Chapter 10 Tree Canopy, Landscaping and Open Spaces Part 1 Tree Canopy Regulations Page 1 of 2

The intent of this Part is to protect, conserve and replace trees in order to enhance community character, provide wildlife habitat, maintain air and water quality, prevent soil erosion, provide noise buffers, and enhance property values. This Part is also intended to provide several alternative means to the Planning Commission to further the goals and objectives of the Comprehensive Plan by providing for flexible tree canopy requirements subject, however, to specified standards and findings. Tree canopy standards shall be met on site to the maximum extent feasible and tree preservation is the preferred means of accomplishing canopy objectives. Where neither preservation nor replacement on site is practical due to the specifics of the development site and/or the general nature of the development, it is intended that tree canopy not provided on site be required to be placed on an appropriate alternative site within the city and/or county.

The following terms relating to Tree Canopy are included in the Definitions (Chapter 1 Part 2); Caliper, Dripline, Tree Canopy, Tree, Type A, Tree, Type B, Tree, Type C

10.1.1 Relationship to the Comprehensive Plan

The tree canopy regulations prescribed by this Part are intended to implement the following Cornerstone 2020 Comprehensive Plan Goals and Plan Elements.

Goals Plan Elements
Livability Strategy Goals F2; F3; F4; G4 Guidelines 3, 10, 13

10.1.2 Applicability and Basis of Calculation

  1. The requirements of this Part shall apply to all new residential subdivisions creating more than five (5) buildable lots and to all new multi-family and nonresidential development. New single-family residential construction shall provide tree(s) in accordance with the residential design standards found within chapter 5.
  2. Expansion or reconstruction of an existing nonresidential building or development shall be subject to the requirements of this Part as follows:
    1. Any development site on which there is an increase in building area or impervious surface area by more than fifty (50) percent or where a structure has been demolished and a new structure has been built in its place shall fully comply with the tree canopy requirements set forth in this Part.
    2. Any development site on which there is an increase in building area or impervious surface area by more than twenty (20) percent and less than fifty (50) percent shall provide one-half (1/2) the tree canopy required by this Part.
    3. Any development site on which there is an increase in building area or impervious surface area by twenty (20) percent or less shall not be required to provide the tree canopy required by this Part.
  3. The requirements of this Part shall apply to the entire area shown on a development plan and the required canopy may be equally distributed throughout that area or be concentrated in certain parts or portions of that area.
NOTE: This provision (10.1.2, C) allows residential subdivisions and multi-lot commercial developments to group trees in clusters throughout the development rather than meeting the canopy requirements on a lot-by-lot basis.

10.1.3 Alternatives for Compliance

The tree canopy requirements of this Part may be satisfied at the applicant’s discretion by any combination of the following means.

  1. Preservation of existing trees or tree stands on the development site.
  2. Planting new trees on the development site or as street trees on adjacent rights-of-way.
  3. Planting new trees on an alternative site approved by the Planning Commission, at the applicant’s expense.

The Planning Commission may approve an alternative site for the planting of an equivalent number/amount of trees that meets any one of the following criteria: (1) a site within a public park approved by the Metropolitan Parks Department; (2) a site on a public road right-of-way, not adjacent to the development site, approved by the Director of Works or by the appropriate state or federal official in the event that the site is on a state or federal road; (3) a privately developed site upon which affordable housing has been constructed or is to be constructed; and (4) a site of existing development where the Planning Commission finds that additional tree canopy would be in the public interest. In any such case, the Planning Commission may condition its approval of an alternative site upon the agreement of the applicant to plant a tree or trees of a type that is deemed appropriate for the site. It should be noted that using an alternative site to meet the tree canopy requirements is an option available to developers that must be approved by the Planning Commission. In no case shall the Planning Commission require the off-site planting of trees to meet the requirements of this Part.

10.1.4 Tree Canopy Standards

  1. The tree canopy on a development site shall meet the applicable standards according to the site’s form district, proposed land use and the amount of tree preservation, as set forth in Tables 10.1.1 and 10.1.2, below. (Percentages refer to the relation of tree canopy to gross site area in square feet.)

