19891212 1989-51ORDINANCE NO. 1989-51
AN ORDINANCE TO AMEND SECTION 26-22, 26-24, 26-25, 26-
26, 26-39.2 AND 26-39.6 AND ARTICLE II, DIVISION 10 OF
CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA PERTAINING TO TREE PRESERVATION,
LANDSCAPING AND SCREENING REQUIREMENTS.
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that Chapter
26, Article II Division 10 is hereby amended to read in its entirety as follows:
"DIVISION 10. TREE PRESERVATION, LANDSCAPING AND
SCREENING
Sec. 26-61. Purpose.
The purpose of this division is to encourage the planting and proper care of
trees throughout the city, to ensure the preservation of existing trees and the
replenishment of tree stock to the maximum extent possible, and otherwise provide
for appropriate screening and landscaping. These actions are intended to contribute
to the health, safety and welfare of the city by decreasing flooding, soil erosion, air
pollution and noise, improving aesthetics and increasing property values. Tree
replenishment, performed in accordance with the Comprehensive Plan and the
Community Appearance Plan, will contribute to establishing and reinforcing a
positive identity for the city. In addition, the implementation of screening and
landscaping requirements will improve compatibility of uses by providing privacy
and enhancing the aesthetic transition between uses.
Sec. 26-62. Tree removal permit.
(a) Permit required.
No person shall remove or destroy any tree which is five (5) inches or
greater in caliper, measured six (6) inches above ground level, on any lot larger
than one-half (1/2) acre without fa'st obtaining a tree removal permit from the
zoning administrator in accordance with the procedures set forth herein. Further, no
person shall remove or destroy any such tree located in the common open space of
any development without first obtaining a tree removal permit.
(b) Issuance of permit.
Tree removal permits shall be issued only after the zoning administrator has
received the required tree management plan and a completed application for such
permit which has been signed by the property owner. In determining whether to
grant or deny a permit the zoning administrator shall consider:
(1) the effect of the proposed tree removal upon the stabilization of
soil, lakes, ponds, streams and rivers;
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(2) the intended use of the property and feasible alternatives which
would preserve existing trees;
(3) the existing topography, proposed changes in the topography
and proposed landscaping;
(4) the hardship imposed or the reasonable use denied to the
applicant as a result of permit denial;
(5) historical value of the trees;
(6) good horticultural and forestry practices;
(7) the effect of the proposed tree removal on the deadening and
absorption of sound;
(8) the likelihood that the proposed action will adversely affect the
control of flooding or soil erosion;
(9) the impact of such action on surrounding property or persons;
(10) the consistency of the proposed action with the purpose of this
division.
(c) Tree management plan required.
(1) Any applicant proposing to remove or destroy existing trees in
conjunction with any land development activity, including the moving of buildings,
shall submit a tree management plan containing such of the following information
as deemed necessary by the zoning administrator:
a. the location, size and species of all trees which are at least five
(5) inches in diameter, measured six (6) inches above the ground;
b. the location, size and species of all trees to be preserved and
removed;
c. specifications for the removal of trees and protection of trees
during construction;
d. proposed grade changes or other potentially injurious work
adjacent to trees designated for preservation with specifications for maintaining
ground drainage and aeration around such trees;
e. the location, size and species all trees to be planted;
f. such other information that the zoning administrator deems
essential.
(2) Any applicant proposing to remove or destroy existing trees not in
conjunction with a land development activity shall submit an application containing
that information specified in (a) through (f) above deemed necessary by the zoning
administrator to make the determinations required by Section 26-62(b).
Sec. 26-63 Acts harmful to trees.
(a) No person shall abuse, mutilate or otherwise damage any tree located
on public property, or any tree protected by Section 26-67, including those located
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in the public right-of-way along street frontages within subdivisions. However,
nothing in this division shall be construed to prevent reasonable and proper
trimming of trees located on public property by authorized persons in accordance
with accepted horticultural practices.
(b) No person shall attach any sign, notice, placard, electrical wire or other
injurious device to any tree, nor shall any person cause any substance harmful to
trees to come in contact with them, or prevent water and oxygen from reaching
their roots.
(c) No person shall cover the ground with impervious material any closer
to the trunk of a tree than its dripline. This provision may be waived by the zoning
administrator if he determines that the proposed action will not harm the tree.
Sec. 26-64. Diseased or dangerous trees.
When the zoning administrator f'mds that a tree growing on private property
creates a hazard which threatens the general public safety or welfare, he shall order
the owner to remove the tree or otherwise eliminate the hazardous condition. If the
property owner fails to comply with such order within thirty (30) days of
notification, or sooner if necessary to protect the public safety, the zoning
administrator may enter the property, remove the tree or otherwise mitigate the
hazardous condition, and assess the cost thereof against the property owner.
