.
The following specific activities are exempt from the provisions of sections 26-55 and 26-56 herein:
(a) Sound created by the operation of domestic power tools such as power lawn mowers, chain saws, weed eaters, etc., used in connection with lawn care, leaf removal, gardening, tree maintenance or removal or other landscaping, lawn or timbering activities, provided the operation of said equipment is limited between the hours of 7:00 a.m. and 9:00 p.m. and such equipment is operated with a standard muffler or sound dissipating devices.
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(Ord. No. O-91-170, 7-9-91, eff. 9-1-91; Ord. No. O-15-078, ? 1, 9-22-15)
Lynchburg City Code View whole ordinance
Chapter 38 TREES AND VEGETATION
ARTICLE I. IN GENERAL
Sec. 38-11. City maintenance of trees and vegetation in public rights-of-way.
(a) The city is not required to cut and/or remove weeds, brush, plants, grass or other vegetation growing in the public alleys, unimproved streets and other unimproved rights-of-way except as provided in subsection 26-28.1(c) of the city's weed ordinance. The city shall not cut and/or remove weeds, brush, plants, grass or other vegetation growing in the unimproved portion of the public right-of-way lying between any public street and private property lines except when the weeds, brush, plants, grass or other vegetation grow in such a manner as to obstruct the view of traffic signs, obstruct the view of an intersection or otherwise create a traffic hazard.
(b) If any tree growing in a public alley, unimproved street or other unimproved right-of-way is dead or is growing in such a manner that the branches, limbs or other parts of the tree extend or pertrude onto private property in a manner that constitutes a danger to citizens or property, the city will cut and remove or prune such tree once it has been notified of the condition of the tree. It shall be the responsibility of the adjoining property owner or tenant to notify the city when a tree is growing in such a manner that it needs to be cut and removed or pruned.
(c) Any adjacent property owner, tenant or citizen, at their own expense, may cut and/or remove any weeds, brush, plants, grass or other vegetation growing in the public alleys, unimproved streets and other unimproved rights-of-way and in the unimproved portion of the public right-of-way lying between any public property and private property lines. No person shall cut and remove or prune any tree growing in the public right-of-way without first obtaining a permit from the urban forester as required in section 38-38 of the City Code.
(Ord. No. O-95-327, 12-12-95; Ord. No. O-99-254, 11-23-99)
Lynchburg City Code View whole ordinance
Chapter 38 TREES AND VEGETATION
ARTICLE III. PERMITS
Sec. 38-41. Same?Maintenance.
The application for a permit to maintain trees under the provisions of this chapter shall state the number and kinds of trees to be sprayed, fertilized, pruned or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the urban forester shall find reasonably necessary to a fair determination of whether a permit should be issued.
(Code 1959,? 23.1-17; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)
Lynchburg City Code View whole ordinance
Chapter 38 TREES AND VEGETATION
ARTICLE III. PERMITS
Sec. 38-38. Required.
No person shall plant, spray, fertilize, preserve, prune, remove, cut above ground, or otherwise disturb any tree on any street or city owned property without first filing an application and procuring a permit from the urban forester. The person receiving the permit shall abide by the arboricultural specifications and standards of practice adopted by this chapter.
(Code 1959, ? 23.1-14; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)
Lynchburg City Code View whole ordinance
Chapter 39 WATER
ARTICLE V. WATER EMERGENCIES
Sec. 39-94. Water conservation measures.
Upon a determination by the city manager of the existence of the following conditions, the city manager shall take the following actions that shall apply to any person whose water supply is furnished from the city water system:
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(b) Stage 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:
(1) The watering of shrubbery, trees, lawns, grass, plants, or any other vegetation, except indoor plantings, greenhouse or nursery stocks and except limited watering for new lawns and watering by commercial nurseries of freshly planted plants upon planting and once a week for five weeks following planting. Athletic fields are also exempt but shall only be watered to match the evaporation-transpiration rate. In all cases where the above exceptions apply, the watering is not to occur between the hours of 8:00 a.m. and 8:00 p.m. Watering with buckets that have a capacity of five or fewer gallons is permitted at any time.
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(Ord. No. O-02-175, 9-24-02)
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 23 WATER, SEWERS AND SEWAGE DISPOSAL
ARTICLE I. IN GENERAL
Sec. 23-4. Water emergencies.
