                                 CODE OF VIRGINIA

REPLACEMENT OF TREES DURING DEVELOPMENT PROCESS IN CERTAIN LOCALITIES (§
15.2-961)

A. Any locality with a population density of at least 75 persons per square mile
or any locality within the Chesapeake Bay watershed may adopt an ordinance
providing for the planting and replacement of trees during the development
process pursuant to the provisions of this section. Population density shall be
based upon the latest population estimates of the Cooper Center for Public
Service of the University of Virginia.

B. The ordinance shall require that the site plan for any subdivision or
development include the planting or replacement of trees on the site to the
extent that, at 20 years, minimum tree canopies or covers will be provided in
areas to be designated in the ordinance, 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 10 but
   less than 20 units per acre; and

   4. Twenty percent tree canopy for a residential site zoned 10 units or less
   per acre.
   				However, the City of Williamsburg may require at 10 years the minimum tree
   canopies or covers set out above.

C. The ordinance shall require that the site plan for any subdivision or
development include, at 20 years, that a minimum 10 percent tree canopy will be
provided on the site of any cemetery as defined in &#xA7; 54.1-2310,
notwithstanding any other provision of this section. In no event shall any local
tree replacement or planting ordinance adopted pursuant to this section exceed
the requirements of this subsection.

D. The ordinance shall provide for reasonable provisions for reducing the tree
canopy requirements or granting tree cover credit in consideration of the
preservation of existing tree cover or for preservation of trees of outstanding
age, size or physical characteristics.

E. The ordinance shall provide for reasonable exceptions to or deviations from
these requirements to allow for the reasonable development of farm land or other
areas devoid of healthy or suitable woody 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. In such
instances, the ordinance may provide for a tree canopy bank whereby a portion of
a development&#8217;s tree canopy requirement may be met from off-site planting
or replacement of trees at the direction of the locality. The following shall be
exempt from the requirements of any tree replacement or planting ordinance
promulgated under this section: dedicated school sites, playing fields and other
nonwooded recreation areas, and other facilities and uses of a similar nature.

F. The ordinance may designate tree species that cannot be planted 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 AmericanHort. The planting of trees shall be done in
accordance with either the standardized landscape specifications jointly adopted
by the Virginia Nursery and Landscape 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. Existing trees which are to be preserved may be included to meet all or part
of the canopy requirements, and may include wooded preserves, if the site plan
identifies such trees and the trees meet standards of desirability and life-year
expectancy which the locality may establish.

H. For purposes of this section:
			&#8220;Tree canopy&#8221; or &#8220;tree cover&#8221; includes all areas of
coverage by plant material exceeding five feet in height, and the extent of
planted tree canopy at 10 or 20 years maturity. Planted canopy at 10 or 20 years
maturity 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.

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

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

K. Nothing in this section shall invalidate any local ordinance adopted pursuant
to the provisions of this section prior to July 1, 1990, which imposes standards
for tree replacement or planting during the development process.

L. Nothing in this section shall invalidate any local ordinance adopted by the
City of Williamsburg that imposes standards for 10-year-minimum tree cover
replacement or planting during the development process.

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

N. Nothing in this section shall prohibit or unreasonably limit silvicultural
practices in accordance with &#xA7; 10.1-1126.1.

HISTORY: 1989, c. 715, § 15.1-14.2; 1990, c. 362; 1994, c. 420; 1997, c. 587;
2002, cc. 191, 226; 2003, c. 875; 2007, c. 813; 2013, c. 248; 2018, c. 399;
2022, c. 620.