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Chesapeake  View whole ordinance
§ 19-601. All sites.
A. Landscaping plan requirements.
1. A preliminary landscaping plan, showing the location and dimensions of green space, buffer yards, and existing and known proposed public and private easements, shall be required as part of any preliminary site plan for all multifamily and nonresidential developments and for all residential major subdivisions where rear or secondary front yards abut an existing or proposed right-of-way 80 feet or more in width.
2. A final landscaping plan, prepared by a landscape designer, shall be submitted in the following circumstances: (1) as part of the final site plan for any multifamily or nonresidential development; (2) as part of the building permit application for any single-family or duplex residential construction on a lot, and (3) as part of any final subdivision plan for a residential major subdivision where rear or secondary front yards abut an existing or proposed right-of-way80 feet or more in width.
3. Such landscaping plans shall contain the landscaping and/or plant replacement specifications required under this ordinance, including the Chesapeake Landscape Specifications Manual, which is hereby incorporated into and made a part of this ordinance by reference.
B. Site analysis. A site analysis, including all tree preservation areas, is required as part of the submittal of each preliminary and final subdivision plat, site plan, or erosion and sediment control plan submitted to the city. Such site analysis shall, by plan and narrative, include all those elements required by the Chesapeake Landscape Specifications Manual. The site analysis may, upon approval of the city arborist based on-site conditions, be presented in a narrative format only.
C. Townhouse communities. In town home communities where adequate space does not exist for the placement of trees otherwise required under this ordinance, the city may approve the placement of trees in open spaces, common areas or end lots where adequate and appropriate space for mature growth exist. If such a plan is approved, it shall be the developer's responsibility to set forth a schedule for the installation of these plantings that meets the approval of the city. Further, the developer shall be responsible to call for city inspection and approval of said landscaping upon completion.
D. Parking areas.
1. Green space meeting the definition contained in the Chesapeake Landscape Specifications Manual shall be provided within the interior of parking areas at a ratio of 30 square feet of green space per each parking space required under this ordinance. Only those areas directly adjacent to and directly associated with the rows of parking will count towards required green space.
2. The equivalent of 300 square feet of large tree canopy coverage (appendix B of the Chesapeake Landscape Specifications Manual) shall be planted for each 150 square feet of interior green space required.
3. Where feasible, as determined by the city arborist, utilities shall be located outside of required green space.
4. Green space containing less than 150 square feet in contiguous area will not count toward interior green space required for parking. Individual green areas 150 square feet or more in contiguous area shall not substitute for more than 1,000 square feet of interior green space required for parking.
5. A maximum of 30% of the required interior green space may be combined with required buffer yards when natural vegetation is being retained in any such buffer yard. This combination of required areas shall only be permitted in the vicinity of, and in conjunction with, tree preservation, as approved by the city arborist. When tree preservation is approved by the city arborist, up to 1,500 square feet of contiguous interior green space may count toward interior green space requirements.
6. Green space no smaller than 9 x 18 feet in size, and containing at least one large tree, shall be required at both ends of each row of parking spaces containing 7 or more spaces. All parking lot trees shall be large trees, as listed in the Chesapeake Landscape Specifications Manual, unless otherwise approved by the city arborist due to extenuating circumstances.
E. Buffer yard requirements.
1. Where the zoning classification for a site to be developed under this section is more intense than the classification of a property bordering such site, the landscaping plan for the more intensely zoned site shall include provisions for a buffer yard and/or structure required along the length of the property line that separates the site from the property having a less intense zoning classification, as provided for in section 19-610 below.
2. A vegetated buffer as described in and required by section 19-610 shall be installed on those sites bordering public or private streets, including alleys, service drives and rights-of-way, unless waived or modified by the city arborist pursuant to section 19-606 of this ordinance. All required landscaping shall be set back from the street and ingress/egress points an adequate distance to provide clear visibility, in accordance with section 19-204 of this ordinance. Tree locations and spacing may be adjusted to provide reasonable visibility of signage and to ensure safe ingress/egress.
3. Street frontage hedges shall be restricted to a mature height of 4 feet except where they are required to screen service entrances and outside storage areas, where they shall be maintained at a height of 6 feet.
4. A minimum of 7 feet width, or 50 % of the required width, whichever is greater, of any required buffer yard must be located outside of all public or private easements. Where feasible, required trees must be located outside of all public easements or private utility easements. The city arborist shall determine on a case-by-case basis whether the location of trees outside of a particular utility easement is feasible, giving due consideration to such factors as topography, size of the lot and site design. No trees shall be planted in an easement where prohibited by the deed or agreement by which the easement was created. Required shrubs may be planted within a utility easement, provided that shrubs are not prohibited by the deed or agreement which created the easement. If no deed or agreement exists, no plant materials shall be placed in the easement area without the express permission of all persons having rights or interest in the easement.
5. Buffers required adjacent to public or private rights-of-way with an existing or proposed width of 80 feet or more are to be provided by the landowner or developer and depicted on the final subdivision plat recorded in the clerk's office of the circuit court of the City of Chesapeake. The plat shall contain a note stating that no structure shall be located in the buffer and that all plant materials therein are to be maintained by the owner of the property.
6. Screening for communication towers shall be in conformance with section 13-606 of this ordinance.
7. A buffer yard D as described in Section 19-610 of this ordinance, with a three-foot berm, shall be required where the rear of any commercial or industrial building faces a public or private right-of-way having an existing or proposed width of 80 feet or more.
