19730605 1973-17ORDINANCE NO, lP73-17
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
FAIRFAX, VIRGINIA, BY ADDING THERETO A NEW SECTION 17
ESTABLISHING PROTECTIVE REGULATIONS FOR THE CONSERVATION
OF TREES.
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia,
that the Zoning Ordinance of the City of Fairfax, Virginia, be and it hereby
is amended by the addition of a new Section 17 to read in its entirety as
follows:
Section 17
TREES
Purpose and Intent
The purpose and intent of this section is to establish protective
regulations for trees in the City of Fair~x in order to better control problems
of flooding, soil erosion, air pollution and noise, to make the City a healthier,
safer and more aesthetically pleasing place in which to live. It is the further
intent of the City Council to prevent reduction of property values which could
result in the proliferation of substandard development, to prevent increases in
the cost of maintenance of drainage systems occasioned by increased flow and
diversion of surface waters, to dissuade unnecessary clearing, disturbing and
deforestation of land so as to preserve insofar as is practicable the natural
and existing growth of vegetation, and to control the destruction and removal
of trees in the City so as to benefit its citizens and to prevent a diminution
of City real estate tax revenues and at the same time to make such controls and
regulations reasonably consistent with the enjoyment of private property inter-
ests. For purposes of this ordinance I'tree" shall be defined as any living
woody plant having a trunk with a diameter of five (5) inches or more at a
distance of six (6) inches above the ground.
Ae
Permits required.
Any person including, but not limited to, any public or private firm,
corporation, homeowners association or governmental authority, desiring to
cut down, remove or destroy any tree on any lot of any zoning category,
excluding lots of one acre or less and on which one or more occupied buildings
or structures are located, shall first make an application in writing upon the
form provided to the Office of the Zoning Administrator.
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Be
Issuance of permits.
1. The Zoning Administrator shall issue a permit to the applicant unless
he shall find that the action of the applicant will adversely affect
the control of problems of flooding or soil erosion, or be a danger to
surrounding property or persons, or that the tree or its placement is
of such historic value that it should be saved, or in any other way
violates the purpose and intent of this ordinance.
2. In determining whether to grant or deny a permit the Zoning Administrator
shall consider:
a. the effect of the proposed tree removal action upon the stabiliza-
tion of soil, lakes, ponds, streams and rivers;
b. the intended use of the property and feasible alternatives within
that use which would preserve existing trees;
c. the existing topography of the land and any proposed changes in the
topography and proposed landscaping;
d. the hardship imposed or the reasonable use denied to the applicant
as a result of permit denial, or as a result of the issuance of a
permit subject to conditions, restrictions or limitations;
e. historical value of the trees;
f. good horticultural and/or forestry practices;
g. the effect of the proposed tree removal on the deadening and absorp-
tion of sound and on photosynthetic activity.
C. Acts harmful to trees.
®
It shall be unlawful for any person including, but not limited to, any
public or private firm, corporation, homeowners association or govern-
mental authority to abuse or mutilate any tree regardless of its size,
growing or standing on any public property or on the right-of-way to any
property owned by a public agency; provided nothing in this section shall
be construed to prevent reasonable trimming of trees necessary to clear
the right-of-way, subject to the other provisions of this Section.
It shall be unlawful for any person, public or private firm, corporation,
homeowners association or governmental authority to attach to a tree any
sign, notice, placard, bare or insulated wire which conducts electrical
current or other device that may injure the tree.
It shall be unlawful to allow any substance harmful to trees to come in
contact with them, and it shall be unlawful to prevent water and oxygen
from reaching the roots of the trees.
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De
e
It shall be unlawful for any person including, but not limited to, any
public or private firm, corporation, homeowners association or govern-
mental authority to cover the ground with any impervious material any
closer to the trunk of the tree than the extent of the branches from the
trunk. This provision may be waived by the Zoning Administrator if in
his judgment coverage of the ground planned for any particular site
will not harm the tree or trees growing there.
Tree protection zone.