Sec. 26-65. Canopy cover required.
Each subdivision or development shall provide for the planting or retention
of trees on the site to the extent that, at a maturity of ten years, the minimum lot
coverage of the tree canopy shall be as follows:
(a) Ten (10) percent for a lot within any office, commercial or industrial
zoning district; and
(b) Fifteen (15) percent for a site zoned M-1 or any other residential site
zoned greater than ten (10) units per acre; and
(c) Twenty (20) percent for a site zoned R-2, R-3, RT-6, RT or any other
residential site zoned three (3) to ten (10) units per acre; and
(d) Twenty-five (25) percent for a site zoned R-1 or any other residential
site zoned less than three (3) units per acre.
Sec. 26-66. Tree protection during development.
During development or razing activity, the builder shall install effective
dripline protection around all tree preservation areas, and shall further install tree
wells, retaining walls or other structures necessary to protect individual trees
designated for preservation. Such protective measures shall be specified on the tree
1989 -51 -4
management plan and shall be designed and installed in a manner consistent with
good horticultural practices and subject to the approval of the site plan approving
agent. To further ensure the survival of trees designated to be preserved, the
property owner or his agent shall provide such surety as required in Section 26-26
and 21-4 of the City Code.
Sec. 26-67. Preservation of special trees.
Upon the recommendation of the city arborist, the city council may, by
ordinance, designate any tree which meets the criteria specified in Section 26-4 as a
Heritage, Memorial, Designated Specimen or Street tree. No such designated tree
shall be removed, damaged or disturbed in any way unless the city council finds
that:
(a) There is an overriding need for public improvements; or
(b) A severe hardship exists in developing a site; or
(c) The tree dies, becomes irreversibly diseased or irreversibly damaged by
natural causes.
In permitting such action, the city council may require that the nee be relocated on-
site or to another site designated by the city, or be replaced with a similar tree or
trees to approximate the canopy lost.
The provisions of this section shall not apply to:
(1) work conducted on federal or state property,
(2) emergency work to protect life, limb or property,
(3) routine installation, maintenance and repair of utilities,
(4) activities with minor effects on trees including, but not limited to, home
gardening and landscaping of individual homes; and
(5) commercial silvicultural or horticultural activities including, but not
limited to, planting, managing or harvesting forest or tree crops.
Sec. 26-68. Screening required.
(a) In all new development and redevelopment, screening from adjacent
property shall conform to the following standards. The board of architectural
review may authorize deviations from these standards, provided that equal or better
screening from adjacent properties is provided and the zoning administrator has
approved the proposal.
(Insert Chart)
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SCREEN A *
(Alternatives)
.J~ ~_. ~-- Property llne
Fence '
Dense evergreen
row
Deciduous trees
underplsnted with
evergreen shrubs
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SCREEN B *
Dense evergreen
row becked with
deciduous row
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SCREEN C *
(Alternatives)
Double row of
evergreen treel
De(:lduoul treel with
large evergreen shruba
25'
1989-51
SCREEN D *
50'
12'
Dense declduousl
evergreen screen
*Variations in the Sl:mtlal relationship between the property line,
fence and la~ng may be permitted lo respond lo Ne conditions;
such variation mey be ~u.~hodzed by the BAR with approval of the
zoning administrator to ensure the quality of the screening effect.
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I.U
0
Z
I.U
1989-51
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(b) Each refuse disposal area shall be completely screened from view on
all sides by a wall or fence of board-on-board, decorative masonry or other
construction of equal or better quality as approved by the board of architectural
review.
(c) Each above-grade mechanical or utility structure shall be screened by a
wall or fence as specified in (b), or by plant material forming a continuous year-
round screen, or a combination thereof.
Sec. 26-69. Parking area landscaping.
(a) Surface parking areas.
(1) Perimeter landscaping requirements.
a. Where parking area is adjacent to right-of-way.
Each off-street parking area which is adjacent to a public right-of-way shall
be separated from such right-of-way by a landscaped strip of not less than the width
of the required building restriction area for the zoning district within which said
parking area is located. Such strip shall contain an earthen berm, compact
evergreen hedge or an equal or better alternative approved by the director.
Landscaping shall be no less than thirty (30) inches in height at the time of
installation and mulched to a depth of at least four (4) inches. In addition, such
strip shall contain at least one (1) deciduous tree not less than three and one-half (3
1/2) inches in caliper measured six (6) inches above the ground level for every five
hundred (500) square feet of required landscaped strip.
b. Where parking area is not adjacent to public right-of-way.
