SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2006 SESSION

067510828
SENATE BILL NO. 236
Offered January 11, 2006
Prefiled January 10, 2006
A BILL to amend the Code of Virginia by adding a section numbered 15.2-961.1, relating to the preservation and replacement of trees during the development process in certain localities.
----------
Patrons-- Ticer and Howell; Delegates: Scott, J.M., Sickles and Watts
----------
Referred to Committee on Local Government
----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 15.2-961.1 as follows:

§ 15.2-961.1. Preservation and replacement of trees during development process in certain other localities.

A. Notwithstanding the provisions of § 15.2-961, the Counties of Arlington, Fairfax, Loudoun, and Prince William, any town located within such counties, and the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park may adopt an ordinance providing for the preservation, planting, and replacement of trees during the development process pursuant to the provisions of this section.

B. The ordinance may require that the site plan for any subdivision or development provide for the preservation and replacement of trees on the development site such that the minimum tree canopy or tree cover percentage 20 years after development is projected to be 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 20 or more units per acre;

3. Fifteen percent tree canopy for a residential site zoned more than eight but less than 20 units per acre; and

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

C. The ordinance may require that site plans specifically provide for the preservation of existing trees by providing that the percentage of preserved trees in the 20-year tree canopy required by subsection B shall equal the predevelopment tree cover level. The remainder of the 20-year tree canopy requirement shall be met through additional preservation, planting, or replacement of trees.

D. The ordinance shall provide for reasonable exceptions to or deviations from the canopy requirements set forth in subsection B to allow for the reasonable development of farm land or other areas devoid of healthy or suitable plant 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 ordinance promulgated under this section: dedicated school sites, playing fields, and other nonwooded recreation areas, and other facilities and uses of a similar nature. The ordinance may also provide for the reasonable reduction of tree canopy percentages for sites or portions of sites dedicated to the development of affordable housing for low- and moderate-income households.

E. The ordinance shall provide for reasonable exceptions to or deviations from the tree preservation requirements set forth in subsection C where the locality determines that the requirements would significantly hinder the development of uses or densities otherwise allowed by the locality's zoning or other development ordinance. If the tree preservation requirements are waived or modified on these sites, then the balance of the tree cover requirements shall be met by the planting of trees.

F. The ordinance may designate species that cannot be used 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.

G. 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 self-supporting woody plant material exceeding five feet in height, and the extent of planted tree canopy at 20 years maturity. Calculation of the amount of planted canopy projected to be present 20 years after development 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.

H. To encourage tree preservation over tree replacement, the ordinance shall provide additional canopy credits for trees and associated plant communities preserved from the predevelopment tree cover. As an incentive to preserve higher quality vegetation, the ordinance may also provide additional canopy credits for the preservation of trees and associated plant communities from the predevelopment tree cover that achieve specific environmental, ecological, historic, or cultural objectives; however, such additional canopy credits shall not be used to fulfill more than 30% of the 20-year tree canopy requirement.

I. The ordinance shall establish standards of health and desirability for existing trees and associated plant communities to be preserved.

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

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

L. Nothing in this section shall invalidate any local ordinance adopted pursuant to § 15.2-961 prior to July 1, 1990, which imposes standards for tree replacement or planting during the development process.

M. Nothing in this section shall invalidate any local ordinance adopted by a city that was established prior to 1780, which imposes standards for 10-year minimum tree cover replacement or planting during the development process.

N. Nothing in this section shall invalidate any local ordinance adopted pursuant to § 15.2-961 after July 1, 1990, which imposes standards for 20-year minimum tree cover replacement or planting during the development process.