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TOWN OF PURCELLVILLE
IN
LOUDOUN COUNTY, VIRGINIA
ORDINANCE NO. 00-00-00 PRESENTED: April 4, 2006
ADOPTED:
AN ORDINANCE: AMENDING CHAPTER 86. VEGETATION; BY CREATING SECTION 86-2 TREE CONSERVATION; OF THE TOWN CODE OF THE TOWN OF PURCELLVILLE PURSUANT TO SECTION 10.1-1127.1 OF THE CODE OF VIRGINIA AND SECTION 15.2 THE CODE OF VIRGINIA
BE IT ENACTED AND ORDAINED BY THE COUNCIL OF THE TOWN OF PURCELLVILLE THAT CHAPTER 86 OF THE TOWN CODE OF THE TOWN OF PURCELLVILLE IS HEREBY AMENDED BY ADDING A NEW SECTION 86-2 AND RENUMBERING THE RESERVED SECTIONS AS FOLLOWS:
Chapter 86. VEGETATION
Section 86-1. Weeds and other foreign growth on vacant developed or undeveloped property. [No change]
Section 86-2. Tree Conservation
Section 86-2.1. Purpose.
The purpose of this section is to encourage the planting and proper care of trees throughout the Town, to promote the preservation of existing trees and the replenishment of tree stock to the maximum extent possible. These actions are intended to promote and contribute to the health, safety and general welfare of the Town and its inhabitants by decreasing flooding, soil erosion, air pollution and noise, by removing unsafe and hazardous conditions and by improving aesthetics and quality of life.
Section 86-2.2 Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in this section, except where the context clearly requires a different meaning:
Arborist or Urban Forester -A person trained in arboriculture, forestry, landscape architecture, horticulture or related fields and experienced in the conservation and preservation of trees.
Critical root zone (CRZ) This is the root zone of the tree that extends out from the trunk to the normal drip line and beyond. At a minimum, the CRZ is defined to be 1 foot per diameter inch up to 1.5 feet per diameter inch depending on the species.
Diameter at breast height (dbh) The diameter of a tree is determined by measuring the circumference of the trunk at 4.5 feet above the ground or at breast height. In the case of multiple trunks, the collective diameter of all trunks at 4.5 feet above grade will constitute this measurement.
Drip Line A line depicting the circumference of the spread of the tree.
Heritage tree -Any tree which has been individually designated by the Town Council to have notable historic or cultural interest.
Memorial tree -Any tree which has been individually designated by the Town Council to be a special commemorating memorial.
Park tree Any tree, shrub or woody vegetation in an individually named public park and in all public property owned by the town and to which the public has free access such as a park.
Private property Any parcel of land, right-of-way or easement owned by a private entity.
Public property - Any parcel of land, right-of-way or easement owned by a public entity, including but not limited to the Town of Purcellville, LoudounCounty and the Northern Virginia Regional Park Authority.
Silviculture - The management of forests or woodlands for the production of timber and other wood products; i.e., growing trees as a crop.
Specimen tree Any tree which has been individually designated by the Town Council to be notable by virtue of its outstanding size and quality for its particular species.
Street tree Any tree which has been individually designated by the Town Council and which grows or is proposed to be grown in the street right-of-way, in a public tree planting easement or on private property as authorized by the owner and placed or planted there by the Town.
Town Arborist The Arborist or Urban Forester designated by the [Town Council] [Town Manager].
Tree A woody perennial plant having at least one well-defined stem or trunk and with a diameter of 4 inches or more at a point 4.5 feet above ground. The Town Arborist/Tree and Beautification Commission (or Town designee) shall have the right to determine whether any specific woody plant shall be considered a tree or a shrub. Such determination shall be final and not subject to appeal.
Tree and Beautification Commission The commission established by Ordinance No. 04-09-01 on November 9, 2004 with a majority of the members being residents of the town.
Tree topping - The severe cutting back of limbs to stubs to such a degree so as to remove the normal canopy, injure and/or disfigure the tree.
Vision Clearance The area included within the street that, if obstructed, will materially impede the view of a driver of a vehicle approaching a street intersection.
Section 86-3.0 Plan for care of trees on public property
The Town Arborist/Tree and Beautification Commission (or Town designee) shall develop, update annually, and administer a management plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets, and in other public property. The plan shall be submitted at the end of the fiscal year to the Town Council. The standards and specifications contained within the plan shall apply not only to work performed by the Town but to private individuals and contractors as well.
Section 86-3.1 Listing of trees acceptable for planting (SeeTown of Purcellville Zoning Ordinance)
The Town Arborist/Tree and Beautification Commission (or Town designee) shall develop, maintain and update a listing of trees considered most desirable for planting along streets in the following three size classes based on mature height:
Small (under 15 feet)
Medium (15 to 30 feet)
Large (over 30 feet)
A list of trees not suitable for planting shall also be developed and regularly reviewed and updated by the Town Arborist/Tree and Beautification Commission (or Town designee). This list will include, among others, trees considered to be invasive and those that are considered to be water-seeking trees.
Section 86-3.2 Spacing between street trees
Street trees shall be planted no closer together than the following:
Small size class 25 feet
Medium size class 40 feet
Large size class 50 feet
An exception may be made to the above spacing for special plantings depending upon the species, setting or purpose as authorized by the Town Arborist/Tree and Beautification Commission (or Town designee) and as described in the Town of Purcellville Zoning Ordinance.
Section 86 -3.3 Plantings near Curbs and Sidewalks (See Town of Purcellville Zoning Ordinance)
Street trees may be planted no closer than 4 feet to any curb or sidewalk. An exception may be made for special plantings if authorized by the Town Arborist/Tree and Beautification Commission (or Town designee).
Section 86-3.4 Plantings Near Street Corners and Fire Hydrants
No tree shall be planted near street corners or curbs in such a way as to obstruct visual clearance in conformance with VDOT site clearance standards. No tree shall be planted within 10 feet of any fire hydrant.
Section 86-3.5 Plantings Near Overhead Utilities
No street tree shall be planted near overhead utilities other than those species included in the Virginia Cooperative Extension publication 430-029. An exception may be made for special plantings if authorized by the Town Arborist/Tree and Beautification Commission (or Town designee).
Section 86-3.6 Pruning Street Trees by Utility Companies
Public utility companies shall notify the Town Arborist/Tree and Beautification Commission (or Town designee) in writing prior to any pruning of any tree located on Town owned property or within a Town easement for the purpose of maintaining safe line clearance. Such work shall be performed in accordance with accepted arboricultural standards set forth by the International Society of Arboriculture.
Section 86-4.0 Planting, Maintenance and Removal
The Town shall have the right to plant, maintain, and remove trees, plants and other woody ornamentals or parts thereof on public property or within Town easements. The Town Arborist/Tree and Beautification Commission (or Town designee) may remove or order to remove any tree or part thereof which is in an unsafe condition, or which by reason of its nature is injurious to, or limits access to sewers, fire hydrants, electric lines, or other utility lines (pipes), or any other public improvements, or is affected with any injurious disease, insect or condition.
This section does not prohibit the planting of street trees within the road right-of-way by abutting property owners as a donation or contribution, provided the Town Arborist/Tree and Beautification Commission (or Town designee) grants prior written approval. The selection and location of said trees shall be in accordance with the provisions of this ordinance, the Town of Purcellville Zoning Ordinance and any other applicable Town regulations.
The Town may also allow Right-of-Way (ROW) plantings provided the Town Arborist/Tree and Beautification Commission (or Town designee) gives prior written permission. A written request to install ROW plantings shall be addressed to the Town Arborist/Tree and Beautification Commission (or Town designee).
Section 86-4.1 Tree Management Plan (to be included in Zoning Ordinance)
A tree management plan is required with site development plans and subdivision applications as noted in the Town of Purcellville Zoning Ordinance. The Tree and Beautification Commission may serve in an advisory capacity to the Planning Commission in the administration of the Towns landscaping, screening and open space regulations.
Section 86-4.2 Installation of Tree Lights
Prior written approval of the Town Arborist/Tree and Beautification Commission (or Town designee) is required to install decorative lights in Town-owned trees on public property and such lights may be installed only for periods which will not interfere with the proper growth and maintenance of the trees. All lighting must fully comply with the Town of Purcellville Zoning Ordinance outdoor lighting regulations. Effort should be made to install power at the time of initial tree planting.
Should this be done by Permits?
Section 86-4.3 Pruning of Privately Owned Trees
Every owner of any tree overhanging any public street or public right-of-way within the Town shall prune the branches so that such branches shall not severely obstruct the light from any street lamp or obstruct the view of any street intersection, and so that there shall be a clear space of fourteen feet (14) above street surface or eight (8) above the sidewalk surface. Said owners shall remove all dead or diseased trees or all broken and decayed limbs which constitute an elevated risk to public safety.
In the event any such tree is not pruned or removed as required in this section, a Notice of Intent to Prune shall be sent to the homeowner by certified mail. The homeowner will have 60 days from the date of such Notice to comply. If compliance is not met within this time frame, the Town may perform the pruning and charge the costs to the homeowner by presenting evidence of the costs incurred to the homeowner. The homeowner shall then pay such costs within 60 days after the receipt of evidence of such costs.
Section 86-4.4 Removal of Tree Stumps
Tree stumps located on public property shall be removed below the surface of the ground so that the top of the stump shall not project above the existing grade.
Sec. 86-5.0 Acts Harmful to Trees on Public Property.
1. No person shall abuse, mutilate or otherwise damage any tree located on public property, or any tree protected by Section 86-7.0 (below), including those street trees located along street frontages within a subdivision. However, nothing in this section shall be construed to prevent reasonable and proper trimming of trees located on public property by authorized persons in accordance with accepted arboricultural standards set forth by the International Society of Arboriculture.
2. 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. The use of tree-climbing spikes is prohibited except for removals or in emergencies.