Each off-street parking area not adjacent to a public fight-of-way shall be
separated from the property line by a landscaped strip of not less than the width of
the required setback for the zoning district within which such parking area is
located, or twelve (12) feet in width, whichever is less, provided that a minimum of
seven (7) feet in width shall be provided. Such landscaped strip shall be planted
with at least one (1) deciduous tree meeting the dimensional requirements contained
in Section 26-69 (a)(1) for every two hundred (200) square feet of required
landscaped strip. Where this requirement conflicts with the provisions of this
division pertaining to required screening between uses, the more stringent
requirements shall prevail.
c. The above provisions notwithstanding, no more than one (1) deciduous
tree shall be required for every thirty (30) linear feet of landscaped strip.
(2) Interior landscaping requirements.
a. At least one (1) planting island with minimum dimensions of nine (9)
feet by eighteen (18) feet shall be provided for every twelve (12) parking or loading
1989-51 -12
spaces proposed. Where the calculation of planting island requirements results in a
fraction of an island, the number required shall be the next highest integer.
b. Not more than twelve (12) parking spaces shall be located consecutively
without an intermittent planting island; provided, however, that within townhouse
developments, no more than ten (10) parking spaces shall be located consecutively
without an intermittent planting island. The above provisions notwithstanding, the
applicant may aggregate some or all of the required landscaped islands to preserve
existing trees located within such parking area in lieu of providing landscaped
islands planted with trees, provided that the aggregate total of internal landscaping
shall equal or exceed the landscaped area otherwise required within landscaped
islands.
c. Within parking areas containing more than twenty-five (25) spaces,
planting islands shall be provided at each end of each parking bay to direct the
movement of traffic.
d. Each required planting island shall be landscaped with a deciduous tree
which meets the dimensional requirements established in section 26-69 (a)(1). The
type and location of landscaping within a planting island shall be subject to approval
by the director.
e. Shrubs and ground cover shall be installed in each planting island to
provide full coverage of the area and placed to complement tree landscaping.
f. Landscaping material shall be located within planting islands in a manner
which will protect the plants from automobile bumpers and allow for the mature
size of the species.
(b) Parking structures.
(1) Perimeter landscaping requirements.
Structured parking which is above f'mish grade shall comply with building
setback requirements. Landscaping for parking structures shall be provided in all
yards pursuant to perimeter landscaping requirements for surface parking.
However, where the location of such structure with respect to property boundary
and adjacent structures will substantially inhibit the growth of the required
deciduous trees, such trees may be located along another perimeter of the site in a
manner approved by the director.
(2) Interior landscaping requirements.
a. Interior landscaping requirements shall not apply to the levels of parking
structures which are covered by decks or roofs.
1989-51 -13
b. Where an uncovered parking structure is proposed, if the parking surface
is at grade or up to five (5) feet above finish grade, then the internal landscaping
requirements specified for surface parking lots shall apply. However, plant
materials such as small trees and shrubs may be substituted for the larger trees
required in surface lots, subject to the approval of the director.
c. Internal landscaping requirements shall not apply where the parking
surface of an uncovered parking structure is greater than five (5) feet above finish
grade.
(3) Additional screening required.
Appropriate screening in the form of landscaping, decorative fences or
architectural walls shall be installed on or adjacent to each parking structure to
provide a complete, year-round buffer of exposed motor vehicles from adjacent
property.
(c) Encroachment upon landscaped strip.
Required landscaped strips shall not be encroached upon by parking or
driving surfaces except that driving lanes may traverse such strip in a perpendicular
alignment to provide the necessary ingress and egress to the parking areas. In
addition, to ensure that no part of any motor vehicle overhangs any required
landscaped strip, concrete bumper blocks shall be provided or the landscaped strip
shall be enlarged by two (2) feet in overhang areas.
(d) Plant materials.
All plant materials shall be as specified in the Community Appearance Plan,
unless otherwise approved by the director.
(e) Minor deviations.
Minor deviations from the provisions of this section may be permitted by
the zoning adminisla'ator, with the concurrence of the board of architectural review,
provided that the proposed landscaping provides coverage equal to or greater than
that required herein.
Sec. 26-70. Additional landscaping required.
Any development or redevelopment of any site located in an area included in
the Community Appearance Plan shall incorporate the applicable landscaping
improvements identified in that plan.
Sec. 26-71. Conflicting provisions.
Where provisions of this chapter dictate conflicting landscaping or screening
requirements, the more stringent requirements shall prevail.
