The preservation of existing trees and vegetation, as well as the planting of new vegetation, can significantly add to the quality of the physical environment of the community. The regulations outlined herein are designed to:

(1)

Preserve and promote the general health, safety and welfare of town citizens;

(2)

Respect and preserve the natural environment and protect Purcellville's historical, cultural and natural resources as outlined in the town's comprehensive plan;

(3)

Facilitate the creation of an attractive environment;

(4)

Provide a screen or barrier between dissimilar zoning districts which will minimize harmful impacts of noise, dust and other debris, glare from motor vehicle lights and other artificial sources of light, and other objectionable activities or impacts conducted on or caused by an adjoining or nearby dissimilar zoning districts;

(5)

Conserve natural resources and the benefits they provide including the protection of ground and surface water quality and air quality; the mitigation of flooding hazards; the stabilization of soil and the control of erosion and storm water runoff; the protection of sensitive areas; the absorption carbon dioxide and the supply of oxygen, an essential ecological function; and the provision of a haven for birds, which in turn assist in the control of insects;

(6)

Separate vehicular and pedestrian areas while providing opportunities for visual surveillance between these areas;

(7)

Provide shade and provide a buffer against noise and glare;

(8)

Preserve properties and their values; and

(9)

Encourage appropriate uses of land.

The provisions of this article shall apply to all site development plans and subdivision construction plans within the corporate limits approved after the effective date of this ordinance including those which include the reconstruction and enlargement of existing structures. This article does apply to the enlargement of any parking lot, but does not apply to the resurfacing of any existing lot. This article shall apply to the construction of any parking lot with ten or more parking spaces and the construction, extension or widening of any public or private street.

Because of the wide variety of developments, the relationships between them, and the lots upon which they are built, it is neither possible nor prudent to establish inflexible landscaping and buffering requirements. Therefore, credits and/or modifications satisfying the purpose and intent of this article and each section of this article may be permitted. Credits are contained in Subsection 5.7.3.

Modifications are contained in Subsection 5.9.8 and Subsection 5.12.7.

A landscape plan meeting the requirements of this article is required for all subdivision construction plan and site development plan applications.

(1)

In any commercial or industrial district, or in the common open space of any residential development, when no subdivision or site development plan is sought, any person proposing to remove or destroy any live, healthy tree which is four inches or greater diameter at breast height (DBH), shall first submit, for approval by the zoning administrator, with advice from the tree and beautification commission, or its designee, a plat showing the location of the trees proposed to be removed and photographs of the trees. The tree and beautification commission or its designee can employ, at its discretion and at the applicant's expense, an arborist for the purpose of determining if the tree or trees in question are live and healthy.

(2)

Contents of landscape plan. All landscape plans shall be prepared as follows:

(a)

For lots of less than 1.15 acres, every landscape plan required by this article shall be prepared by a landscape architect, landscape designer, nurseryman, or other individual with professional experience in landscaping. For lots of 1.15 acres or more, every landscape plan required by this article shall be prepared and certified by a landscape architect, engineer, landscape designer or landscape contractor.

(b)

Scale. Plans shall be drawn to a scale of not less than 30 feet to the inch.

(c)

Site analysis. A site analysis is required as part of the landscape plan for any site of three acres or more. A site analysis shall, by plan and narrative, address all existing site features, including, but not limited to, existing trees of four inches diameter at breast height (DBH); their driplines; species; specimen trees, heritage trees or memorial trees, as defined in this ordinance and Section 86-22 of this Code; proposed tree preservation areas; centerline and banks of streams; riparian habitat; any rare or threatened plant or animal species identified by state or federal agencies; stream buffers; topography; sensitive areas such as steep slopes, wetlands and floodplain; existing and proposed easements; historic features; other structures; utilities; rare and endangered plant species present; and rare and endangered animal species present or occasionally present.

(d)

Proposed development. All plans shall illustrate with sufficient detail the location of all proposed construction including the limits of clearing and grading, driveways, parking areas, curbs, sidewalks, utility lines, structures and landscape areas. Landscape areas shall indicate dimensions, and all proposed trees and plants shall be illustrated at installation size.

(e)

Existing vegetation. All plans shall show:

i.

The location, size, and species of all trees which are at least six inches in DBH;

ii.

A designation indicating whether each of these trees is to be preserved or removed;

iii.

For trees designated for preservation, specifications for their protection during construction, per the tree preservation and protection requirements of Section 2.5 of this article;

iv.

Proposed grade changes or other potentially injurious work within the dripline of trees designated for preservation with specifications for maintaining ground drainage and aeration around such trees; and

v.

Other information that the zoning administrator deems essential.

(f)

Schedule. All plans shall be accompanied by a schedule of plants proposed, including a key, the number proposed, their height, caliper or gallon size, common name, botanical name, and cultivar.

(g)

Calculations. All landscape plans shall include a table calculating the amount of open space, landscape area, and number of plants required by the zoning ordinance and the amount of open space, landscape area, and number of plants provided. Where fractional requirements result, the vegetation and/or area required shall be construed to be the next highest whole number.

(h)

Review procedures. The zoning administrator shall be responsible for the review of all landscape plans. All landscape plans shall be reviewed using the same procedure as the site development plan or subdivision construction plan that they accompany.

In addition to the landscape requirements of this article, the planning commission and town council may impose further landscaping requirements as a condition of granting any special use permit in order to ensure compatibility of the site with surrounding properties.

Nothing in this article shall prohibit an owner/applicant from providing more than the required minimum landscaping, buffering and open space areas set forth below.

