(1) On-Site Landscape and Tree Requirements. 857

(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:

(.a)   § 14-705(1)(d) (Landscape Buffering Between Different Zoning Districts) and § 14-705(1)(e) (Yard Tree Requirements) shall not apply; and

(.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

(.2)   Minimum Plant Size.  859

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.

(.5)   Minimum Plant Spacing.  860

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:

(i)   For each tree waived from the requirements of § 14-705(1)(d) (Landscape Buffering Between Different Zoning Districts), § 14-705(1)(e) (Yard Tree Requirements), and § 14-803(5) (Parking Landscape and Screening), one thousand dollars ($1,000); and

(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

 

(.b)   Additional trees that will be planted on the lot and 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 § 14-705(1)(c)(.9)(.a).

(.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).

(f)   Preservation of Heritage Trees. 861

The location, DBH, and species of all existing trees shall be included in a landscape and tree plan. Heritage trees may not be removed from any property unless the applicant meets the standards of § 14-705(1)(f)(.1) or obtains a special exception approval in accordance with § 14-705(1)(f)(.2).

(.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.

(g)   Tree Replacement Requirements.  862

(.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).

(h)   Credits for Preserving Existing Trees.  865

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.

Table 14-705-1: Tree Preservation Credits 866

 

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	Amended, Bill No. 210075 (approved March 29, 2021); amended, Bill No. 220414 (approved September 13, 2022). For effective date provisions, see note 165.
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	Amended, Bill No. 150766 (approved December 8, 2015); amended, Bill No. 161003-A (approved May 8, 2017); amended, Bill No. 210078-A (approved April 28, 2021).
862	Amended, Bill No. 210078-A (approved April 28, 2021).
863	Amended, Bill No. 220418 (approved November 30, 2022).
864	Amended, Bill No. 220418 (approved November 30, 2022).
865	Amended, Bill No. 210078-A (approved April 28, 2021).
866	Amended, Bill No. 220418 (approved November 30, 2022).