[Ord. of 8-7-2000]
This article shall be known and may be cited as the Town's
"Vegetation Ordinance."
[Ord. of 8-7-2000]
The Town recognizes that its urban forest is a vital part of
the community and wishes to ensure its citizens right to enjoy the
many benefits provided by public trees while being protected from
the attendant risks of personal injury and property damage. Accordingly,
it is the purpose and intent of this ordinance to preserve and protect
the public health safety and general welfare by regulating the planting,
maintenance and removal of public trees and the removal or trimming
of vegetation where a hazard exists; and, it shall be the policy of
the Town to:
(a) Establish and maintain maximum tree cover.
(b) Maintain trees in a healthy condition through good arboricultural
practices.
(c) Establish and maintain trees at an optimal level of age and species.
(d) Promote conservation of tree resources.
(e) Select, situate and maintain trees appropriately to maximize benefits
and minimize hazard, nuisance, hardscape damage and maintenance costs.
(f) Centralize tree management under one person having the necessary
expertise.
(g) Promote efficient and cost-effective management of the urban forest.
(h) Foster community support for a local urban forestry program and encourage
good tree management on privately owned properties.
[Ord. of 8-7-2000]
For the purposes of this ordinance, the following terms, phrases,
words and their derivations shall have the meanings respectively ascribed
to them in this section:
CRITICAL ROOT ZONE
The area beneath a tree's canopy that falls within the
tree's drip line; "drip line" is defined as a continuous line
which is a vertical projection of the outermost portion of the tree's
canopy onto the ground.
DBH
The diameter of a tree trunk measured at 4.5 feet above grade.
HARDSCAPE
The nonorganic components of an urban landscape such as streets,
gutters, curbs and sidewalks.
HAZARDOUS TREE
Any tree which because of condition, surroundings and/or
tendency to fail constitutes a risk to life, health or property.
MAINTENANCE
All operations which might be performed on a tree, including
(without limitation) trimming, pruning, spraying, injecting, fertilizing,
treating, bracing, cabling, and cutting either above or below the
ground.
PARK
That portion of the public area so named and designated by
the Town.
PERSON
Any natural person, firm, partnership, association, corporation,
company, or organization of any kind.
PUBLIC AREA
All land and rights-of-way within the Town's corporate
limits owned or held by the Town, including parks, cemeteries and
rights-of-way for streets, alleys, sidewalks, utility lines and facilities
and median strips.
PUBLIC UTILITY COMPANY
Any corporation, company, individual, association or cooperative
that is a "public utility" as defined in Code of Virginia, 1950, § 56-232
as amended.
TOP or TOPPING
The cutting of the branches and/or trunk of a tree in a manner
that substantially reduces the overall size of the spatial area occupied
by the tree and destroys the symmetrical appearance or natural shape
of the tree as shown at Page 21 of the A300 Pruning Standard described
in Sec. 78-10(b) of this ordinance.
TOWN
The Town administration and/or Town Council unless the context
indicates otherwise.
TOWN ARBORIST
A person with the qualifications set out in sec.
78-5(a) of this article who is trained or competent in the practice of arboriculture or forestry; and, who is employed by or under contract with the Town and charged with the responsibility for carrying out the provisions of this ordinance.
TREE
Any self-supporting woody plant growing upon the earth that
usually possesses one main trunk and produces a more or less distinct
and elevated head with many branches.
URBAN FOREST
The collection of trees, shrubs and other vegetation that
make up a community's urban landscape.
[Ord. of 8-7-2000]
All trees and shrubs now existing or hereafter planted in any
public area shall become the property of the Town, and be subject
to the provisions of this ordinance.