title
An ordinance amending Title 2 and Title 17 of the Metropolitan Code of Laws relative to trees (Proposal No. 2022Z-014TX-001).
body
WHEREAS, the Metropolitan Government of Nashville and Davidson County’s urban tree canopy is a utility that improves air quality, manages stormwater, supports public health, provides economic benefits, mitigates the heat island effect, and increases quality of life for Nashville’s residents and visitors; and
WHEREAS, Nashville seeks to keep pace with neighboring and peer cities in protection of the urban canopy and green spaces for both quality of life and economic benefit; and
WHEREAS, Nashville’s forests provide benefits including enhancing air and water quality, reducing storm surges, flood attenuation, moderating temperature, providing wildlife habitat, providing recreational opportunities, offsetting carbon emissions, promoting tourism and economic opportunity, and enhancing the beauty and livability of Nashville; and
WHEREAS, Nashville’s forests are natural ecosystems that take hundreds of years to develop, the value of these forests depends upon the continuity of intact forested areas, and fragmentation of these forests into small isolated remnants undermines the benefits; and
WHEREAS, NashvilleNext, Metro’s General Plan adopted in 2015, identifies protection of forest as a county-wide goal; and
WHEREAS, the NashvilleNext Volume II Natural Resources & Hazard Adaption plan NR Policy 1.4 states “create a street tree policy, residential tree ordinance, maintenance program, and preservation policy”;
WHEREAS, the Metropolitan Nashville Urban Forestry and Landscape Master Plan Goal #1 is to update and implement landscape standards and “develop a landscape ordinance that includes tree protection for healthy mature existing trees”; and
WHEREAS, the Nashville Open Space Plan - Nashville Naturally, sets a goal of acquiring 6,000 acres of new public parks and green spaces, conserving 6,000 acres of privately protected land, and conserving an additional 10,000 acres through planning tools for a total of 22,000 acres of new conserved open space by 2035; and
WHEREAS, the NashvilleNext- Growth Preservation Survey responses show a strong majority of Nashville citizens support preservation of the urban forest; and
WHEREAS, the Metropolitan Planning Commission has the responsibility of guiding development that is consistent with adopted policy documents and established community goals; and
WHEREAS, updates to the zoning code pertaining to forest will help ensure that the benefits provided by forests are experienced by all citizens and visitors of Nashville and Davidson County.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 2.104.070 of the Metropolitan Code of Laws is hereby deleting in its entirety and replaced with the following:
2.104.070 -- Permitting of arborists.
A. All individuals and firms conducting tree care and removal as a business shall be required to obtain a permit to engage in tree care and removal activities. An application for such permit must be submitted to the urban forester by the individual or firm. Such permit shall be issued by the urban forester proof by the applicant that the applicant or an employee of the applicant with supervisory power over other employees has successfully completed a test of tree knowledge given by the International Society of Arboriculture (ISA Certified Arborist or Board-Certified Master Arborist), and proof that the applicant has a minimum of one million dollars of liability insurance.
B.1. A permit issued under this section shall for two years from the date of the permit’s issuance and shall eligible for renewal.
2. The urban forester may suspend, revoke, or refuse to issue or renew any permit under this chapter for any of the following causes:
a. Fraud in procuring a permit,
b. A violation of the ANSI A-300 standards for tree care,
c. A violation of this chapter or Chapter 2.226, and
d. Unprofessional, immoral, or dishonorable conduct.
3. Applicants may appeal a suspension, revocation or, a refusal to issue or to renew a permit by the urban forester in Chancery court in Davidson County, Tennessee.
C. Individuals and firms permitted pursuant to this section shall ensure that trees are maintained in an appropriate and professional manner, according to the most recent industry standards as described in the ANSI A-300 Standards for Tree Care Operations. Trees that have been severely pruned, sheared, topped, or that no longer meet their intended function in the landscape shall require replacement per Section 17.28.065.C. Individuals and firms conducting tree care and removal as a business without first obtaining a permit, or permittees that do not adhere to the outlined professional standards may be subject to a fine.
