§ 122-3-1. Tree conservation plans


Latest version.
  • Tree conservation plans shall be submitted for review and approval by the Director as provided below and in accordance with the tree conservation plan provisions of Chapters 104 (Erosion and Sedimentation Control Ordinance), Chapter 101 (Subdivision Ordinance), and Articles 13 and 17 of Chapter 112 (Zoning Ordinance) of the Code.

    (a) Applicability.

    1. Section 104-1-2 of the Code states that a conservation plan is required of anyone engaging in land disturbing activities in the County.

    2. A tree conservation plan shall be required when land disturbing activity requiring a conservation plan involves the removal, preservation or replacement of trees or forested areas.

    3. Tree conservation plans shall be submitted as part of all preliminary subdivision plats, construction plans, and grading plans as required by Chapter 101 (Subdivision Ordinance) of the Code.

    4. Tree conservation plans shall be submitted as part of all site plans as required by Article 17 of the Zoning Ordinance.

    5. Tree conservation plans shall be submitted as part of all grading plans for Building Permits on existing lots that are not within a subdivision currently bonded with the County and parcels with lots of 5 acres or more as required by Chapter 104 (Erosion and Sedimentation Control Ordinance) of the Code.

    6. A site plan, preliminary subdivision plat, subdivision construction plan, conservation plan, grading plan, or rough grading plan approved by the Director and meeting the requirements contained herein shall constitute an approved tree conservation plan.

    7. Tree conservation plans and associated plans, narratives, calculations, deviations and modifications shall be prepared in accordance with the PFM.

    (b) Exceptions to Applicability. A tree conservation plan is not required to be submitted under the following conditions:

    1. Those exceptions to land disturbing activity as specified in Chapter 104 (Erosion and Sedimentation Control Ordinance) of the Code.

    2. For the removal of trees grown and intended to be sold as live trees in the course of business on nursery or dealer properties registered by the Virginia Commissioner of Agriculture and Immigration (Plant Pest Act of 1952). This provision does not supersede the requirement to obtain an approved conservation plan prior to engaging in any other land disturbing activity.

    3. A tree conservation plan shall not be required to cut down any tree which has become, or threatens to become, a danger to human life or property due to accidental or natural causes or other emergency.

    4. A tree conservation plan shall not be required for the harvesting of trees on commercial forest land if the operation is conducted in conformance with the Virginia Department of Forestry's Best Management Practices. However, when the State Forester is required to be notified of a timber harvesting operation, the operation shall be conducted pursuant to a forest management plan approved by the Director as provided in Public Facilities Manual § 12-0516. A forest management plan shall not be approved for land for which a commitment with the County, such as a proffered condition, has been made to preserve trees. (64-08-122.)