Table 10.1.1 Tree Canopy Categories by Form District

Land Use Form District
Downtown,
Traditional Marketplace Corridor,
Traditional Workplace		 Traditional
Neighborhood		 Regional Center,
Town Center,
Suburban Marketplace Corridor,
Neighborhood,
Suburban Workplace, Campus		 Village
Single-Family Residential Class A Class B Class C* Class D
Multi-Family and Office Class A Class B Class C Class D
Institutional Class A Class B Class C Class D
Commercial Class A Class A Class C Class C
Industrial Class A Class A Class B Class C

* Docket No. 9-26-03; see website for adoption status outside Louisville Metro

Table 10.1.2 Minimum Tree Canopy Coverage

Class Canopy
Requirement per
Table 10.1.1		 Preserved Tree
Canopy
Coverage Area		 New Tree
Canopy
Coverage Area		 Total Tree
Canopy Coverage
Area Required
Class A 5% 0% 5%
4% 2% 6%
3% 4% 7%
2% 6% 8%
1% 8% 9%
0% 10% 10%
Class B 10% 0%` 10%
8% 3% 11%
6% 6% 12%
4% 9% 13%
2% 12% 14%
0% 15% 15%
Class C 15% 0% 15%
12% 4% 16%
9% 8% 17%
6% 12% 18%
3% 16% 19%
0% 20% 20%
Class D 20% 0% 20%
15% 6% 21%
10% 12% 22%
5% 18% 23%
0% 24% 24%
  1. NOTE: All reductions shall be based on the total square feet of tree canopy needed on a site to meet the reirements of Tables 10.1.1 and 10.1.2.
    Developments shall be entitled to a reduction in the tree canopy requirement prescribed in Tables 10.1.1 and 10.1.2 as follows:
    1. Any residential subdivision receiving at least 3.5 points for the provision of diversity housing in accordance with Chapter 4 Part 5 (Alternative Development Incentives) of the Land Development Code shall receive a 33% reduction.
    2. Any development located in the Downtown, Traditional Marketplace Corridor, Traditional Workplace and Traditional Neighborhood Form Districts shall receive reductions as follows:
      1. NOTE: These reductions in the tree canopy requirements have been created in an effort to support a more compact and efficient urban form and to support infill development opportunities.
        Tree Canopy Reduction for Nonresidential Development:

        Development Floor Area
        Ratio (FAR)        		 Total Tree Canopy
        Reduction
        FAR 0.29 or Less No Reduction
        FAR 0.30 to 0.49 33% Reduction
        FAR 0.50 to 0.99 66% Reduction
        FAR 1.0 and Greater 100% Reduction
      2. NOTE:  Any tree or tree stands that are being preserved to meet the minimum requirements of this Part shall also be subject to the requirements of Chapter 10 Part 4 (Implementation) of the land Development Code.
        Tree Canopy Reduction for Multi-Family Residential Development:

        Development Density
        (Dwelling Units per Acre)        		 Total Tree Canopy
        Reduction
        12.00 Du/Acre or Less No Reduction
        12.01 to 16.00 Du/Acre 33% Reduction
        16.01 to 22.00 Du/Acre 66% Reduction
        22.01 Du/Acre and Greater 100% Reduction
      3. Tree Canopy Reductions for Single Family Residential Developments:

        Development Density
        (Dwelling Units per Acre)        		 Total Tree Canopy
        Reduction
        4.4 Du/Acre or Less No Reduction
        4.41 to 5.5 Du/Acre 33% Reduction
        5.51 Du/Acre and Greater 66% Reduction
  2. Preservation of existing tree canopy in excess of the cover specified in Tables 10.1.1 and 10.1.2 and retention of trees in sensitive natural areas are encouraged. However, removal of existing tree canopy that covers a greater percentage of the site than stipulated in the minimum standards set forth above is permissible unless restricted by an approved development or subdivision plan or by other applicable provisions of this Land Development Code.
  3. Any tree preserved or planted to meet the minimum requirements of this Part shall be maintained in healthy condition and shall be replaced if it becomes diseased or dies.
  4. The Planning Director may require that any trees and/or tree stands preserved to meet the requirements of this Part be inspected and found to be healthy and free of disease by a certified arborist or registered landscape architect if, upon inspection of the site, he/she or his/her designee sees evidence that indicates that some or all of said trees may be unhealthy and may not be appropriate for preservation.
  5. All new trees proposed to meet the requirements of this Part shall be planted within six months of the completion of the development. When a development is to be completed in phases, trees shall be provided for each phase as determined appropriate by the Planning Director.
  6. When trees are planted off-site or on private property to meet the requirements of this Part, the applicant shall provide the Planning Director with documentation that sufficient measures have been taken to ensure the preservation and, when necessary, the replacement of said trees. Examples of such measures would include, but not be limited to, including preservation and replacement provisions in a subdivision’s deed of restrictions or within a development’s binding elements or by placing all of the required trees within a conservation easement or a Woodland Protection Area (WPA).