D. The fee for this permit shall be set by the director of codes.
Section 2. That Section 17.20.120.C.2 of the Metropolitan Code of Laws is hereby deleted in its entirety and replaced with the following:
2. Sidewalk Design Standards.
a. Sidewalk dimensions and required elements shall comply with the major and collector street plan or, for a street not in the major and collector street plan, the adopted standards of the metropolitan government. Design of sidewalks shall comply with approved standards established by the department of public works.
b. Obstructions are prohibited within the required pedestrian travelway but may be located within a grass strip/green zone or frontage zone. Prior to the issuance of use and occupancy permits, existing obstructions shall be relocated outside of the required pedestrian travelway.
c. For development or redevelopment, street trees shall be required within the grass strip/green zone or frontage zone for any sidewalk constructed.
i. Trees shall be installed according to the provisions of the Metro Nashville Street Tree Specifications prepared and maintained by Metro Water Services in conjunction with Metro Public Works, Planning, and Codes.
ii. Street trees shall be chosen from the Urban Forestry Recommended Tree List. Canopy trees shall be installed, except where conflicts with overhead electrical power lines exist. In those instances, understory trees may be substituted.
iii. The owner of the property frontage along which the street trees are installed shall maintain the trees installed per this title according to the provisions of the Metro Nashville Street Tree Specifications. The owner of the property frontage shall execute and record a restrictive covenant agreeing to these maintenance responsibilities.
iv. Required street trees shall be depicted on a landscape plan, which shall be submitted with construction drawings for the sidewalks. The landscape plan and specifications shall be prepared by, or under the direction of, and bear the seal of a professional landscape architect registered in Tennessee. Redevelopment or infill development located on a single and two-family residential lot shall be exempt from the landscape architect seal requirement.
v. Trees installed pursuant to this section shall be eligible for credit toward the tree density required by Chapter 17.28.065.C of this title, except on a single and two-family residential lot and within the DTC.
vi. In cases where the zoning administrator allows the building permit applicant to make the in-lieu contribution for all or a portion of the street frontage as an alternative to sidewalk construction, the street tree requirement still applies; however, such trees may be located either on the parcel or within the public right of way.
vii. Where the existing grass strip/green zone or right-of-way is insufficient, existing physical features on the property such as utilities, a ditch or drainage ditch, historic wall(s) or stone wall(s), tree(s), steep topography, or other hardship exists that makes to compliance with the foregoing requirements of this subsection C.2.c infeasible, the zoning administrator may allow an application for a contribution to the Tree Bank, as provided for in Section 17.40.480 in lieu of compliance with this section.
Section 3. That Section 17.24.020 of the Metropolitan Code of Laws is deleted in its entirety and replaced with 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 and any application for a tree removal permit under Section 17.40.470, unless exempted by Section 17.24.050, Exemptions. The plan shall show location, size, spacing, species, health condition, form and quality of all existing and proposed materials intended to fulfill the requirements of this chapter. The plan shall also show lot lines, development footprint, preserved areas, topography, location of all utilities, proposed tree protection zones, and locations of either an under-ground sprinkler system or hose bib attachments. Proposed removal of trees in accordance with 17.40.470 must be included in the landscape plan. 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 for all developments which include five thousand square feet or more of permanent structures. Plans and specifications submitted pursuant to this section for developments with less than five thousand square feet of permanent structures shall be exempt from the landscape architect seal requirement.
Section 4. That Section 17.24.050 of the Metropolitan Code of Laws is deleted in its entirety and replaced with the following:
17.24.050 Exemptions.
The requirements of this chapter shall not apply to:
A. Improvements or repairs to interior and exterior features of existing structures, including the conversion of a non-residential building to residential use either in whole or in part, as provided by this title.
B. Construction previously authorized by a building permit, a final site plan of a planned unit development approved by the planning commission, or an approved subdivision construction plan, any one of which remains valid on the effective date of the ordinance codified in this title. Any development whose permit or approval expires shall not be exempt.
C. In the event of emergencies, which may include but are not limited to snow, ice and rain storms, tornadoes, floods, and similar natural disasters which cause excessive tree damage throughout the community, the mayor may invoke additional exceptions as necessary to deal with the emergency.
D. The interior planting requirements of Section 17.24.160 shall not apply to service loading areas.
Section 5. That Section 17.24.060, Subsection C, of the Metropolitan Code of Laws is deleted in its entirety and replaced with the following:
C. Landscape Buffer Yard Required for Double Frontage Lot. In cases where residential lots are developed with frontage and access to a street within the subdivision and the rear of the lot is oriented toward a public right-of-way, the rear of such double frontage lots shall be screened from the public right-of-way by a landscape buffer yard according to the following standards:
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Street Type |
Buffer Standard |
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Local street |
B |
|
Collector street |
C |
Section 6. That Section 17.24.070 of the Metropolitan Code of Laws is deleted in its entirety and replaced with the following:
17.24.070 Scenic landscape easements.
New developments on property abutting a street designated as scenic, or any major street located within a T2 Rural Transect area, as designated by the major and collector street plan, shall comply with the following requirements:
A. The area of a lot located within twenty feet of the right-of-way shall be designated as a "scenic landscape easement" and shall be planted with a Standard C landscape buffer yard. Existing vegetation may be used, in part or in whole to meet this requirement.
