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Arlington  View whole ordinance
§ 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. § 67-2-2. Injury to or Removal of Trees and Shrubs. (a) It shall be unlawful for any person, including any person employed by or under contract to any utility company, to destroy, cut down, girdle, break, bend, wound, or in any manner injure or remove any tree or shrub upon any public right-of-way, any other County owned public land, or any public vehicular or public pedestrian access easements where the County is responsible for the maintenance of such easement without the written permission of the County Manager. Any person violating this Section shall be guilty of a Class 3 misdemeanor. (b) The County Manager shall not remove or permit removal of all or any part of any tree or shrub unless the County Manager has determined that the action proposed is necessary or desirable and will not be contrary to any County policy or plan or ordinance for or related to trees, shrubs, plants, or other vegetation. (c) The County Manager's permission under this section shall be evidenced by a writing that specifies the tree or shrub for which removal is permitted and the duration of the permission, except such written permission is not required if the removal is performed by County employees or County contractors or County agents. Such permission shall be issued only upon the conditions that (i) the applicant for permission agrees either to replace the tree or shrub specified to be removed at a rate and with guaranties in accord with the Tree Guidelines within one year of the date of the permission or immediately pays to the County an amount equaling the full value of the tree or shrub specified to be removed, at the option of the County Manager, and (ii) the applicant, in the event of destruction of or injury to an unspecified tree or shrub, agrees to either replace such unspecified tree or shrub at a rate and with guaranties in accord with the Tree Guidelines or to pay to the County an amount equaling the full value of the unspecified tree or shrub, at the option of the County Manager. The full value of a tree or shrub shall be determined by the County Manager in accordance with appraisal methods developed by the Council of Tree & Landscape Appraisers and published by the International Society of Arboriculture in Guide for Plant Appraisal .

Farmville  View whole ordinance
Sec. 27-5. Applicability. This chapter shall apply to trees, shrubs, and other plants within street rights-of-way, parks and other public places within the town. This chapter shall also apply to trees, shrubs and plants located on private property that constitute a public hazard or health threat as determined by the town manager through input from the director of public works and the town horticulturist. (Ord. No. 102, 6-15-2006) 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) Sec. 27-10. Construction of sidewalks to allow for growth. Insofar as possible, when any granolithic, concrete, brick or other permanent sidewalk is laid in any street along which trees or shrubs have been planted, care shall be taken that an opening around the same shall be left in such sidewalk large enough for the expected growth of the trees or shrubs. (Ord. No. 102, 6-15-2006) Sec. 27-11. Adjacent landowner responsibility. No person shall plant, remove, or disturb any tree on or within any town street rights-of-way, park or other public place without first obtaining permission from the town. (Ord. No. 102, 6-15-2006) Sec. 27-12. Tree protection. Trees that are to be saved or kept in construction projects shall be protected as follows: (1) No grading shall be done within the tree's drip line. (2) A temporary fence shall be constructed around the tree's drip line. (3) No equipment or machinery shall work within the fenced area. (4) No tools, equipment or supplies shall be stored inside the fenced area. (5) Landmark trees shall be protected. (Ord. No. 102, 6-15-2006)

Martinsville  View whole ordinance
VI. APPLICABILITY This Ordinance shall apply to trees, plants and shrubs located within street rights-of-way, parks and public places of the City. Trees, plants and shrubs located on private property that constitute a public nuisance shall be governed by the City’s Property Maintenance Code. X. 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 ordinance. XI. TREE PLANTING, MAINTENANCE, AND REMOVAL Tree Species – The City Tree Board develops and maintains a list of desirable trees for planting along streets in three sizes: small, medium and large. Spacing – The spacing of street trees will be in accordance with the three species size classes listed in this Ordinance, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect. Utilities – No street trees other than those species listed herein as small trees may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, gas line, transmission line or other utility. Distance from Curb and Sidewalk – The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three species size classes listed in this Ordinance, and no trees may be planted closer to any curb or sidewalk than the following: small trees 2 feet, medium trees 3 feet, and large trees 4 feet. Topping – It shall be discouraged as a normal practice for any person, firm, or City Department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where pruning practices are impractical shall be exempted from this Ordinance as determined by the Chief of Electrical Operations, Manager of Business and Technical Services or the Director of Financial and General Services. XII. ADJACENT LANDOWNER RESPONSIBILITY No person shall plant, remove, cut above the ground, or disturb any tree on or within any city street right-of-way, park, or other public place without first filing an application and procuring a permit from the Zoning Administrator. The person receiving the permit shall abide by the standards set forth in this Ordinance.

Middleburg  View whole ordinance
Section 215: Street Tree Planting Street trees shall be required along both sides of all newly constructed streets which are dedicated for public use. Street trees shall be planted in an area generally within 20 feet of the public right-of-way. The developer shall provide an average of at least one deciduous canopy tree for every 40 feet of street frontage. All trees shall have a minimum caliper of two inches when planted and a trunk at least 12 inches in diameter when fully mature.

