1. A.
   Provide for preservation and planting of trees in the development process to create a specified tree canopy or cover in twenty years pursuant to the authority granted in Section 15.2-961 of the Code of Virginia, 1950, as amended and as more particularly set forth herein.
2. B.
   Provide parking lot landscaping to reduce the harmful effects of heat, noise and glare associated with motor vehicle use.
3. C.
   Provide for the creation of safe, attractively landscaped areas adjacent to public streets by using landscape materials which separate vehicular and pedestrian areas.
4. D.
   Provide for screening and buffering between incompatible land uses.
5. E.
   Provide for shade and enhance the appearance of urban areas.
6. F.
   Provide for the protection of ground water, improve air quality and stormwater management through the mitigating effects of trees.
7. G.
   Provide for useful and attractive open space areas.
8. H.
   Provide for required outdoor lighting.

Effective on: 1/1/1901

This article does apply to the enlargement of any parking lot but does not apply to the resurfacing of any existing parking lot. This article shall apply to the construction of any parking lot with greater than five (5) spaces and the construction, extension or widening of any street.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Scale. Plans shall be drawn to a scale of not less than 30 feet to the inch on sheets not exceeding 24 by 36 inches;
2. B.
   Contents. All plans shall illustrate with sufficient detail the location of all proposed construction including driveways, parking areas, curbs, sidewalks, utility lines, utility easements, structures and landscape areas. Landscape areas shall indicate dimensions, and all proposed trees shall be illustrated at their full canopy spread as listed in Sec. 12.9.6. Landscape material proposed must comply with the Design and Construction Standards Manual planting practices within easements;
3. C.
   Schedule. All plans shall be accompanied by a schedule of plants proposed, including the number proposed, their height, caliper or gallon size, common and botanical name, the amount of tree canopy area credit and percent diversity (See Section 12.9.4). The plan shall identify each plant species with a unique symbol. The Plant Schedule Table can be found at PLANTING SCHEDULE (leesburgva.gov); and
4. D.
   Open Space. All plans shall include a table calculating the amount of open space and number of plants and trees required by the Zoning Ordinance and the amount of open space and number of plants and trees provided.

Effective on: 1/1/1901

1. A.
   Scale. Plans shall be drawn to a scale of not less than 30 feet to the inch on sheets not exceeding 24 by 36 inches or an alternate scale agreed to by the Town.
2. B.
   Contents. All plans shall delineate the edges of predevelopment tree canopy, the proposed limits of disturbance and the location of the tree protection limits.
3. C.
   Worksheet. All plans shall include 20 year tree canopy calculations in accordance with Section 12.3.1 on a worksheet provided by the Town of Leesburg found at Large Canopy Trees (leesburgva.gov).
4. D.
   Tree Management Report. All plans shall include a Tree Management Report (TMR) that will document the health and structural condition of the existing trees to be preserved. A Tree Management Report shall follow the Tree Inventory and Condition Analysis Guide and the Tree Management Report Table found at 637514945046870000 (leesburgva.gov).

Effective on: 1/1/1901

1. A.
   Ten percent (10%) tree canopy for a site zoned business, commercial or industrial.
2. B.
   Ten percent (10%) tree canopy for a residential site zoned twenty (20) or more units per acre.
3. C.
   Fifteen percent (15%) tree canopy for a residential site zoned more than ten (10) but less than twenty (20) units per acre.
4. D.
   Twenty percent (20%) tree canopy for a residential site zoned ten (10) units or less per acre.
5. E.
   If the full canopy requirement cannot be achieved on-site, the remaining requirement of canopy shall be calculated with the cost amount listed in Section 12.3.3.B Pro-rata Tree Canopy Cost below and a fee for the total shall be collected and deposited in the Town of Leesburg tree fund.
6. F.
   For the purpose of this section, “site” shall include all of the area within a property boundary, either as proposed on the final subdivision plat or site plan or the existing property (property line to property line). In instances where a small portion of land is not being subdivided out of a larger tract of land and is the subject of a site plan application, the Land Development Official may accept the smaller site area for canopy calculation purposes. For multi-phased or sectioned subdivisions, canopy may be calculated for the overall subdivision.

Effective on: 1/1/1901

1. A.
   Fee Basis. Fees collected for these purposes shall be based on the cost to establish 20-year canopy cover using two-inch caliper nursery stock tree.
2. B.
   Pro-rata Tree Canopy Cost. The cost to establish a new tree with a twenty (20) year canopy area starting with a two (2) – inch caliper nursery stock shall be $990.00. This price covers the cost typically associated with purchasing plant material, cost of installation, and cost associated with proper tree care to ensure the development and survival of a healthy tree.
3. C.
   Five Year Time Limit. Any fees collected for these purposes must be spent within a five-year period established by the collection date or the fees will be refunded to the original contributor or legal successor.