8. For additional buffer yard and screening requirements, see Section 14-200, Fences, walls and hedges; Section 14-500, Trash receptacles; and Section 14-700, Signs.
(Ord. No. 97-O-141, 11-18-97)
Sec. 19-602. Tree preservation and canopy requirements.
The landscape plan for every site shall contain the tree preservation and canopy requirements set out below.
A. Tree preservation areas. Tree preservation areas which are marked on the plan shall be clearly delineated on the site. These areas are to be protected from traffic, equipment, excavation, stockpiles and staged materials. Areas set forth as tree preservation areas must remain marked and protected during construction in order to be included in the calculation of the required canopy.
B. Tree canopy requirement--Nonresidential development. Each plan for nonresidential development shall provide a landscaping plan that, at tree maturity, provides a minimum canopy of ten percent (10%) of the calculation area.
C. Tree canopy requirement--Residential development. Each residential plan shall provide a landscaping plan that, at tree maturity, provides minimum tree canopy as set out below.
1. Tree canopy totaling fifteen percent (15%) of the calculation area for a residential site zoned for multifamily or townhouse use.
2. Tree canopy totaling twenty percent (20%) of the calculation area for all residential sites other than property zoned for multifamily or townhouse use, provided that no more than eleven (11) large trees or twenty-one (21) small trees, or combination thereof approved by the City Arborist as being consistent with canopy coverage calculations, shall be required for lots one-half acre in size or larger. Such trees shall be 6--8 feet in height at the time of planting.
D. Requirements for preservation and replacement. The canopy requirements set out above shall be met by preservation or replacement methods as indicated in the Chesapeake Landscape Specification Manual. Where final site conditions will make the successful preservation of existing plants unlikely, the City of Chesapeake may direct the owner or developer to provide new, appropriate species and locations to ensure canopy coverage as set forth by the ordinance.
E. Incentives for preservation of trees. A credit toward canopy requirements will be given for the preservation of an outstanding tree, as defined in the Chesapeake Landscape Specifications Manual, or for the preservation of a cluster of trees, approved by the city arborist, pursuant to the following:
1. The credit provided per outstanding tree will be 2.0 multiplied by the area defined by the boundaries of the existing drip line of the tree.
2. The credit provided for a cluster of trees will be 1.25 multiplied by the area defined by the boundaries of the existing drip line of the cluster.
3. Credit shall only be given under this subsection if the entire area under the drip line of the outstanding tree or cluster of trees is preserved in a manner satisfactory to the city arborist.
4. In the event one or more trees to be preserved under this subsection is destroyed or, in the opinion of the city arborist, is significantly damaged during clearing or construction activities, or is willfully destroyed, injured or removed, the person responsible for such destruction, injury or removal shall replace such trees by planting or preserving one (1) large tree of four (4) inch caliper and one (1) small tree six (6) to eight (8) feet in height within every 300 square feet of area in which the damaged or destroyed tree or trees stood.
F. Placement of newly provided landscaping for certain residential districts. A minimum of one large or two small trees, as specified in the Chesapeake Landscape Specifications Manual, shall be planted in the front yard of each residential lot for residential districts allowing ten or fewer dwelling units per acre.
(Ord. No. 97-O-141, 11-18-97; Ord. No. 98-O-042, 3-17-98; Ord. No. 98-O-156, 10-20-98)
Sec. 19-603. Reserved.
Editor's note: Ord. No. 97-O-141, adopted Nov. 18, 1997, repealed § 19-603, which pertained to nonwooded sites and which derived from Ord. No. 93-O-145, adopted Oct. 21, 1993.
§ 19-604. Final inspection and approval.
A. Approval required for permanent certification of occupancy; temporary certificates. Prior to issuance of a permanent certificate of occupancy, the required landscaping shall be in place, and damaged or dead plants shall be pruned, removed or replaced as required by the city arborist to ensure compliance with this ordinance. In the event that one of the following circumstances exists, a temporary certificate of occupancy, of an appropriate duration, may be issued. When such temporary certificate of occupancy is desired, the owner, developer, or builder shall submit in writing the circumstances justifying the request and the specific requested duration of the temporary certificate of occupancy.
l. Planting season does not permit immediate installation.
2. Weather conditions prohibit installation.
3. Specified plant material is not available.
4. Site conditions beyond the control of the owner, builder, or developer do not permit immediate installation.
B. Reinspection and approval. When the required landscaping is complete, the owner, builder or developer shall call for are inspection. After approval by the city of Chesapeake, the permanent certificate of occupancy will be issued, provided there are no other impediments.
C. Bond requirement. The city may require that a bond or other security acceptable to the city be provided as a condition of development in order to ensure the timely completion of the landscape plan. No bond shall be required for single-family residential developments other than detached condominium units.
(Ord. No. 97-O-141, 11-18-97)
§ 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 city arborist 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)
§ 19-607. Additions or modifications to existing development.
Additions or modifications to existing development shall be landscaped according to this ordinance. Landscaping requirements shall be confined to the area of new development. Decisions regarding the extent of new landscaping or preservation required will be made by the city of Chesapeake in accordance with this standard and may be appealed to the planning commission for a final decision.
§ 19-608. Conditional use permits.
