§ 15.2-961. Replacement of trees during development process in certainlocalities.
A. Any locality with a population density of at least 75 persons per squaremile may adopt an ordinance providing for the planting and replacement oftrees during the development process pursuant to the provisions of thissection. Population density shall be based upon the latest populationestimates of the Cooper Center for Public Service of the University ofVirginia.
B. The ordinance shall require that the site plan for any subdivision ordevelopment include the planting or replacement of trees on the site to theextent that, at 20 years, minimum tree canopies or covers will be provided inareas to be designated in the ordinance, as follows:
1. Ten percent tree canopy for a site zoned business, commercial, orindustrial;
2. Ten percent tree canopy for a residential site zoned 20 or more units peracre;
3. Fifteen percent tree canopy for a residential site zoned more than 10 butless than 20 units per acre; and
4. Twenty percent tree canopy for a residential site zoned 10 units or lessper acre.
However, the City of Williamsburg may require at 10 years the minimum treecanopies or covers set out above.
C. The ordinance shall provide for reasonable provisions for reducing thetree canopy requirements or granting tree cover credit in consideration ofthe preservation of existing tree cover or for preservation of trees ofoutstanding age, size or physical characteristics.
D. The ordinance shall provide for reasonable exceptions to or deviationsfrom these requirements to allow for the reasonable development of farm landor other areas devoid of healthy or suitable woody materials, for thepreservation of wetlands, or otherwise when the strict application of therequirements would result in unnecessary or unreasonable hardship to thedeveloper. In such instances, the ordinance may provide for a tree canopybank whereby a portion of a development's tree canopy requirement may be metfrom off-site planting or replacement of trees at the direction of thelocality. The following shall be exempt from the requirements of any treereplacement or planting ordinance promulgated under this section: dedicatedschool sites, playing fields and other nonwooded recreation areas, and otherfacilities and uses of a similar nature.
E. The ordinance may designate tree species that cannot be planted to meetminimum tree canopy requirements due to tendencies of such species to (i)negatively impact native plant communities, (ii) cause damage to nearbystructures and infrastructure, or (iii) possess inherent physiological traitsthat cause such trees to structurally fail. All trees to be planted shallmeet the specifications of the American Association of Nurserymen. Theplanting of trees shall be done in accordance with either the standardizedlandscape specifications jointly adopted by the Virginia Nurserymen'sAssociation, the Virginia Society of Landscape Designers and the VirginiaChapter of the American Society of Landscape Architects, or the road andbridge specifications of the Virginia Department of Transportation.
F. Existing trees which are to be preserved may be included to meet all orpart of the canopy requirements, and may include wooded preserves, if thesite plan identifies such trees and the trees meet standards of desirabilityand life-year expectancy which the locality may establish.
G. For purposes of this section:
"Tree canopy" or "tree cover" includes all areas of coverage by plantmaterial exceeding five feet in height, and the extent of planted tree canopyat 10 or 20 years maturity. Planted canopy at 10 or 20 years maturity shallbe based on published reference texts generally accepted by landscapearchitects, nurserymen, and arborists in the community, and the texts shallbe specified in the ordinance.
H. Penalties for violations of ordinances adopted pursuant to this sectionshall be the same as those applicable to violations of zoning ordinances ofthe locality.
I. In no event shall any local tree replacement or planting ordinance adoptedpursuant to this section exceed the requirements set forth herein.
J. Nothing in this section shall invalidate any local ordinance adoptedpursuant to the provisions of this section prior to July 1, 1990, whichimposes standards for tree replacement or planting during the developmentprocess.
K. Nothing in this section shall invalidate any local ordinance adopted bythe City of Williamsburg that imposes standards for 10-year-minimum treecover replacement or planting during the development process.
L. Nothing in this section shall invalidate any local ordinance adoptedpursuant to the provisions of this section after July 1, 1990, which imposesstandards for 20-year-minimum tree cover replacement or planting during thedevelopment process.
(1989, c. 715, § 15.1-14.2; 1990, c. 362; 1994, c. 420; 1997, c. 587; 2002,cc. 191, 226; 2003, c. 875; 2007, c. 813.)
