The landscaping and buffer regulations of this article establish minimum requirements for landscaping and screening. The regulations are intended to advance the general purposes of this Development Code and to help:

1. 7.101.A
   Maintain and enhance the City’s appearance;
2. 7.101.B
   Mitigate possible adverse impacts of higher intensity land uses that are established near lower intensity land uses;
3. 7.101.C
   Reduce the impacts of noise and glare.
4. 7.101.D
   Maintain and improve air quality;
5. 7.101.E
   Protect water quality and reduce the negative impacts of stormwater runoff by reducing impervious surface area and providing vegetated areas that filter and retain greater amounts of stormwater on site;
6. 7.101.F
   Moderate heat by providing shade;
7. 7.101.G
   Ensure wise use of water resources; and
8. 7.101.H
   Encourage preservation of existing trees and landscaping.

The following are exempt from the landscaping and screening regulations of this article:

1. 7.102.A
   Agricultural uses;
2. 7.102.B
   Public parks and open spaces;
3. 7.102.C
   Detached houses and duplexes, except that the Residential Planting Requirements of Sec. 7.305 shall be provided for; and
4. 7.102.D
   Lots within the Downtown (D) zoning district.

Minimum landscaping requirements for new buildings and developments are as follows:

1. 7.201.A
   In the MU zoning district, at least 10% percent of the total lot area must be devoted to landscape development.
2. 7.201.B
   In the PI zoning districts, at least 10% of the total lot area must be devoted to landscape development. 
3. 7.201.C
   In the IN zoning district, at least 5% of the total lot area must be devoted to landscape development. 
4. 7.201.D
   In all other zoning districts, no landscape development must be provided. 
5. 7.201.E
   At least 18 diameter inches of canopy trees must be provided per acre of total lot area.

Landscape development provided within street setback areas are given double credit towards meeting the minimum landscaping requirements of Sec. 7.200.

The City Planner is authorized to reduce the minimum landscaping requirements of Sec. 7.200 to 7.5% in accordance with the following tree preservation and credit provisions:

1. 7.402.A
   Existing trees are given credit against minimum landscaping requirements, as follows:

   1. 1.
      For preservation of existing trees with a diameter at breast height of 12 inches or more, each diameter inch of preserved tree may be credited as 20 square feet of landscaped development.
   2. 2.
      For preservation of existing trees with a diameter at breast height of more than 3 inches but less than 12 inches, each diameter inch of preserved tree may be credited as 10 square feet of landscaped development.
   3. 3.
      Trees with a diameter at breast height of 3 inches or less may be counted towards satisfying tree planting requirements but are not given additional credit towards satisfying landscaped development requirements.
2. 7.402.B
   The tree preservation credits of this section are in addition to the planting area in which the tree is contained, provided that:

   1. 1.
      No tree may be given credit unless it is in a planting area whose least dimension is the radius of the crown spread of the tree measured from the trunk center, unless a landscape architect or arborist certifies in writing that the proposed planting area is sufficient to ensure the tree’s long-term health.
   2. 2.
      Any tree credits given must be revoked and disallowed if, during development and construction, the owner, contractor or any of their agents or employees, place solvent, materials, construction machinery, or temporary soil deposits within 6 feet, or the radius of the subject tree’s crown spread, whichever is greater.

1. 7.403.A
   The City Planner is authorized to reduce minimum off-street parking requirements by up to 10% or 1 space, whichever is greater, in order to accommodate minimum parking lot landscaping requirements.
2. 7.403.B
   The City Planner is also authorized to reduce minimum off-street parking requirements by up to 10% or 1 space, whichever is greater, for developments that exceed minimum landscaping requirements, provided that at least one additional 3-inch caliper tree is provided for every parking space eliminated.

Buffers are intended to mitigate the possible adverse effects (e.g., noise, lighting, and other site-related and operational impacts) that can occur when higher intensity development occurs abutting low-density, detached house residential areas.

1. 7.502.A
   Buffers are required when any nonresidential development occurs on parcels that abut RU, LR, and MR zoning districts or lots occupied by detached houses.
2. 7.502.B
   Buffers are required when any apartment/condo or group living use is developed on lots that abut an RU, LR, and MR district or a lot occupied by detached houses.
3. 7.502.C
   The buffer requirements of this section are triggered when new development occurs or when existing uses or buildings are expanded by more than 10% of their existing gross floor area.

