Planners OK 10 Year Tree Canopy

The Falls Church Planning Commission gave its thumbs up to a new tree ordinance that will now come before the City Council for final approval this Tuesday.

The Planners voted unanimously to retain the current wording of the proposed ordinance, the most controversial element being a feature requiring that improvements to more than 2,500 square feet of residential property include a demonstrable plan for having 20% of the property covered with tree canopy within 10 years of construction.

The Falls Church planning staff at City Hall appeared to waver on the 10 year requirement in internal memos last week, suggesting that state law might limit the City's ability to impose such a rule. However, when Elizabeth Friel came before the Planners Monday, she said that keeping the 10-year rule would hold up to a legal test.

At issue is the wording in a new state law about when a community is "established." The 10-year rule can apply only to those established before 1780. While the first European settlement within the current city limits of Falls Church was built in 1699, the City of Falls Church was not officially incorporated until 1948.

But City Attorney Roy Thorpe has opined that "established" does not mean "incorporated."

If the City were not to qualify under the state proviso, then it could only require the tree coverage within 20 years, not 10, of new construction.