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Abingdon Town Code View whole ordinance
Chapter 78 TREES, SHRUBS AND VEGETATION ARTICLE VI. ADMINISTRATIVE PROVISIONS Sec. 78-13. Appeals process. Any action by the tree commission may be appealed to and heard by the town council, the decision of which shall be final. To be effective the appeal must be in writing, specify the reason or reasons for which a hearing is requested, and be filed with the town manager within 15 days after the complaining party receives notification of the offending action of the tree commission. (Ord. of 8-7-00) Sec. 78-14. Penalties for violation. Unless specifically provided in this ordinance, the violation of any of Sections 78-10(b), 10?, 11(a), 11(b), 11?, 11(d), 11?, 11(f), 11(h)(3), 11(k), 11(l), 11(m), 11(n), and 11(o) shall be a Class 4 misdemeanor punishable as specified in section 1-6 of the Code. (Ord. of 8-7-00) Sec. 78-15. Performance evaluation of ordinance. The town arborist shall collect and maintain all records and data necessary or desirable to evaluate whether progress is being made toward the stated goals of this chapter. At its first meeting for 2001 and each year thereafter the town arborist shall present to the town council its summary and analysis for the preceding calendar year, together with any recommendations for changes in the procedures outlined in this chapter. Thereafter, the town council shall consider the report and recommendations and take all actions deemed necessary to accomplish the goals of this ordinance, including (but not limited to) revision or amendment of the ordinance or the adoption of other resolutions or ordinances. (Ord. of 8-7-00)

Chesapeake ZONING ORDINANCE View whole ordinance
Chesapeake, Virginia - Zoning ARTICLE 19. DESIGN, DEVELOPMENT AND PERFORMANCE STANDARDS ? 19-606. Waivers and modifications. A. Approval of waivers or modifications. Planting, preservation, buffer yard and green space requirements may be waived or modified by the joint approval of the city arborist and the planning director, or designee, under one or more of the following circumstances: 1. The particular characteristics of the site, such as its size, configuration, topography or subsurface conditions, are such that strict application of the requirements of this ordinance would result in unreasonable hardship to the developer. 2. Existing conditions on the site or neighboring sites are such that the buffering and canopy coverage intended by this ordinance are substantially provided without imposing such requirements. 3. Existing conditions on neighboring sites are such that compliance with the requirements of this ordinance would not produce the effect intended by the ordinance. B. Appeal of decisions to the planning commission. Decisions made by the director of development and permits, or designee, may be appealed to the planning commission and placed on the next available agenda for a final decision. (Ord. No. 97-O-141, 11-18-97; Ord. No. 10-O-127, 10-19-10)

Fairfax City City Code View whole ordinance
Chapter 110 ZONING Article III. ZONING DISTRICTS AND REGULATIONS 3.7. OVERLAY DISTRICTS 3.7.2 Historic overlay district B. Old Town Fairfax Historic Overlay 7. Street trees The street tree requirements of 4.5.6.B shall not apply in the Old Town Fairfax Historic Overlay Dis. (10-1-16)

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

Fairfax City City Code View whole ordinance
Chapter 110 ZONING Article VI DEVELOPMENT REVIEW 6.15 Temporary Use Permits 6.15.4 Approval criteria E. The use shall not have a substantial adverse impact on the natural environment, including trees, ground cover and vegetation. (10-1-16)

Fairfax City City Code View whole ordinance
Chapter 110 ZONING Article VI DEVELOPMENT REVIEW 6.20 Zoning Permits 6.20.1 Applicability E. Zoning permits are not required for permitted temporary uses (See ?3.5.6) or for tree removal (See ?6.10). (10-1-16)