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Sec. 26-71.1. Violations.
Violation of any provision of this division shall be punishable as prescribed
in Section 26-7 provided that a violation of the provisions of Section 26-67 shall be
punishable by dvil penalties not to exceed two thousand five hundred dollars
($2,500) for each offense. The removal or destruction of each nee in violation of
the provisions of this division shall be considered a separate offense.
Sec. 26-71.2. Special exceptions.
City council may, upon application of the property owner, grant special
exceptions modifying the requirements of this division in accordance with the
procedures and limitations established for special use permits in Section 26-103.
Special exceptions shall be granted only if the applicant has clearly demonstrated a
situation of extreme topography, unusual lot shape or ex~xaordinary circumstance.
In addition, the requested special exception shall only be granted if the city council
finds that the proposed development will not be inconsistent with the
Comprehensive Plan, the Community Appearance Plan and the purpose of this
division, and otherwise will not result in inadequate on-site amenity or any
condition which will adversely affect nearby property. Requests for special
exceptions may be granted in whole, in modified form with conditions or denied by
the city council after consideration of the requisites presented above."
BE IT FURTHER ORDAINED that the first sentence of Section 26-22 (m) is
hereby amended to read as follows:
"A tree management plan as required in Division 10 and a landscaping plan
showing the location, number, type and size of all proposed plant material at the
planting and maturity stages."
BE IT STILL FURTHER ORDAINED that the following is hereby added to
Section 26-22 (r):
"(8) Tabulation of tree canopy on the site at ten (10) year maturity."
BE IT STILL FURTHER ORDAINED that the second sentence of Section 26-24
(j) is hereby amended to read as follows:
"If dumpsters are used for refuse disposal, then each dumpster shall be located on a
concrete pad with minimum dimensions of twenty (20) feet by twelve (12) feet and
screened in accordance with the requirements contained in Division 10."
1989-51 -15
BE IT STILL FURTHER ORDAINED that Section 26-25 is hereby amended to
read in its entirety as follows:
"Sec. 26-25. Screening.
Screening from adjacent property shall be provided in accordance with the
requirements contained in Division 10, Tree Preservation, Landscaping and
Screening."
BE IT STILL FURTHER ORDAINED that Section 26-26 is hereby amended to
read in its entirety as follows:
"Sec. 26-26. Completion agreement and bond.
Prior to the approval of any site plan, there shall be executed by the owner
or developer and submitted with the site plan an agreement in form and substance as
approved by the city to construct all physical improvements required by the
provisions of this chapter. A bond shall accompany the site agreement with surety
acceptable to the city in the amount of:
(a) one hundred (100) percent of the estimated cost of all required
improvements which are to dedicated to public use or connected to a public facility;
and
(b) twenty-five (25) percent of the estimated cost of all other required
physical improvemems; and
(c) one hundred (100) percent of the estimated cost of all plant material
required by this chapter or designated to be preserved in the development process.
All estimates of cost shall accompany the site agreement and shall be subject to
approval by the site plan approving agent. The aforesaid agreement and bond shall
be provided to ensure completion of all work or improvements therein stated within
the time cited in the agreement and determined by the agent. The completion time
may be extended by the city manager upon written application by the owner or
developer, signed by all parties to the original agreement and to the bond. The
adequacy, conditions and acceptability of any bond hereunder shall be determined
by a bond committee appointed by the city manager. In any case where the bond
committee has rejected any such agreement or bond, the owner or developer may
appeal such decision to the city council."
BE IT STILL FURTHER ORDAINED that Section 26-39.2 (e) is hereby amended
to read in its entirety as follows:
"(e) Landscaping: Landscaping within and adjacent to parking areas shall be
provided as required in division 10 entitled Tree Preservation, Landscaping and
Screening."
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BE IT STILL FURTHER ORDAINED that Section 26-39.6 is hereby amended to
read in its entirety as follows:
"Sec. 26-39.6. Parking Structures.
(a) Landscaping within and adjacent to parking structures shall be provided
as required in division 10 entitled Tree Preservation, Landscaping and Screening.
(b) All parking structures shall have such design and character as not to
detract from the value and general harmony of design of buildings existing in the
sun'ounding areas.
(c) Parking structures shall be designed and located in a manner as not to
produce undue noise, glare, smoke or odor which may affect adjacent properties."
This ordinance shall be effective as provided by law.
PUBLIC HEARING BEFORE THE PLANNING COMMISSION: No~ 13, 1989
PUBLIC HEARING BEFORE THE CITY COUNCIL: December 12, 1989
ADOPTED: December 12, 1989
ATTEST:
..... OCity~3Clerk