(1)

Required minimum landscaping, buffering and open space areas.

(a)

Parcels of two acres or less: The total of all landscaping, buffering and open space areas shall be a minimum of 15 percent of the subject parcel.

(b)

Parcels greater than two acres and less than six acres: The total of all landscaping, buffering and open space areas shall be a minimum of 20 percent of the subject parcel.

(c)

Parcels of six acres or greater: The total of all landscaping, buffering and open space areas shall be a minimum of 25 percent of the subject parcel.

(2)

Reductions. In any circumstance where the required landscaping, buffering and open space areas would together exceed the required minimums set forth in section 1.9 above, such landscaping, buffering and open space areas may be reduced in the following order:

(a)

Interior parking lot landscape areas.

(b)

Perimeter parking lot landscape areas.

(c)

Buffer yards.

(3)

Parcels of two acres and greater. Notwithstanding the above, the zoning administrator shall have the authority to require that the landscaping area reductions and buffer yard reductions occur in a manner that best meets the purposes and intents of this article and each of its sections.

The preservation of existing vegetation and sensitive resource areas can significantly add to the quality of the physical environment of the community. The purpose of resource management is to:

(1)

Preserve and promote the general health, safety, and welfare of town citizens;

(2)

Further the objectives of the town's comprehensive plan;

(3)

Provide shade and provide for useful and attractive open spaces;

(4)

Conserve natural resources and the benefits they provide, including the protection of ground and surface water quality and air quality; the mitigation of flooding hazards; the stabilization of soil and the control of erosion and storm water runoff; the absorption of carbon dioxide and the supply of oxygen, an essential ecological function; and the provision of a haven for birds, which in turn assists in the control of insects;

(5)

Preserve properties and their values; and

(6)

Encourage appropriate uses of land.

Resource management is required in conjunction with all landscape plans required by Section 1.4 of this article.

(1)

Vegetated areas. Any healthy existing vegetated area proposed to be saved, which complies with the intention of Section 5.9: Buffering requirements, of this article, shall be deemed to meet buffering requirements for the entire length of the existing vegetated area.

(2)

Hedgerows. Healthy hedgerows at least three feet in height preserved at property boundaries may be used to meet or partially meet the requirements of screening as required by Section 5.9: Buffering requirements, of this article.

(3)

Canopy trees. Existing canopy trees preserved on-site may be used to satisfy the requirements for parking lot landscaping, street tree plantings, and screening required by Section 5.12, Subsection 5.8.3 and Section 5.14 of this article. Any existing trees used to meet the requirements of the ordinance must be of a species deemed acceptable by the zoning administrator, in consultation with the tree and beautification commission, or its designee; at least four inches DBH; in healthy condition; and be protected from construction activity. Such protection procedures shall follow the requirements of Subsection 5.7.5: Tree preservation and protection measures, of this article.

(4)

Ornamental trees. Existing ornamental trees preserved on-site may be used to satisfy the requirements for parking lot landscaping, street tree plantings, and screening required by Section 5.12, Subsection 5.8.3, and Section 5.14 of this article. Any existing ornamental trees used to meet the requirements of the ordinance must be of a species on the Purcellville Tree and Shrub List ("plant list") prepared by the tree and beautification commission, or as deemed acceptable by the zoning administrator; at least ten feet in height; in healthy condition; and be protected from construction activity. Such protection procedures shall follow the requirements of Subsection 5.7.5: Tree preservation and protection measures, of this article.

(5)

Exceptional trees. Preservation of designated heritage, specimen or memorial trees or trees of exceptional size or age may be credited as four trees for the purposes of this article, as approved by the zoning administrator, if the entire area under the dripline of the exceptional tree(s) is preserved in a manner satisfactory with the tree and beautification commission or its designee, and in conformance to Subsection 5.7.5: Tree preservation and protection measures, of this article. These credits may be used to satisfy the requirements for parking lot landscaping, street tree plantings, and screening contained in Section 5.12, Subsection 5.8.3, and Section 5.14 of this article. Any exceptional trees used to meet the requirements of the ordinance must be in healthy condition, as determined by the zoning administrator, in consultation with the tree and beautification commission or its designee. Trees of exceptional size and canopy are those determined by the zoning administrator to be within 25 percent of the State Champion rating. Exceptional age is defined as 150 years old or greater.

Existing tree cover, particularly mature trees, or trees on the plant list, shall be preserved to the fullest extent possible and considered in the design of grading and improvements on a property. However, it is acceptable to remove existing trees that are invasive, in poor health and jeopardize the health and viability of surrounding healthy trees, or interfere with public utilities provided that justification is given on the landscape plan. The following criteria shall be used in determining whether to approve or disapprove tree removal:

(1)

The intended use of the property and feasible alternatives which would preserve existing trees;

(2)

The consistency of the proposed action, including changes in the topography and proposed landscaping, with the purposes of this article;

(3)

Status as a designated heritage, specimen or memorial tree;

(4)

Good horticultural and forestry practices, including a consideration of the health of each individual tree;

(5)

The hardship imposed or the reasonable use denied to the applicant as a result of disapproval;

(6)

The impact of such action on surrounding property or persons; and

(7)

Environmental objectives such as protection of sensitive areas, stream bank stabilization, flood control, erosion and sedimentation control, and the deadening and absorption of sound.

(1)

Purpose. Trees establish their roots in areas which supply them with sufficient nutrients, water, and oxygen. These root masses maintain the balance between intake of water from the soil and the loss of water through transpiration. Disturbing this relationship between the soil and the roots can damage or kill a tree. Refer to Virginia Erosion & Sediment Control Handbook, Chapter 3, Tree Preservation & Protection Standards and Specifications, for additional information and guidelines.

