(A) The tree canopy on a development site shall meet the applicable standards according to the site’s form district, proposed land use, and the amount of tree preservation, as set forth in the tables below. (Percentages refer to the relation of tree canopy to gross site area in square feet.)
Tree Canopy Categories by Form District
Land Use
|
Form District | |||
Downtown, Traditional Marketplace Corridor, Traditional Workplace | Traditional Neighborhood | Regional Center, Town Center, Suburban Marketplace Corridor, Neighborhood, Suburban Workplace, Campus | Village | |
Land Use
|
Form District | |||
Downtown, Traditional Marketplace Corridor, Traditional Workplace | Traditional Neighborhood | Regional Center, Town Center, Suburban Marketplace Corridor, Neighborhood, Suburban Workplace, Campus | Village | |
Commercial | Class A | Class A | Class C | Class C |
Industrial | Class A | Class A | Class B | Class C |
Institutional | Class A | Class B | Class C | Class D |
Multi-family and office | Class A | Class B | Class C | Class D |
Single-family residential | Class A | Class B | Class C* | Class D |
* Docket No. 9-26-03; see website for adoption status outside Louisville Metro | ||||
Minimum Tree Canopy Coverage
Class Canopy Requirement per the table above | Preserved Tree Canopy Coverage Area | New Tree Canopy Coverage Area | Total Tree Canopy Coverage Area Required |
Class Canopy Requirement per the table above | Preserved Tree Canopy Coverage Area | New Tree Canopy Coverage Area | Total Tree Canopy Coverage Area Required |
Class A | 5% | 0% | 5% |
4% | 2% | 6% | |
3% | 4% | 7% | |
2% | 6% | 8% | |
1% | 8% | 9% | |
0% | 10% | 10% | |
Class B | 10% | 0% | 10% |
8% | 3% | 11% | |
6% | 6% | 12% | |
4% | 9% | 13% | |
2% | 12% | 14% | |
0% | 15% | 15% | |
Class C | 15% | 0% | 15% |
12% | 4% | 16% | |
9% | 8% | 17% | |
6% | 12% | 18% | |
3% | 16% | 19% | |
0% | 20% | 20% | |
Class D | 20% | 0% | 20% |
15% | 6% | 21% | |
10% | 12% | 22% | |
5% | 18% | 23% | |
0% | 24% | 24% | |
(B) Developments shall be entitled to a reduction in the tree canopy requirement prescribed in the tables above as follows:
(1) Any residential subdivision receiving at least three and one-half points for the provision of diversity housing in accordance with Chapter 4, Part 5 “Alternative Development Incentives” of the Land Development Code shall receive a 33% reduction.
(2) Any development located in the downtown, traditional marketplace corridor, traditional workplace, and traditional neighborhood form districts shall receive reductions as follows:
(a) Tree canopy reduction for non-residential development:
Development Floor Area Ratio (FAR) | Total Tree Canopy Reduction |
FAR 0.29 or less | No reduction |
FAR 0.30 to 0.49 | 33% reduction |
FAR 0.50 to 0.99 | 66% reduction |
FAR 1.0 and greater | 100% reduction |
(b) Tree canopy reduction for multi-family residential development:
Development Density (Dwelling Units Per Acre) | Total Tree Canopy Reduction |
12.00 Du/acre or less | No reduction |
12.01 to 16.00 Du/acre | 33% reduction |
16.01 to 22.00 Du/acre | 66% reduction |
22.01 Du/acre and greater | 100% reduction |
(c) Tree canopy reductions for single-family residential developments:
Development Density (Dwelling Units per Acre) | Total Tree Canopy Reduction |
4.4 Du/acre or less | No reduction |
4.41 to 5.5 Du/acre | 33% reduction |
5.51 Du/acre and greater | 66% reduction |
(C) Preservation of existing tree canopy in excess of the cover specified in the tables in division (A) above and retention of trees in sensitive natural areas are encouraged. However, removal of existing tree canopy that covers a greater percentage of the site than stipulated in the minimum standards set forth above is permissible unless restricted by an approved development or subdivision plan or by other applicable provisions of this chapter.
(D) Any tree preserved or planted to meet the minimum requirements of this section shall be maintained in healthy condition and shall be replaced if it becomes diseased or dies.
(E) The Planning Director may require that any trees and/or tree stands preserved to meet the requirements of this subchapter be inspected and found to be healthy and free of disease by a certified arborist or registered landscape architect if, upon inspection of the site, he or she or his or her designee sees evidence that indicates that some or all of said trees may be unhealthy and may not be appropriate for preservation.
(F) All new trees proposed to meet the requirements of this section shall be planted within six months of the completion of the development. When a development is to be completed in phases, trees shall be provided for each phase as determined appropriate by the Planning Director.
(G) When trees are planted off-site or on private property to meet the requirements of this section, the applicant shall provide the Planning Director with documentation that sufficient measures have been taken to ensure the preservation and, when necessary, the replacement of said trees. Examples of such measures would include, but not be limited to, preservation and replacement provisions in a subdivision’s deed of restrictions or within a development’s binding elements or by placing all of the required trees within a conservation easement or a woodland protection area (WPA).
(H) (1) Note: All reductions shall be based on the total square feet of tree canopy needed on a site to meet the requirements of the tables in division (A) above.
(2) Note: These reductions in the tree canopy requirements have been created in an effort to support a more compact and efficient urban form and to support infill development opportunities.
(LDC § 10.1.4)