A. Additional landscaping requirements. In addition to the landscaping requirements otherwise applicable to a use for which a conditional use permit is required, city council may impose further landscaping requirements as a condition of granting of any such use permit, in order to ensure the compatibility of the site with surrounding properties.
B. Buffer yard requirements. Unless otherwise specified by city council, the buffer yard requirements for a use requiring a conditional use permit shall be based upon the zoning classification in which such use is a permitted use under this ordinance. When such use is not a permitted use in any zoning classification under this ordinance, the buffer yard requirements shall be based upon the most intensive zoning classification in which such use is a conditional use.
§ 19-610. Tables and buffer yard standards.
The tables entitled "Buffer Yard Standards" and "Table of Required Buffer Yards" are hereby made a part of this ordinance and shall be used to determine the nature and type of each buffer yard that is required for a site that is subject to this ordinance.
§ 19-610. Buffer yard standards. **PLEASE SEE THE WHOLE DOCUMENT**
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. 27-13. Private trees.
The town manager in collaboration with the town horticulturist and the director of public works, is allowed to enter private land whereon there is located a tree, shrub, plant, or any part thereof is suspected to be a public health threat or nuisance to public property and to order its removal if necessary.
(Ord. No. 102, 6-15-2006)
Lynchburg View whole ordinance
Section 35.1-25.1.2 Applicability
(a) The provisions of this Ordinance are applicable to the development or
redevelopment of any property after the effective date of this Ordinance and
located in an R-4, R-5, B-1, B-2, B-3, B-4, B-5, B-6, I-1, I-2 or I-3 District or to
any use requiring conditional use permit approval.
(b) When an existing use is expanded, enlarged, or redeveloped as defined in Section 35.1-11.5, (c) of the zoning ordinance only those portions of the property subject to the expansion, enlargement, or redevelopment are subject to the provisions of the landscaping ordinance.
(c) It is not the intent of this Ordinance to regulate landscaping for one or two
family dwellings.
Section 35.1-25.1.4 General Regulations.
(a) Landscaping within a sight distance triangle shall not include any evergreen
trees, and shall not include shrubs exceeding three (3) feet in height above
the ground at maturity. Tree limbs within a site distance triangle shall be
raised to ensure visibility for motor vehicle safety, but in no case shall tree
limbs be raised more than sixteen (16) feet above the ground.
(b) When a determination of the number of trees or shrubs results in a fraction,
any fraction shall be rounded up to count as one (1) tree or shrub.
(c) Existing vegetation within the development area and at least three (3)
inches in caliper that meets the requirements of the Landscaping Ordinance
may be preserved and may be used to meet all or part of the landscaping
requirements.
(d) Removal of healthy trees eighteen (18) inches or greater in caliper is
discouraged. For each healthy tree eighteen (18) inches or greater in
caliper that is retained within the development area a credit of twelve (12)
trees shall be given towards meeting the requirements of the Landscaping
Ordinance.
(e) All landscaped areas shall be covered with an appropriate ground cover,
mulch, or decorative landscape stone. Where mulch or decorative
landscape stone is used, it shall be installed to a depth of not less than two
(2) to three (3) inches. The use of gravel and/or riprap is prohibited.
(f) All slopes shall be covered with an appropriate ground cover. The use of
riprap for ground cover on any slope visible from a public or private street,
or residential district is prohibited.
(g) All retaining walls visible from any public or private street or residential
district shall be constructed of segmental block, brick, treated wood, stone
or stamped and colored concrete that gives the appearance of brick or
stone. Retaining walls that consist of creosote materials are prohibited.
Retaining walls of other materials are permitted provided that they are
supplemented with landscape material as follows:
1. Retaining walls less than eight (8) feet in height, one (1) large evergreen
shrub per three (3) linear feet of wall.
2. Retaining walls eight (8) feet in height or greater, one (1) large
evergreen shrub per three (3) linear feet of wall and one (1) ornamental
tree per twenty (20) linear feet of wall.
(h) All trees used to satisfy the requirements of the Landscaping Ordinance
shall be in accordance with the Citys Master Tree List. The Citys Master
Tree List shall be maintained by the Citys Urban Forester. The Citys
Urban Forester may approve the substitution of a different species of tree in
circumstances of disease, drought, or overhead utility lines.
(i) No tree, shrub and/or ground cover contained on the Invasive Alien Plant
Species of Virginia list as maintained by the Department of Conservation of
Virginia (DCR) and the Virginia Native Plant Society may be planted or used
to satisfy any portion of the Landscaping Ordinance.
(j) Where the planting of trees that have a height at twenty (20) year maturity
would interfere with overhead utility lines, the Urban Forester shall as part of
the site development plan approval require the substitution of a tree with
lesser maturity height or allow placement of trees in a manner that will not
interfere with overhead utility lines, provided that the general intent and
purpose of the Landscaping Ordinance is met.
(k) All disturbed areas not used for operations, including slopes shall be
landscaped at the rate of twenty (20) trees per acre. Required trees may be
any combination of deciduous or evergreen and may be placed in creative
groupings.
(l) Parking garages are subject to the regulations of Section 35.1-25.1.9,
Foundation Plantings only.
Section 35.1-25.1.5 Landscaping Plan Required.
When required as part of a preliminary site development plan, a landscape plan
shall indicate the following information:
(a) The location, size, height at planting, and botanical name of all required
landscaping.