(2)

Disturbance within the dripline. No excavation, embankment, or other subsurface disturbance shall be taken within a distance equal to a vertical (drip) line extending from the outermost edge of the tree's canopy to the ground. No impervious surface may be located within 12.5 feet of any tree to be retained, unless specific techniques are used to ensure survivability of the tree. When retaining existing trees near a parking lot or accessway, sufficient ground 1.5 times the diameter of the dripline shall be left ungraded around each tree. No specimen or heritage tree that is to be saved shall have more than 25 percent of the area enclosed by a circle two times the diameter of the dripline disturbed by trenching, excavating, or foundations. Finished grade within an area 1.5 times the diameter of the dripline of trees to be saved shall not be six inches higher or lower than the existing ground elevation unless specific alternatives for tree preservation are approved by the zoning administrator.

(3)

Physical measures. During development or razing activity, the contractor shall install effective dripline protection around all trees to be preserved, and shall further install tree wells, retaining walls or other structures necessary to protect individual trees designated to be preserved. Such protective measures shall be specified on the landscape plan and shall be designed and installed in a manner consistent with good arboricultural practices. These protective measures shall not be removed without the consent of the zoning administrator. If the zoning administrator finds that these protective measures are insufficient to protect the vegetation being preserved on the site, additional protective devices, as specified by the zoning administrator, shall be installed to ensure adequate protection. To further ensure the survival of trees designated to be preserved, the property owner or his agent shall provide such surety as required in Subsection 5.10.7: Monitoring and enforcement, of this article.

(4)

Damage or destruction of trees to be preserved. In the event one or more trees of six inches DBH or greater which are designated to be preserved under Section 5.7, Resource management, of this article are destroyed or, in the opinion of the zoning administrator, are significantly damaged during clearing or construction activities, or are willfully destroyed, injured, or removed, or if the tree dies within five years, the property owner shall replace such trees with one large tree four inches in caliper and one small tree six to eight feet in height for every 300 square feet of canopy area destroyed.

(5)

Reduction of parking. If the preservation of trees involves an area that would otherwise be devoted to required parking and as a result the provisions of required parking cannot be followed, the number of parking spaces required may be reduced by up to 15 percent.

The planting of new trees in public spaces can significantly add to the quality of the physical environment of the community. The purpose of streetscaping is to:

(1)

Preserve and promote the general health, safety, and welfare of town citizens;

(2)

Respect and preserve the natural environment and protect Purcellville's historical, cultural and natural resources as outlined in the town's comprehensive plan;

(3)

Separate vehicular and pedestrian areas while providing opportunities for visual surveillance between these areas;

(4)

Provide shade and facilitate the creation of an attractive environment;

(5)

Preserve properties and their values;

(6)

Conserve natural resources and the benefits they provide, including the protection of ground and surface water quality and air quality; the stabilization of soil and the control of erosion and storm water runoff; the absorption of carbon dioxide and the supply of oxygen, an essential ecological function; and the provision of a haven for birds, which in turn assists in the control of insects.

Streetscaping is required along all public and private street frontages. In general, along public streets, street trees shall be planted in the public right-of-way and maintenance of these trees after the warranty period of 18 months from the time of planting or after release of any applicable maintenance bond, whichever is later, shall be the responsibility of the Town of Purcellville.

(1)

Species. Tree species shall conform to those identified as street trees in the plant list maintained by the tree and beautification commission. Substitutions may be approved by the zoning administrator, in consultation with the tree and beautification commission, or its designee. All street tree plantings must be approved by the zoning administrator. In reviewing plans for street tree plantings, the zoning administrator shall consider:

(a)

The size, type and condition of existing street trees;

(b)

The adopted design study, landscape plan or design theme for the street;

(c)

Street trees should be located to provide shade and visual relief; and

(d)

Flowering ornamental trees should be planted in groups.

(2)

Number. One medium or large canopy tree for every 40 feet of street frontage. For the purposes of this subsection, "medium canopy tree" refers to a deciduous tree that reaches a maximum height of 35 to 45 feet at full maturity and "large canopy tree" refers to a deciduous tree that exceeds 45 feet at maturity.

(3)

Location. In commercial zoning districts all street trees shall be located in the required landscape area adjacent to the street; provided, however, if trees are planted in paved pedestrian areas, they shall be planted in tree wells that include a planting grate, with approved structural soil, and the minimum width of the adjacent pedestrian area shall be three feet. In residential zoning districts street trees shall be located generally within 15 feet of the right-of-way. Nothing in this section shall be construed to require tree plantings at even intervals.

(4)

Overlapping requirements. Where the requirements of the various sections of this article overlap, vegetation planted to meet the requirements of this section shall also count towards the requirements of Section 5.9 and Subsection 5.12.4 of this article.

The purpose of buffering is to provide a screen or barrier between dissimilar zoning districts which will minimize harmful impacts of noise, dust and other debris, glare from motor vehicle lights and other artificial sources of light, and other objectionable activities or impacts conducted on or caused by an adjoining or nearby dissimilar zoning districts.

(1)

The requirements of this section shall apply to all new construction and all reconstruction or enlargement of existing structures constituting more than 50 percent of the floor area of the existing structure(s). Buffering requirements shall only apply to that portion of the site directly affected by the proposed improvements, or changes. When a conflict exists between this paragraph and Paragraphs (2) and/or (3) below, the limitations of this paragraph shall apply.

