Section 11-1519. TREE AND SLOPE PROTECTION AND MINIMUM LOT SIZE (FH/TSP)

 

1519.1The provisions of this Section shall only apply to those lots that are subject to the overlay in Squares 2042, 2043, 2046, 2049, 2231, 2232, 2238, 2239, 2244 through 2248, 2250, 2258, 2272, and 2282.

 

1519.2Constructing a building, accessory building, or an addition to a building; creating any impervious surface area; subdividing any unimproved lot; or subdividing any improved lot so as to increase the number of principal structures thereupon shall only be permitted as a matter of right subject to the following tree removal limitations:

 

(a)The restrictions of this Section against removing, cutting down, or fatally damaging trees apply only to trees having a circumference of twelve inches (12 in.) or greater at a height of four and one-half feet (4½ft.) above ground;

 

(b)The prohibitions of this Section do not apply to the removal or cutting down of any dead or unhealthy tree or a tree that creates an unsafe condition. The need for removal of any tree shall be certified by an arborist certified by the International Society of Arboriculture;

 

(c)No tree that has a circumference of seventy-five inches (75 in.) or more at a height of four and one-half feet (4½ft.) above ground may be removed, cut down, or fatally damaged;

 

(d)No more than three (3) trees that have a circumference of more than thirty-eight inches (38 in.) at a height of four and one-half feet (41/2 ft.) above ground may be removed, cut down, or fatally damaged and none of these may be located within twenty-five feet (25 ft.) of any building restriction line or lot line abutting a public street;

 

(e)The total circumference inches of all trees removed or cut down on a lot may not exceed twenty-five percent (25%) of the total circumference inches of all trees on the lot having a circumference greater than twelve inches (12 in.); provided, that this Section does not abrogate the right to remove or cut down up to three (3) trees as provided in paragraph (d) of this subsection; and

 

(f)Where removal or cutting of trees has occurred that would be prohibited by this Section if a building permit were contemporaneously applied for, no building permit shall be issued for a period of seven (7) years from such removal or cutting unless a special exception is granted by the Board of Zoning Adjustment in accordance with the provisions of § 1520.

 

1519.3The minimum lot size for homes within the FH/TSP Overlay district shall be 9,500 square feet for lots subdivided after the effective date of the FH/TSP Overlay.

 

1519.4To the extent that any person seeks permission for building or terrain alteration on a lot with a slope steeper than twenty-five percent (25%) or with "highly erodible land" as defined at 7 CFR 12.2 (2005), that person shall supply to the Zoning Administrator in the Department of Consumer and Regulatory Affairs a professional certification that the plans for alteration and/or construction will follow best geo-technical, structural engineering, and arboreal practices.

 

source

Final Rulemaking published at 54 DCR 4835, 4841 (May 18, 2007).