3. No person shall cover the ground with impervious material any closer to the trunk of a tree than its drip line. This provision may be waived by the Town Arborist, Tree and Beautification Commission (or Town designee) if it is determined that the proposed action will not harm the tree.
4. Unless otherwise authorized in writing by the Town Arborist/Tree and Beautification Commission (or Town designee), it shall be unlawful as a normal practice for any person or firm to top any tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this ordinance at the determination of the Town Arborist/Tree and Beautification Commission (or Town designee).
Section 86-6.0. Diseased or Dangerous Trees on Private Property.
When the Town Arborist/Tree and Beautification Commission (or Town designee) finds that a tree growing on private property creates an elevated risk to the public safety or welfare, s/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 by certified mail, or sooner if necessary to protect the public safety, the Town Arborist (or Town designee) may enter the property, remove the tree or otherwise mitigate the hazardous condition, and assess the cost thereof against the property owner.
Sec 86-7.0. Designation and Preservation of Special Trees.
This section shall regulate the preservation and removal of heritage, specimen, memorial and street trees as specified in State Code section 10.1 -1127
- The designation of a tree as heritage, memorial, specimen or street, as defined in this ordinance shall be recommended by the Town Arborist and approved by the Town Council through adoption of this ordinance. No tree on private property shall be designated without the express written consent of the property owner.
- This article does not apply to:
- Work conducted on federal or state property;
- Emergency work to protect life, limb or property;
- Routine installation, maintenance and repair of cable and wires used to provide cable television, electric, gas or telephone service;
- Activities with minor effects on trees, including but not limited to home gardening and landscaping of individual homes; and
- Commercial silvicultural or horticultural activities including but not limited to planting, managing, or harvesting forest or tree crops.
- If the application of this section results in any taking of private property for a public purpose or use, the Town shall compensate by fee or other consideration the property owner for such taking. In the event of such a taking, the provisions of Chapter 2 of Title 25.1 of the Code of Virginia, revised, shall apply. However, it is the intent of the Town that the application of this article shall not result in any taking of private property for public purposes without the express written consent of the owner. To the extent that the owners express written consent grants the Town any rights, that grant of rights is a gift.
- In deciding whether to designate trees, the Town shall consider planned land use by the property owner and by the Purcellville Comprehensive Plan.
- Designation of a tree under this section does not obligate the Town to inspect, maintain, or take any other action with regard to that tree.
- The Town will maintain a database of all designated trees.
Section 86-8.0 Education, Advice, and Assistance
- The Town Arborist/Tree and Beautification Commission (or Town designee) shall educate the public on the benefits of tree designation and the monetary and non monetary value of trees.
- The Town Arborist/Tree and Beautification Commission (or Town designee) shall provide information on the care, preservation, maintenance and/or removal of trees specifically designated as heritage, memorial or specimen trees to owners of the trees upon written request.
- The Town Arborist/Tree and Beautification Commission (or Town designee) may provide materials to property owners of designated trees for tree care, including fertilizer, soil conditioners, and ecologically safe pesticides when available.
- Any site plan, subdivision plan, or zoning permit application that concerns a property which has a designated tree, the Town Arborist/Tree and Beautification Commission (or Town designee) shall advise the property owner of its presence and suggest ways of preserving and maintaining the designated tree. Additionally, the provisions contained in Code of Virginia, Sections 15.2-960 and 15.2-961, as revised, shall apply.
[Upon reasonable notice, t]he Town Arborist/Tree and Beautification Commission (or Town designee) may inspect designated trees from time to time for safety and maintenance. When the Town Arborist conducts an inspection, s/he will give the owners of the property his/her written findings and recommendations, if any, related to the designated trees.
86-9.0.Violations.
Violation of this ordinance shall constitute a civil offense and be subject to fines up to $2500 for each violation. For purposes of this section, each tree removed or harmed without meeting the provisions of this article shall constitute a separate offense.
86-10.0 Enforcement.
The Town Arborist/Tree Beautification Commission (or Town Designee) is hereby charged with the responsibility for the enforcement of this ordinance.
86-11.0. Liability.
Nothing in this ordinance shall be deemed to impose any liability upon the Town, its officers or employees, the Town Arborist, the Tree and Beautification Commission or its members, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon any street tree area on his property or under his control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park or other public place within the Town.
86-12.0 Appeals.
Appeals from official actions taken in response to the provisions of this ordinance shall be made to the Town Council. The procedure for such appeals shall be the same as that set forth in the Ordinance for appeals from the Board of Architectural Review.
86.13.0 Severability.
Should any subsection, sentence, clause, provision or part of this section be held invalid for any reason, the remainder of this section shall not be affected thereby, but shall remain in full force and effect.
86.14.0 Effective Date.
This section is hereby declared to be in full force and effective from and after its passage and publication as provided by law.
Section 86-15.0 thru 86-40. RESERVED
State law reference: 10.1-1127.1
PASSED this 9th day of May, 2006.
___________________________________
William T. Druhan, Jr., Mayor
Town of Purcellville
ATTEST:
________________________________
Jennifer L. Helbert, Clerk of Council
(updated 3/28/06)
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