1. 7.503.A
   Location

   Removal of existing vegetative buffers adjacent to lots occupied by detached homes is prohibited. A minimum of ten feet (10’) of existing vegetative buffer must be retained. 

   Buffers must be provided along the entire property line that abuts the RU, LR, and MR district or lot occupied by a detached house. Buffers may not be located on any existing, dedicated, or reserved public or private street or right-of-way.

2. 7.503.B
   Options

   Either of the following options may be used to satisfy the buffer requirements of this section:

   1. 1.
      Landscape Buffer

      Provide a landscape development area at least 8 feet in width with at least 3 evergreen shrubs per 10 linear feet of buffer area, plus at least one tree per 30 linear feet of buffer area. Required shrubs must be at least 18 inches in height upon planting and at least 4 feet in height at maturity. Required trees must be at least 10 feet in height at maturity.

   2. 2.
      Fence or Wall

      Provide a 6-foot solid wall or fence along the property line and at least one tree per 30 linear feet of fence or wall. Required trees and landscaping must be placed inside the fence or wall.

1. 7.504.A
   Required buffers may be used for nonmotorized trails and passive recreation uses, provided that:

   1. 1.
      No plant material is eliminated.
   2. 2.
      The total width of the buffer is maintained.
   3. 3.
      All other regulations of the Code are met.
2. 7.504.B
   With written permission of the City, a required buffer may include a stormwater detention area.
3. 7.504.C
   Buffers may not be used for any of the following: playfields, stables, swimming pools, tennis courts, or similar active recreation uses.

The purpose of this section is to establish rules and regulations governing the protection of trees within the City of Huntsville, to encourage the protection of native, healthy and desirable trees and to provide for the replacement and replanting of trees that are removed from developed or undeveloped property, or are necessarily removed during construction, development, or redevelopment. This Tree Preservation Criteria may be used as credit to comply with the Landscaping and Buffer requirements of Article 7.100.

The terms and provisions of this section shall apply to real property as follows:

1. 7.902.A
   All real property upon which any designated protected tree is located.
2. 7.902.B
   All vacant and undeveloped property.
3. 7.902.C
   All property to be redeveloped, including additions and alterations. 
4. 7.902.D
   The yard areas of all developed property, excluding owner-occupied single-family residential property; rental properties are not excluded and are specifically subject to the provisions of this section.
5. 7.902.E
   All easements and rights-of-way except those included in a plat approved by the City Planning Commission shall meet the terms and provisions of this section. Protected trees located within platted rights-of-way, easements and buildable areas need not be included in calculated replacement plans.
6. 7.902.F
   City of Huntsville Officials may require the removal of nuisance trees that can have an adverse effect on other trees or structures, either on public or private properties, by requiring their removal.

A tree removal permit shall be required when protected trees are to be removed from a site. No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any protected tree situated on property described above without first obtaining a tree removal permit from the city.

Permits for removal or replacement of protected trees covered herein shall be obtained by making application on a form prescribed by the city and submitted to the Development Services Department. The application shall be accompanied by a Tree Survey/Inventory showing the exact location, caliper size, height, and common name of all protected trees to be removed, excluding those in the buildable area. The application shall also be accompanied by a written document indicating the reasons for removal or replacement of protected trees and two copies of a Tree Survey/Inventory plan drawn to the largest practicable scale indicating the following:

1. 1.
   Location of all existing or proposed structures, improvements such as streets, alleyways, etc. and site uses, properly dimensioned and referenced to property lines, setback and yard requirements and special relationships.
2. 2.
   Date, scale, north point, and vicinity map. 
3. 3.
   Location of existing and proposed public utility easements, public access easements and drainage easements on the lot.
4. 4.
   Location and dimensions of visibility triangles on the lot. 
5. 5.
   Location of all protected trees on the site to remain that are three-inch caliper or greater when measured at a point 4½ feet above the ground level. Protected trees to remain shall be designated by a circle.
6. 6.
   Location of all protected trees on the site to be removed that are three-inch caliper or greater when measured at point 4½ feet above the ground level. Protected trees to be removed shall be designated by a triangle. 
7. 7.
   Tree information required above shall be summarized in legend form on the plan and shall include the reason for the proposed removal. 
8. 8.
   Protected tree replacement plan: The plan shall exhibit the location of protected trees proposed to be replaced and include a legend indicating the species, caliper size and height of proposed tree replacement. Replacement trees shall be designated by a square

The plan shall describe how existing healthy protected trees proposed to be retained will be protected from damage during construction.