(2)

Buffering shall be required along those portions of the perimeter of any lot in any zoning district abutting a zoning district of dissimilar intensity, pursuant to Subsection 5.9.4: Buffering matrix, of this article. This may be accomplished through land, architectural means, and/or vegetative materials.

(3)

When a public right-of-way separates dissimilar zoning districts, buffering shall be required pursuant to Subsection 5.9.4: Buffering matrix, of this article, but credit shall be given for the width of the public right-of-way, pursuant to Subsection 5.9.8(4): Buffering adjoining streets, of this article.

(4)

Buffering shall be required in specific instances, as set forth in Subsection 5.9.5 through Subsection 5.9.7 of this article.

The buffering matrix below describes the requirements for screening and buffer yards between adjoining dissimilar zoning districts. The buffering required of each property is identified in the buffering matrix below. This matrix references Subsection 5.9.3.: Screening requirement, of this article. County zoning districts adjoining the town are included in the matrix.

(1)

Buffer yard. A 20-foot-wide buffer yard shall be located where necessary to accommodate the screening required in Subsection (2) below. Where buffer yard requirements overlap, the buffer yard required by this section shall count towards the buffer yard requirement of Section 5.9.4: Buffering matrix, of this article.

(2)

Screening. All outdoor storage, loading areas, contractor yards, areas for refuse and recycling, and the like, created after the adoption of this ordinance shall be screened from all public streets and adjacent residential properties. An opaque screen at least six feet in height comprised of plants, trees, walls or other opaque materials must be provided.

(1)

Buffer yard. For residential sites developed adjacent to the W&OD Trail, a 30-foot buffer yard shall be required along that portion of the site which abuts the trail. Where buffer yard requirements overlap, the buffer yard required by this section shall count towards the buffer yard requirement of section Subsection 5.9.4: Buffering matrix, of this article.

(2)

Screening. Screens provided within the required 30-foot buffer yard adjacent to the trail shall meet the Screen 2 requirements as defined in Section 5.9.3 of this article.

When the subject property adjoins a property in the county, the zoning administrator shall determine the specific buffer yard and screening requirements along that property line, if any, after consideration of the zoning designation of the adjoining property.

The requirements of Section 5.9: Buffering requirements, of this article shall be applied equally to all similarly situated properties. Modifications to these standards may be granted in writing by the zoning administrator in any of the following circumstances:

(1)

Varied topography. The zoning administrator may waive or modify the requirements of Section 5.9: Buffering requirements, of this article, if the required buffering would be ineffective at maturity due to the proposed topography of the site, the existing topography of adjacent sites, and/or the location of the improvements on the site.

(2)

Proposed buffering on adjoining property. Buffering may be placed on adjoining property within a buffer yard easement of the width required in the buffering matrix, Section 5.9.4 of this article. This buffering shall be in addition to the buffering required of the adjoining property owner.

(3)

Alternative screens. Alternative planting programs achieving the objectives of the required buffering are permitted to allow creativity and flexibility in landscape design. Alternative planting programs are permitted with the approval of the zoning administrator if the applicant can demonstrate that screening objectives have been met through the use of hedges, shrubs, walls, fences, berms, and/or topography.

(4)

Buffering adjoining streets. The buffer yard and screening requirements of Section 5.9.4: Buffering matrix, of this article, can be reduced when a public right-of-way separates dissimilar zoning districts. Modifications shall be given only on the side adjacent to the public right-of-way, as follows:

(5)

Development in planned development districts. The planning commission may modify or reduce the requirements for buffering for planned developments.

(6)

Properties with nonconforming buffering and/or structures built prior to adoption of this article. The buffering requirements of this article may be waived or reduced when the zoning administrator finds that the required screening would serve no useful purpose or that a suitable screening alternative has been provided in the opinion of the zoning administrator.

The following is the procedure for coordinating landscaping, buffering, utility easements, and underground pipelines:

(1)

General.

(a)

Private and public easements are allowed within ordinance-required buffer yards.

(b)

Ordinance-required landscaping materials are allowed in private easements, unless specifically prohibited by the easement. If, in the opinion of the town attorney, the easement deed is unclear as to whether or not the deed grants permission to place screening in the easement, screening will be permitted in the easement only by written permission of the easement holder which irrevocably grants permission to the owner and its successors and assigns to place screening in the easement area and which specifically addresses who shall be responsible for replacement of the screening should it be damaged by the easement holder through the exercise of its easement rights.

(c)

Ordinance-required landscaping materials, excluding trees, are permitted in public easements to be owned by the Town of Purcellville. Trees may be permitted in town easements by special approval as provided in Paragraphs (2) and (3) below.

(2)

Alternatives. Prior to requesting special approval to locate ordinance-required trees in a town utility easement, the following must be considered in the order shown below:

(a)

Relocate proposed town utility lines outside of the landscape area, if possible.

(b)

Move trees outside of easements if objectives of ordinance-required buffering are met.

(c)

Design required landscaping for screening using shrubbery only (no trees) within public easements.

(d)

If, in the opinion of the zoning administrator, any of the three alternatives considered in the order listed above can resolve to conflict between tree locations and utility easements, then no special approval is necessary.

(3)

Special approval. Special approval from the director of public works to locate ordinance-required trees in a town easement may be authorized if the following are met:

(a)

All options in Paragraph (2): Alternatives, of this subsection, have been fully investigated and do not resolve the location of proposed trees.

(b)

Tree species selected for placement within a public easement must be a type which obviates the effect of the root system upon the pipeline.

(c)

Trees shall not be placed directly over top of an underground pipeline. Trees must be placed as far as possible from the underground pipeline.