Norfolk  View whole ordinance
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. 45-10. Disposal or surplus trees or urban forest products. The director may sell surplus nursery stock produced by the city and wood and other forest products generated through urban forestry and park operations which are not needed by the city. Monies generated from permit fees, donations, gifts and the sale of surplus nursery trees and wood or other forest products, or monies received as full compensation for the appraised value of trees removed by permit, shall be used solely for the purpose of enhancing urban forestry programs and operations. (Ord. No. 41,728, § 1, 2-15-05) Sec. 45-11. Payment in lieu of tree, shrub, and other vegetation replacement or mitigation. In any situation where replacement or mitigation is required, and it is impractical in the opinion of the director to perform replacement or mitigation, the director may accept a payment in lieu of replacement or mitigation. The payment due shall be determined by the director according to controlling arboriculture specifications and standards. (Ord. No. 41,728, § 1, 2-15-05) Sec. 45-20. Safeguards during construction work. For the purposes of safeguarding trees on city-owned property and in the resource protection area and intensely developed area in the Chesapeake Bay Preservation Overlay District in zoning ordinance) (sic) during construction, including pruning, overhead or underground utility, installations and excavations, within the critical root zone, the following conditions shall apply to all trees other than those for which a permit has been issued authorizing removal: (1) Prior to the commencement of construction, all trees, shrubs and other vegetation on the building site or within the project area shall be inventoried by the applicant or contractor as to species, diameter at breast height (four and one-half (4.5) feet above ground) expressed in inches crown-spread expressed in feet, and location on the lot, and the inventory shall be clearly and accurately shown to scale on a map, drawing, or plat of known scale, and shall be submitted to the bureau of parks and forestry. (2) Damage to any trees, shrubs and other vegetation during construction shall be immediately reported by the person causing the damage, or the owner, to the city forester, and the applicant shall treat the tree for damage in the manner specified by the director. (3) Excavations within the critical root zone of any tree, except within the paved roadways and for all emergency repairs to existing underground utilities, shall be done only after consultation with the director and then only to the extent authorized in the permit and in accordance with all controlling arboricultural specifications and standards and city tree protection notes and details. (4) Unless otherwise allowed by the director, approved protective fencing shall be installed at the crown-spread or critical zone of all trees, shrubs and other vegetation located within the work zone prior to the commencement of any construction activity including mobilization, except for construction activities which limit disturbance to within the paved roadways (from face of curb to face of curb) and for emergency restoration of existing underground utility service, in order to prevent unnecessary damage to the trunk, crown, root system or soil environment. (5) Whenever excavations, approved through a permit issued by the director, are made within the critical root zone of trees, shrubs and other vegetation appropriate measures as specifically described or referenced in the permit or City of Norfolk tree protection notes and details, shall be taken to protect the root system (roots and rooting environment) from any damage or loss, desiccation, and soil compaction. (6) Except on improved paved roadways (from face of curb to face of curb), no material of any sort, including, but not limited to, soil, dirt, rock, stone, rubble, bricks, concrete, concrete rinse, mortar mix, asphalt, steel, wood, construction supplies, dredge spoil, fill material, organic wastes, herbicides, oil, gasoline, diesel fuel, chemicals, paint, paint thinners, waste water, construction effluents, or other materials detrimental to trees, shrubs and other vegetation or soil environment, shall be placed within the crown-spread or critical root zone of any tree, shrubs and other vegetation or uphill from such where said substance might reach the roots through a leaching process without a tree permit specifically approving same. (7) Except on paved roadways and for emergency restoration of existing utility service to original capacity, and for construction projects where a permit has been issued by the director authorizing the use of equipment fundamental to the proposed construction activity within the critical root zone, no vehicles or heavy equipment shall be permitted within the critical root zone of any trees, shrubs and other vegetation. (Ord. No. 41,728, § 1, 2-15-05) Sec. 45-21. Stop work order. The director may order the cessation of any work to any tree, shrub or other vegetation located on private property or public property when such work is completed in an unsafe manner which is deemed threatening to any property owned or controlled by the city, or the health, safety or welfare of the general public, or when such acts constitute a violation of this chapter. The director may further direct whatever action is reasonably necessary to protect the public safety, including, but not limited to, establishment of worker qualifications and work standards and specifications, hold harmless indemnification, and a liability insurance policy in the amount established by the director which names the city as an additional insured. (Ord. No. 41,728, § 1, 2-15-05) Sec. 45-22. Public nuisance. (a) Any tree, shrub or other vegetation or a portion thereof, whether located on city-owned property or on private property, which by reason of its location or condition constitutes an imminent danger to the public health, safety or welfare of the general public shall constitute a public nuisance. (b) Any tree, shrub or other vegetation or a portion thereof, whether located on city-owned property or on private property, which dangerously obstructs free passage of pedestrian or vehicular traffic shall constitute a public nuisance. (c) Any tree, shrub or other vegetation or a portion thereof, whether located on city-owned property or on private property, which dangerously obstructs the view in the "visibility triangle" as defined in the city street tree planting and location standards shall constitute a public nuisance. (d) Any tree, shrub or other vegetation growing on private property, when infested by any insect or infected by any disease, which by reason of such infestation or infection endangers the life or growth or healthful existence of other trees, shrubs or other vegetation within the city not so infested or infected shall constitute a public nuisance. (e) Any tree, shrub, or other vegetation growing on private or public property, which by reason of its invasive or aggressive growth habit encroaches upon or threatens any rights-of-way, park, or other city-owned property shall constitute a public nuisance. (Ord. No. 41,728, § 1, 2-15-05) Sec. 45-23. Eradication of public nuisance; public or private property. (a) Any public nuisance as specified in this article which is located on city-owned property shall be pruned, removed, or otherwise treated by the director in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery. (b) Any public nuisance as specified in this article which is located on private property shall be pruned, removed, or otherwise treated by the property owner or his agent in whatever fashion is required to abate the nuisance. (c) In the event that a confirmed infestation or infection, as described in section 45-22, shall occur, the director, at the convenience of the city and when authorized by the city manager, may cause such abatement measures as he shall deem appropriate to be accomplished at public expense. (Ord. No. 41,728, § 1, 2-15-05) Sec. 45-24. Notice. In the event of a public nuisance existing on private property, the director shall cause a written notice to be personally served, posted on the property, or sent by regular mail to the person to whom was sent the tax bill for the real estate taxes for the last preceding quarter. Such notice shall describe the kind of tree, shrub or other vegetation which has been declared to be a public nuisance, its location on the property, the reason for the declaration of a nuisance and shall state the actions that the property owner may undertake to abate the nuisance and the time limit for the abatement. Failure to abate in the time specified shall constitute a violation of this chapter. (Ord. No. 41,728, § 1, 2-15-05) Sec. 45-25. Abatement by city. If such nuisance remains on any land or premises after the expiration of the time specified in the notice given under this section, the director may cause the same to be abated or removed therefrom at the expense of such person, or of the occupant or owner of such land or premises, as the case may be. In addition, an administrative fee, as prescribed by the Code of Virginia and as approved by the city manager, shall be assessed in each case. If the land is unoccupied and the owner is not a resident of the city, notice of abatement by the city shall be given by mailing or delivering a letter to the last known address of the owner no less than five (5) days before the abatement by the city. If the abatement is done at the expense of the owner, the expense of abatement or removal and the administrative fee shall be a lien upon such land or premises and shall be reported to the city treasurer, who shall collect the same in the manner in which city taxes levied upon real estate are authorized to be collected. Such expenses shall be docketed in a book kept for that purpose in the office of the city treasurer and indexed in the name of the person owning such premises or land at the time such lien accrued. (Ord. No. 41,728, § 1, 2-15-05)