§ 15.2-961. Replacement of trees during development process in certainlocalities.
A. Any locality with a population density of at least 75 persons per squaremile may adopt an ordinance providing for the planting and replacement oftrees during the development process pursuant to the provisions of thissection. Population density shall be based upon the latest populationestimates of the Cooper Center for Public Service of the University ofVirginia.
B. The ordinance shall require that the site plan for any subdivision ordevelopment include the planting or replacement of trees on the site to theextent that, at 20 years, minimum tree canopies or covers will be provided inareas to be designated in the ordinance, as follows:
1. Ten percent tree canopy for a site zoned business, commercial, orindustrial;
2. Ten percent tree canopy for a residential site zoned 20 or more units peracre;
3. Fifteen percent tree canopy for a residential site zoned more than 10 butless than 20 units per acre; and
4. Twenty percent tree canopy for a residential site zoned 10 units or lessper acre.
However, the City of Williamsburg may require at 10 years the minimum treecanopies or covers set out above.
C. The ordinance shall provide for reasonable provisions for reducing thetree canopy requirements or granting tree cover credit in consideration ofthe preservation of existing tree cover or for preservation of trees ofoutstanding age, size or physical characteristics.
D. The ordinance shall provide for reasonable exceptions to or deviationsfrom these requirements to allow for the reasonable development of farm landor other areas devoid of healthy or suitable woody materials, for thepreservation of wetlands, or otherwise when the strict application of therequirements would result in unnecessary or unreasonable hardship to thedeveloper. In such instances, the ordinance may provide for a tree canopybank whereby a portion of a development's tree canopy requirement may be metfrom off-site planting or replacement of trees at the direction of thelocality. The following shall be exempt from the requirements of any treereplacement or planting ordinance promulgated under this section: dedicatedschool sites, playing fields and other nonwooded recreation areas, and otherfacilities and uses of a similar nature.
E. The ordinance may designate tree species that cannot be planted to meetminimum tree canopy requirements due to tendencies of such species to (i)negatively impact native plant communities, (ii) cause damage to nearbystructures and infrastructure, or (iii) possess inherent physiological traitsthat cause such trees to structurally fail. All trees to be planted shallmeet the specifications of the American Association of Nurserymen. Theplanting of trees shall be done in accordance with either the standardizedlandscape specifications jointly adopted by the Virginia Nurserymen'sAssociation, the Virginia Society of Landscape Designers and the VirginiaChapter of the American Society of Landscape Architects, or the road andbridge specifications of the Virginia Department of Transportation.
F. Existing trees which are to be preserved may be included to meet all orpart of the canopy requirements, and may include wooded preserves, if thesite plan identifies such trees and the trees meet standards of desirabilityand life-year expectancy which the locality may establish.
G. For purposes of this section:
"Tree canopy" or "tree cover" includes all areas of coverage by plantmaterial exceeding five feet in height, and the extent of planted tree canopyat 10 or 20 years maturity. Planted canopy at 10 or 20 years maturity shallbe based on published reference texts generally accepted by landscapearchitects, nurserymen, and arborists in the community, and the texts shallbe specified in the ordinance.
H. Penalties for violations of ordinances adopted pursuant to this sectionshall be the same as those applicable to violations of zoning ordinances ofthe locality.
I. In no event shall any local tree replacement or planting ordinance adoptedpursuant to this section exceed the requirements set forth herein.
J. Nothing in this section shall invalidate any local ordinance adoptedpursuant to the provisions of this section prior to July 1, 1990, whichimposes standards for tree replacement or planting during the developmentprocess.
K. Nothing in this section shall invalidate any local ordinance adopted bythe City of Williamsburg that imposes standards for 10-year-minimum treecover replacement or planting during the development process.
L. Nothing in this section shall invalidate any local ordinance adoptedpursuant to the provisions of this section after July 1, 1990, which imposesstandards for 20-year-minimum tree cover replacement or planting during thedevelopment process.
(1989, c. 715, § 15.1-14.2; 1990, c. 362; 1994, c. 420; 1997, c. 587; 2002,cc. 191, 226; 2003, c. 875; 2007, c. 813.)