Falls Church City Code View whole ordinance
Chapter 44 VEGETATION ARTICLE II. TREES AND SHRUBS DIVISION 2. ADMINISTRATION Sec. 44-58. Appeals. An appeal to the city manager may be taken by any person aggrieved by any decision of the city arborist relative to the administration of this article. An appeal shall be taken within ten working days from the date of the issuance of the arborist's written order, by filing with the city arborist and the city manager a notice of appeal specifying the grounds. The city arborist shall then transmit to the city manager the record upon which the appeal is based. All decisions by the city manager can be appealed to a court of record. The city manager shall solicit the opinion of the tree commission, hear the appeal, and render a decision within 15 working days of receipt of the notice of appeal. An appeal stays all compliance with the action being appealed, unless the city arborist certifies to the city manager that by reason of stated facts a stay would, in such arborist's opinion, cause imminent endangerment to life or property. In such cases, compliance shall not be stayed other than by a restraining order which may be granted by the city manager, or by a court of record, on application and on notice to the city arborist and on due cause shown. (Code 1982, ? 35-19; Ord. No. 1659, 10-25-1999)

Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS Sec. 27-15. Penalties, claims and appeals. (a) Any person who knowingly and willfully violates any provision of this chapter or who fails to comply with any notice issued pursuant to provisions of this chapter shall be subject to a fine not to exceed two hundred fifty dollars ($250.00) for each separate offense. (b) Any financial and/or material cost of damage to trees, shrubs, or other landscaping that results from violation of any provision of this chapter shall be the responsibility of the party in violation. The value of trees and shrubs shall be determined in accordance with the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen, and Evergreens," published by the International Society of Arboriculture. Any decision made by the town may be appealed to the town council in the same manner as set forth in the Town of Farmville Code. (Ord. No. 102, 6-15-2006)

Franklin City Code View whole ordinance
Chapter 29 VEGETATION Article III. Beautification Commission Sec. 29-69. Same ? issuance. All permits required pursuant to this article shall be issued by the City Manager's office. Prior to the issuance or denial of any such permit, the City Manager shall refer the permit request to the Beautification Commission for its recommendation. The Commission shall give its recommendation to either approve or disapprove the request within 30 days of the date such request is referred to the Commission. [Ord. No. 217, 3-26-1984] Sec. 29-70. Penalty for violation of article. Any violation of this article shall be a Class 3 misdemeanor. [Ord. No. 217, 3-26-1984]

Fredericksburg City Code View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places ARTICLE VI. Trees Sec. 66-229. Abuse or mutilation of trees, shrubs, or other vegetation on City-owned property. It shall be unlawful for any person to willfully or maliciously break, bark, belt, or otherwise injure any tree, shrub, plant, or other vegetation on City-owned property. [Ord. No. 04-08, 4-27-2004] Sec. 66-230. Violations. Any person found in violation of any provision of ? 66-222, 66-223, or 66-229 shall be guilty of a misdemeanor punishable by a fine of not more than $1,000. This shall be in addition to any civil penalties, charges, or other actions that may be instituted against such person to prevent, restrain, correct, or abate violations of this article. [Ord. No. 04-08, 4-27-2004]

Harrisonburg City Code View whole ordinance
Title 9 PARKS, RECREATION AND CULTURAL AFFAIRS CHAPTER 6. PUBLIC TREE ORDINANCE Sec. 9-6-8. Right of appeal to city council. Any person affected by an action of the public tree advisory board or any failure to act by the public tree advisory board shall have an automatic right of review by the city council. A request for review shall be made in writing and filed with the city clerk and shall be placed on the city council's regular meeting agenda within thirty (30) days after the written request is received by the city clerk. (Ord. of 3-25-08(3))

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. 380-12. Appeals process. Any action of the City Arborist or his or her designee may be appealed to and heard by the Tree Board. An appeal, to be effective, must be filed within 15 days after the action of the City Arborist or his or her designee. The appeal shall be in writing and shall clearly specify the reason or reasons for which a hearing is requested. After a hearing, the Tree Board shall render its decision. Any action of the Tree Board may be appealed to and heard by the City Manager. This appeal must be filed within 15 days after the decision of the Tree Board, must be in writing, and must clearly specify the reasons for which a hearing is requested. Decisions of the City Manager shall be final.