B. No grading, cutting of trees or shrubs exceeding one inch in diameter, or disturbance of prominent natural features shall be performed within a scenic landscape easement except for: 1) minimal disturbance necessary to permit streets, driveways or utility corridors, 2) removal of species listed on the most recent edition of the Tennessee Invasive Exotic Plant List, 3) removal of specimens that are in less than fair or better condition as determined by a permitted arborist, or 4) removal of specimens with major insect, pathogenic, or structural disorders or deficiencies as determined by a permitted arborist. Only those improvements allowed in a landscape buffer yard shall be permitted within the scenic landscape easement.
C. Within the scenic landscape easement, the property owner shall be responsible for removing all trees, shrubs, and vines listed on the most recent edition of the Tennessee Invasive Exotic Plant List.
Section 7. That Section 17.24.075, Subsections D and E, of the Metropolitan Code of Laws are deleted and replaced with the following:
D. Modifications and amendments. The urban forester shall have the authority to grant minor modifications to the adopted street tree plan including, but not limited to, adjustments in spacing or planting location that do not alter the overall concept of the adopted street tree/streetscape plan, so long as the modifications still comply with this chapter. Minor modifications may be granted based on existing physical site conditions such as utilities, a ditch or drainage ditch, historic wall(s) or stone wall(s), existing trees, or steep topography. Modifications that alter the overall concept of the adopted plan shall be considered major and require amendment of the plan by the metro planning commission.
E. Waivers and compliance. The zoning administrator may waive the requirements of this section upon request by the property owner or its agent due to existing physical features on the property such as utilities, a ditch or drainage ditch, historic wall(s) or stone wall(s), existing trees, steep topography, or other hardship. The zoning administrator shall consult with the executive director of the planning department, or their designee, and the director of water services, or their designees, prior to making any final determination. Such waiver is limited only to the location of such plantings, and shall not result in any waiver of planting responsibility or reduced planting requirement; the waiver may only authorize the planting to occur at alternate locations.
Section 8. That Section 17.24.080 of the Metropolitan Code of Laws is deleted in its entirety and replaced with the following:
17.24.080 Maintenance of required landscape materials.
The property owner shall maintain landscaping required by this chapter or by 17.28.065.C in accordance with the following standards:
A. Use of Required Landscape Area. No required landscape area shall be used for accessory structures, garbage or trash collection, parking, or any other functional use contrary to the intent and purpose of this article.
B. Watering. All required landscaping, planted or preserved in accordance with this chapter or Section 17.28.065.C of this title, shall have watering infrastructure that allows for watering by one of the following methods:
1. An underground sprinkler system, so long as the addition or installation of a sprinkler system does not damage existing trees;
2. An outside hose attachment within one hundred feet of all landscaping,
C. All required landscaping shall be watered to ensure survival of the landscaping. While installation of one of the above watering infrastructure systems is required, the means of watering may be by any practical method.
D. The property owner shall be responsible for the ongoing removal of any trees, shrubs, and vines listed on the most recent edition of the Tennessee Invasive Exotic Plant List.
E. All required landscape materials shall be maintained in an appropriate and professional manner, according to the most recent industry standards as described in the ANSI A-300 Standards for Tree Care Operations. Required trees shall not be shaped as shrubs. Landscape materials required by this section or by 17.28.065.C that have been severely pruned, sheared, topped, shaped as shrubs, or that no longer meet their intended function in the landscape shall be considered damaged vegetation in need of replacement and shall be replaced within one year of the date of notice of noncompliance from the metropolitan government.
F. Replacement of Dead Materials. The property owner shall replace required plants which die. Replacements shall be installed at the earliest possible time within a planting season, and replacements shall be as shown on the approved landscape plan.
Section 9. That Section 17.24.150, Subsection C, of the Metropolitan Code of Laws is deleted and replaced with the following:
C. Landscape Materials. A minimum of one canopy tree shall be preserved or planted for each thirty feet of parking area perimeter, or portion thereof; in cases of utility conflicts, understory trees shall be substituted, and shall be preserved or planted for each twenty feet of parking area perimeter. Trees planted to meet this requirement shall measure a minimum of two inches in caliper, and six feet in height, as applicable for the type of material specified. The remaining area within the perimeter landscape strip which fronts on a street right-of-way shall be planted with one continuous row of evergreen shrubs which shall be expected to mature at a height not greater than two and one-half feet, except as modified for berms or walls. The remainder of the area within all perimeter strips not occupied by trees or shrubs shall be covered by organic or mineral mulches, other shrubs, groundcover plants or grassed lawns. The use of concrete, asphalt or other impervious surfaces shall be prohibited.