Effective on: 1/1/1901

Existing tree canopy credit shall be granted if the following steps are taken:

1. A.
   Trees are listed on a Tree Management Report with a condition rating of 40% or greater;
2. B.
   Trees are shown on the Tree Preservation Plan with their Critical Root Zone entirely within the delineated tree protection area;
3. C.
   Tree protection details and narratives are on the Tree Preservation Plan; and
4. D.
   Credit will be given as 1.5 times the full diameter of the tree’s drip line for sites with tree canopy requirements of 10% or less. For example, for a 30 feet diameter canopy, credit will be given for a 45 feet diameter save area. Credit will be given at 2 times the full diameter of the tree’s drip line for sites with a tree canopy requirement of 15% or greater. For example, for a 30 feet diameter canopy, credit will be given for a 60 feet diameter save area.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   The size, type and condition of existing street trees;
2. B.
   The majority of street trees planted shall be medium or large scale canopy trees to provide shade and visual relief except where overhead utility lines prohibit such trees;
3. C.
   Only trees having a mature height of less than 20 feet shall be located under overhead utility lines;
4. D.
   Understory trees should be planted in groups; and
5. E.
   Only single stem trees shall be planted as street trees.

Effective on: 1/1/1901

are planted under or near overhead utility lines and understory trees are required per Sec. 12.4.2.C, one (1) tree should be provided for every thirty (30) feet of street frontage. In the case of capital improvement projects for public streets, one (1) tree should be provided for every forty (40) feet of street frontage; however, in no case shall there be a net loss in the number of trees in the area improved. In cases where street trees are planted under or near overhead utility lines and understory trees are required per Sec. 12.4.2.C, one (1) tree should be provided for every thirty (30) feet of street frontage.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Modification/Waiver Provision. Street tree plantings may be reduced or eliminated at the discretion of the Land Development Official in accordance with the provisions below and provided canopy coverage calculations are submitted with every modification request. Payment to the Tree Canopy Fund is required when the minimum standards found in Section 12.3.1 have not been met. Any such modification issued by the Land Development Official shall be in writing and shall set forth the reasons for granting the modification.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   The requirements of this section shall specifically not apply to vehicle sales facilities.
2. B.
   The Land Development Official shall have the authority to waive or modify interior parking lot landscaping requirements for a public law enforcement facilities when it is determined that such landscaping is in conflict with security measures for that facility. A request for modification, waiver or reduction of interior parking lot landscaping requirements by the Land Development Official shall be in writing and shall state the reasons for granting the request.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Residential

   1. 1.
      Ra - Single-family detached and duplexes
   2. 2.
      Rb - Single-family attached (townhouses)
   3. 3.
      Rc - Multi-family residential
2. B.
   Institutional

   1. 1.
      Ia - Low Intensity uses including libraries, post offices, churches and public parking lots, schools, child care centers, active parks and recreation facilities, W&OD Trail.
   2. 2.
      Ic - Emergency Services including hospitals and fire and rescue stations
3. C.
   Commercial

   1. 1.
      Ca -Offices and general retail uses under 10,000 square feet gross floor area
   2. 2.
      Cb -Offices and General retail uses over 10,000 square feet gross floor area and minor utilities
   3. 3.
      Cc -Hotels and motels, fast-food restaurants, convenience grocery stores, banks with a drive-through window, vehicle sales and service, monopole and transmission tower telecommunication facilities, the airport, and natural spring water extraction and bottling plant.
4. D.
   Industrial

   1. 1.
      INa - Industrial uses without outdoor storage
   2. 2.
      INb - Industrial uses with outdoor storage and major utilities