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(e) Water conservation measures. Upon a determination by the city manager or their designee of the existence of the following conditions, the city manager or their designee shall take the following actions that shall apply to all water users in the city:
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(3) Drought Emergency - Stage 1: As drought conditions continue to worsen, a drought emergency - stage 1 may be declared by the city manager or their designee in accordance with the drought response and contingency plan. When a drought emergency - stage 1 exists, the following will be prohibited:
- Watering lawns, grass, shrubbery, trees, flower, and vegetable gardens except by hand held hose, container, or drip irrigation system, except persons regularly engaged in the sale of plants will be permitted to use water for irrigation of their commercial stock and golf courses may water greens;
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(4) Drought Emergency - Stage 2: As drought conditions continue to worsen, a drought emergency - stage 2 may be declared by the city manager or their designee in accordance with the drought response and contingency plan. When a drought emergency - stage 2 exists, in addition to the restrictions imposed under the drought emergency - stage 1, the following will be prohibited:
- Watering lawns, grass, shrubbery, trees, or flowers, except persons regularly engaged in the sale of plants shall be permitted to use water for irrigation of their commercial stock;
- Watering any vegetable garden, except by hand held hose, container, or drip irrigation system;
Middleburg Town Code View whole ordinance
Chapter 105 TREE PRESERVATION
105-12 Planting, Maintenance and Removal
The Town shall have the right to plant, maintain and remove trees, plants and other woody ornamental or parts thereof on public property or within Town easements. The Town Administrator or designee, upon the recommendation of the Streetscape Committee, may remove or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or limits access to sewers, fire hydrants, electric lines or other utility lines or pipes or any other public improvements, or is affected with any injurious fungus, insect or other pest. A second opinion by an ISA certified arborist is recommended for the removal of any tree on public property or within Town easements that has a fifteen-inch (15?) or greater diameter at breast height (dbh). In the event that any tree is pruned by the Town or its contractor, a certified arborist shall be required to be on site during such pruning. Trimming, pruning, removal or treatment of any tree on public property or within Town easements shall be consistent with the International Society of Arboriculture as outlined in the American National Standards Institute A300 and Z133.1 Standards. In the event a tree is severely damaged by storms or other causes and must be removed on an emergency basis, the Streetscape Committee will be notified so proper tree replacements can be recommended where appropriate.
This Section does not prohibit the planting of street trees within the road right-of-way by abutting property owners as a donation or contribution, provided the Town Administrator grants prior written approval, after a recommendation from the Streetscape Committee. The selection and location of said trees shall be in accordance with provisions of this ordinance, the Middleburg Zoning Ordinance and any other applicable Town regulation.
The Town may also allow right-of-way plantings, other than trees, provided the Town Administrator, upon recommendation of the Streetscape Committee, gives prior written permission. A written request to install right-of-way plantings shall be addressed to the Town Administrator.
(Amended 2/10/2011)
105-13 Tree Management Plan
A tree management plan is required within site development plans and subdivision applications as noted in the Middleburg Zoning Ordinance. The Streetscape Committee shall serve in an advisory capacity to the Town in the administration of the Town?s landscaping, screening and open space regulations.
(Amended 2/10/2011)
105-15 Removal of Tree Stumps
Tree stumps located on public property shall be removed below the surface of the ground so that the top of the stump shall not project above the existing grade.
Middleburg Town Code View whole ordinance
Chapter 63.2 NOISE
[HISTORY: Chapter 63 was adopted by the Council of the Town of Middleburg on 7-12-84. It was repealed in its entirety on 3-26-09; and, Chapter 63.1 was adopted in
its stead. It was repealed in its entirety on 08-22-13 and Chapter 63.2 was adopted
in its stead.]
63.2-6 Maximum Sound Levels and Residential Dwellings
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4. Exemptions. The following activities or sources of noise shall be exempt from the
daytime prohibition set forth in subsection (2) of this section:
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d. Gardening, lawn care, tree maintenance or removal, and other landscaping activities provided the activity begins no earlier than 7:00 a.m. and is concluded no later than 9:00 p.m. Monday through Saturday and which begins no earlier than 8:00 a.m. and is concluded no later than 900 p.m. on
Sunday.
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Newport News City Code View whole ordinance
Chapter 29 PARKS, SQUARES AND RECREATIONAL FACILITIES
ARTICLE I. IN GENERAL
Sec. 29-4. General responsibilities of department of parks and recreation.
The department of parks and recreation shall be responsible for:
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(3) Operating and maintaining nurseries for flowers, vines, shrubs and trees for use in the public parks, grounds, streets and ways of the city;
(4) Planting and care of all flowers, vines, shrubs and trees in the public parks, grounds, streets and ways of the city;
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(Ord. No. 2789-81; Ord. No. 6977-13, ? 1)
Newport News City Code View whole ordinance
Chapter 42 WATER SUPPLY
ARTICLE VI. EMERGENCY WATER CONSERVATION
Sec. 42-93. Tier 1, advisory.
Upon the determination that a limited water supply is available, the city manager, or when so authorized by him, the director, may disseminate information throughout the waterworks system service area advising that the water supply has been depressed and requesting customers to voluntarily reduce water demand through the following actions:
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(3) Reduce the use of city water for watering of shrubbery, trees, lawns, grass, plants, and other vegetation, except when using an alternate water source, recycled water, or a watering container not exceeding three (3) gallons in capacity. Any such watering should be limited to the hours between 8:00 p.m. and 10:00 a.m.
Sec. 42-94. Tier 2, mandatory.
(a) Upon the determination that the water supply is further reduced beyond Tier 1 conditions, the city manager, or when so authorized by him, the director, shall impose higher water rates and may restrict less essential usage of city water, including, but not limited to, the following:
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(3) The watering of shrubbery, trees, lawns, grass, plants, and other vegetation, except when using an alternate water source, recycled water, or a watering container not exceeding three (3) gallons in capacity. Any such watering shall be limited to the hours between 8:00 p.m. and 10:00 a.m.
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(Ord. No. 6155-05, ? 1)
Sec. 42-95. Tier 3, severe.
(a) Upon the determination that a critically limited supply of water is available, the city manager, or when so authorized by him, the director, shall impose higher water rates and may restrict less essential usage of city water, including, but not limited to, the following:
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(3) The watering of shrubbery, trees, lawns, grass, plants, and other vegetation, except when using recycled water, an alternate water source, or a watering container not exceeding three (3) gallons in capacity. Any such watering shall be limited to the hours between 8:00 p.m. and 10:00 a.m.
