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Bill BL2018-1416

An ordinance amending Chapter 17.24 of Title 17 of the Metropolitan Code, Zoning Regulations regarding tree density, removal, and replacement requirements, all of which is more particularly described herein (Proposal No. 2018Z-010TX-001).

NOW, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Chapter 17.24 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, entitled “Landscaping, Buffering and Tree Replacement”, and Section 17.24.010 thereof, be hereby amended by deleting both the title and Section 17.24.010 in their entirety and substituting therefore the following:

Chapter 17.24 - LANDSCAPING, BUFFERING AND TREE REQUIREMENTS

Article I. - General Provisions

17.24.010 - Purpose and intent.

The general purpose of this chapter is to set standards for landscaping buffering, and tree requirements in order to implement the precepts of the general plan and the associated subarea plans, as well as the requirements of the various zone districts set out previously, including properties zoned DTC district as set forth in Chapter 17.37. This chapter further establishes standards for the protection and replacement of trees to ensure their continued presence and associated benefits; establishes standards for screening and landscaping parking areas to reduce their impact on adjacent properties and public thoroughfares, as well as to mitigate the environmental impacts of large areas of unbroken pavement; establishes standards for buffering between different zone districts or selected land uses to mitigate the results of differing activities; and sets standards for plant materials, maintenance of required plants, planting in scenic easements and standards for the screening of unsightly areas.

Section 2. That Section 17.24.020 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by deleting this section in its entirety and substituting therefore the following:

17.24.020 - Landscape plan required.

A landscape plan shall accompany any application for final site plan approval under Section 17.40.170, unless exempted by Section 17.24.050, Exceptions. The plan shall show location, size, spacing, species, form and quality of all existing and proposed materials intended to fulfill the requirements of this chapter. The plan shall also show topography, location of all utilities, and either an under-ground sprinkler system or hose bib attachments. The plans and specifications submitted pursuant to this section shall be prepared by, or under the direction of, and bear the seal of a professional landscape architect registered in Tennessee.

Section 3. That Section 17.24.090 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by deleting this section in its entirety and substituting therefore the following:

17.24.090 - Removal of trees.

  1. It is the intent of this article to minimize the removal of protected trees and to ensure that property owners and developers take reasonable measures to design and locate the proposed improvements so that the number of protected trees to be removed is minimized. In particular, the design shall attempt to preserve specimen and historic trees. For purposes of this chapter, the term 'protected tree' means a tree with at least a six-inch diameter at breast height (DBH) that is selected to be saved or preserved for purposes of being counted toward the required tree density for the property.
  2. Any tree with a diameter at breast height (DBH) of twenty-four inches (24”) or more shall be survey located and depicted on the final site plan.

Section 4. That Sections 17.24.100.A and 17.24.100.B.1 through B.3 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, are hereby amended by deleting these sections in their entirety and substituting therefore the following:

17.24.100 - Replacement of trees.

  1. Trees removed pursuant to Section 17.40.470 -- tree removal permit procedures -- shall be replaced at the expense of the property owner or developer to meet the required tree density standard.
  2. Tree density.
    1. Each property, other than those residential properties provided for in subsection B.2. of this section, shall attain a tree density factor of at least twenty units per acre using protected or replacement trees, or a combination of both.
    2. Residential properties shall attain the following tree density factors:
      1. Property within a single and/or two-family residential subdivision for which the preliminary site plan is filed with the planning commission after the date of enactment of this subsection B.2. shall attain a tree density factor of at least twenty units per acre using protected or replacement trees, or a combination of both, within the common area and excluding the area of the building lots. Proof of compliance with this requirement shall be provided prior to the release of any applicable public infrastructure bonds.
      2. Requirements for individual single and two-family residential lots.
        1. Individual single and two-family lots, other than those lots zoned AG or AR2a, shall include at least one two-inch caliper tree for each thirty feet of lot frontage (or portion thereof), excluding alley frontage, placed within the front setback. Such trees must be chosen from the Forestry Recommended and Prohibited Tree and Shrub List, and shall be of a form and quality set out in the American Standard for Nursery Stock (ANSI Z60.1, latest edition).
        2. Individual single and two-family lots on a cul-de-sac shall attain a tree density factor of at least two two-inch caliper trees for each thirty feet of lot frontage (or portion thereof). Such trees must be chosen from the Forestry Recommended and Prohibited Tree and Shrub List, and shall be of a form and quality set out in the American Standard for Nursery Stock (ANSI Z60.1, latest edition).
        3. (Proof of compliance with this subsection B.2.b. shall be provided prior to the issuance of a certificate of occupancy.
      3. Alternative tree density requirements for single and two-family residential lots. In lieu of the requirements of subsection B.2.b. of this section, a home builder may petition the urban forester for credit for protecting existing trees on the building lot, provided that the overall tree density, including both replacement and protected trees, is not less than seven units per acre. Protected trees used to satisfy this requirement shall be protected according to Section 17.24.110. Proof of compliance with this requirement shall be provided prior to the issuance of a certificate of occupancy.
    3. Compliance with this subsection B. shall be calculated using gross acreage of the property but shall not include the following:
      1. The portion of the land area currently or proposed to be covered by buildings which meet sustainable design protocols established under section 16.36.050 of the Metropolitan Code of Laws;
      2. The fenced area of any athletic field;
      3. The area of a lake or pond which is covered by water year round; and
      4. Open areas of golf facilities.
        Protected and replacement trees shall contribute toward the tree density.

Section 5. Be it further enacted that this ordinance take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsor(s)

Angie Henderson, Anthony Davis, Colby Sledge, Freddie O'Connell, Brett Withers, Burkley Allen, Mary Carolyn Roberts, Mina Johnson, Kathleen Murphy, Jeff Syracuse

Related Documents

Legislative History

IntroducedNovember 20, 2018

Passed First ReadingNovember 20, 2018

Referred toPlanning Commission
Codes, Fair, and Farmers Market Committee
Planning, Zoning, and Historical Committee

Deferred to February 5, 2019January 3, 2019

Deferred to April 2, 2019February 5, 2019

Deferred to May 7, 2019April 2, 2019

Deferred to July 2, 2019May 7, 2019

Public Hearing Scheduled forJuly 2, 2019

Passed Second Reading-

Passed Third Reading-

Approved-

By-

Effective-

Next ConsiderationJuly 2, 2019

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615-862-6770.

Last Modified: 05/13/2019 2:51 PM