(b) The location, size, and botanical name of any existing landscaping
proposed to be used or required to satisfy any portion of the Landscaping
Ordinance.
(c) The dimensions of all required landscape islands.
When required as part of a final site development plan, a landscape plan shall
indicate a, b and c above and the following additional information:
(d) A tree protection detail as specified in STD & SPEC 3.38, Tree
Preservation and Protection, in the 1992 edition of the Virginia Erosion and
Sediment Control Handbook for all landscaping proposed or required to be
preserved to satisfy the requirements of the Landscaping Ordinance.
Tree Protection Detail
(e) A planting detail for all trees, shrubs, and ground cover used to satisfy the
requirements of the Landscaping Ordinance.
(f) A planting, fertilization, and watering schedule for all trees, shrubs and or
ground cover used to satisfy the requirements of the Landscaping
Ordinance. The schedule shall cover a period of one (1) year after
installation of the required landscaping.
(g) A description of soil amendments necessary to support the growth of all
required trees and shrubs.
Section 35.1-25.1.6 Residential Street Tree Landscaping.
In the event of the subdivision of any land for residential purposes where it is
proposed that new City streets will be dedicated or existing City streets will be
extended to serve said subdivision the following landscaping requirements apply:
(a) Shade type trees shall be planted at the rate of two (2) trees for every forty
(40) feet of the new street centerline or Ornamental trees may be
substituted at the rate of two (2) trees for every thirty (30) feet of the new
street centerline.
(240 / 40) x 2 = 12 Shade Trees
(240 / 30) x 2 = 16 Ornamental Trees
Calculation of Street Trees for New Residential Subdivisions
(b) Required landscaping shall be placed within the proposed right of way and
no required landscaping shall be planted on any private property.
(c) Trees shall be placed in a manner to prevent interference with driveways,
drainage areas and/or utilities.
(d) In order to prevent damage to trees, required landscaping installed prior to
completion of construction of the subdivision shall be protected as provided
in Section 35.1-25.1.5(d).
(e) Prior to the acceptance of any new road by the City the developer shall do
one (1) of the following:
1. Install all required street trees.
2. Post a performance bond for the amount of all required street trees,
related materials and installation cost.
3. At the discretion of the developer, a cash payment may be made to the
City for all required street trees, related material and installation cost. At
such time a cash payment is made to the City, installation of the required
landscaping becomes the responsibility of the Citys Urban Forester and
landscaping shall be installed within a reasonable time period.
Section 35.1-25.1.7 Parking Area Landscaping.
Parking areas are subject to the following landscaping standards:
(a) All parking rows and parking bays shall be capped with a landscaped island.
(b) Parking areas with less than two hundred (200) parking spaces.
1. One (1) shade type tree for every eight (8) parking spaces, planted
within landscape islands, reasonably dispersed within the parking area
so that no more than fifteen (15) to twenty (20) parking spaces exist
between landscape islands.
2. One (1) medium shrub for every one (1) parking space shall be planted
within landscape islands containing required trees.
(c) Parking areas with more than two hundred (200) parking spaces.
1. One (1) shade type tree for every eight (8) parking spaces, planted
within landscape islands, reasonably dispersed within the parking area
so that no more than fifteen (15) to twenty (20) parking spaces exist
between landscaped islands.
2. One (1) medium shrub for every one (1) parking space shall be planted
within landscape islands containing required trees.
3. One (1) landscape median six (6) feet in width for every three (3) parking
bays shall be installed. The landscape median shall be required to
extend the full length of the parking bay and shall include twenty (20)
percent of the required parking area landscaping.
1 Median Every 3rd Parking Bay
Landscape Median Required
(d) Wheel stops, curbing, or other barriers shall be provided to prevent damage
to required landscaping by vehicular traffic. Protection shall be installed to
prevent soil erosion from the landscape area.
(e) Parking Area Screening.
1. In all instances where parking areas are adjacent to public or private
streets, a screen with a minimum height of three (3) feet at time of
installation shall be provided along the entire length of the parking area
exclusive of driveways and entrances. The minimum planting width for
the screen shall be six (6) feet.
2. For the purposes of this section, any of the following combination of
landscaping and berms may be used to fulfill this requirement:
(a) One (1) large shrub per three (3) feet of street frontage.
(b) Earthen Berm with three (3) small shrubs per three (3) feet of street
frontage.
(c) Earthen Berm with one (1) medium shrub and one (1) small shrub
per three (3) feet of street frontage.
(d) Any combination of a, b or c above.
3. Earthen berms shall vary in width and height and shall be curvilinear in
form and provide a gentle tie-in with the existing grade. Average height
of earthen berms used to satisfy this requirement shall be three (3) feet
in height.
Parking Area Screening
(f) Parking Area Exceptions.
1. Where the primary use of a parking area is for the sale of motor vehicles,
recreational vehicles, trailers, boats, tractors, or mobile homes the
required parking area landscaping and parking area screening may be
disbursed in a reasonable manner so as not to interfere with display and
maintenance.
Section 35.1-25.1.8 Street Trees for Multi-Family, Commercial and Industrial
Districts.
(a) For all multi-family, commercial and industrial developments, street trees
are required at the rate of one (1) shade tree for each forty (40) feet of street
frontage or in the case where overhead utility lines prohibit the planting of
shade trees one (1) ornamental tree for each twenty (20) feet of street
frontage.
