120506 Adams OutdoorAdams Outdoor Advertising
Vegetation Control Permit
Application
Adams has applied for a “vegetation
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control permit”to remove 21 Crepe
Myrtle trees from the south side of the
Virginia Beach Boulevard right of way
between Rosemont Road and
LynnshoresDrive.
It has also submitted a landscaping plan
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providing for the replacement of the
trees, their relocation, and additional
landscaping (details discussed below).
The application, and others like it, are authorized
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under amendments made by the 2006 General
Assembly.
Prior to 2006, such applications were allowed only
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for signs viewable from the main traveled way of:
Interstates;
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National Highway System Highways; and
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Federal-Aid Primary Highways (as of June 1, 1991)
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The 2006 legislation ended this distinction, and now
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ALL roadways within the City are subject to the
vegetation control permit program
Statutory Provisions/Procedure
VDOT has delegated the authority to administer
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vegetation control permit program to City (as
required by Va. Code).
Resolution will be on 12/12/06 agenda for City to
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accept the delegation of authority.
City must act within 60 days or application is
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deemed approved.
Application was filed on Nov.1 (since there is no
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Council meeting after 12/12, the last date on
which Council may act is 12/12/06).
If part of a “local beautification project,”City
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may impose conditions consistent with the
applicable statute and regulations. These
would include:
-relocation/replacement of plant
materials;
-manner of pruning (not applicable here);
-qualifications of tree workers
The statute is silent as to whether the City may deny a
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permit. However, the City may appeal to VDOT if it is
not satisfied that the landscaping plan submitted by
the applicant meets the requirements of the statute
and regulations. Either way, the matter would be
decided by VDOT. Grounds for denial/appeal could
be in theory:
The trees/other vegetation do not in fact obscure the visibility
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of the signs (which is the basic premise of the statute);
Inadequate replacement/relocation of vegetation
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Where trunk base diameter is 6”or greater (per regulations,
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all cutting is limited to trees with trunk base diameter of 6”or
less)
Since Crepe Myrtles are multi-trunkedtrees, VDOT uses
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the measurement of each individual trunk
Appeals may be taken to VDOT as follows:
1.By the locality if it is not satisfied that the
landscaping Plan submitted by the
applicant meets the requirements of the
statute and regulations; and
2.By the applicant if it objects to the
conditions imposed by the locality
The statute states that a determination
by VDOT on appeal “shall be binding
upon the applicant and the locality.”
Since the program began in 1991, VDOT has
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informally applied a 6 -second rule as the
benchmark for whether a sign in obscured (signs
must be unobscuredfor 6 seconds as vehicles pass
by). This applies to all roadways, irrespective of
speed limit.
Per VDOT, the Crepe Myrtles meet the standards for
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obscuring all three billboards (there is 2.4 sec. to 4.2
sec. visibility, depending on the billboard and
direction of travel).
Photographs follow:
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The 21 Crepe Myrtles to be moved would be
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replaced by 51 “tree-formed Ligustrum
japonica”trees.
17 clusters of 3
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40 feet on center apart
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Canopy approx. 3-4’in width; maintained at 6’
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by Adams
Simulated Photograph
In addition, Adams would beautify the
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base of the three billboard structures
by planting “Nerium Oleander Petite
Pink”shrubs around each base.
Upon maturity, the Oleanders will
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cover the view of the poles
supporting the billboards.
Oleander
Oleander
Simulated Photograph