Bill Text: VA HB529 | 2024 | Regular Session | Enrolled
Bill Title: Trees; conservation and replacement during development process.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2024-04-17 - House sustained Governor's veto [HB529 Detail]
Download: Virginia-2024-HB529-Enrolled.html
Be it enacted by the General Assembly of Virginia:
1. That §15.2-961 of the Code of Virginia is amended and reenacted as follows:
§15.2-961. Replacement of trees during development process in certain localities.
A. For purposes of this section, "tree canopy" or "tree cover" 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.
B. 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. C. 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
more than five but not more than 10 units or less per acre.
5. Twenty-five percent tree canopy for a residential site zoned more than two but not more than five units per acre; and
6. Thirty percent tree canopy for a residential site zoned two or fewer units per acre.
For purposes of this subsection, where a locality approves an increase in the number of units per acre through development or subdivision of existing units through a site plan approval, such site plan approval may require that the plan meet the tree canopy percentage applicable to the site in its predevelopment state.
However, the City of Williamsburg may require at 10 years the minimum tree canopies or covers set out above.
C. D. 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
§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. E. 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. F. 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 developer
requests and the locality concurs that strict application of the
requirements would result in unnecessary or unreasonable hardship to the
developer or prevent the development of uses and densities otherwise allowed
by the locality's zoning or development ordinance. Such a determination may
take into consideration neighborhood environmental and natural resource
considerations such as stormwater management and preservation of trees of
outstanding age, size, or physical characteristics. In such instances, the
ordinance may provide for a tree canopy bank or fund, which bank or fund
shall be consistent with subdivisions G 1 and 2 of §15.2-961.1 whereby a
portion of a development'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. G. 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. H. 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:
"Tree canopy" or "tree cover" 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. The ordinance may permit the locality without entering the property to monitor and assess the condition and coverage of tree canopies at development sites approved pursuant to the ordinance during the time period up to 20 years' maturity of the planted trees.
I. J. 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. K. In no event shall any local tree
replacement or planting ordinance adopted pursuant to this section exceed the
requirements set forth herein.
K. L. 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. M. 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. N. 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. O. Nothing in this section shall prohibit or
unreasonably limit silvicultural practices in accordance with §10.1-1126.1.
