§ 98-1061. Landscaping preservation requirements.

(a)

Purpose and intent. In order to preserve the rural landscape of New Kent County, no one shall disturb land more than the minimum necessary to allow the economically beneficial use of land.

(b)

Landscape preservation standards. The owner or applicant of a development site shall demonstrate the necessity of any land clearing and landscape disrupting activities to the extent reflected in the application.

(1)

In all cases, the preservation of naturally existing, healthy, landscape plants (especially trees) and the naturally occurring topography in which those plants are living is preferred to planting new or similar landscape materials after development.

(2)

The county recommends the tree protection practices set out in the Virginia Erosion and Sediment Control Handbook, Third Edition, 1992, as amended, when trees are to be protected and preserved.

(3)

In no case shall any viable heritage, memorial, specimen or significant tree (see definitions in section 98-2) be removed from any buffer area or landscape preservation easement except to accommodate necessary entrances or utility service to the site which cannot be relocated in an appropriate manner or where such preservation would create or perpetuate demonstrable public health, safety, or welfare hazards.

(Ord. No. O-18-06, 2-5-2007; Ord. No. O-15-08(R2), 1-12-2009)

(Ord. No. O-18-06, 2-5-2007; Ord. No. O-15-08(R2), 1-12-2009)