Chapter 148 SUBDIVISION AND LAND DEVELOPMENT. (updated 7-28-08)

Section 148-46 DEVELOPMENT TREE PLANTING.

A.  All major subdivisions and developments shall provide for the planting and/or replacement of trees on the subdivision or development site to the extent that, at maturity of twenty (20) years, minimum tree cover will be as follows:

    Zoning District of    Percent

    Subdivision or Development                                       Tree Cover

    C-1, C-3, I-1 and I-2                                                            10

    R-2 and R-3                                                                          15

    R-1                                                                                        20

(Ord. No. 16-98 Added C-3 11-23-98-Effective Upon Passage)

B.  Existing trees that are to be preserved may be included to meet all or part of the tree cover requirements, provided that the existing trees are included on the landscape plan and said trees meet the requirements for tree preservation in the adopted Landscape Preservation and Planting Guide for the Town of Front Royal.  Credit for each freestanding tree or group of trees against the tree cover requirements will be as provided in said Guide.

C.  Planted trees that may qualify for tree cover credit shall include the trees in interior parking lot landscaping, foundation planting, landscaped open space and buffers, environmental planting screens, street trees or other trees that are planted on the site.  The tree cover calculations for planted trees shall be based on the projected twenty-year tree cover area for each tree as shown in the adopted Landscape Preservation and Planting Guide.  Other trees and larger tree sizes may be given tree cover credit with the submission and approval of supporting tree cover data.

D.  Tree cover requirements may be waived or modified by the town to permit the reasonable development of farm land or other areas devoid of woody materials.

E.  The following areas shall be exempt from the requirements of the Land Preservation and Planting Guide, as follows:

      1.  Dedicated school sites.

      2.  Playing fields and other nonwooded recreation areas.

      3.  Floodplains and wetlands.

4.  Other areas where, in the opinion of the town, the strict application of the requirements would result in unnecessary or unreasonable hardship to the developer.

F.  Tree cover and planting requirements shall be completed by the developer or subdivider prior to the issuance of any occupancy permit or business licenses.  Exceptions may be made when weather conditions or other justifiable circumstances exist or occur that impede tree planting. In such cases, the subdivider or developer shall provide a performance bond with surety satisfactory to the town for the installation of required planting in accordance with a completion schedule.

G.  Following the issuance of a residential occupancy permit, an individual lot owner shall be free to add, remove or relocate trees on his property, notwithstanding the requirements stated herein.

H.  The subdivider or developer shall be required to replace within one (1) year from the date of planting any trees that do not survive or that, in the opinion of the town, are diseased, malformed or otherwise undesirable.  The subdivider or developer shall execute a maintenance agreement with the Town of Front Royal to ensure performance under this section.

I.  All plantings shall be performed in accordance with the adopted Landscape Preservation and Planting Guide for the Town of Front Royal.