ORDINANCE NO. BL2008-328

An Ordinance amending Chapters 17.24 of Title 17 of the Metropolitan Code, Zoning Regulations, to make the tree density requirements applicable to certain residential development, all of which is more particularly described herein (Proposal No. 2008Z-089T).

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 17.24.050 of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by amending subsection C. by deleting the first sentence in its entirety and substituting in lieu thereof the following new sentence:

“An individual lot not part of a new residential subdivision zoned for a single-family or two-family dwelling for which a valid building permit has been issued.”

Section 2. That Section 17.24.100, of the Code of The Metropolitan Government of Nashville and Davidson County, Zoning Regulations, is hereby amended by deleting the existing subsection B. in its entirety and substituting in lieu thereof the following new subsection B.:

“B. Tree density.
1. Each property, other than those residential single and two-family properties provided for in subsection B.2. of this section, shall attain a tree density factor of at least fourteen units per acre using protected or replacement trees, or a combination of both.
2. Residential subdivisions shall attain the following tree density factors based upon the number of units:
a. Residential subdivisions containing between two and twenty-five single-family and/or two-family units shall attain a tree density factor of at least fourteen units per acre using protected or replacement trees, or a combination of both.
b. Residential subdivisions containing between twenty-six and fifty single-family and/or two-family units shall attain a tree density factor of at least twelve units per acre using protected or replacement trees, or a combination of both.
c. Residential subdivisions containing between fifty-one and seventy-five single-family and/or two-family units shall attain a tree density factor of at least ten units per acre using protected or replacement trees, or a combination of both.
d. Residential subdivisions containing seventy-six or more single-family and/or two-family units shall attain a tree density factor of at least seven units per acre using protected or replacement trees, or a combination of both.

3. Compliance with this subsection B. shall be calculated using gross acreage of the property but shall not include the following:
a. The portion of the land area currently or proposed to be covered by buildings;
b. The fenced area of any athletic field;
c. The area of a lake or pond which is covered by water year round;
d. Semi-trailer and tractor-trailer service areas, semi-trailer and tractor-trailer drive aisles, and semi-trailer and tractor-trailer parking and loading areas; and
e. Open areas of golf facilities.
Protected and replacement trees shall contribute toward the tree density.
4. Tree density shall be calculated according to the following schedules.

Protected Tree Schedule

UNITS represents basal area
DBH refers to diameter at breast height

Replacement Tree Schedule

UNITS represents basal area
DBH refers to diameter at breast height

Section 3. This Ordinance shall take effect five (5) days from and after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Megan Barry, Mike Jameson, Vivian Wilhoite, Karen Bennett