Virginia Beach  View whole ordinance
Sec. 1.4. Application. The terms and provisions of this ordinance [appendix] shall apply to property as follows: 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 3/4) 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. Insuch 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.

Waynesboro  View whole ordinance
Sec. 90-30. Protection of trees. (a) All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work shall be guarded with a good substantial fence, frame or box not less than four feet high and eight feet square or at a distance in feet from the tree equal to the diameter of the trunk in inches dbh, whichever is greater. All building material, dirt or other debris shall be kept outside the barrier. (b) No person shall excavate any ditches, tunnels, trenches or lay any drive within a radius of ten feet from any public tree without first obtaining written approval from the department of public works. (Code 1964, § 29-5) Sec. 90-31. Placing materials on public property. No person shall deposit, place, store or maintain upon any public place of the city any stone, brick, sand, concrete or other materials which may impede the free passage of water, air and fertilizer to the root of any tree growing thereon except by written permit of the department of public works. (Code 1964, § 29-6) Sec. 90-32. Planting in rights-of-way. It shall be unlawful for any person to plant or cultivate any trees within a public right-of-way without first obtaining a permit therefor from the city horticulturist. (Code 1964, § 29-7) Sec. 90-33. Removal; replanting; replacement. (a) Wherever it is necessary to remove a tree from a treelawn in connection with 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. (b) No person shall remove a tree from the treelawn for the purpose of construction or for any other reason without first filing an application and procuring a permit from the city horticulturist and without replacing the removed tree to the satisfaction of the horticulturist. The person or property owner shall bear the cost of removal and replacement of all trees removed. (c) 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)

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