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(Ord. No. 6155-05, ? 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.
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(Code 1958, ? 32.1-22)
Norfolk City Code View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION
ARTICLE I. GENERALLY
Sec. 45-5. Interference with bureau of parks and forestry.
No person shall, in anywise, interfere with, hinder, prevent or delay or cause or permit any person to interfere with, hinder, prevent or delay the bureau of parks and forestry, or its employees, in the enforcement of this chapter, or in and about the planting, mulching, pruning, spraying, treating or removing of any tree in the public streets, parks, schools, city-owned cemeteries, or other city-owned property, or in the removing of stone, cement or other sidewalks, or stone, cement or other substances about the trunk of any tree in any street, or in cultivating, seeding and caring for the area between the street curbing and the walkway in any sidewalk of the city.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-7. Picking, pulling, damaging, etc., vegetation on lands of another or in park or wildlife sanctuary.
It shall be unlawful for any person to pick, pull, pull up, tear, tear up, dig, dig up, cut, break, injure, burn or destroy, in whole or in part, any tree, shrub, vine, plant, flower or turf found growing or being upon the land of another, or upon any land reserved, set aside or maintained by the city as a public park, or as a refuge or sanctuary for wild animals, birds or fish, without having previously obtained the permission in writing of such other owner or his agent or of the superintendent or custodian of such park, refuge or sanctuary so to do, unless the same is done under the personal direction of such owner, his agent, tenant or lessee, or the superintendent or custodian of such park, refuge or sanctuary.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-8. Selling trees or shrubs removed from property of another.
It shall be unlawful for any person to sell or offer for sale within the city any tree, shrub or vine, or any part thereof which was picked, pulled up, torn up, dug up, cut or broken on the property of another without previously obtaining permission, in writing, from such other person, his agent, tenant or lessee.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-9. Failure to install or maintain landscaping.
It shall be unlawful to neglect or fail to install or maintain landscaping as shown on an approved site plan where the landscaping has been reviewed and approved by the director of neighborhood and leisure services or his designee as part of the site plan review process pursuant to the zoning ordinance.
(Ord. No. 41,728, ? 1, 2-15-05)
Norfolk City Code View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION
ARTICLE II. TREE ORDINANCE
Sec. 45-13. Permits; when required.
(a) Residents of Norfolk may apply for a permit to prune and trim city trees located between the curbs and sidewalks. A request for a permit can take place only after a resident has successfully completed a workshop devoted to basic tree trimming techniques led by an I.S.A. certified arborist for the city, and the individual resident receives a certificate of completion in such training. All appropriate tools and required safety equipment must be supplied by the resident(s) and approved by the arborist. The pruning may take place from the ground only, utilizing only nonpowered hand tools. Debris from any pruning session must be removed in accordance with normal Norfolk Division of Waste Management regulations.
(b) Except as otherwise provided in this section, it shall be unlawful for any person except an authorized employee of the bureau of parks and forestry to perform any of the following acts on city-owned property without first obtaining a permit from the director:
(1) Plant, transplant, prune, trim, root prune, spray, fertilize, treat, remove, paint, climb or otherwise damage or disturb any tree, shrub or other vegetation or any part thereof (including live, diseased, declining or dead), or protective and supportive devices.
(2) Place either above or below ground level, a container for trees, shrubs or other vegetation.
(3) Affix or cause to be affixed to any tree, shrub or other vegetation any sign, notice, announcement, banner, rope, cable, nail, tape, wire, or any other object, or to use the same in any connection with any guard or stake protecting or supporting such tree, or permit any electrical wires, cables, poles, cross arms, brackets, insulators, or other wires or fixtures to come into contact with any shade tree or ornamental tree on the streets or other city owned property.
(4) Dig a tunnel, trench, or otherwise excavate within the critical root zone of a tree, except within the paved roadways from curb face to curb face.
(5) Apply and chemical or material of any sort to or within the critical root zone of any tree located on city-owned property, including but not limited to insecticides, herbicides, fungicides, or soil sterilants/or growth regulators that either prevent or hinder the establishment or viability of vegetation or is detrimental to the environment.
(6) Place any material of any sort, including, but not limited to, dirt, soil, rubble, concrete, bricks, wood, dredge spoil, asphalt, creosote timbers, logs, garbage, tires, organic wastes and personal property such as boats, trailers, vehicles on or within the critical root zone of any tree, shrub or other vegetation.
(c) It shall be unlawful for any person to perform any of the following acts within the resource protection area or intensely developed areas in the Chesapeake Bay Preservation Area Overlay District without first obtaining a permit from the director:
(1) Plant, transplant, trim, prune, remove or otherwise disturb any tree, shrub or other vegetation (including live, diseased, declining or dead), or portion thereof.
(2) Damage, cut, tap, caulk, paint, attach any rope, wire, nail, sign or any other manmade object to any tree or shrub.
(3) Dig a tunnel trench or otherwise excavate within the critical root zone of any tree, shrub or other vegetation.
(4) Apply any chemical, including, but not limited to, herbicides and/or growth regulators, that either prevents or hinders the establishment of viability of vegetation or is detrimental to the environment.
(5) Place any material of any sort, including, but not limited to, dirt, soil, rubble, concrete, bricks, wood, dredge spoil, asphalt, creosote timbers, logs, garbage, tires, organic wastes and personal property such as boats, trailers, vehicles on or within the crown-spread or critical root zone of any tree, shrub or other vegetation.