(b) Required street trees shall be planted along the property line that fronts the
street and shall not be planted within the public right-of-way or within any
utility easements.
(c) Street trees within the site distance triangle may be raised to allow for
visibility.
Section 35.1-25.1.9 Foundation Plantings.
(a) All sides of multi-family, commercial, or industrial buildings, which front on a public or private street or are visible from an adjacent residential district, shall be landscaped with foundation plantings as follows:
(1) One (1) ornamental tree per fifty (50) linear feet of building, and
(2) One (1) large shrub per ten (10) linear feet of building, or
(3) One (1) medium shrub and one (1) small shrub per ten (10) linear feet of building, or
(4) Three (3) small shrubs per ten (10) linear feet of building, or
(5) Any combination of 2, 3 or 4 above.
(b) Foundation plantings may be placed in collective groupings along the perimeter of the building for which required.
(c) In the event that the city planner determines that topography or other landscaping would prevent the required foundation plantings from being visible from a public or private street or an adjacent residential district, the only foundation plantings that shall be required are for the wall of the building on which the main entrance is located.
Section 35.1-25.1.10 Utility Screening
(a) Loading areas, refuse areas, storage yards, stormwater management
ponds, HVAC equipment, water vaults, Reduced Pressure Zone (RPZ)
devices or other objectionable items shall be screened from view of any
public or private street, or any adjacent residential district.
(b) Stormwater Management Facilities intended for display as a water feature
or naturalized planting area are exempt from screening requirements.
(c) Screening may be accomplished by a combination of existing evergreen
vegetation, walls, fences, earthen berms and new evergreen vegetation
appropriate to screen the equipment or activity. The required height of
screening at installation shall be sufficient to screen the equipment or
activity.
(d) The use of chain link fence as the sole method of screening is prohibited.
Where it is deemed appropriate by the property owner or developer for
security purposes, it shall be screened from view as listed in paragraph c
above.
Section 35.1-25.1.11 Buffering
(a) In all instances where a commercial district, industrial district, or any
parking area is located adjacent to any residential district, or a multi-family
residential district is adjacent to a one or two family residential district, a
vegetative evergreen buffer shall be established on the property for which
said buffer is required.
(b) Where required, the planting area for buffering shall be a minimum of
twenty (20) feet in width extending along the entire length of the
development area and shall generally be required along the property line
unless topographic or other considerations would make it more effective
located back from the property line.
(c) The vegetative buffer shall consist of a staggered evergreen tree line with
a baseline filler of medium height evergreen shrubs. The evergreen tree
material shall be a minimum of four (4) feet in height at time of planting.
The evergreen tree line shall be planted in rows fifteen (15) feet apart and
staggered ten (10) feet on center. In lieu of the baseline filler an earthen
berm may be used. The earthen berm shall vary in width and height and
shall be curvilinear in form and provide a gentle tie-in with the existing
grade. Average height of earthen berms used to satisfy this requirement
shall be three (3) feet in height.
(d) Where appropriate existing vegetation may be used to satisfy this
requirement. Existing vegetation may be required to be supplemented
with additional evergreen material in order to meet the buffering
requirements. The need for additional evergreen material shall be
determined during the site development plan review process.
Section 35.1-25.1.12 Tree Canopy Requirements
(a) For purposes of this section, tree canopy shall include all areas of
coverage by existing plant material exceeding five (5) feet in height, and
the extent of planted tree canopy at maturity shall be based on the
published reference text, Manual of Woody Landscape Plants, fifth
edition, 1998, by Michael A. Dirr.
(b) The planting or replacement of trees on a development site shall be
required to the extent that, at a twenty (20) years, minimum tree canopies
will be provided as follows:
Zoning District Minimum Tree Canopy Required
B-1, B-2, B-3, B-4, B-5, B-6, I-1, I-2, I-3 10% of entire development site
R-4, R-5 10% of entire development site
R-3 15% of entire development site
R-C, R-1, R-2 20% of entire development site
(c) Existing trees that are to be preserved may be included to meet all or part
of the tree canopy requirements.
(d) Existing trees infested with disease or structurally damaged to the extent
that they pose a hazard to person or property, or to the health of other
trees on site, shall not be included to meet the tree canopy requirements.
(e) Tree Canopy requirements do not replace, or negate full compliance with,
the requirements of any other section of the Landscaping Ordinance.
However, if planting of landscaping required by this Ordinance meets or
exceeds the tree canopy requirement, no further planting of trees or
replacement of trees is required by this section.
(f) In areas zoned B-4, Central Business District, B-6, Riverfront Business
District or where the City Planner determines that Crime Prevention
through Environmental Design (CPTED) principles apply, the City
Planner, in consultation with the Citys Urban Forester, may allow the offsite
planting of up to ninety-nine (99) percent of the required street trees,
parking area screening, buffering and foundation plantings. Off-site
planting areas shall be within the City Limits and in such location as
approved by the City Planner.
(g) The following shall be exempt from the tree canopy requirements.
1. Dedicated K-12 School sites.
2. Playing fields and other non wooded recreation areas
3. Designated Wetlands
4. Other facilities and uses similar in nature as determined by the City
Council.
Section 35.1-25.1.13 Installation.
