SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2002 SESSION

026091660
SENATE BILL NO. 484
Offered January 9, 2002
Prefiled January 9, 2002
A BILL to amend and reenact § 15.2-961 of the Code of Virginia, relating to the conservation and replacement of trees during the development process in certain localities.
----------

Patrons-- Howell, Byrne, Puller and Ticer; Delegates: Amundson, Bolvin, Callahan, Devolites, Plum and Watts
----------
Referred to Committee on Local Government
----------

Be it enacted by the General Assembly of Virginia:

1. That § 15.2-961 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-961. Conservation and replacement of trees during development process in certain localities.

A. Any locality with a population density of at least seventy-five persons per square mile may adopt an ordinance providing for the conservation, planting and replacement of trees during the development process pursuant to the provisions of this section. Population density shall be based upon the latest population estimates of the Cooper Center for Public Service of the University of Virginia.

B. The ordinance shall require that the site plan for any subdivision or development include the conservation, planting or replacement of trees on the site to the extent that, at twenty years, minimum tree canopies or covers will be provided in areas to be designated in the ordinance, as follows:

1. Ten percent tree canopy for a site zoned business, commercial, or industrial;

2. Ten percent tree canopy for a residential site zoned twenty or more units per acre;

3. Fifteen Twenty percent tree canopy for a residential site zoned more than ten but less than twenty units per acre; and

4. Twenty Thirty percent tree canopy for a residential site zoned ten units or less per acre.

However, any city that was established prior to 1780 may require at ten years the minimum tree canopies or covers set out above.

C. The ordinance may require that site plans provide for the conservation of existing trees by providing that:

1. If tree cover exists on the property prior to development then the percentage of the required tree cover that shall be composed of preserved trees shall be equal to the property's predevelopment tree cover level; and

2. The remainder of the required tree cover shall be met through additional conservation, planting or replacement of trees.

D. Ordinances requiring conservation of trees may also include reasonable provisions for reducing tree canopy requirements or granting tree cover credit in consideration of the preservation of trees that achieve environmental, ecological, historical or cultural objectives specified by the locality and for preservation of trees of outstanding age, size or physical characteristics.

E. The ordinance shall provide for reasonable exceptions to or deviations from these requirements to allow for the reasonable development of farm land or other areas devoid of healthy or suitable woody materials, for the preservation of wetlands, or otherwise when the strict application of the requirements would result in unnecessary or unreasonable hardship to the developer. The following shall be exempt from the requirements of any tree conservation, replacement or planting ordinance promulgated under this section: dedicated school sites, playing fields and other nonwooded recreation areas, and other facilities and uses of a similar nature.

For purposes of this section:

"Tree canopy" or "tree cover" includes all areas of coverage by plant material exceeding five feet in height, and the extent of canopy at maturity shall be based on published reference texts generally accepted by landscape architects, nurserymen, and arborists in the community, and the texts shall be specified in the ordinance.

F. The ordinance shall provide for exceptions to or deviations from the tree preservation requirements of this section where the locality determines that the requirements would preclude or significantly hinder uses otherwise allowed by the locality's zoning ordinance. If the tree preservation requirements are waived or modified on these sites, then the balance of the minimum tree cover requirements shall be met by the planting of trees.

G. The ordinance may designate or provide a system for rating the desirability for planting of various tree species that cannot be planted to meet minimum tree canopy requirements due to tendencies of such species to (i) negatively impact native plant communities, (ii) cause damage to nearby structures and infrastructure, or (iii) possess inherent physiological traits that cause such trees to structurally fail. All trees to be planted shall meet the specifications of the American Association of Nurserymen. The planting of trees shall be done in accordance with either the standardized landscape specifications jointly adopted by the Virginia Nurserymen's Association, the Virginia Society of Landscape Designers and the Virginia Chapter of the American Society of Landscape Architects, or the road and bridge specifications of the Virginia Department of Transportation.

Existing trees which are to be preserved may be included to meet all or part of the canopy requirements, and may include wooded preserves, if the site plan identifies such trees and the trees meet standards of desirability and life-year expectancy which the locality may establish.

H. For purposes of this section:

"Predevelopment tree cover level" means the total percentage of the development site that is covered by tree canopy or cover at the time of site plan submission.

"Tree canopy" or "tree cover" includes all areas of coverage by plant material exceeding five feet in height, and the extent of planted tree canopy at ten or twenty years maturity. Planted canopy at ten or twenty years maturity shall be based on published reference texts generally accepted by landscape architects, nurserymen, and arborists in the community, and the texts shall be specified in the ordinance.

C I. Penalties for violations of ordinances adopted pursuant to this section shall be the same as those applicable to violations of zoning ordinances of the locality.

DJ. In no event shall any local tree replacement or planting ordinance adopted pursuant to this section exceed the requirements set forth herein.

EK. Nothing in this section shall be construed to invalidate any local ordinance adopted pursuant to the provisions of this section prior to July 1, 1990, which imposes standards for tree replacement or planting during the development process.

L. Nothing in this section shall invalidate any local ordinance adopted by a city that was established prior to 1780, which imposes standards for ten-year minimum tree cover replacement or planting during the development process.

M. Nothing in this section shall invalidate any local ordinance adopted pursuant to the provisions of this section after July 1, 1990, which imposes standards for twenty-year minimum tree cover replacement or planting during the development process.