(d) For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice as approved by the bureau of environmental services and in accordance with applicable permit conditions or requirements.
(e) When trees, shrubs or other vegetation are removed, destroyed or damaged beyond recovery in violation of this section, the director may require that they be replaced in accordance with controlling arboricultural specifications and standards. Failure to mitigate as directed shall constitute a violation of this chapter.
(f) It shall be unlawful to fail to comply with any terms or conditions of any permit issued pursuant to this section.
(g) Nothing in this section shall be cons1d to exempt any person from the requirements of obtaining any additional permits as may be required by law.
(Ord. No. 41,728, ? 1, 2-15-05; Ord. No. 44,580, ? 1, 2-28-12)
Norfolk City Code View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION
ARTICLE II. TREE ORDINANCE
Sec. 45-14. - 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. 45-15. Maintenance permit for work on private property.
The director may issue a maintenance permit for activity in the resource protection area or intensely developed area in the Chesapeake Bay Preservation Area Overlay District when he has determined that the applicant has presented sufficient information to ensure the objectives of the zoning ordinance and the tree ordinance will be faithfully carried out by the applicant. The director shall impose such conditions and limitations as would be consistent with the terms and conditions of the zoning ordinance. If the permittee fails to carry out the maintenance program within the terms and conditions set forth in the approved management plan, the director shall revoke the same and take such action as is appropriate to remedy or restore the buffer area. The director shall be guided by the following performance standards designed to maintain the functional value of the buffer area and the indigenous vegetation located therein:
(1) Trees in excess of three (3) inches in diameter at breast height (four and one-half (4.5) feet above the ground) shall not be pruned or removed except as necessary to provide minimal sight lines and vistas, and provided that where removed they will be replaced with other vegetation that in the discretion of the director is equally effective in retarding runoff, preventing erosion and filtering nonpoint source pollution from runoff.
(2) Any access path in the buffer area shall be constructed and surfaced so as to effectively control erosion.
(3) A three-tier riparian vegetated buffer comprised of overstory, understory and groundcover plant materials will be established and/or maintained where practical in the discretion of the director. Disturbance to the soil environment and root systems of trees to remain shall be minimized.
(4) When permitted, alterations to the resource protection area or intensely developed area in the Chesapeake Bay Preservation Area Overlay District on city-owned property must be completed and maintained by a Virginia Nurseryman and Landscape Association (VNLA) certified horticulturist, or ISA certified arborist or ISA certified tree worker.
(Ord. No. 41,728, ? 1, 2-15-05)
Norfolk ZONING ORDINANCES View whole ordinance
APPENDIX A ZONING ORDINANCE
ARTICLE III. REGULATIONS APPLICABLE TO ALL ZONING DISTRICTS
CHAPTER 17: LANDSCAPE PLANTINGS AND BUFFERS
17-11 Maintenance.
With the intent of the original landscape plan and within the intent of this ordinance, the site shall be maintained in perpetuity. The property owners and their agents shall be responsible for providing, protecting, and maintaining all landscaping in a healthy and growing condition, replacing dead or damaged vegetation, and keeping all landscaped areas free of refuse and debris.
(Ord. No. 42,529, ? 1(Exh. A), 1-30-07)
Petersburg City Code View whole ordinance
Chapter 50 ENVIRONMENT
ARTICLE II. NOISE
Sec. 50-33. Specific prohibitions.
It shall be unlawful for any person:
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(g) To create a noise disturbance across a residential property line between 10:00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal, other landscaping, lawn or timbering activities; the operation of any mechanically powered saw, drill, grinder, sander or similar device; or the construction, demolition, repair, paving, excavation or alteration of a building or street.
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Provided however, that the prohibitions of this section shall not apply to emergency work to provide public facilities or utilities, or to remove debris, when necessary to protect the public health or safety.
(Ord. No. 14-100, 10-21-2014)
Editor's note? Ord. No. 14-100, adopted Oct. 21, 2014, repealed ? 50-33 and enacted a new section as set out herein. The former ? 50-33 pertained to violations of article and derived from ? 19-2 of the 1981 Code.
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.
Richmond City Code View whole ordinance
Chapter 2 ADMINISTRATION
DIVISION 8. DEPARTMENT OF PUBLIC WORKS
Sec. 2-427. Duties.
The Department of Public Works shall be responsible for:
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(10) The operation and maintenance of nurseries for flowers, vines, shrubs and trees for use in the public parks, grounds, streets, and ways of the City;
(11) The planting and care of all flowers, vines, shrubs and trees in the public parks, grounds, streets, and ways of the City;
(12) The sale or exchange of the surplus products of the City nurseries;
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(Code 1993, ? 2-199; Code 2004, ? 2-453; Ord. No. 2004-181-201, ? 1, 7-26-2004; Ord. No. 2004-360-330, ? 1, 12-13-2004; Ord. No. 2008-28-48, ? 1, 3-10-2008; Ord. No. 2010-21-67, ? 2, 4-26-2010; Ord. No. 2014-59-97, ? 3, 5-27-2014)
Cross reference? City-owned real estate, Ch. 8; Department of Public Works to be responsible for garbage collections, ? 23-41.
Roanoke City Code View whole ordinance
Chapter 33 VEGETATION AND TRASH
ARTICLE I. IN GENERAL
Sec. 33-5. Authority of city to spray and treat diseased trees and shrubs.