(a) The planting of trees shall be done in accordance with either the
standardized landscape specifications jointly adopted by the Virginia
Nurserymens Association and the Virginia Society of Landscape Designers,
or the Virginia Chapter of the American Society of Landscape Architects.
(b) All landscaping used to satisfy the requirements of the Landscaping
Ordinance shall meet the specifications and standards of the American
Association of Nurserymen.
(c) Any tree used to satisfy the requirements of the Landscaping Ordinance
shall be a minimum of one and one half (1.5) inches in caliper at time of
planting.
(d) Required landscaping shall be installed in accordance with an approved site
development plan. Required landscaping shall be completed prior to
occupancy or the property owner or developer may provide a guarantee in a
form acceptable to the Zoning Administrator that ensures installation.
1. A guarantee for required landscaping shall be in an amount equal to one
hundred twenty percent (120%) of the cost of all plants, related materials
and installation. Amount is subject to approval of the Citys Zoning
Administrator and Urban Forester.
2. All required landscaping shall be installed, inspected, and approved
within six (6) months of acceptance of the guarantee.
3. 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 obtain and or maintain
a guarantee. After declaration of the water emergency ends, the
property owner shall be required to install all trees, plants, screening and
related materials within six (6) months.
Section 35.1-25.1.14 Maintenance
(a) After the Zoning Administrator determines 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 consistent with the approved site development
plan.
(b) In the event required landscaping as shown on the approved site
development plan is dead or damaged, it shall be replaced by the property
owner after notification by the Zoning Administrator. The Zoning
Administrator may accept a guarantee in the amount of one hundred twenty
percent (120%) of the cost of all damaged or dead plants, related materials
and installation.
(c) All required trees and shrubs as shown on the approved site development
plan shall be allowed to grow until maturity and shall not be removed, unless
a suitable replacement is provided that meets the standards of this
Ordinance and shown on an approved landscaping plan. Pruning
techniques shall be done in accordance with the standards adopted by the
American National Standards Institute (ANSI), A300, Part 1, Standard 1 and
the International Society of Arboriculture (ISA). Topping of trees is
inappropriate. Any tree that dies as the result of topping shall be replaced
by the property owner.
Section 35.1-25.1.15 Stormwater Quality Credit
All landscaping required by this Ordinance or preserved as shown on an
approved site development plan, shall receive a credit towards meeting water
quality requirements as required by the plan approving authority.
Section 35.1-25.1.16 Alternate layout of landscaping.
The City Planner with the concurrence of the Planning Commission may approve
an alternative layout to landscaping required by this Ordinance provided that the
spirit and intent of the Ordinance are preserved and the goals of Section 35.1-
25.1 are assured.
Sec. 35.1-14. Site plan review.
(a) Intent. Site plan review is intended to ensure proper design in types of
development which can have deleterious effects on their surroundings. These
effects are subject to modification or reduction through the physical design of such
development. Review of the design, therefore, is aimed at the greatest possible
benefit to the community as a result of building and site design.
(b) Developments subject to site plan review. The following types of development
shall be subject to the site plan review provisions of this ordinance, including
petitions for a rezoning request or for a conditional use permit request:
(1) All commercial and industrial facilities, including off-street parking;
(2) All institutional facilities, such as schools, hospitals and clubs;
(3) All residential developments, involving more than two (2) dwelling units in one
(1) building or on one (1) lot;
(4) Planned unit developments (see Section 35.1-42.1 et seq.);
(5) Conditional use permits (as specified in this ordinance).
(c) Site plan procedures and review:
(1) Definitions:
a. Schematic site plan. Plan to accompany all rezoning petitions with the exception
of CCD and PUD requests.
b. Preliminary site plan. Plan to accompany CCD requests; however, final CCD
rezoning approval will be contingent upon approval of a final site plan.
c. Final site plan. Plan required for final CCD rezoning approval and/or issuance of
a building permit.
(d) Plan requirements: The planning division will require an appropriate number of
clearly legible copies for each of the following applicable site plans.
(1) The schematic site plan shall include the following:
a. Name and address of petitioner and owner;
b. Name and location of development;
c. Property lines by metes and bounds;
d. Existing and proposed zoning;
e. Type of proposed zoning;
f. Owner, present use and existing zoning of all abutting property;
g. Existing and proposed streets, easements, rights-of-way and other reservations;
h. Ingress and egress points;
i. Proposed parking areas, materials for same and number of spaces;
j. Existing and proposed buildings;
k. Date, scale of not less than one (1) inch equals one hundred (100) feet, and north
point;
l. Limits of established one hundred (100) year floodplain;
m. Major natural features;
n. Required setbacks and areas for landscaping and buffering;
o. Location of existing water, storm and sanitary sewer lines.