There shall be designated on every lot or parcel of land an area known as
the tree protection zone. This zone shall be that area between the property
line and the building restriction and setback requirement lines as estab-
lished in the proper zoning category. To prevent the unnecessary destruction
of trees before or during development of any tract or lot, trees shall not be
cut, otherwise damaged or destroyed within the tree protection zone, except
to permit vehicular and pedestrian access after a permit has been obtained in
accordance with Paragraph A of this Section. To prevent the unnecessary
destruction of trees before or during redevelopment of any tract or lot
regardless of size, trees shall not be cut, otherwise damaged or destroyed
within the tree protection zone except where this provision is waived by the
Zoning Administrator.
E. Diseased or danqerous trees.
Fe
In the event that the Zoning Administrator finds that a tree growing on
private property creates a hazard or dangerous condition, threatens the
general public safety or welfare, or becomes diseased, the Zoning Administrator
or his agent shall have the authority to order the owner to remove the tree
or otherwise eliminate such hazard, danger or diseased condition. In the
event that the property owner fails to abide by the order, the Zoning
Administrator or his agent shall have the right of entry, the authority to
remove the tree or otherwise remove the hazard, danger or diseased condition,
and the power to assess the cost thereof against the property owner, pro-
vided that reasonable notice is given to the property owner.
Plan.
Applicants who propose to cut down, remove or destroy existing trees on any
parcel covered by this Section in conjunction with a subdivision or resubdi-
vision of land, land development, or in conjunction with the erection of a
structure or structures shall be required to submit a plan containing as much
or all of the following data as deemed feasible by the Zoning Administrator:
1. the location and number of all trees which are at least five (5) inches
in diameter at six (6) inches above the 9round;
2. trees to be removed and trees to be maintained;
3. specifications for the removal of trees and protection of trees during
construction;
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grade changes or other work adjacent to a tree which might affect it
adversely, with specifications on how the ground drainage and aeration
will be maintained around the tree;
5. all trees to be planted, regardless of size;
6. such other information that the Zoning Administrator shall deem
essential.
Other applicants, proposing to cut down, remove or destroy existing trees
not in conjunction with a subdivision or r,subdivision of land, land develop-
ment, or in conjunction with the erection of a structure or structures shall
be required to submit an application containing so much of the data con-
tained in subparagraphs F.I. through F.6. above as the Zoning Administrator
deems necessary to enable him to make the determinations required by sub-
paragraph B.2. above.
G. Buildinq movin9 permits.
The Zoning Administrator along with any other affected City department shall
review and approve all applications for building moving permits within the
City before the City will grant the permit. In reviewing the request for a
building moving permit the Zoning Administrator shall ascertain that no
damage will be done to trees along the route of movement. In cases where
damage is likely to result the requestor shall be required to seek and be
9ranted relief from provisions of subparagraph C.1. of this ordinance by the
City Council before the building moving permit may be issued.
H. Tree protection during development.
During any building, renovating or razing operations the builder will take
reasonable protective measures designed to ensure the preservation of trees
specified to be maintained.
Scope.
This ordinance extends its protections to every tree as defined, on lots
covered by this ordinance, and the destruction of each tree shall be con-
sidered a separate violation.
Enforcin~ authority.
The Zoning Administrator or his agent shall be charged with the enforcement
of this ordinance.
Legality of section or parts thereof.
Should any paragraph, clause or provision of this Section be declared by the
courts to be invalid, the same shall not affect the validity of any other
provision of this Section.
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Appeal s.
Any person aggrieved of any decision of the Zoning Administrator may, within
ten (10) days from the date of mailing notice of the Zoning Administratorls
decision to the applicant, file in writing at the City Manager's office a
request for an appeal to the City Council. Reasonable notice of any such
request shall be given to any person required to be notified of the original
application. At the earliest practical time the Council shall announce in
open meeting the date of a public meeting upon the appeal. The Council
shall consider the appeal upon the standards and regulations stated in this
Section. The Council may affirm, overrule or modify the decision of the
Zoning Administrator upon any such appeal.
Enacted: June 5, 1973.
Attest:
C(~ty ~Clerk
' -' ' Mayor\-