§ 15.2-961. Replacement of trees during development process in certainlocalities.
A. Any locality with a population density of at least 75 persons per squaremile may adopt an ordinance providing for the planting and replacement oftrees during the development process pursuant to the provisions of thissection. Population density shall be based upon the latest populationestimates of the Cooper Center for Public Service of the University ofVirginia.
B. The ordinance shall require that the site plan for any subdivision ordevelopment include the planting or replacement of trees on the site to theextent that, at 20 years, minimum tree canopies or covers will be provided inareas to be designated in the ordinance, as follows:
1. Ten percent tree canopy for a site zoned business, commercial, orindustrial;
2. Ten percent tree canopy for a residential site zoned 20 or more units peracre;
3. Fifteen percent tree canopy for a residential site zoned more than 10 butless than 20 units per acre; and
4. Twenty percent tree canopy for a residential site zoned 10 units or lessper acre.
However, the City of Williamsburg may require at 10 years the minimum treecanopies or covers set out above.
C. The ordinance shall provide for reasonable provisions for reducing thetree canopy requirements or granting tree cover credit in consideration ofthe preservation of existing tree cover or for preservation of trees ofoutstanding age, size or physical characteristics.
D. The ordinance shall provide for reasonable exceptions to or deviationsfrom these requirements to allow for the reasonable development of farm landor other areas devoid of healthy or suitable woody materials, for thepreservation of wetlands, or otherwise when the strict application of therequirements would result in unnecessary or unreasonable hardship to thedeveloper. In such instances, the ordinance may provide for a tree canopybank whereby a portion of a development's tree canopy requirement may be metfrom off-site planting or replacement of trees at the direction of thelocality. The following shall be exempt from the requirements of any treereplacement or planting ordinance promulgated under this section: dedicatedschool sites, playing fields and other nonwooded recreation areas, and otherfacilities and uses of a similar nature.
E. The ordinance may designate tree species that cannot be planted to meetminimum tree canopy requirements due to tendencies of such species to (i)negatively impact native plant communities, (ii) cause damage to nearbystructures and infrastructure, or (iii) possess inherent physiological traitsthat cause such trees to structurally fail. All trees to be planted shallmeet the specifications of the American Association of Nurserymen. Theplanting of trees shall be done in accordance with either the standardizedlandscape specifications jointly adopted by the Virginia Nurserymen'sAssociation, the Virginia Society of Landscape Designers and the VirginiaChapter of the American Society of Landscape Architects, or the road andbridge specifications of the Virginia Department of Transportation.
F. Existing trees which are to be preserved may be included to meet all orpart of the canopy requirements, and may include wooded preserves, if thesite plan identifies such trees and the trees meet standards of desirabilityand life-year expectancy which the locality may establish.
G. For purposes of this section:
"Tree canopy" or "tree cover" includes all areas of coverage by plantmaterial exceeding five feet in height, and the extent of planted tree canopyat 10 or 20 years maturity. Planted canopy at 10 or 20 years maturity shallbe based on published reference texts generally accepted by landscapearchitects, nurserymen, and arborists in the community, and the texts shallbe specified in the ordinance.
H. Penalties for violations of ordinances adopted pursuant to this sectionshall be the same as those applicable to violations of zoning ordinances ofthe locality.
I. In no event shall any local tree replacement or planting ordinance adoptedpursuant to this section exceed the requirements set forth herein.
J. Nothing in this section shall invalidate any local ordinance adoptedpursuant to the provisions of this section prior to July 1, 1990, whichimposes standards for tree replacement or planting during the developmentprocess.
K. Nothing in this section shall invalidate any local ordinance adopted bythe City of Williamsburg that imposes standards for 10-year-minimum treecover replacement or planting during the development process.
L. Nothing in this section shall invalidate any local ordinance adoptedpursuant to the provisions of this section after July 1, 1990, which imposesstandards for 20-year-minimum tree cover replacement or planting during thedevelopment process.
(1989, c. 715, § 15.1-14.2; 1990, c. 362; 1994, c. 420; 1997, c. 587; 2002,cc. 191, 226; 2003, c. 875; 2007, c. 813.)