Where street trees, canopy trees or evergreen trees are required near or under existing overhead utility lines, both the guidelines and plant list contained in Virginia Cooperative Extension Service Publication 430-029 shall be used to guide plant location and species selection. Where necessary, ornamental trees can be substituted for canopy trees and smaller evergreen tree species can be selected. With the exception of any species prohibited by the plant list and the exception of species unsuitable for the Purcellville area, species to be planted near or under overhead utility lines shall be selected from Publication 430-029.

(1)

Condition. All plants required by this article shall be well branched and well formed, sound, vigorous, healthy, and free from disease, sunscald, windburn, abrasion and harmful insects or insect eggs and shall have healthy, normal and unbroken root systems. All plants shall comply with the American Association of Nurserymen's Standards and/or American Standard for Nursery Stock, American Nursery & Landscape Association, ANSI Z60.1-2004 and shall conform to the representative species.

(2)

Size. All plant material installed to meet the requirements of this ordinance shall comply with the minimum size requirements below at the time of planting:

(a)

Street and canopy trees. Caliper: two inches.

(b)

Evergreen trees. Height: eight feet if for buffering, six feet otherwise; full branching.

(c)

Ornamental trees. Height: six feet.

(d)

Shrubs. Height: two feet.

(e)

Hedges. Planted and maintained to form a continuous, solid visual screen at least two feet in height within one year after planting.

(3)

A warranty period of 18 months is required for all plants required by this article.

All trees and shrubs shall be installed in a sound manner following accepted professional planting procedures as contained in "Standardized Landscape Specifications for the Commonwealth of Virginia," prepared and approved by the Virginia Nursery and Landscape Association and the Virginia Society of Landscape Designers and referenced in State Code Section 15.2-961. At a minimum, all trees planted shall have root balls adequate to enclose the entire root system, all trees shall be mulched and staked, and all plants shall be watered and fertilized at time of installation.

The plant list is maintained by the Purcellville Tree and Beautification Commission, pursuant to Chapter 86, Vegetation, of the Purcellville Town Code, Section 86-24, separately from this ordinance. Plant selections must conform with the species, varieties and functions identified in the latest version of the plant list unless alternatives are approved by the zoning administrator, in consultation with the tree and beautification commission, or its designee.

(1)

Required minimum spacing. In order to ensure the health and survivability of landscaping, plants shall be spaced no closer together than half of the sum of the mature spread of the two plants, as stated in the plant list. To achieve this requirement, plants shall be illustrated at half of their mature spread.

(a)

Mature spread as a range. Where the mature spread is shown as a range in the plant list, the applicant shall use the upper distance in the range to space plants, unless it is necessary to plant closer together to achieve the purposes and intents of this article or to plant the number of plants required. In these cases, the applicant may use the lower distance in the range to space plants.

(b)

Spacing of shrubs from canopy trees. Shrubs may be planted under canopy trees and are required to be spaced no closer than three feet on center.

(c)

Spacing of evergreens. Evergreen trees shall not be planted closer together than 12 feet on center, shall be placed 12 feet on center from canopy trees, and shall be spaced ten feet on center from ornamental trees, and shall be placed six feet on center from shrubs.

(2)

Planting near curbs and sidewalks. In accordance with the tree ordinance in Chapter 86 of this Code, trees may be planted no closer than four feet to any curb or sidewalk. An exception may be made for special plantings if authorized by the town arborist, tree and beautification commission, or another town designee.

(3)

Plantings near street corners and fire hydrants. In accordance with the tree ordinance in Chapter 86 of this Code, no plant shall be planted near street corners or curbs in such a way as to obstruct visual clearance in conformance with VDOT sight clearance standards. No plant shall be planted within ten feet of any fire hydrant.

(1)

Responsibility. The enforcement of the provisions of this article shall be the responsibility of the zoning administrator or designee. Any violation of this article is a criminal misdemeanor as described in Article 10 of this ordinance.

(2)

Occupancy permits. No occupancy permit shall be signed until the plants and other screening materials required by this article have been installed and damaged or dead plants pruned, removed, or replaced in compliance with this ordinance. In the event that one of the following circumstances exists, a temporary certificate of occupancy of an appropriate duration, with bonding according to the provisions of Section 4.2 of the land development and subdivision control ordinance, may be issued:

(3)

Planting season or weather conditions do not permit immediate installation; or

(4)

Site conditions beyond the control of the owner, builder, and developer do not permit immediate installation.

(5)

Bonds. The installation and preservation of plant materials required by this article shall be bonded according to the provisions of Section 4.2 of the land development and subdivision control ordinance.

(6)

Damage or destruction of vegetation. In the event one or more plants planted under this article is destroyed or, in the opinion of the zoning administrator, is significantly damaged during clearing or construction activities, or is willfully destroyed, injured, or removed, the person responsible for such destruction shall replace such plants.

(1)

Responsibility. The owner or his agent shall be responsible for the maintenance, repair and replacement of all landscape materials, berms, walls, and fences required by this article.

(2)

Condition. All landscape materials shall be kept in healthy condition free of all disease and infestation. All terms, walls, and fences shall be maintained in a safe and attractive condition.

(3)

Repair and replacement. The owner or agent, upon written notice of the zoning administrator, shall repair or replace any landscape materials, berms, walls, or fencing not meeting the requirements of Subsection (2) above within 30 days.

(4)

Vegetation planted in town easements. In the event that the town must perform maintenance on utilities in town-owned easements, any vegetation planted in town easements that becomes damaged or destroyed during maintenance shall be replaced by the owner.