Lynchburg City Code View whole ordinance
Chapter 38 TREES AND VEGETATION ARTICLE III. PERMITS Sec. 38-46. Voidance. Any permit issued under the provisions of this article shall be void if its terms are violated. (Code 1959, ? 23.1-22; Ord. of 5-23-78)

Middleburg Town Code View whole ordinance
Chapter 105 TREE PRESERVATION 105-21 Appeals A. Decisions of the Town Administrator made with regard to Sections 105-14 and 105-17 may be appealed to the Town Council by filing a petition with the Clerk of Council, setting forth the basis for the appeal, within one week of the date of the decision. The appeal shall be placed on the next regularly scheduled Council meeting following receipt of the appeal. The filing of the appeal shall stay the decision of the Town Administrator pending the outcome of the appeal to the Council. The Council may reverse, modify or affirm the Town Administrator?s decision. B. The owner of the land that is the subject of a final decision of the Council may appeal such decision within thirty (30) days of the date of the final decision rendered by the Council by filing a petition at law with the Circuit Court of Loudoun County setting forth the alleged illegality of the action of the Council. The filing of the petition for review shall stay the decision of the Council pending the outcome of the appeal to the Circuit Court of Loudoun County. (Amended 2/10/2011) 105-22 Severability Should any subsection, sentence, clause, provision or part of this ordinance be held invalid for any reason, the remainder of this ordinance shall not be affected thereby, but shall remain in full force and effect. (Amended 2/10/2011)

Newport News City Code View whole ordinance
Chapter 13 BUILDING REULATIONS ARTICLE VII. ACCUMULATION OF WEEDS Sec. 13-153. Prohibiting dead trees or parts thereof on property in the city. It shall be unlawful for any responsible person to permit a dead tree which might endanger the health or safety of persons or property to remain on real property in the city. For the purpose of this ordinance, "responsible person" means an owner of real property or the agent therefor, or any other person responsible for the maintenance of the real property. For the purpose of this ordinance, "dead tree which might endanger the health or safety of persons or property" means any dead tree, any tree that is diseased; or has a dead, diseased, or broken limb or a dead, diseased or broken trunk, or any tree that is totally or partially uprooted, if the height of the tree or the length or the limb or trunk is such that, if it were to fall, the tree, limb or trunk could fall within the public right of way or strike a structure or improvement to real property. A determination of whether or not a tree or part thereof is dead or diseased, shall be made by a qualified arborist employed by the city. (Ord. No. 6227-06, ? 1)

Newport News City Code View whole ordinance
Chapter 40.3 VEGETATION Sec. 40.3-7. Conflict with local ordinances, statutes or regulations. Whenever the regulations of this chapter establish a requirement that is more stringent than a similar requirement contained in any other local ordinance, statute or regulation, the regulations of this chapter shall govern. Whenever the provisions of any other local ordinance, statute or regulation establish a requirement that is more stringent than a similar requirement contained in this chapter, the regulations of such ordinance, statute or regulation shall govern. (Ord. No. 5679-01, ? 1)

Newport News City Code View whole ordinance
Chapter 40.3 VEGETATION Sec. 40.3-8. Violations. (a) Violations of this chapter shall constitute Class 1 misdemeanors. (b) If any person shall commit any of the acts prohibited herein upon more than one (1) tree, shrub, landscape planting or other vegetation, a separate violation of this chapter shall be deemed to have occurred with respect to each such tree, shrub, landscape planting or other vegetation. (Ord. No. 5679-01, ? 1)

