Minutes 09/26/2006 - Laserfiche WebLink

Home Browse Search

September 26, 2006 Next Steps Following Action: . Code changes will be communicated to citizens through brochures, Channel 48 and civic league meetings. Motion by Mr. Moody, and seconded by Mr. R. Smith, to adopt the following ordinance, and was adopted by the following vote: "ORDINANCE TO AMEND CHAPTER 16 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTIONS 16-1, 16-2, 16-5(a), 16- 6, 16-7(a) AND (b)(1), 16-31, 16-32, 16-34 THROUGH 16-37, 16-39, 16-62(c), 16-64, 16-66, 16-69, AND 16-70 THEREOF, BY ADOPTING NEW SECTIONS 16-10 AND 16- 60, AND BY REPEALING SECTIONS 16-63 AND 16-65 PERTAINING TO THE COLLECTION OF GARBAGE AND REFUSE." Ayes: Heretick, Moody, Psi mas, Randall, D. Smith, R. Smith, Holley Nays: None 06 - 439 - Adoption of an ordinance to amend Chapter 9.1 of the Code of the City of Portsmouth, Virginia (1988) by amending Section 9.1-11 (c)(2)c thereof pertaining to tree replacement requirements in the Chesapeake Bay Preservation Area. Vision Principle: Neighborhood and Community Transformation. Background: . City Code Section 9.1-11.c.2.c (Plan of Development Process) requires any development or redevelopment exceeding 2,500 square feet to be accomplished through the Plan of Development Process. . An element of the Plan of Development Process is the submittal of a Landscaping Plan, which includes the planting of trees. . The aforementioned City Code subsection states that "replacement trees shall be a minimum of three and one-half (3 % ) inches DBH (Diameter at Breast Height) at the time of planting." . Staff proposes to change this Code Subsection to state that "replacement trees shall be a minimum of one and one-half (1 % ) inches DBH (Diameter at Breast Height) at the time of planting." Discussion: . Based upon expressed citizen concern of the cost of the required 3 % inch trees, Staff researched the matter with the Chesapeake Bay Local Assistance Division (CBLAD) in Richmond, Virginia and the neighboring Hampton Roads localities. . According to CBLAD, our local Ordinance must comply with the Statewide Chesapeake Bay Regulations. The requirement to plant trees of a certain minimum size is not included in the Statewide Chesapeake Bay Regulations. Required tree sizes may be selected at the discretion of the locality. . Hampton Roads cities enforcing the Chesapeake Bay Ordinance, on average, require the one and one-half (1 %) inch DBH trees. . Trees at the 3 % inch size average $600.00 depending upon the type of tree, as opposed to the 1 % inch tree which averages $250.00 in cost. . In addition to 1 % inch DBH trees being more cost effective for citizens, they are also readily available at most nurseries and home improvement stores and have a greater survival rate as compared to the larger 3 % inch trees. Staff Recommends: Adoption of proposed ordinance. Vision Principle: Neighborhood and Community Transformation. Next Steps Following Council Action: . Drafting of the ordinance language by the City Attorney. Motion by Mr. R. Smith, and seconded by Mr. Heretick, to adopt the following ordinance, and was adopted by the following vote: