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(a) Applicability.
These special restrictions and regulations shall apply to the Special Flood Hazard Areas along the Delaware and Schuylkill Rivers, Poquessing Creek, Byberry Creek, Walton Run, Pennypack Creek, Wooden Bridge Run, Tacony-Frankford Creek, Wissahickon Creek, Darby Creek, Cobbs Creek, and Indian Creek, more fully defined by the Flood Insurance Study and Flood Insurance Rate Maps of the U.S. Department of Homeland Security Federal Emergency Management Agency. The Commission shall make the maps available for public inspection upon request.
(b) Disclaimer of Liability.
The degree of flood protection sought by the provisions of this Zoning Code is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as bridge and sewer openings restricted by debris. This Zoning Code does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.
(c) Special Regulations.
The following special regulations are imposed to regulate setbacks, construction, and earth-moving activity along watercourses subject to flooding. These regulations are in addition to the requirements of the Pennsylvania Department of Environmental Protection. 840
(.1) Within the Floodway.
(.a) No encroachment (including fill, new construction, or any development) is permitted; except that docks, public utilities, trails, roadways, and bridges are permitted as long as they cause no increase in the Base Flood Elevation. 841
(.b) Public utility companies shall not place mobile homes or offices within the floodway.
(.c) Construction or substantial improvement of any structure used for the following is prohibited:
(i) the production or storage of: acetone; ammonia; benzene; calcium carbide; carbon disulfide; celluloid; chlorine; hydrochloric acid; hydrocyanic acid; magnesium; nitric acid and oxides of nitrogen; petroleum products (gasoline, fuel oil, and the like); phosphorus; potassium; sodium; sulphur and sulphur products; pesticides (including insecticides, fungicides, and rodenticides);
(ii) any activity requiring the maintenance of a supply of any of the materials listed in § 14-704(4)(c)(.1)(.c)(i) in excess of 550 gallons or an equivalent volume; or
(iii) any purpose involving the production, storage, or use of any amount of radioactive substance.
(.2) Within the Special Flood Hazard Area.
(.a) For residential structures, any new construction or substantial improvement shall have the lowest floor elevation (including basement or cellar) elevated up to, or above, the regulatory flood elevation. 842
(.b) For non-residential structures, any new construction or substantial improvement shall have the lowest floor elevation (including basement or cellar) elevated up to, or above, the regulatory flood elevation of 18 in. above the Base Flood Elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:
(i) Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water;
(ii) Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(iii) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement. Additionally, all air ducts, air conditioning systems, utilities, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be raised to the Regulatory Flood Elevation and shall be securely anchored or affixed to prevent flotation.
(.c) Fully enclosed space that is below the lowest floor of the building and that is used solely for the parking of a vehicle, building access, or incidental storage shall be designed and constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" shall include crawl spaces. For these spaces, a minimum of two openings having a total area of not less than one square inch for every square foot of enclosed space shall be included and shall be no higher than one foot above grade to provide that they permit the automatic entry and exit of flood waters. 843
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(.d) If fill is used to raise the elevation of the site for residential construction, the fill area shall extend out laterally at a maximum slope of one percent (1%) for the minimum required rear yard dimension but in no case less than 15 ft. beyond the proposed structure. The grade from the edge of the rear yard to the floodway line shall not exceed twenty percent (20%) unless a retaining wall is constructed.
(.e) Construction or substantial improvement of any structure used for the following is prohibited unless it is elevated or floodproofed to remain completely dry to the Regulatory Flood Elevation: 844
(i) the production or storage of: acetone; ammonia; benzene; calcium carbide; carbon disulfide; celluloid; chlorine; hydrochloric acid; hydrocyanic acid; magnesium; nitric acid and oxides of nitrogen; petroleum products (gasoline, fuel oil, and the like); phosphorus; potassium; sodium; sulphur and sulphur products; pesticides (including insecticides, fungicides, and rodenticides);
(ii) any activity requiring the maintenance of a supply of any of the materials listed in § 14-704(4)(c)(.2)(.e)(i) in excess of 550 gallons or an equivalent volume; or
(iii) any purpose involving the production, storage, or use of any amount of radioactive substance.