No landscape materials, berms, walls, or fences, whether or not required by this article, shall be planted or maintained in any way that interferes with the sight distance of any pedestrian or person operating any moving vehicle.

These regulations require the establishment and maintenance of improved open space to provide adequate light, air and space to residents or occupants of all developments. These regulations require the establishment of a nonprofit organization to be responsible for the maintenance of common improvements in all developments and subdivisions, and shall apply to all development plans and subdivision applications submitted after adoption of this ordinance. The regulations below separately address open space in residential and nonresidential developments.

Open space shall be provided in an amount required by the subdivision ordinance and the district regulations of this ordinance. Subdivides shall not be required to dedicate land for parks or playgrounds exceeding ten percent of the area of the subdivision, exclusive of street and drainage reservations, without reimbursement.

Open space area in nonresidential zoning districts shall be appropriately landscaped and shall not include streets, drives, off-street parking and loading areas, and areas so located or of such size or shape to have no substantial aesthetic or recreational value. Buffer yards, areas of parking lot landscaping and yard setbacks may be applied toward the requirements of this section.

(1)

Maintenance requirements.

(a)

Responsibility. The owner or his agent shall be responsible for the maintenance of all open space areas in a reasonable condition.

(b)

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.

(c)

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 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.

(1)

Applicability. These regulations shall apply to all land in common open space, not in lots, in residential developments whether these lands are proposed to be dedicated for public use or not; all improvements provided for common use and benefit whether or not required by this ordinance; and all lands to be dedicated or conveyed for public use.

(2)

General requirements.

(a)

Organization. A nonprofit organization or other legal entity under the laws of Virginia must be established to provide for the ownership, care and maintenance of all open space areas and improvements.

(b)

Covenants. All such organizations described in Subsection (a) above shall be created by covenants and restrictions recorded among the land records of Loudoun County. All such covenants shall include provisions for the maintenance of common open space.

(3)

Maintenance requirements.

(a)

Responsibility. The organization described in the above paragraph shall be responsible for the maintenance of all open space areas and improvements in a reasonable condition.

(b)

Condition. All open space areas shall be appropriately landscaped and shall be kept in a clean, attractive and safe condition. All open space areas shall be kept open to the residents this open space is intended to serve.

(c)

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 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.

Prior to the dedication or conveyance of those lands described in Subsection 5.11.4, the following documents shall be submitted to and approved by the town.

(1)

Articles of incorporation. The articles of incorporation, by-laws or other organizational documentation for the nonprofit organization.

(2)

Covenants. The covenants or restrictions related to the use of common property including the system and amounts of assessments.

(3)

Fiscal program. A fiscal program for a ten-year period to provide for the maintenance and care of all lands, streets, facilities and uses under the purview of the nonprofit organization.

(4)

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 streets and common driveways, permitting the enforcement of cleared emergency vehicle access.

(5)

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 nonprofit organization.

Appropriate landscaping in semi-public spaces can significantly add to the quality of the physical environment of the community. The purpose of parking lot landscaping is to:

(1)

Preserve and promote the general health, safety, and welfare of town citizens;

(2)

Further the objectives of the town's comprehensive plan;

(3)

Separate vehicular and pedestrian areas while providing opportunities for visual surveillance between these areas;

(4)

Provide shade and provide a buffer against noise and glare;

(5)

Preserve property values; and

(6)

Conserve natural resources and the benefits they provide, including the protection of ground and surface water quality and air quality; the stabilization of soil and the control of erosion and storm water runoff; the absorption of carbon dioxide and the supply of oxygen, an essential ecological function. The provision of a haven for birds, which in turn assists in the control of insects.

All parking areas described below must be landscaped as described in this section. Unless explicitly exempted, the requirements of this section shall apply to any area used for the display or parking of any and all types of vehicles, boats, farm implements or heavy construction equipment, whether these vehicles are or are not for sale or lease and whether or not these vehicles are not self-propelled. Storage yards are not considered parking lots and are exempt from parking lot regulations.

Driveway, entrances, and interparcel connectors may encroach into the required perimeter parking lot landscaping. Landscaping displaced by driveways, entrances, and interparcel connectors of a width of 24 feet or less does not have to be relocated, but can be removed from the landscape plan.

(1)

Minimum number of trees. One canopy tree for every ten parking spaces and one ornamental tree for every ten parking spaces.

(2)

Internal planting islands. A planting island shall be planted with a tree and have a minimum area of 180 square feet. No more than 18 parking spaces shall be permitted between planting islands.

(3)

Location. Trees shall be located in internal planting islands, linear strips and along the perimeter of the parking lot.

(4)

Species. All trees planted to meet the requirements of this section must be parking lot canopy trees as identified in the Town of Purcellville approved plant list. Substitutions may be approved by the zoning administrator.

(5)

Tree condition. All plants required by this section shall be well branched and well formed, sound, vigorous, healthy, and free from disease, sunscald, windburn, abrasion and harmful insects or insect eggs and shall have healthy, normal and unbroken root systems. All plants shall comply with the American Association of Nurserymen's Standards and/or American Standard for Nursery Stock, American Nursery & Landscape Association, ANSI Z60.1-2004 and shall conform to the representative species.

(6)

Tree and shrub sizes. All plant material installed to meet the requirements of this ordinance shall comply with the minimum size requirements below at the time of planting:

(a)

Street and canopy trees. Caliper: Two inches.

(b)

Evergreen trees. Height: Eight feet if for buffering, six feet otherwise; full branching.

(c)

Ornamental trees. Height: Six feet.