Upon receipt of a complete application, Development Services staff shall review the applications for compliance with this section; said review may include a field inspection of the site, and the application may be referred to such departments as deemed appropriate for review and recommendations. Following the review and inspection, the permit applications will be approved, disapproved, or approved with conditions by Development Services staff as appropriate.

No protected tree or trees shall be removed prior to issuance of a tree removal permit unless one of the following conditions exist:

1. 1.
   The protected tree is located in a public utility easement, public access easement or public street right-of-way as recorded on a plat initially approved by the Planning Commission. 

   In the event that certain protected trees outside the above areas or protected trees located partially outside the easement are requested to be removed to allow the operation of equipment, the applicant shall submit a site plan which indicates the exact operation area needed. 

2. 2.
   The protected tree is diseased, injured, in danger of falling, interferes with utility service, creates unsafe vision clearance, or conflicts with other ordinances or regulations, the protected tree may be removed with the approval of the director of development services. 
3. 3.
   Except for the above, under no circumstances shall there be clear cutting of protected trees on a property prior to the issuance of a tree removal permit. 
4. 4.
   The Director of Development Services may approve the removal of protected trees that interfere with the construction of a building and/or the drainage of a lot. 
5. 5.
   The Director of Development Services may approve of the removal of a protected tree or trees located within a drainage easement if the removal is determined to be necessary to ensure the proper construction or maintenance of said drainage easement. 
6. 6.
   The following species of trees are exempt from the protection and preservation requirements stated within this ordinance and are considered invasive species. Invasive trees shall not be planted nor counted towards any tree caliper credit.

   1. ◾
      Tree of Heaven 
   2. ◾
      Mimosa, Silk Tree 
   3. ◾
      Paper Mulberry 
   4. ◾
      Chinese Parasol Tree 
   5. ◾
      Large Leaf Privets 
   6. ◾
      Chinaberry 1
   7. ◾
      Chinese Pistache 1
   8. ◾
      Chinese Tallow

      This list may not be all inclusive and is subject to change and will be periodically reviewed and updated if necessary, by the Planning Commission. 

7. 7.
   If under brushing is essential in order to conduct survey work necessary to produce a Survey/Inventory plan, the applicant shall request approval from the Director of Development Services prior to any under brushing activities taking place.

1. 7.1201.A
   During any construction or land development, the developer shall clearly mark all protected trees to be maintained and may be required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, and debris or fill to be placed within the drip line of any protected tree.
2. 7.1201.B
   During the construction stage of development, the developer shall not allow the cleaning of equipment or material under the canopy of any protected tree or trees to remain. Neither shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any protected tree or trees.
3. 7.1201.C
   No attachment or wires of any kind, other than those of a protective nature, shall be attached to any protected tree.
4. 7.1201.D
   Exceptions.

   1. 1.
      In the event that any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety, and require immediate removal without delay, authorization may be given by the Director of Development Services and the tree may then be removed without obtaining a written permit as herein required. 
   2. 2.
      During the period of an emergency such as a tornado, storm, flood, the requirements of this section may be waived as may be deemed necessary by Director of Development Services. 
   3. 3.
      Utility companies franchised by the City may remove trees which endanger public safety and welfare by interfering with utility service. 
   4. 4.
      Properties that retain Walker County Appraisal District agricultural, timber or wildlife exemptions are excluded from the provisions of this section. 
   5. 5.
      The provisions of this section shall not apply to any development that has received a building permit approval prior to the effective date of this ordinance.

1. ◾

   Live Oak

2. ◾

   Pecan Tree

3. ◾

   Smooth Hackberry

4. ◾

   American Elm

5. ◾

   Water Oak

6. ◾

   Redbud

7. ◾

   Loblolly Pine

8. ◾

   Crepe Myrtle

9. ◾

   Catalpa

10. ◾

    Post Oak

11. ◾

    Bois d’Arc

12. ◾

    Southern Red Oak

13. ◾

    Black Hickory

14. ◾

    Cherry Laurel

15. ◾

    Winged Elm

16. ◾

    Sycamore Tree

17. ◾

    Box Elder

18. ◾

    Southern Magnolia

19. ◾

    Cottonwood 

20. ◾

    Mimosa 

21. ◾

    Chinaberry 

    1. This list may not be all inclusive and is subject to change and will be periodically reviewed and updated if necessary, by the Planning Commission.