(.f) The following uses are prohibited within a Special Flood Hazard Area: 845
(i) Hospitals.
(ii) Group Living uses housing elderly or disabled persons or persons with limited mobility.
(iii) Detention or correctional facilities.
(iv) A new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.
(.a) Within the Approximate Zone A, development shall be permitted on the same conditions applicable to the Special Flood Hazard Area in subsection (.2) above, except as noted in this subsection (.3).
(.b) For Approximate Zone A areas, elevation and floodway information from other Federal, State, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation may be determined by the Floodplain Administrator using contour interpolation, if applicable. In lieu of the above, the Floodplain Administrator may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Floodplain Administrator. 847
Manufactured homes are prohibited in identified floodplain areas.
The Commissioner of Licenses and Inspections is hereby appointed to administer and enforce this § 14-704(4) and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: (a) fulfill the duties and responsibilities set forth in these regulations, (b) delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, or (c) enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the City of Philadelphia of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. § 59.22.
Base elevation and floodway information shall be identified from the Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA), except as follows:
(.1) For AE zones where no floodway has been identified in the FIS, floodway information from other Federal, State or other acceptable sources shall be used when available.
(.2) For Approximate A zones, elevation and floodway information from other Federal, State or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.
The identified floodplain area may be revised or modified by the Floodplain Administrator where studies or information prepared by a qualified agency or person and provided by an applicant documents the need for such revision. However, prior to any such change to the Special Flood Hazard Area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the applicant shall notify the Floodplain Administrator and FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data.
Prior to altering, relocating, or encroaching into a watercourse, all applicants shall obtain a permit for such action from the Pennsylvania Department of Environmental Protection Southeast Regional Office, shall notify by certified mail all adjacent municipalities which may be affected by such action, and shall submit copies of such notification to FEMA and the Pennsylvania Department of Community and Economic Development.
(h) No permit for construction within the Special Flood Hazard Area shall be issued unless the applicant has provided written confirmation that all other necessary government permits required by state and federal laws have been obtained, including but not limited to those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344. 853
Notes
| 840 | Amended, Bill No. 180346-A (approved July 18, 2018). |
| 841 | Amended, Bill No. 130764 (approved December 18, 2013). |
| 842 | Amended, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012. |
| 843 | Amended, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012. |
| 844 | Amended, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012. |
| 845 | Added, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012. |
| 846 | Amended, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012. |
| 847 | Amended, Bill No. 180346-A (approved July 18, 2018). |
| 848 | Added, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012. |
| 849 | Added, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012. |
| 850 | Added, Bill No. 120645 (approved October 17, 2012). |
| 851 | |
| 852 | |
| 853 |
(a) Applicability.
The waterfront setback requirement shall apply to all lots sharing a boundary with any watercourse designated for protection, on the Hydrology Maps established by the Water Department and approved by the Ordinance amending this subsection (5)(a), for purposes that may include, but are not limited to, restoring and maintaining the City's water resources, restoring and maintaining drinking water sources; restoring and maintaining the base flow of streams; reducing and controlling erosion and sedimentation; reducing and controlling storm water runoff; stabilizing stream banks; and restoring and maintaining riparian habitats.
(b) General Standards.
(.1) All development shall provide a waterfront setback at least 50 ft. wide measured perpendicular to and horizontally from the top-of-bank for all watercourses identified on the Hydrology Maps established by the Water Department and approved by ordinance pursuant to § 14-704(5)(a).
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(.2) The following activities and uses are prohibited within the waterfront setback: 855
(.a) Permanent or temporary structures, except for docks, piers, and structures accessory to public parks and open space.
(.b) Outdoor storage of materials;
(.c) Streets and driveways, except that driveways that are necessary to access any permanent or temporary structure permitted under subsection (.a) above are permitted; 856
(.d) Parking lots; and
(.e) Any other directly connected impervious surface (see § 14-203(95) (Directly Connected Impervious Surface), except for recreational trails, which must conform to any design regulations adopted by the Commission.
(.3) Portions of the lot within the waterfront setback area may be counted towards any required open space on the lot.
(.4) Plantings within the waterfront setback may count toward the minimum landscape requirements required by § 14-705 (Landscape and Trees). Any new landscape within the waterfront setback shall use the plantings included on the native and non-invasive planting list in the Philadelphia Stormwater Management Guidance Manual.
(.5) Stormwater management functions, approved by the Water Department, are permitted in the waterfront setback.
(c) Special Controls for the Delaware and Schuylkill Rivers.
(.1) Additional Permitted Uses.
Notwithstanding the provisions of subsection (b)(.2), above, the following additional activities and uses shall be permitted within the waterfront setbacks along the Delaware River and Schuylkill River provided they are permitted by the underlying zoning:
(.a) Marine-Related Industrial;
(.b) Marinas;
(.c) Airport Related Facilities;
(.d) Basic and Major Utilities and Services;
(.e) City-owned facilities of any type.
(d) Transition.
Permits and approvals that are valid on the date this subsection becomes effective shall remain valid until their expiration date. Projects with valid approvals or permits may be carried out in accordance with the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed. No provision of this subsection shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to the effective date of this subsection. Any re-application for an expired permit or approval, including special exception and regulated use approvals, shall meet the standards in effect at the time of re-application.
Notes
| 854 | |
| 855 | Amended, Bill No. 190811-A (approved December 30, 2019). |
| 856 | Amended, Bill No. 200628 (approved March 29, 2021). |
(a) Applicability.
The on-site landscape and tree requirements of this § 14-705(1) (On-Site Landscape and Tree Requirements) shall apply to all site clearing and development on existing lots greater than 5,000 sq. ft. in area, except as stated below.
(.1) For development and site clearing associated with development or environmental restoration projects, § 14-705(1) (On-Site Landscape and Tree Requirements) shall not apply to:
(.a) Lots with a principal urban agricultural use;
(.b) Portions of lots that are the sites of: environmental restoration projects, such as work to implement stream bed, flood plain, or forest restoration; or wetland or meadow creation; and
(.c) Any development that meets either of the following conditions:
(i) The applicant demonstrates to the satisfaction of the Department of Planning and Development that fifty-one percent (51%) or more units will meet the definition of "Affordable Housing Property" under subsection 7-202(1); or
(ii) The development is otherwise subject to a recorded instrument such that average monthly costs for all rental units may not exceed the standards described under § 14-702(7)(a)(.1)(.a).
(.2) For all other site clearing:
(.b) No provisions of § 14-705(1) (On-Site Landscape and Tree Requirements) shall apply to lots with a principal single-family, two-family, or urban agricultural use.
(.3) Portions of lots in use as parking lots and garages, which shall comply with the landscape standards of § 14-803(5) (Parking Landscape and Screening).
(b) Landscape and Tree Preservation Plan Required.
Zoning permit applications must, if subject to the provisions of this § 14-705(1) (On-Site Landscape and Tree Requirements), include a landscape and tree preservation plan prepared by a licensed architect, licensed landscape architect, licensed professional civil engineer, or a certified arborist that demonstrates compliance with these provisions. L&I shall not issue a zoning permit for an application that is subject to the provisions of this § 14-705(1) (On-Site Landscape and Tree Requirements) unless such landscape and tree preservation plan is submitted, nor shall L&I issue a zoning permit for an application that is subject to § 14-705(1)(d) (Landscape Buffering Between Different Zoning Districts) or § 14-705(1)(e) (Yard Tree Requirements) until the Commission approves the landscape and tree preservation plan as meeting all applicable requirements of this Zoning Code and issues waivers for any requirements it deems impracticable, as authorized below. The Commission is authorized to promulgate regulations that include submission and waiver requirements for landscape and tree preservation plans.
(c) General Standards.
(.1) Plants.