Section 10. That Figure 17.24.150-1 and Figure 17.24.150-2 in Section 17.24.150 of the Metropolitan Code is replaced with the following:
Section 11. That Section 17.24.160 of the Metropolitan Code of Laws is deleted and replaced with the following:
17.24.160 Interior planting requirements.
A. General Requirements. At least eight percent of the gross area of the parking area shall be landscaped and interior planting areas are to be located within or adjacent to the parking area as tree islands, at the end of parking bays or inside seven foot wide or greater medians (where the median area is to be included as a part of the calculations for the interior planting area). Parking lots containing fewer than thirty parking spaces within the urban zoning overlay district shall be exempt from the eight percent area requirement and the seven-foot median size requirement, but shall be required to install trees as described in this section.
1. Trees shall be required at the minimum of one canopy tree for every ten parking spaces. All vehicular use areas located within the same block which serve one or more businesses or uses of land or share unified ingress and egress shall be considered as a single vehicular use area for the purpose of computing the required rate of trees, notwithstanding ownership. Required trees shall be at least six feet in height and two inch caliper. (See Figure 17.24.160) For principal use parking areas located in the CF and CF-NS districts not otherwise exempt from the interior planting requirements, street frontage trees planted to satisfy the requirements of Section 17.24.150 shall count towards the interior planting requirements of this section. Interior planting areas shall be located so as not to impede stormwater runoff and provide shade in large expanses of paving and contribute to orderly circulation of vehicular and pedestrian traffic.
B. Minimum Size of Interior Planting Areas.
1. Outside the urban zoning overlay district, and for parking lots containing thirty or more parking spaces within the urban zoning overlay district, a minimum of ninety square feet of planting area shall be required for each new canopy tree (See Figure 17.24.160), and a minimum planting area of one hundred percent of the drip line area of the tree shall be required for all existing trees to remain. If the applicant can demonstrate that conditions allow that the tree will be preserved with an area less than one hundred percent, lesser area may be approved by the urban forester. (See Figure 17.24.160)
2. For parking lots containing fewer than thirty parking spaces within the urban overlay zoning district, a minimum planting or tree grate area of one hundred percent of the drip line area of the tree shall be required for all new and existing trees. If the applicant can demonstrate that the tree can remain healthy with an area less than one hundred percent, lesser area may be approved by the urban forester. (See Figure 17.24.160)
Section 12. That Section 17.24.190 of the Metropolitan Code of Laws is deleted and replaced with the following:
17.24.190 Exemptions.
No landscape buffer yard shall be required in the following situations:
A. When a zoning boundary falls along a public street containing four or more travel lanes, or along an elevated railroad bed, utility line easement of fifty feet wide or greater, navigable river, or controlled access highway.
B. When a zoning boundary falls along a public street within the urban zoning overlay district.
Section 13. That Section 17.24.200 of the Metropolitan Code of Laws is deleted and replaced with the following:
17.24.200 Determination of landscape buffer yard requirements.
Generally, a landscape buffer yard shall be located at the perimeter of the building site along zoning district boundaries, or otherwise coincident with the edge of a specified facility that is to be screened and shall not be located in any portion of a public right-of-way. When a zoning district boundary falls along a public street of less than four travel lanes, a B-2 landscape buffer yard may be substituted in lieu of the standard buffer required by Table 17.24.230. When the gross floor area of a building legally existing on the effective date of the ordinance codified in this section is enlarged by more than twenty-five percent, the property shall be brought into conformance with the landscaping buffer yards standard of this code to the greatest extent considered reasonable by the zoning administrator. When incremental expansions occur over time, the total of all expansions shall be used by the zoning administrator in applying the provisions of this section. The following procedure shall be followed to determine the standard of landscape buffer yard required along a zoning district boundary:
A. Identify the zone district for the proposed site as well as for the abutting site(s);
B. Determine the landscape buffer yard standard required on each building site boundary (or portion thereof) by referring to Table 17.24.230;
C. Select the desired width/screening option from those listed in Section 17.24.240, landscape buffer yard standards. Any of the listed width or screening variations shall satisfy the requirement between abutting zone districts.
Section 14. That Section 17.24.210 of the Metropolitan Code of Laws is amended by adding the following new Subsection B and redesignating the subsequent subsections accordingly:
B. Existing Invasive Plan Material. Existing trees, shrubs, and vines listed on the most recent edition of the Tennessee Invasive Exotic Plant List shall be removed from the buffer.