(d)

Shrubs. Height: Two feet.

(e)

Hedges. Planted and maintained to form a continuous, solid visual screen at least two feet in height within one year after planting.

(f)

A warranty period of 18 months is required for all plants required by this section.

(7)

Shrubs. All shrubs along the perimeter and in the interior shall attain a height of 30 inches within three years of installation and shall be maintained at a minimum of 30 inches in height.

(8)

Substitutions. Ornamental trees or shrubs may be substituted for shade/street trees in those instances where the planting of shade/street trees will conflict with overhead power lines or underground sewer/water lines.

(1)

Definition. Perimeter parking lot landscaping shall include landscape areas immediately outside the perimeter of the paved area of the lot including any landscape area required adjacent to a public street.

(2)

Applicability. The requirements of this section shall apply to the construction or enlargement of any commercial parking lot or any residential parking lot with eight or more parking spaces.

(3)

All commercial/industrial zoning districts. A continuous landscape area at least five feet in width, not including the sidewalk, shall be located between the parking lot and all public streets provided, however, where a tree is planted such width shall be increased to a minimum of nine feet with sufficient planting area to equal no less than 145 square feet. In the C-4 district the applicant may install a wall separating the parking lot from the public street in lieu of the planted area. A continuous landscape area at least three feet in width shall be located between the parking lot and all other property lines. When the subject property and any adjoining property have adjoining and connecting parking lots no continuous landscape area is required between the two properties.

(4)

Number of plants. Two ornamental trees and seven shrubs for each 40 feet of parking lot perimeter shall be planted in the landscape area.

(5)

Screening adjacent to public street. All parking lots adjacent to the public street shall be partially screened along the street frontage. Screening shall be accomplished through the planting of shrubs, hedges, and the construction of berms, fences, walls or buildings. No plant material, wall or berm shall obstruct the sight distance of motorists entering or leaving the site.

(6)

Species. All trees planted to meet the requirements of this section shall be street trees as identified in the plant list. Substitutions may be approved by the zoning administrator.

(7)

Street trees. The maximum spacing of planted trees along any perimeter buffer along a public street shall be 40 linear feet or fraction thereof, on center, with a minimum of two trees on any one street frontage. Buffers not adjacent to public streets shall contain one tree for each 30 linear feet or fraction thereof.

(1)

Definition. Interior parking lot landscaping is any landscape area over 50 square feet in area within the perimeter of the paved parking area and greater than five feet from any principal structure.

(2)

Applicability. These requirements shall apply to the construction or enlargement of any parking lot. Such landscaping shall be in addition to perimeter parking lot landscaping, street tree planting and screening. The requirements for interior parking lot landscaping shall specifically not apply to the vehicular display portion of automobile storage lots or automobile used car lots or similar uses.

(3)

C-4 district. Due to the denser nature of the C-4 central commercial zoning district, parking lots with ten spaces or less in the C-4 central district south of the W&OD Trail are exempt from interior parking lot landscaping requirements.

(4)

Interior parking lot landscaping standards.

(a)

Minimum landscape area. Interior parking lot landscaping areas shall be provided at a ratio of 20 square feet per each required parking space.

(b)

Minimum individual landscape area. No individual landscape area shall be less than 50 square feet. All landscape areas containing canopy trees shall be a minimum of 145 square feet with a minimum width of nine feet, unless an alternative planting plan is approved by the zoning administrator that achieves similar objectives of these standards.

(c)

All commercial/multi-family/industrial parking lots. Landscaped islands with a minimum width of nine feet shall be provided at both ends of all interior parking aisles. A minimum landscaped aisle island that equals the length of the parking space shall be provided along the aisle for every ten parking spaces. For double rows of parking, the required landscaped islands shall be aligned. There shall be a minimum of one canopy tree planted in each interior end island and one canopy tree per aisle island and two canopy trees per double aisle island.

(d)

Landscape islands, divider medians and strips should be designed and built as rain gardens where possible.

(e)

Minimum tree spacing. The minimum shade tree spacing for interior parking areas shall be such that the center of any parking space is not more than 50 feet from the center of any shade tree.

(f)

Planted divider medians. For every two double parking rows without a planted divider median, one planted divider median shall be required.

i.

Planted divider medians shall have a minimum width of five feet.

ii.

One tree and five shrubs shall be planted for each 30 linear feet of planted divider median or fraction thereof.

iii.

Three shrubs for every five parking spaces.

(1)

Historic properties. Properties with existing structures built prior to adoption of this section and listed in the town's historic structures inventory. The zoning administrator may waive or reduce the requirements for perimeter parking lot landscape areas adjacent to a public street, parking lot interior areas, and the number of plants, as described in Subsection 5.13.5 of this article for properties with historic structures built prior to adoption of this article, even when additions to these structures are proposed. The zoning administrator may waive the requirements for interior parking lot landscaping when he finds that the requirements would serve no aesthetic or environmental purpose or that a suitable landscaping alternative has been provided. Alternative landscaping such as architectural walls may be provided that meet the standards as set forth in Section 5.12.

(2)

Alternative parking lot landscaping. Alternative planting programs achieving the purpose and intent of the required parking lot landscaping are permitted to allow creativity and flexibility in landscape design. Alternative planting programs are permitted with the approval of the zoning administrator if the applicant can demonstrate that parking lot landscaping standards set forth in Section 5.12 have been met through the use of trees, hedges, shrubs, architectural walls, fences, berms, and/or topography. The burden is on the applicant to show that an alternative planting program meets or exceeds the intent and standards of these regulations.