Trees, shrubs, grasses, perennials, and groundcover installed in the required landscaped area shall be selected from the list of appropriate plantings maintained by the Commission, except for plantings intended to satisfy the requirements of § 14-705(1)(g) and no other provisions of § 14-705(1) (On-Site Landscape and Tree Requirements) or of § 14-803(5) (Parking Landscape and Screening), in which case such plantings may be selected from either the list of appropriate plantings maintained by the Commission or such list maintained by the Department of Parks and Recreation. Whenever the calculation of required number of plants results in a fraction of a number, then the number of plants shall be rounded up to the nearest whole number. 858
Unless otherwise provided by the Department of Parks and Recreation by regulation, trees installed in the required landscaped area shall have a minimum caliper of 2.0 in., except evergreen species, which must be at least 5 feet in height.
(.3) Irrigation.
All irrigation systems for development shall be designed, installed, and operated to minimize runoff and over-spray of irrigation water onto roadways, sidewalks, and adjacent properties, and shall be installed with rain sensors to turn the system off during rainy conditions.
(.4) Sight Triangle Requirements.
Plants that exceed 2.5 ft. in height at maturity are prohibited in sight triangles.
Trees shall have a minimum spacing of 12 ft. from other trees. Shrubs shall have a minimum spacing of 3 ft. from other shrubs and trees.
(.6) Minimum Soil Volume.
Trees and shrubs shall be planted with a minimum volume of soil, dependent on site conditions, landscaping plan, species, and other factors, as specified in the regulations of the Commission.
(.7) Shrub Replacement.
A maximum of twenty percent (20%) of required shrubs may be replaced one-for-one with a tall grass species.
(.8) Waivers.
An applicant may request that the Commissioner grant a waiver, such that, in lieu of meeting any of the on-site landscape or tree planting requirements provided in this § 14-705(1), the applicant shall instead meet the following conditions:
(.a) Demonstrate to the satisfaction of the Commission that it would be impracticable to meet such on-site landscape or tree planting requirements due to existing site conditions and constraints, as described in the regulations of the Commission; and
(.b) If the waiver results in a reduction of the number of trees to be planted, enter into a binding agreement with the City, prior to the issuance of a building permit, pursuant to which the applicant has tendered to the City a payment in lieu of meeting certain landscape and tree planting requirements, as provided in § 14-705(1)(c)(.9), and the Department of Parks and Recreation has agreed to use such amount of money for the purposes of growing, protecting, and caring for Philadelphia's tree canopy, including to defray any additional administrative costs associated with tree planting and maintenance.
(.9) In-lieu Fee.
Any trees that would be required, but for the issuance of a waiver, shall be subject to a mandatory in-lieu fee.
(.a) This in-lieu fee shall be calculated as follows:
(ii) For each DBH inch of tree waived from the requirements § 14-705(1)(g) (Tree Replacement Requirements), as indicated in the following chart:
Progressive Fee Category (overall density of existing trees on lot) |
Fee
|
Up to 75 DBH inches per acre | $400 per inch |
Greater than 75 and less than 250 DBH inches per acre | $200 per inch |
Greater than 250 DBH inches per acre | $50 per inch |
(.c) For lots within the Fairmount Park System, as defined in Section 15-201 (Jurisdictional Areas), additional trees planted within one mile of the lot line that are on other lots within the Fairmount Park System or within areas under Department of Parks and Recreation jurisdiction that are not otherwise required by this § 14-705(1) or § 14-803(5) (Parking Landscape or Screening) shall be deducted from the calculation derived in (.a), above.
(.d) Notwithstanding the foregoing, the total in-lieu fee shall not exceed five percent (5%) of the appraised value of the property, as shown in the average of two appraisals conducted by independent certified appraisers, when such lot meets each of the following conditions:
(i) Is less than 70 acres in total size;
(ii) Is zoned I-1, I-2, I-3, or I-P;
(iii) Has a principal Industrial or Wholesale, Distribution, and Storage Use; and
(iv) Includes no Residential uses.
(d) Landscape Buffering Between Different Zoning Districts.
Landscape buffers are required when specific types of different zoning districts abut each other, as listed in § 14-705(1)(d)(.1) (When Buffering Is Required), below. These requirements only apply at the time a lot subject to these requirements is developed, and no existing development shall be required to install buffer landscape because of a change in the zoning district classification of an abutting lot.
(.1) When Buffering Is Required.