For the purpose of preventing the spread of scale, insects, worms or other diseases to which trees and shrubs are subject, the city manager shall, in his discretion, have the power and authority to spray and treat any infected tree or shrub within the city, whether on public or private property. Before spraying or treating any trees on private property, the city manager shall give reasonable notice thereof to the owner. Any person interfering with, or in any way attempting to prevent city personnel from inspecting, spraying or treating trees and shrubs in the city, whether on either public or private property, shall be guilty of a Class 4 misdemeanor.
(Code 1956, Tit. VIII, Ch. 6, ? 2)
Roanoke City Code View whole ordinance
Chapter 36.2 ZONING
ARTICLE 6. DEVELOPMENT STANDARDS
DIVISION 4. LANDSCAPING AND SCREENING
Sec. 36.2-642. General landscaping and screening standards.
(a) General requirements.
(1) All portions of a lot which are not included in the calculation of impervious surface ratio shall be landscaped. Landscaping shall include plant materials as may be required by this division as well as open areas covered with grass or other vegetative groundcover.
(2) Landscaping within a sight distance triangle shall not include any evergreen tree and, furthermore, shall not include shrubs or ground cover exceeding thirty (30) inches in height above the graded ground level.
(3) When a determination of the number of required trees or shrubs, as set forth in this division, results in a fraction, any fraction shall be counted as one (1) tree or shrub.
(4) If the development of any portion of a lot includes the creation of a slope of two to one (2:1), horizontal to vertical, or greater, such slope shall be planted with vegetative cover, subject to determination of the Zoning Administrator that the methods of planting will hold the soil in place and that the proposed vegetative cover and rate of planting will ensure stabilization of the slope.
(b) Planting materials. Where landscaping is required by this division, the following standards shall apply:
(1) All trees required by this division shall be selected from the approved tree list in Table 642-1 and shall meet the applicable minimum height and caliper at the time of planting and suitability requirements as set forth in Table 642-1, unless otherwise provided for in this division. The Zoning Administrator may approve the use of trees not set forth in Table 642-1 to meet the minimum tree requirements of this division, subject to the Zoning Administrator's determination that the height, caliper, canopy, and suitability characteristics of such alternative trees are consistent with the intent and standards of this division. The resource for such determination shall be based on the published reference text, Manual of Woody Landscape Plants, fifth edition, 1998, by Michael A. Dirr.
(2) Where evergreen or deciduous shrubs are required by this division, such shrubs shall have a minimum height of eighteen (18) inches at the time of planting.
(3) Existing vegetation which meets the standards prescribed by this division, as determined by the Zoning Administrator, may be preserved and may be used to meet some or all of the landscaping requirements.
(4) All required landscaping materials shall meet the specifications and standards of the American Association of Nurserymen.
(5) Where the planting of trees which have a height at twenty-year maturity which would interfere with overhead utility lines, the Zoning Administrator may, as a part of development plan approval, permit the substitution of trees with a lesser height at maturity, provided the substitute trees shall be provided at a rate that will result in the same amount of total tree canopy.
(c) Screening. Where screening is required by this division, the following standards shall apply:
(1) Screening shall be visually opaque and constructed of a durable material.
(2) Screening shall be maintained by the owner of the property so as to meet the requirements of this division.
(3) Acceptable screening materials shall include stockade fences, decorative masonry walls, brick walls, and earth berms. The Zoning Administrator may approve alternative materials where their characteristics and design meet the intent and standards of this division.
(d) Landscape plan. For development plans subject to the requirements of this division, the following landscaping information shall be required as part of development plan approval:
(1) For a basic development plan, the landscaping information as set forth in Section B-1, Appendix B, shall be submitted; or
(2) For a comprehensive development plan, a Landscape Plan as set forth in Section B-3, Appendix B, shall be submitted.
(e) Installation. The installation of required tree canopies, landscaping, buffering, and screening shall meet the following requirements:
(1) Only healthy planting materials shall be used for required plantings.
(2) The planting of trees shall be done in accordance with either the standardized landscape specifications jointly adopted by the Virginia Nurserymen's Association, the Virginia Society of Landscape Designers, and the Virginia Chapter of the American Society of Landscape Architects, or the road and bridge specifications of the Virginia Department of Transportation.
(3) No temporary Certificate of Occupancy shall be issued until either the required landscaping is completed in accordance with an approved development plan or the property owner or developer provides a guarantee in a form acceptable to the City Attorney that ensures installation.
(A) A guarantee for required landscaping shall be an amount equal to one hundred ten (110) percent of the cost of the plants, related materials, and installation.
(B) All required landscaping shall be installed, inspected, and approved within three (3) months of acceptance of the guarantee.
(C) During any water emergency declared by the governing body in which the use of water is restricted, the Zoning Administrator may permit the delayed installation of required trees, plants, or screening materials. In this event, the property owner shall be required to maintain the guarantee. After a declaration of water emergency ends, the property owner shall install the required plants within thirty (30) days.
(4) No permanent Certificate of Occupancy shall be issued until the required landscaping is completed in accordance with an approved development plan.
(f) Maintenance. After approval by the Zoning Administrator that all landscaping required by this chapter is complete and in healthy condition, the property owner shall be responsible for the ongoing protection and maintenance of all required landscaping in a manner that complies with the requirements of this chapter and in conformance with the approved development plan. Where necessary to comply with the requirements of this chapter and the approved development plan, dead or damaged landscaping materials shall be replaced by the property owner within six (6) months of notification by the City.
(g) Modification of landscaping requirements. The Zoning Administrator may approve in writing a development plan subject to, in whole or in part, alternative landscaping, screening, or buffer yard standards if the Zoning Administrator finds that any of the following circumstances exist on the proposed development site, or surrounding properties, provided any such alternative plan shall provide the equivalent quantity of required vegetative material and shall have no additional adverse visual impact on adjacent properties or public areas or otherwise be inconsistent with the stated purposes of this division:
(1) Natural land characteristics, such as topography or existing vegetation, on the proposed development site would achieve the same intent of this division;
(2) Innovative landscaping or architectural design is employed on the development site to achieve an equivalent tree canopy, landscaping, screening, or buffering effect;
(3) The screening and landscaping for a required buffer would be ineffective because of the proposed topography of the site or the location of the improvements on the site; or
(4) The topography of adjacent and surrounding sites would render required screening ineffective.
(Ord. No. 37633, ? 14, 11-20-06; Ord. No. 37984, ? 6, 12-17-07; Ord. No. 38423, ? 1, 4-20-09; Ord. No. 39495, ? 1, 9-4-12)
Salem City Code View whole ordinance
Chapter 106 ZONING
ARTICLE IV. DEVELOPMENT STANDARDS
Sec. 106-402.17. Maintenance of landscaping.
(A) The owner, tenant and their agents, if any, shall be jointly and severely responsible for the maintenance of all required and provided landscaping in good condition so as to present a healthy, neat and orderly appearance. All landscaped areas shall be kept free from refuse and debris.
(B) All landscaped area shall be provided with a readily available water supply with at least one outlet located within 150 feet of all planted areas. Drip-type irrigation systems are encouraged.
(C) All required or provided trees, shrubs, ground covers and other plant materials must be replaced during the first opportune planting season if they die or become unhealthy because of accidents, drainage problems, disease or other causes.
(D) Trees shall not be trimmed or topped so that advertisement signs may be visible. Trees shall instead be allowed to grow and at the appropriate time, the crown may be lifted.
(Ord. of 3-14-05(2))
Salem City Code View whole ordinance
Chapter 90 UTILITIES
ARTICLE III. WATER AND SEWAGE DISPOSAL
DIVISION 2. WATERWORKS SYSTEM AND WATER SUPPLY
Subdivision II. Water Conservation
Sec. 90-97. Determination by council; use restrictions.
Whenever the council, by resolution duly adopted, deems that the city's public water supply may be jeopardized due to minimal rainfall and thus adversely affect the safety and welfare of the citizens, it shall be unlawful for such period as specified in the aforesaid resolution for any person to use water for any of the following purposes:
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(3) Watering of outside shrubbery, trees, lawns, grass, plants or any other vegetation, except from a watering can or other container not exceeding three-gallon capacity. This limitation shall not apply to greenhouse or nursery stocks which may be watered in the minimum amount required to preserve plant life before 8:00 a.m. or after 6:00 p.m.
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(Code 1969, ? 16-21.2)
ARTICLE V. WATER EMERGENCIES
Sec. 90-395. Water conservation measures.
Upon a determination by the city manager or his designee of the existence of the following conditions, the city manager shall take the following actions that shall apply to all water users in the city:
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(3) Drought emergency. As drought conditions continue to worsen, a drought emergency may be declared by the city manager or their designee. When a drought emergency is declared, the following mandatory water restrictions are imposed:
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? Watering outdoor vegetation will be prohibited, except from a watering can or other container not exceeding three gallons in capacity or with recycled water. Any person regularly engaged in the sale of plants will be permitted to irrigate only in amounts necessary to prevent the loss of nursery stock;
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(Ord. of 10-24-2011)
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).
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 City Code View whole ordinance
Chapter 90 UTILITIES
ARTICLE III. WATER
DIVISION 4. WATER CONSERVATION
Sec. 90-212. Procedures.
(a) The city council finds that when there exists an immediate potential for a shortage of potable water in the city's water system that increasingly more restrictive conservation measures may be required to prevent a crucial water shortage.
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(d) Upon a determination by the city manager of the existence of the following conditions, the city manager shall take the following actions:
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(3) Condition 3. When very limited supplies of water are available, the city manager shall order curtailment of less essential usage 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 weeks following planting.
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(Code 1976, ? 29-37; Ord. No. 101-02, 9-18-2002)
Virginia Beach City Code View whole ordinance
APPENDIX A ZONING ORDINANCE
ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS
G. LANDSCAPE SCREENING AND BUFFERING
Sec. 272. Categories of landscape screening types.
(a) For purposes of this section, there shall be eight (8) categories of screening to be employed as specified in district regulations to satisfy the screening and buffering requirements of proposed uses of higher intensity to those existing of lower intensity.
(b) Existing screening materials. When a lot is to be developed such that screening is required and where that lot abuts an existing hedge, wall or other durable landscape barrier on an abutting property, the existing structure or hedge may be used to satisfy the screening requirements of this section, provided that the existing structure meets the minimum standards set forth herein and protection against vehicular encroachment is provided. However, the burden to provide the necessary screening remains with the use to be screened and is a continuing obligation which runs with the land so long as the original relationship exists.
Sec. 273. Provisions of acceptable alternatives.
