Division 3. Tree Canopy Coverage Ordinance

Preserve, maintain, enhance, and restore tree canopy coverage on developed and developing sites for the benefit of County residents and future generations;

Establish procedures, standards, and requirements to minimize loss of tree canopy coverage before, during, and after construction or other land disturbing activities; and

Establish procedures, standards and requirements for the provision of tree canopy coverage.

Definitions in Subtitle 27 of this Code (the Zoning Ordinance) and Division 2 of Subtitle 25 (the Woodland and Wildlife Habitat Conservation Ordinance) shall apply to this Division and shall be supplemented by the definitions in Subsection (b) of this Section unless otherwise noted herein.

The following terms used in this Division are defined as follows:

General

Exemptions

Tree canopy requirements shall be met unless a waiver has been granted pursuant to Section 25-130.

All activities that are subject to this Division shall provide the tree canopy percentages listed in Table 1. Tree canopy coverage requirements are based on the net tract area and must be met within the net tract area.

Permits for redevelopment of a previously developed site, which does not qualify for an exemption under subsection 25-127(b), shall be subject to the tree canopy coverage requirements based on the area within the limit of disturbance as shown on any Site Plan.

The requirements of this Division shall be demonstrated on an appropriate plan prepared in conformance with Part D of the Environmental Technical Manual or prepared in conformance with Section 2, Plan Preparation of the Prince George's County Landscape Manual.

Existing trees to be preserved, proposed on-site woodland conservation, trees planted throughout the site, and street trees located within the right-of-way along the property frontage may be counted toward meeting this requirement. Calculations of tree canopy coverage credits shall be completed using the worksheet provided in the Technical Manual. Credit toward meeting this requirement shall be calculated using the amount of tree canopy coverage a planted tree provides in ten years, and/or by calculating the amount of tree canopy provided by existing trees to be preserved, regardless of whether or not the existing trees are used to meet other requirements of this Subtitle.

Specimen, champion, and historic trees may be credited by counting the square footage of the unimpacted critical root zone area if they are not within a designated woodland conservation area and if the site has been designed to ensure long-term survival. If the specimen, champion or historic trees are within a woodland conservation area, additional credit shall not be calculated. A tree management plan in accordance with the Technical Manual may be required for each specimen, champion, or historic tree preserved for credit under this paragraph.

Existing trees that are not bonded through other requirements of the County Code may be required to be bonded by the approving authority of the DRD application, permit application and any other associated plan or application prior to permit issuance. If a bond is required, the bond amount shall be equal to the replacement cost of the trees used to meet the tree canopy requirement and shall be provided prior to permit issuance. The replacement cost for landscaping trees shall be based on the average cost of the plant material as provided by the applicant, with a 2.5 multiplier to cover installation costs. The replacement cost for trees used to meet this requirement that are above landscape sizes shall be calculated by the applicant using the removal cost plus the replacement value. The replacement value shall be calculated using the latest edition of the "Guide for Plant Appraisal" prepared by the Council of Tree and Landscape Appraisers.

If an existing tree proposed to be preserved does not survive construction, mitigation shall be provided as stated in Section 25-120(c)(6)(D).

An applicant may request a full or partial waiver from the requirements of this Division. To approve a full or partial waiver, the approving authority shall find that the application meets the following standards:

A waiver request shall be accompanied by sufficient written, graphic, and/or photographic explanation and a statement of justification to enable an appropriate evaluation and decision regarding the request.

A waiver request shall be approved by the Planning Director, Planning Board, Zoning Hearing Examiner, and/or the District Council for applications heard by them. The appeal process for waiver requests is the same as the appeal process as articulated in the Prince George's County Code for the associated application types.