A landscape buffer satisfying the requirements of § 14-705(1)(d)(.2) ( Buffering Requirements) shall be provided along non-primary street frontages and the side and rear lot lines, where a yard is provided, for the following:
(.a) Side and rear lot lines of a lot in a Residential Multi-Family (RM) or Residential Mixed-Use (RMX) zoning district that abuts a lot in a Residential Single-Family Attached (RSA), Residential Single-Family Detached (RSD), or Residential Two-Family (RTA) zoning district.
(.b) Side and rear lot lines of a lot in a Commercial (CA), Commercial Mixed-Use (CMX), Industrial (I, IRMX or ICMX), or Special Purpose (SP) zoning district that abuts a lot in a Residential (RM, RMX, RSA, RSD or RTA) district.
(.c) Side and rear lot lines and non-primary street frontages of a lot that abuts or includes the right-of-way of a railroad or any of the following public highways and their associated access ramps:
(i) Delaware Expressway;
(ii) Schuylkill Expressway;
(iii) Vine Street Expressway;
(iv) Roosevelt Expressway;
(v) Roosevelt Boulevard;
(vi) Woodhaven Road, between the County Line and Evans Street;
(vii) Vare Avenue;
(viii) Walt Whitman Bridge Approach;
(ix) Passyunk Avenue, between Dover Street and 61st Street;
(x) Frontage Road, between 26th Street and the Schuylkill River;
(xi) 26th Street, between Passyunk Avenue and Penrose Avenue;
(xii) Penrose Avenue, between 26th Street and the Schuylkill River;
(xiii) Betsy Ross Bridge Approach;
(xiv) Tacony-Palmyra Bridge Approach.
(.d) Conflicts with Parking Landscape and Screening.
Where a parking lot, loading space, or drive-through landscape buffer is required in accordance with § 14-803(5)(c) (Perimeter Screening From Abutting Residential Zoning District), the provisions of § 14-705(1)(d) (Landscape Buffering Between Different Zoning Districts) shall not apply to any segments of side or rear lot lines affected by those requirements.
(.2) Buffering Requirements.
(.a) Minimum Requirements.
(i) The applicant shall provide a minimum 8-foot wide buffer along the entirety of the lot line that abuts a lot in a different zoning district from that of the subject parcel.
(ii) All such buffers shall include at least one tree and three shrubs per 20 linear feet.
(iii) Buffers between Industrial and Residential zoning districts shall include a fence, wall, or berm at least eight feet in height.
(iv) All other landscape buffers required under this section shall include a fence, wall, or berm at least six feet in height.
(.b) Tree Selection.
A minimum of fifty percent (50%) of the required buffer trees shall be of an evergreen tree species.
(.c) Fences, Walls, and Berms.
(i) Buffer fences, walls, and berms are not required along segments of a lot line that abut a building on the adjacent lot.
(ii) Buffer fencing shall be constructed of wood or ornamental metal; chain-link and barbed wire are prohibited as a material for any fences used to meet the requirements of this section.
(e) Yard Tree Requirements.
(.1) When Yard Trees are Required.
Trees are required to be planted in the yards of all Residential Multi-Family (RM), Commercial (CA), Commercial Mixed-Use (CMX), Industrial (I, IRMX or ICMX), and Special Purpose (SP) zoning districts. Parking lots, areas of required parking lot landscape as listed in § 14-803(5), areas of required vegetated buffer areas as listed in § 14-705(1)(d), and watercourses are excluded from yard tree requirement calculations.
(.2) The requirements of this § 14-705(1)(e) apply to the entirety of a lot, except as follows:
(.a) Where there is an existing structure and the development would not increase the number of dwelling units or the gross floor area by twenty-five percent (25%) or more; or
(.b) Where structures are destroyed and replaced, as set forth in § 14-305(10) (Reconstruction of Destroyed Structures).
(.3) Trees Required.
Yard trees must be provided at a rate of one tree per 1,600 sq. ft. of open area, not including watercourses and any open area in use as driveway access, parking, or landscape buffers necessary to satisfy the requirements of § 14-705(1)(d).