Amy person who may be required to install screening in conjunction with land development and who believes that by virtue of special consideration of site design, topography, unique relationships to other properties or existing natural vegetation, the application of the specific standards are ineffective in fulfilling the requirements of this section, may submit to the planning director a specific plan for development showing how the purposes of this section may be met by measures other than those listed above. The planning director, after consulting with appropriate city officials, may approve modifications to established standards so long as the effect and intent of the established standards are achieved.
(Ord. No. 2152, 6-23-92)
Sec. 274. Maintenance responsibilities.
The owner and tenant, if any, of any property where screening is required shall be jointly and severally responsible for the maintenance of all screening materials so as to present a healthy, neat and orderly appearance and be kept free from litter and debris. Shrubs or trees planted as a part of any required screening which subsequently dies shall be replaced in accordance with the minimum standards of this section. All screening and landscape areas shall be protected from encroachment by motor vehicles or pedestrians which could damage vegetation or reduce the effectiveness of the screening.
Virginia Beach City Code View whole ordinance
Chapter 23 OFFENSES
ARTICLE II. NOISE
Sec. 23-69. Maximum sound levels and residential dwellings.
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(d) Exemptions. The following activities or sources of noise shall be exempt from the daytime prohibition set forth in subsection (b) of this section:
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(4) Gardening, lawn care, tree maintenance or removal, and other landscaping activities.
(5) Agricultural activities.
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(Ord. No. 3082, 5-12-09; Ord. No. 3180, 5-24-11)
Virginia Beach City Code View whole ordinance
Chapter 37 WATER SUPPLY
ARTICLE I. IN GENERAL
Sec. 37-21. Conservation of the public water supply.
(a) Whenever the city manager or director of public utilities finds that a water supply emergency arising out of a shortage of the public water supply may occur if water conservation measures are not taken, he shall, through appropriate means, call upon the general population of the city to employ prudent restraint in water usage and to conserve water voluntarily by whatever means available.
(b) Should the city council, declare there to be an emergency existing in the city arising, either wholly or substantially, out of a shortage of the public water supply, the city manager or the director of public utilities is hereby authorized to order the restriction or prohibition of any or all of the following uses of the water supply:
(1) Watering of shrubbery, trees, lawns, grass, plants or other vegetation, except from a watering can or other container not exceeding three (3) gallons in capacity.
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(Code 1965, ? 37-11; Ord. No. 947, 6-18-79; Ord. No. 1105, 10-13-80; Ord. No. 1293, 6-28-92; Ord. No. 2113, 3-3-92; Ord. No. 3091, 6-23-09)
Waynesboro City Code View whole ordinance
Chapter 50 OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE IV. NOISE
Sec. 50-50. Unnecessary or excessive noise.
(a) It shall be unlawful for any person to make, or to cause or allow to be made, upon any property in the city the following:
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(9) Other noises. Refuse collection and sanitation services; activities related to the construction, repair, maintenance, remodeling or demolition, grading, or other improvement of real property; and gardening, lawn care, tree maintenance or removal and other landscaping activities; between 10:01 p.m. and 5:59 a.m. Monday through Friday and 10:01 p.m. to 6:59 a.m. Saturdays and Sundays.
? Exceptions. Notwithstanding any provisions of this section to the contrary this section shall not apply to any sound generated by any of the following:
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(3) Refuse collection and sanitation services; activities related to the construction, repair, maintenance, remodeling or demolition, grading, or other improvement of real property; and gardening, lawn care, tree maintenance or removal and other landscaping activities between 6:00 a.m. and 10:00 p.m. Monday through Friday and 7:00 a.m. to 10:00 p.m. Saturdays and Sundays.
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(Ord. No. 2009-15, 2-23-09; Ord. No. 2010-19, 3-8-10; Ord. No. 2013-8, 1-28-13)
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)
Winchester City Code View whole ordinance
CHAPTER 29 UTILITIES
ARTICLE II. WATER
DIVISION 1. GENERALLY.
SECTION 29-32. DECLARED WATER SUPPLY EMERGENCY; MANDATORY CONSERVATION; PENALTIES
(a) In the event the Common Council ratifies a declaration of a local emergency within the City, as required by Section 44-146.21 (a) of the Code of Virginia, 1950, as amended, and such declaration is caused by a water supply shortage within the City, then the following provisions shall take effect at the time of such ratification and shall remain in effect throughout the duration of the declared emergency:
1. The watering of trees, shrubbery, lawns, or any other vegetation from City water supplies shall be prohibited.
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Winchester City Code View whole ordinance
CHAPTER 9 WATER PROTECTION
SECTION 9-81. MANAGEMENT OF A STREAM BUFFER.
Each stream buffer required to be established or maintained pursuant to this Article shall be managed as provided herein:
(a) The target vegetative cover in a stream buffer area shall be an indigenous riparian forest with ground cover, shrub and tree canopy layers.
(b) Within twenty-five (25) feet of the top of the stream bank and on land classified as nontidal wetland:
(1) Indigenous riparian vegetation shall be preserved, or, where it does not exist, it shall be restored or allowed to evolve by natural succession;
(2) Dead, diseased, and dying trees may be removed;
(3) Fallen trees that are blocking stream channels, or trees with undermined root systems in imminent danger of falling, may be removed where stream bank erosion is a current or potential problem that outweighs any positive effects the fallen tree or trees may have on the stream ecosystem;
(4) Removal or pruning of invasive shrub and vine species is allowed, provided that such removal or pruning is done in a manner that prevents erosion;
(5) Unpaved pathways and trails may be constructed and maintained in a manner that will effectively control erosion and to minimize adverse impacts to the buffer, subject to applicable provisions of ?9-83, below; and
(6) Stormwater channels may be constructed and maintained in a manner that will prevent erosion and minimize adverse impacts to the buffer.