Section 15. That Table 17.24.230, as referenced in Section 17.24.230 of the Metropolitan Code of Laws, is deleted and replaced with the following:
Table 17.24.230 TABLE OF LANDSCAPE BUFFER YARD REQUIREMENTS
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|
|
ZONING DISTRICT PROVIDING BUFFER YARD |
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|
|
1 AG, AR2a, RS80, R80, RS40, R40, RS30, R30, RS20, R20, RS15, R15, RS10, R10, RM2, RM2-NS, RM4, RM4-NS |
2 R8, R8-A, RS7.5, RS7.5-A, R6, R6-A, RS5, RS5-A, RS3.75, RS3.75-A, RM6, RM6-NS, RM9, RM9-NS, RM9-A, RM9-A-NS |
3 RM15, RM15-NS, RM15-A, RM15-A-NS, RM20, RM20-NS, RM20-A, RM20-A-NS, RM40, RM40-NS, RM40-A, RM40-A-NS, RM60, RM60-NS, RM60-A, RM60-A-NS, RM80-A, RM80-A-NS, RM100-A, RM100-A-NS, MHP |
4 ON, CN, CN-NS, CN-A, CN-A-NS, MUN, MUN-NS, MUN-A, MUN-A-NS, SCN, SCN-NS, OL, OR20, OR20-NS, OR20-A, OR20-A-NS, OR40, OR40-NS, OR40-A, OR40-A-NS |
5 CL, CL-NS, CL-A, CL-A-NS, CS, CS-NS, CS-A, CS-A-NS, MUL, MUL-NS, MUL-A, MUL-A-NS, SCC, SCC-NS |
6 CA, CA-NS, CF, CF-NS, SCR, SCR-NS, MUG, MUG-NS, MUG-A, MUG-A-NS, MUI, MUI-NS, MUI-A, MUI-A-NS, ORI, ORI-NS, ORI-A, ORI-A-NS, OG, OG-NS |
7 IWD, IR, IG |
|
A B U T T I N G Z O N I N G D I S T R I C T |
1 AG, AR2a, RS80, R80, RS40, R40, RS30, R30, RS20, R20, RS15, R15, RS10, R10, RM2, RM2-NS, RM4, RM4-NS |
A |
B |
C |
C |
C |
D |
D |
|
|
2 R8, R8-A, RS7.5, RS7.5-A, R6, R6-A, RS5, RS5-A, RS3.75, RS3.75-A, RM6, RM6-NS, RM9, RM9-NS, RM9-A, RM9-A-NS |
- |
A |
B |
C |
C |
D |
D |
|
|
3 RM15, RM15-NS, RM15-A, RM15-A-NS, RM20, RM20-NS, RM20-A, RM20-A-NS, RM40, RM40-NS, RM40-A, RM40-A-NS, RM60, RM60-NS, RM60-A, RM60-A-NS, RM80-A, RM80-A-NS, RM100-A, RM100-A-NS, MHP |
- |
- |
A |
B |
B |
C |
D |
|
|
4 ON, CN, CN-NS, CN-A, CN-A-NS, MUN, MUN-NS, MUN-A, MUN-A-NS, SCN, SCN-NS, OL, OR20, OR20-NS, OR20-A, OR20-A-NS, OR40, OR40-NS, OR40-A, OR40-A-NS |
- |
- |
- |
- |
A |
B |
C |
|
|
5 CL, CL-NS, CL-A, CL-A-NS, CS, CS-NS, CS-A, CS-A-NS, MUL, MUL-NS, MUL-A, MUL-A-NS, SCC, SCC-NS |
- |
- |
- |
- |
- |
A |
B |
|
|
6 CA, CA-NS, CF, CF-NS, SCR, SCR-NS, MUG, MUG-NS, MUG-A, MUG-A-NS, MUI, MUI-NS, MUI-A, MUI-A-NS, ORI, ORI-NS, ORI-A, ORI-A-NS, OG, OG-NS |
- |
- |
- |
- |
- |
- |
B |
|
|
7 IWD, IR, IG |
- |
- |
- |
- |
- |
- |
- |
Note 1: The zoning administrator may allow a necessary adjustment to the landscape buffer yard located along a rear property line to provide for necessary building area after determining an adjustment to a required build-to zone is necessary as permitted by Table 17.12.020.D. The zoning administrator may allow a necessary adjustment to the landscape buffer yard based on the nature of the existing and future land uses and site conditions in the general vicinity after receiving a written recommendation from the planning department.
Section 16. That Figure 17.24.240.A in Section 17.24.240 of the Metropolitan Code is replaced with the following