(.1) A heritage tree may be removed from a property without a special exception approval, provided that the applicant replaces the removed heritage tree in accordance with § 14-705(1)(g) (Tree Replacement Requirements); and one of the following conditions applies:
(.a) The heritage tree's location meets each of the following conditions:
(i) The lot is less than 70 acres in total size; is zoned I-1, I-2, I-3, or I-P; has a principal Industrial or Wholesale, Distribution, and Storage Use; and includes no Residential uses;
(ii) The tree is at least 75 feet from the nearest street, as measured from the closest point on the tree's trunk at 4.5 feet in height; and
(iii) The tree is at least 75 feet from the nearest lot that is in a Residential (RSD, RSA, RTA, RM, RMX), Commercial (CA), Commercial Mixed-Use (CMX), Special Purpose (SP), or IRMX district, as measured from the closest point on the tree's trunk at 4.5 feet in height.
(.b) One or both of the following applies to the heritage tree:
(i) a certified arborist has determined that the tree is dead, damaged, diseased, or a threat to public health or safety; or
(ii) the Streets Department has determined that the tree interferes with the provision of public services or constitutes a hazard to traffic, bicyclists, or pedestrians.
(.c) The lot is held by the Philadelphia Authority for Industrial Development subject to City requirements pertaining to the Industrial and Commercial Development Fund.
(.2) If the standards of § 14-705(1)(f)(.1) are not met, a heritage tree may not be removed from any property unless the applicant obtains a special exception approval. The Zoning Board shall grant a special exception to remove a heritage tree if:
(.a) The applicant replaces the removed heritage tree in accordance with § 14-705(1)(g) (Tree Replacement Requirements);
(.b) It determines that the criteria of § 14-303(7) (Special Exception Approval) have been met; and
(.c) The applicant has demonstrated that the proposed development cannot be practically redesigned to protect the heritage tree.
(.1) Except as set forth in § 14-705(1)(g)(.2) or § 14-705(1)(g)(.3) below, all healthy trees on the lot of 2.5 in. of DBH or larger that are removed, damaged, or destroyed as a result of development, site clearing, or both shall be replaced on the same lot or an abutting lot in accordance with the following standards: 863
(.a) All trees proposed for removal and all proposed replacement trees shall be indicated on the site plan.
(.b) The total caliper inches of all replacement trees shall be no less than the total inches of DBH of all trees removed from the lot. Each replacement tree shall not be less than 2.5 caliper in. at planting. 864
(.c) In the event that the replacement trees are proposed on an abutting lot and such lot is not under the same ownership as the principal lot, a written agreement between the record owners shall be submitted to L&I with the zoning permit application.
(.2) Trees removed under the following conditions are exempt from the replacement requirements of § 14-705(1)(g):
(.a) As determined by a certified arborist, the tree is dead, damaged, or diseased.
(.b) As determined by a certified arborist, the tree is an undesirable species in its present location.
(.c) As determined by a certified arborist, the tree poses potential danger to life or property.
(.3) Any trees required by and provided pursuant to § 14-705(1)(d) (Landscape Buffering Between Different Zoning Districts), § 14-705(1)(e) (Yard Tree Requirements), or § 14-803(5) (Parking Landscape or Screening), shall be counted towards the total tree replacement requirement of section (.1), above.
(.4) Where total removal of healthy trees equals or exceeds 24 inches DBH, applicants must provide mailed notice of this tree removal to the district councilmember whose district includes the applicant's property and to the Director of the Office of Sustainability.
(.a) L&I shall not issue a zoning permit for an application that is subject to this section until proof of mailing, by means of a cancelled Certificate of Mailing obtained from the United States Postal Service, is submitted.
(.b) Any application that is reviewed by the Zoning Board of Adjustment, the Civic Design Review committee, or both shall be deemed to have satisfied this requirement, provided that the Director of the Office of Sustainability has been provided written notice as a condition of satisfying the requirements of § 14-303(12) (Neighborhood Notice and Meetings).
