§ 36.2-644. Overall tree canopy requirements.

(a)

Definition of tree canopy. For purposes of this section, "tree canopy" shall include all areas of coverage by existing plant materials exceeding five (5) feet in height, and the extent of planted tree canopy at maturity shall be based on the "canopy at 20 years" as set forth in the current list of landscape trees referenced above in Section 36.2-642(b)(1).

(b)

Applicability.

(1)

This section shall apply to any development that requires submission of a comprehensive development plan or a basic development plan, except that:

(A)

Dedicated school sites, playing fields, and other nonwooded recreation areas, and other facilities and uses of a similar nature, shall be exempt from the requirements of this section.

(B)

Construction of an addition to or accessory structure associated with an existing single family or two-family dwelling, provided that no required trees are removed as part of the project, shall be exempt from the requirements of this section.

(c)

Tree canopy requirements.

(1)

The planting or replacement of trees on a development site shall be required to the extent that, at twenty (20) years, minimum tree canopies will be provided as specified in the dimensional regulations in Article 3 of this chapter.

(2)

Existing trees which are to be preserved may be included to meet all or part of the canopy requirements of subsection (1), above, provided such preservation is in accordance with the standards set forth in Section 36.2-643.

(3)

Existing trees infested with disease or insects or structurally damaged to the extent that they pose a hazard to persons or property, or to the health of other trees on site, shall not be included to meet the tree canopy requirements.

(4)

This section does not replace, or negate full compliance with, the requirements of any other section of this chapter. However, if the trees provided to satisfy the requirements of street yard trees (Section 36.2-645), buffer yards (Section 36.2-647) and parking areas (Section 36.2-648) equal or exceed the tree canopy required by this section, no further planting of trees or tree replacement is required in order to comply with the requirements of this section.

(5)

New trees planted in a right-of-way adjacent to the frontage of the development site may be credited toward meeting minimum overall tree canopy requirements.

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 40088, § 1, 10-20-14; Ord. No. 40296, § 1, 7-6-15; Ord. No. 41370, § 1, 1-22-19)

(Ord. No. 39122, § 1, 5-16-11; Ord. No. 40088, § 1, 10-20-14; Ord. No. 40296, § 1, 7-6-15; Ord. No. 41370, § 1, 1-22-19)