(2) The preliminary site plan shall include for review by the appropriate city
department, in addition to the items specified for a schematic site plan, the
following:
a. Existing and proposed topography;
b. Location of proposed water mains, fire hydrants, pipe sizes, grades and direction
of flow;
c. Generalized erosion control measures;
d. Location of proposed utility lines, indicating where they already exist and
whether they will be underground;
e. Location of proposed storm and sanitary sewer systems, both surface and
subsurface, snowing pipe sizes, grade flow and design loads;
f. Vicinity map at a scale no smaller than one (1) inch equals six hundred (600) feet,
showing all streets and property within one thousand (1,000) feet of the subject
property;
g. Existing and proposed curb lines and sidewalks;
h. Location of proposed signs;
i. Proposed location and materials for disposal of refuse and other solid waste;
j. Recreation and/or open spaces;
k. Name and address of person(s) preparing the site plan;
l. Proposed buildings and structures to include:
1. Distance between buildings;
2. Number of stories;
3. Area in square feet of each floor;
4. Number of dwelling units or guestrooms;
5. Structures above height regulations.
m. Proposed location of outdoor lighting.
n. Landscaping Plan as required by Section 35.1-25.1.5, Landscaping Plan
Required.
(3) The site plan shall be accompanied by a check payable to the City of Lynchburg
in the amount set forth in the fee schedule adopted by city council.
(4) The final site plan shall include, in addition to the items specified for a
preliminary site plan, the following:
a. Name and address of owners of record of all adjacent properties;
b. Current zoning boundaries, including surrounding areas to a distance of three
hundred (300) feet;
c. Final erosion and sediment control plans;
d. Location of watercourses, marshes, rock outcroppings, wooded areas and single
trees with a diameter of ten (10) inches measured three (3) feet from the base of the
trunk;
e. Location of buildings existing on the tract to be developed and on adjacent tracts
within a distance of one hundred (100) feet, indicating whether existing buildings
on the tract are to be retained, modified or removed;
f. Proposed streets and other ingress and egress facilities (indicating curb lines,
sidewalk lines and public right-of-way lines). Profiles and cross-sections of streets;
g. Layout of off-street parking;
h. Proposed location, direction of, power and time of use of outdoor lighting (not
required of industrial development);
i. Landscaping plan as required by Section 35.1-25.1.5, Landscaping plan required;
j. Location, size and design of proposed signs;
k. Elevations of buildings to be built or altered on site.
(e) Administrative responsibility.
(1) The city planner shall be responsible for checking the site plans for general
completeness and compliance with adopted plans or such administrative
requirements as may be established prior to routing copies thereof to the technical
review committee. He shall see that all examination and review of the site plans
are completed by the approving authorities.
(2) The city planner shall approve or disapprove the site plans in accordance with
the technical review committee's recommendations. He shall then return two (2)
copies of the site plan, together with modifications, noting thereon any changes that
will be required, to the applicant not later than thirty (30) days from the date of
submission, except under abnormal circumstances.
(f) Adjustment in approved site plan. After a site plan has been approved by the
city planner, minor adjustments of the site plan, which comply with the spirit of
this article and other provisions of this chapter with the intent of the technical
review committee in their approval of site plans and with the general purpose of the
comprehensive plan for development of the area, may be approved by the city
planner with concurrence of the technical review committee. Minor adjustment
from an approved site plan without the city planner's approval, or any major
deviations, shall require the applicant to resubmit a new site plan for consideration.
Martinsville View whole ordinance
XIII. PRIVATE TREES
The Property Maintenance Code allows the Zoning Administrator, or his/her designee, the authority to enter private land whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance and to order its removal if necessary.
Middleburg View whole ordinance
Section 208: Applicability This article shall apply to all site plan and subdivision applications approved after the effective date of this ordinance. This article applies to the construction of any parking lot containing more than five parking spaces. This article shall apply to the enlargement of any parking lot but not to the resurfacing of an existing lot. Section 210: General Buffering and Screening Standards
Every development shall provide sufficient buffering and screening so that neighboring
properties are screened from any adverse effects of the development and the development
is screened from any adverse effects of adjacent uses such as streets.
Section 211: Compliance with Buffering and Screening Standards
(a) The following buffer yards shall be provided between various uses:
(1) Commercial adjacent to residential: 15 feet
(2) Commercial adjacent to institutional: 10 feet
(3) Multi-family residential next to single
family, duplex, townhouses or commercial: 20 feet
(4) Institutional adjacent to residential: 15 feet
(5) Institutional adjacent to commercial: 10 feet
A solid wall or fence at least six (6) feet in height may be used to reduce the
required buffer yard by 50 percent, if the remaining yard can be effectively
planted.
(b) Buffer yards shall contain sufficient trees and shrubs to provide an opaque screen
between uses. An opaque screen is intended to exclude all visual contact between
uses and to create a strong impression of separation. In general, small trees
planted at a rate of 1 tree per 30 feet or large canopy trees planted at a rate of 1
tree per 40 feet and 1 evergreen tree planted at a rate of 1 tree per 20 feet shall be
deemed to meet the requirements of this section. Evergreen shrubs planted at a
rate of 3 shrubs per 10 feet in buffer yards of 10 feet and doubled in buffer yards
of 25 feet shall be deemed to meet the requirements of this section. Plants should
be placed to achieve maximum screening from intensive use areas of adjoining
properties. Existing vegetation, such as hedgerows and trees, may be used to
satisfy the requirements of this Section.
(c) No required buffer yard shall exceed 10 percent of the lot area of the subject
property, but in no instance shall the buffer yard be less than five feet.
Section 212: Flexibility in Administration Required
(a) The council recognizes that the buffering and screening requirements of this
article cannot address every situation because of the wide variety of developments
and the relationships between them. The council may permit deviations from the
presumptive requirements of Section 211 whenever such deviations meet or
exceed the standards contained in Section 210.