? Beyond twenty-five (25) feet from the top of the stream bank to the limits of the required buffer:
(1) Dead, diseased and dying trees may be removed;
(2) Trees 6 inches in diameter or greater, measured 48 inches from the ground, shall be preserved;
(3) Removal or pruning of invasive shrub and vine species shall be allowed, provided that such removal or pruning is done in a manner that prevents erosion; and
(4) Unpaved pathways and trails may be constructed and maintained in a manner that will effectively control erosion and minimize adverse impacts to the buffer, subject to applicable provisions of ?9-83, below.
(5) Stormwater channels may be constructed and maintained in a manner that will prevent erosion and minimize adverse impacts to the buffer.
(d) Where an existing structure (i.e. building, street, road, bridge, etc.) is located within the buffer, vegetation, not including the ground cover, can be removed within 15 feet of the structure. Removal of additional vegetation can be allowed if required by State or Federal requirements or if necessary for the health, safety or welfare of the City?s citizens and approved by the City Engineer.
Woodstock Town Code View whole ordinance
Chapter 26 ENVIRONMENT
ARTICLE VI. URBAN FORESTRY
Sec. 26-104. Planting, maintenance and protection of public trees. Modified
(a) Planting.
(1) Any tree or shrub planted on public property shall be of an approved species as outlines in "The Preferred Species List" adopted by this commission.
(2) Any tree or shrub not on the preferred species list shall not be planted on public property without the specific approval of the urban forestry advisory commission.
(3) Any tree or shrub shall be properly planted according to the standards and guidelines adopted by this commission.
(b) Maintenance.
(1) All outside contractors hires for pruning and/or maintenance of town owned trees shall meet the following requirements:
a. Have a current town business license.
B. Provide proof of liability and Workmen's Compensation Insurance in amount established by the town council.
C. Have at least one Virginia State certified arborist on staff to generally oversee all work.
(2) All town-owned trees shall be maintained in accordance with the American National Standards Institute's ANSI A300 Standard Practices (or most recent update). No town-owned tree shall be "topped" nor shall any climbing spurs be used when working on live trees.
(3) All tree pruning around utility lines shall be performed in accordance with the guidelines in "Pruning Trees Near Electric Utility Lines" by Dr. Alex L. Shigo.
(4) No private citizen shall cut, prune, or elevate any town-owned tree in conflict with guidelines adopted by the urban forestry advisory commission, without prior approval of the town manager.
(5) The town should maintain elevation of town-owned trees to a height of 13 feet over roadways and a height of eight feet over public sidewalks where possible.
(6) Town maintenance of trees and vegetation in public rights-of-way.
A. The town is to cut and/or remove weeds, brush, plants, grass or other vegetation growing in the public alleys, unimproved streets and other unimproved rights-of-way. Any adjacent property owner, tenant or citizen, at their own expense, may cut and/or remove any weeds, brush, plants, grass or other vegetation, except trees in excess of three inches caliber measured 12 inches from the ground, growing in the public alleys, unimproved streets and other unimproved rights-of-way and in the unimproved portion of the public right-of-way lying between any public property and private property lines.
B. If any tree growing in a public alley, unimproved street or other unimproved right-of-way is dead or growing in such a manner that the branches, limbs or other parts of the tree extend or protrude onto private property in a manner that constitutes a danger to citizens or property, the town will cut and remove or prune such tree once it has been notified of the condition of the tree. It shall be the responsibility of the adjoining property owner or tenant to notify the town when a tree is growing in such a manner that it needs to be cut and removed or pruned.
? Protection.
(1) Abuse, mutilation, or damage to public trees. Unless specifically authorized by the urban forestry advisory commission, it shall be unlawful for any person to intentionally damage, cut, carve, transplant or remove any tree on public property, nor attach any rope, wire, nails, advertising posters or other contrivance to any public tree, nor allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with them, nor set fire or permit any fire to burn when such fire of the heat thereof will injure any portion of any public tree. Any person found to violate the provisions of this section shall be responsible for the cost of repair, or removal and replacement, of any public tree so damaged. The owner of any vehicle that accidentally damaged any tree on public property shall be responsible for the cost of repair, or removal, and replacement, of any public tree damaged.
(2) Protection of trees.
A. Where any excavation or construction of any building or structure is proposed within the dripline of a tree located on any street or other publicly owned property, such tree shall be guarded with a good substantial fence placed at least three feet from the trunk of the tree, or at a distance in feet from the tree equal to the diameter of the trunk measured in inches at breast height, whichever is greater. All equipment, building material, dirt or other debris shall be kept outside the barrier.
B. Except in an emergency situation as determined by the town manager, no person shall excavate any ditches, tunnels, trenches, or lay any drive within a distance equal to one-quarter the distance from the dripline to the trunk of any public tree.
(3) Placing material on public property. Except for refuse collection activities, no person shall deposit, place, store or maintain upon any public place of the town any stone, brick, sand, concrete or other materials that may impede the free passage or water, air and fertilizer to the roots within the dripline of any tree growing thereon.
(4) Improper planting. Whenever any tree is planted or set out in conflict with the provisions of this chapter, the town manager or the urban forestry advisory commission may pursue removal of said tree and initiate effective remedies.
(Ord. of 9-7-2004)