Effective on: 1/1/1901

1. A.
   Properties in the H-1 Overlay, Old and Historic District. Buffer-yards may be reduced or eliminated at the discretion of the Land Development Official for development plans or subdivisions in the H-1 Overlay, Old and Historic District. An opaque screen accomplished through the construction of architectural features, walls or the planting of vegetative materials may be required as a substitute for all or a portion of the required buffer-yard. The Board of Architectural Review must approve the non-vegetative, architectural screens, if any. Any such modification shall be issued by the Land Development Official before an application may be considered by the Board of Architectural Review on the subject property. The modification shall be in writing and shall set forth the reasons for granting the modification.
2. B.
   Usable Lot Area. Where the strict provisions of this article would reduce the usable area of a lot due to lot configuration or to a point which would preclude a reasonable use of the lot, buffer-yard requirements may be waived or modified by the Land Development Official where the side of a building, a barrier and/or the land between the building and the property line has been specifically designed to minimize the adverse impact through a combination of architectural and landscaping techniques.
3. C.
   Special Design. Buffer yard requirements may be waived or modified by the Land Development Official where the side of a building, a barrier and/or the land between that building and the property line has been specifically designed to minimize the adverse impact through a combination of architectural and landscaping techniques.
4. D.
   Construction of Walls. Buffer-yard requirements may be reduced by up to one-third (1/3) where the developer constructs a six (6) foot high brick or stone wall if the Land Development Official finds the intent of the buffer-yard regulations is better served by inclusion of the wall. The Land Development Official shall set forth in writing the reasons for such determination.
5. E.
   Combined Site Plan. The Land Development Official may modify or reduce the requirements for buffer-yards when the adjoining land uses are developed under a combined site plan.
6. F.
   Special Exceptions. All uses allowed by special exception in a given district shall be required to provide buffer yards using the Section 12.8.3. Buffer Yard Matrix and Section 12.8.5.B. Useable Lot Area; C. Special Design; D. Construction of Walls; and applicable sections of the Town Plan as guides. The Town Council, as part of the special exception approval, may modify the buffer-yard except for properties located within the H-1 Overlay, Old and Historic District. Any such modification shall insure that adequate screening and buffering are provided to mitigate potential adverse impacts on adjacent properties associated with the special exception use.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Design and Other Specifications. Dumpsters or other trash receptacles shall be screened from public view on 3 sides by a solid wall at least six (6) feet in height and on the fourth side by a solid gate at least five (5) feet in height. The gate and wall shall be maintained in good working order and shall remain closed except when trash pick-ups occur. The wall and gate shall be architecturally compatible with other buildings and structures on the site.
2. B.
   Setbacks. All enclosures shall be located a minimum of twenty-five (25) feet from residential zoning districts, provided that the Zoning Administrator shall be authorized to approve reduced setbacks when site size or other conditions prevent compliance with this setback.

Effective on: 1/1/1901

1. A.
   Street Trees: Caliper: Two inches
2. B.
   Large Canopy Trees: Caliper: Two inches
3. C.
   Medium Canopy Trees: Caliper: Two inches
4. D.
   Evergreen Trees: Height: 6 feet minimum; full branching
5. E.
   Understory Trees: Height: 6 feet minimum
6. F.
   Shrubs: Height: 18 inch minimum
7. G.
   Hedges: Planted and maintained to form a continuous, solid visual screen at least two feet in height within one year after planting

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Maintenance Requirements

   1. 1.
      Responsibility. The owner or the owner’s agent shall be responsible for the maintenance of all open space areas in a reasonable condition.
   2. 2.
      Condition. All open space areas shall be kept in a clean, attractive and safe condition. All open space areas shall be kept open to the residents or occupants this open space is intended to serve.
   3. 3.
      Repair. The owner or agent, upon written notice of the Zoning Administrator, shall repair any defective condition of the open space areas that render these spaces unusable or unsafe, within thirty (30) days. If the deficiencies set forth by the Zoning Administrator have not been rectified within the 30-day period or any extension thereof, the town, in order to preserve property values in the area and to prevent the open space from becoming a public nuisance, may repair the open space to a reasonable condition in accordance with the approved landscape plan. The owner shall be responsible for reimbursing the town for any costs associated with this repair.

Effective on: 1/1/1901

1. A.
   Articles of Incorporation. The articles of incorporation, by-laws or other organizational documentation for the nonprofit organization.
2. B.
   Covenants. The covenants or restrictions related to the use of common property including the system and amounts of assessments.
3. C.
   Right of Entry. A document granting the right of entry upon such common property to the town police officers, fire and rescue squad personnel while in pursuit of their duties; and, in the case of private access ways and common driveways, permitting the enforcement of cleared emergency vehicle access.
4. D.
   Deed of Conveyance. A copy of the Deed of Conveyance and a Title Certificate or, if approved by the Town Manager, a commitment for a policy of title insurance issued by an insurance company authorized to do business in Virginia, assuring unencumbered title for all lands proposed to be conveyed to the town, other appropriate governmental agency, or other organization, including the non-profit organization.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. A.
   Service station and service station/mini-mart canopy lighting shall not exceed a maintained level of 20 foot-candles under the canopy as measured horizontally at grade at the inside of the outside edge of the canopy. All underside canopy lighting shall consist of full cut-off lighting fixtures.
2. B.
   Outdoor display area lighting used in conjunction with a vehicle sale, rental and ancillary service establishment shall not exceed a maintained lighting level of 20 foot-candles as measured horizontally at grade. For the purpose of this section, outdoor display areas shall include all display/storage areas for vehicles offered for sale or rent and the associated travel lanes.

Effective on: 1/1/1901

1. A.
   Lighting fixtures and standards required by the Federal Communications Commission, Federal Aviation Administration, Federal and State Occupational Safety and Health Administrations or other federal, state or town agencies, to include street lights within the public right-of-way.
2. B.
   Outdoor lighting fixtures required by law enforcement, fire and rescue, the Virginia Department of Transportation or other emergency response agencies to perform emergency or construction repair work, or to perform nighttime road construction on major thoroughfares.

Effective on: 1/1/1901