Norfolk City Code View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION ARTICLE II. TREE ORDINANCE Sec. 45-17. Review of application for permit. (a) The director, within ten (10) working days of the receipt of an application for a permit, shall issue a permit to perform any of the specified acts for which a permit may be required pursuant to this chapter as long as the following conditions are met: (1) When such acts would result in abatement of a public nuisance; (2) When such acts consistent with the development and implementation of the street tree management plan or with any regulations and controlling arboricultural specifications and standards or with the purpose and expressed intent of this chapter; (3) When an application has been signed by the applicant and submitted to the bureau of parks and forestry detailing the location, number, size and species of trees, shrubs and other vegetation would be affected by such acts, setting forth the purpose of such acts and the methods to be used along with any additional information the city forester may find reasonably necessary; (4) When the applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this article, the street tree management plan and controlling arboricultural specifications and standards; and (5) When the applicant certifies that he has read and understands the provisions of this article, the terms and conditions of the permit, controlling arboricultural specifications and standards, city tree protection notes and details, and street tree planting and location standards, or other applicable standards which are pertinent to the work for which the permit is sought; or (b) The director may place certain conditions, limitations or other applicable standards and guidelines in the permit which he deems to be necessary to carry out the purpose and expressed intent of this article. ? The director may require the applicant to post a bond or provide a letter of credit in an amount and with surety and with conditions satisfactory to him securing compliance with the conditions and limitations set forth in the permit. (Ord. No. 41,728, ? 1, 2-15-05) Sec. 45-18. Appeal of denial of a permit. Any person aggrieved by the actions or orders of the director respecting issuance of a permit shall within ten (10) days from such action or order have an appeal to the city manager or to a person designated by the city manager to hear such appeals. The decision of the city manager or his designee shall be the final administrative remedy under this article. (Ord. No. 41,728, ? 1, 2-15-05) Sec. 45-19. Revocation of permit. The director may revoke any permit issued under this chapter if the work for which a permit is issued is not completed in full compliance of stated conditions and limitations or if the work is completed in an unsafe manner, or in violation of any provision of this chapter, the Virginia State Code [Code of Virginia] and guidance promulgated thereto, an order of the board of zoning appeals, or any other applicable permit. The director may also take action as is appropriate to remedy or restore to a safe condition any tree, shrub or other vegetation for which a permit has been revoked or suspended at the applicant's expense. (Ord. No. 41,728, ? 1, 2-15-05)

Portsmouth City Code View whole ordinance
Chapter 36 VEGETATION ARTICLE III. TREE PLANTING AND REPLACEMENT Sec. 36-56. Appeals. (a) The planning commission may also hear and decide appeals where it is alleged there is an error in any requirement, decision or determination made by any city official in the enforcement or interpretation of this article. The appeal shall be limited to the correctness of the city official's application of the article and shall not be used to grant an exception or variance thereto. (b) Applications for appeals shall be made in writing to the planning director and shall be accompanied by a fee as set forth in appendix A to this Code to cover this cost of reviewing and processing the application. (Code 1988, ? 36-56; Ord. No. 1991-31, ? 4, 4-8-1991)

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

Virginia Beach City Code View whole ordinance
APPENDIX E TREE PLANTING, PRESERVATION AND REPLACEMENT Sec. 1.5. - Violations and penalties. Any person who violates any of the provisions of this ordinance [appendix] shall, upon conviction thereof, be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). Each day that a violation continues shall be considered a separate offense. (Ord. No. 1965, 6-11-90) Sec. 1.6. - Variances and appeals. A. The city manager or his designee is authorized, upon appeal in specific cases, to grant a variance from the terms of the ordinance [appendix] as will not be contrary to the public interest, when owing to special conditions, a literal enforcement of the provisions will result in unnecessary hardship, provided that the spirit of the ordinance [appendix] shall be observed and substantial justice done, as follows: 1. Strict application of the terms of the ordinance [appendix] will effectively prohibit or unreasonably restrict the use of the property. 2. Granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege. In authorizing a variance, the city manager or his designee may impose such conditions as may be necessary in the public interest. B. It is further provided that any decision of the city manager or his designee may be modified, reversed or affirmed by the city council upon appeal by any aggrieved party to such decision, if such appeal is filed within thirty (30) days of such decision. C. Final decision under this ordinance [appendix] shall be subject to review by the appropriate court of record, if filed within thirty (30) days from the date of council action. D. Notwithstanding anything in this section to the contrary, variances and appeals arising from provisions of the Chesapeake Bay Preservation Area Ordinance [Appendix F] included or incorporated in this ordinance [appendix] shall be in accordance with Section 110 or Section 111 of the Chesapeake Bay Preservation Area Ordinance as the case may be. (Ord. No. 1965, 6-11-90; Ord. No. 2153, 6-23-92; Ord. No. 2794, 12-9-03)