Applicants who preserve mature, healthy trees as part of a development project may obtain credits toward trees required by this Zoning Code, other than those required under § 14-705(1)(g). Trees intended to be preserved shall be indicated on the site plan. To obtain credit, the preserved trees must be on the same lot, at least five in. diameter breast height (DBH) and in healthy condition as determined by a certified arborist. The credit for preserved trees shall be as shown in Table 14-705-1. Any preserved trees for which credit is given, and that are lost to damage or disease within two years after the credit is awarded, shall be replaced by the land owner with trees otherwise required.
Inches of DBH of Preserved Tree
|
Credit (in Total Caliper Inches)
|
Over 12 in. | 12 in. |
Over 8 in. to 12 in. | 8 in. |
5 in. to 8 in. | 5 in. |
Notes
| 857 | |
| 858 | Amended, Bill No. 130764 (approved December 18, 2013). |
| 859 | Amended, Bill No. 220418 (approved November 30, 2022). |
| 860 | Amended, Bill No. 220418 (approved November 30, 2022). |
| 861 | |
| 862 | |
| 863 | Amended, Bill No. 220418 (approved November 30, 2022). |
| 864 | Amended, Bill No. 220418 (approved November 30, 2022). |
| 865 | |
| 866 | Amended, Bill No. 220418 (approved November 30, 2022). |
(a) Applicability.
The street tree requirements of this § 14-705(2) (Street Tree Requirements) shall apply to:
(.1) All development on lots greater than 5,000 sq. ft. in area, except lots with a principal single- family, two-family, parks and open space, or urban agriculture use; and
(.2) Subdivisions of three or more lots.
(b) Certification.
Before L&I may issue a building permit, the applicant must, if subject to the provisions of this § 14-705(2) (Street Tree Requirements), submit a site plan indicating the location and number of street trees to be planted prepared by a licensed architect, licensed landscape architect, licensed professional civil engineer, or a certified arborist that demonstrates compliance with the standards of § 14-705(2) (Street Tree Requirements).
(c) Standards.
(.1) Existing street trees in healthy condition that will be preserved may be used to meet the requirements of this section.
(.2) New street tree planting shall comply with the following standards:
(.a) At least one street tree per 35 ft. of linear frontage shall be provided. Street trees may be placed at regular or irregular intervals, provided that there is at least 15 ft. of space between tree trunks. Where any of these standards conflict with the regulations of the Streets Department or the Department of Parks and Recreation, the least restrictive regulation shall govern. 867
(.b) To the extent possible, trees shall be planted in alignment with street trees on the same block or adjacent lots.
(.3) The applicant shall plant the required street trees and manage the tree installation.
(.4) L&I shall not grant a building permit to an applicant unless the applicant either makes a deposit into the City treasury, or posts a bond in form satisfactory to the City Solicitor, in an amount sufficient, as determined by DPR, to pay for the City's costs in purchasing and planting the required street trees in the event the applicant fails to comply with the requirements of this § 14-705(2) (Street Tree Requirements) and applicable regulations, such amount to be refunded or such bond to be marked satisfied upon compliance by the applicant with these requirements. Retention by the City of the deposit or payment on the bond shall not excuse the applicant from applicable fines or penalties.
Notes
| 867 | Amended, Bill No. 130764 (approved December 18, 2013). |
(a) All landscape and trees required to be installed or replaced by this § 14-705 (Landscape and Trees) shall be installed or replaced within two years of the issuance of a building permit for the project, or before the issuance of a certificate of occupancy for the principal building on the lot, whichever is later.
(b) The applicant or owner of each property subject to the requirements of this section is required to maintain all required landscape and trees and replace any tree that dies or is required to be removed due to damage or disease.
Notes
| 868 | Amended, Bill No. 210075 (approved March 29, 2021). |
The fence and wall regulations of this section shall apply in all zoning districts, and to all land uses, unless specifically exempted by another provision of this Zoning Code, or unless inconsistent with a more specific requirement in another provision of this Zoning Code. In addition, all development shall comply with any specific fencing or wall regulations contained in any overlay district standards in Chapter 14-500 (Overlay Zoning Districts) or any use-specific standard in § 14-603 (Use-Specific Standards).
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