(3)

CPTED—Crime prevention through environmental design. The requirements of this section may be modified if the zoning administrator finds that such modification is required to meet one or more CPTED principles as suggested by the Purcellville Police Department.

The stream and creek buffer is established to govern the construction of buildings, structures, parking, and other impervious surfaces in areas adjacent to major stream areas draining greater than 640 acres and minor stream areas draining less than 640 acres, but more than 100 acres by providing for a setback area from the channel scar line in which construction of improvements would not occur except as set forth below. These streams and creeks within the Town of Purcellville corporate limits include, but are not limited to, the South Fork of Catoctin Creek, North Fork of Goose Creek and Crooked Run, as shown on the Town of Purcellville "Major & Minor Floodplains - Purcellville and JLMA" map.

The intent is to:

(1)

Promote water quality and the preservation of significant environmental resource areas, wildlife habitat and corridors, and native vegetation areas;

(2)

Protect and enhance water and groundwater recharge processes by protection of the natural capacity of vegetative areas along rivers and creeks to filter and purify stormwater runoff;

(3)

Protect aquatic environments from the warming effects of solar radiation by preserving riparian tree canopy cover;

(4)

Promote tourism and high quality corporate investment by maintaining to the extent reasonably possible, existing high water quality;

(5)

To maintain the scenic beauty of the streams of Loudoun County; and

(6)

Implement the comprehensive plan.

The following setbacks are established along major and minor streams and creeks in areas where the 100-year floodplain is less than the setbacks provided below:

(1)

Major stream buffer. For streams with major floodplains (streams where the watershed is greater than 640 acres): A minimum of 100 feet on each side of the creek measured from the channel scar line of each creek or stream.

(2)

Within the 100-foot buffer, a streamside forested area of at least 25 feet on each side of the creek or stream shall be provided. The streamside forested area shall consist of mature trees where they exist prior to the development of a property and shall be supplemented with new tree plantings if required by the town. When no mature trees exist, the streamside forested area shall be created with new tree plantings. All new tree plantings shall comply with the minimum size requirements for plantings found in Article 5 of this ordinance. New tree plantings shall be of a species compatible with the stream, creek, and/or wetlands. Unless otherwise exempted by this ordinance, land uses permitted within the streamside forested area shall be limited to pedestrian footpaths (preferably constructed of a porous material); well-designed watercourse crossings, designed in accordance with accepted best management practices; passive recreation areas such as gazebos or benches; and other such uses, as determined by the zoning administrator, which do not negatively impact the adjoining stream, creek, or wetlands.

(3)

Minor stream buffer. For streams with minor floodplains (streams with a watershed of less than 640 acres, but greater than 100 acres): A minimum of 35 feet on each side of the stream or creek measured from the channel scar line of the stream or creek.

(4)

Where wetlands exist adjacent to a major or minor stream buffer, a setback of at least 35 feet shall be maintained from all wetlands for all structures and impervious surfaces. When any part of this ordinance requires a setback of more than 35 feet, the larger setbacks shall be provided.

The construction of buildings, structures, impervious parking lots, or other impermeable surfaces within the stream and creek buffer is prohibited, except as stated herein. Existing buildings and structures within the stream and creek buffer are not considered nonconforming, i.e., they can be added to and, if destroyed by fire or casualty, they can be rebuilt to the same or an equivalent footprint. The town encourages the growth, through plantings or natural succession, of vegetative and forestall cover within the Scenic Creek Buffer area.

The stream and creek buffer are not intended to, and shall not, limit development density (gross floor area or units per acre) otherwise allowed on land within the stream and creek buffer area, and off-street parking requirements shall be reduced as necessary to accommodate the buffer without limiting such otherwise permitted development. The stream and creek buffer shall be administered like any other setback provided for in this ordinance in allowing otherwise developable land within the setback area to be counted for density computation purposes and applied toward the construction of improvements outside the setback area.

Public utility installations, road crossings and driveways shall be permitted subject to applicable federal and state regulations, to this ordinance, and to such performance standards as may be contained in the facilities standards manual.

The following are applicable to all fences erected on all property, except as otherwise set forth herein:

(1)

Except when fences are required by this zoning ordinance for screening, a fence shall not exceed heights indicated in Table D of this section. When required by other provisions of this zoning ordinance for screening, a fence shall be a minimum of six feet in height.

(2)

Fence height at a given location along a fence line shall be the difference in elevation between the grade at the base of the fence and the top of the fence at that location. The grade at the base of the fence shall be the elevation of the ground surface before mounding or building-up of the ground surface, if any, occurred. If a fence occurs along a terraced portion of earth, such as a retaining wall, its height is measured from the higher ground elevation.

(3)

No fences greater than three feet in height shall be installed in the clear visibility triangle.

(4)

Fence maintenance. All fences shall be maintained and in a safe and upright condition.

(5)

All fences shall be installed so that, when a fence has a "finished" or "clean" side, that side faces outward, toward adjacent lots; and the "unfinished" or "bad" side faces the interior of the lot. When a fence is installed on the property boundary between two lots, the "unfinished" or "bad" side shall face the lot of the landowner who is installing the fence.

(6)

All swimming pools, hot tubs, and retention ponds shall be located on portions of a lot that is completely enclosed by a fence of at least four feet in height.

Refuse storage for any commercial, industrial of multi-family residential use shall be screened by an enclosure at least six feet in height. The enclosure shall consist of masonry block or concrete, and a metal or wood gate.

Refuse storage shall not be located closer than 25 feet from any street line, or 50 feet from any residential district boundary.