(b) Whenever the council allows or requires a deviation from the requirements of
Section 211, it shall include the screening requirement on the zoning permit along
with the reasons for allowing or requiring the deviation.
Section 214: Preservation of Trees
(a) Every development shall retain all existing, healthy trees at least 18 inches or
more in diameter measured at three feet above the ground unless such retention
would unreasonably burden the development.
(b) No excavation, embankment, or other subsurface disturbance shall be undertaken
within an area equal to one foot of horizontal distance for every inch of diameter
of any tree 18 inches in diameter or greater and no impervious surface may be
located within 12.5 feet of any such tree unless compliance with this section
would unreasonably burden the development.
(c) A development is unreasonably burdened if the proposed activities on a lot would
have to be substantially altered to accomplish such retention and such alteration
would result in an unreasonable hardship on the developer as determined by the
council.
(d) If the preservation of trees required in subsections (a) and (b) above results in the
elimination of space that would otherwise be devoted to parking and, as a result,
the parking requirements of Section 222 cannot be met, the number of parking
spaces required may be reduced by the number of spaces "lost", up to a maximum
of 15 percent of the required parking spaces.
Section 216: Parking Lot Landscaping
(a) A ten-foot wide perimeter landscape strip shall be provided between any parking
lot and public right-of-way. The perimeter strip shall contain at least one small
tree planted at the rate of one tree per 30 feet or one large canopy tree planted at
the rate of one tree per 40 feet. Large trees shall have a minimum caliper of 2
inches; small trees a minimum caliper of 1-1/2 inches; and, evergreen trees a
minimum height of six feet. In addition, the perimeter strip shall include a semi-
opaque screen consisting of a stone or brick wall, berming, evergreen hedge or
combination of these elements not less than three feet in height. Berms shall have
a maximum slope of 3:1.
(b) At least five percent of the interior parking lot area shall be landscaped. No
landscaped area shall be less than 50 square feet. The landscaped area shall be
planted at a rate of one tree and three shrubs per ten parking spaces. Each parking
lot island shall contain a minimum of one canopy tree.
(c) Parking lots shall be designed to prevent vehicles from striking trees. Vehicles
are presumed to have a body overhang of three feet, six inches.
(d) The council may waive the requirements of this Section in the C-2 district when
such landscaped areas cannot be reasonably provided because of existing
structures or other unique features of the central business area.
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. 45-9. 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)
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:
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 1/2) 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 1/2) 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.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)
Waynesboro View whole ordinance
Sec. 90-28. Obstruction.
(a) Duty of occupant. It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees or other vegetation, to prune such trees or vegetation in such manner that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct views of any street or alley intersection. Suggested minimum clearance of any overhanging portion thereof shall be ten feet over sidewalks and 12 feet over all streets except truck thoroughfares which shall have a clearance of 16 feet.
(b) Notice to prune. Should any person owning real property bordering on any street fail to prune trees, the department of public works with advice from the city horticulturist shall order such person within 14 days after receipt of written notice to so prune such trees.
(c) Service of order. The order required in this section shall be served by mailing a copy of the order by certified mail to the last-known address of the property owner.
Winchester View whole ordinance
SECTION 30-50. DUTY OF PROPERTY OWNERS TO CUT.
Owners of property within the City shall not allow grass, weeds and other foreign growth thereon to exceed ten (10) inches in height. All grass, weeds and foreign growth on a one hundred (100) feet by one hundred (100) feet or smaller must be cut. In case of a larger lot or acreage, all grass, weeds and foreign growth thereon must be cut a distance of one hundred (100) feet from all adjoining property lines. Any person who violates any provision of this section shall be guilty of a Class 4 misdemeanor. (Code 1959, §11-5; Ord. No. 022-94, 07-12-94)
SECTION 30-51. NOTICE TO CUT.
Where grass, weeds or other foreign growth in excess of ten (10) inches in height are found upon property, the code enforcement officer, as defined in section 11-2 shall immediately notify the owner of such property to cut such grass, weeds, or other foreign growth down to a height not to exceed three (3) inches. Notifications shall be made by the same procedure as set forth in Section 11-37 of this Code. (Code 1959, §11-5; Ord. No. 048-88, 11-15-88; Ord. No. 029-91; 6-11-91; Ord. No. 022-94, 07-12-94; Ord. No. 028-97, 10-14-97)
SECTION 30-52. CUTTING BY THE CITY.
(a) If grass, weeds, or other foreign growth have not been cut within ten (10) days from the date the notice provided for in Section 30-51 is sent, the code enforcement officer, as defined in section 11-2 shall cause the cutting by the City's forces or the City's agent of such grass, weeds or other foreign growth forthwith.
(b) Where grass, weeds or other foreign growth have been cut by order of the code enforcement officer pursuant to the provisions of this section, the cost of such cutting shall be billed to the owner of the property. If such bill is not paid, it shall be added to the City real estate tax bill on such property and shall be a lien on such property to the same extent and effect as such real estate tax is. (Code 1959, §11-5; Ord. No. 048-88, 11-15-88; Ord. No. 029-91, 6-11-91; Ord. No. 022-94, 07-12-94; Ord. No. 028-97, 10-14-97)
State Law References-- Authority of city to require cutting or removal of weeds and other foreign growth, Code of Virginia, §§15.1-11, 15.1-867, §15.1-901(penalty).
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