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Tree Canopy, Street Trees, and Community Green Space Standards for Multifamily and Mixed-Use Development
For the purpose of establishing minimum tree canopy coverage standards for certain multifamily and mixed-use development; defining terms; requiring the planting of street trees along public street frontages; establishing credits for the preservation of existing trees and for the establishment of pocket forests and community green space; providing for off-site planting and payment of a fee-in-lieu where on-site compliance is impracticable; providing for maintenance, waiver, and enforcement through existing provisions of Chapter 17.09; and generally relating to tree protection and landscaping under Title 17 of the Code of the City of Annapolis.
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City Council of the
City of Annapolis
Ordinance 20-26
Introduced by: Alderman Savidge
Co-sponsored by:
Referred to: Economic Matters Committee
AN ORDINANCE concerning
Tree Canopy, Street Trees, and Community Green Space Standards
for Multifamily and Mixed-Use Development
FOR the purpose of establishing minimum tree canopy coverage standards for certain multifamily and mixed-use development; defining terms; requiring the planting of street trees along public street frontages; establishing credits for the preservation of existing trees and for the establishment of pocket forests and community green space; providing for off-site planting and payment of a fee-in-lieu where on-site compliance is impracticable; providing for maintenance, waiver, and enforcement through existing provisions of Chapter 17.09; and generally relating to tree protection and landscaping under Title 17 of the Code of the City of Annapolis.
BY reenacting with amendments the Code of the City of Annapolis, 2026 Edition, the following:
• Section 17.04.162 (Community green space)
• Section 17.04.032 (Effective tree canopy)
• Section 17.04.652 (Pocket forest)
• Section 17.09.080 (Tree canopy standards for multifamily and mixed-use development)
WHEREAS, The Annapolis Ahead 2040 Comprehensive Plan establishes the goal to increase the City's tree canopy to 50% of its total land area by 2050, and finds that current canopy coverage of approximately 42% is below that goal, with tree loss outpacing new planting and tree preservation--Ch. 9, Goal ES2, Performance Measure 2 (adopted July 8, 2024); and
WHEREAS, The City's 2024 urban tree canopy assessment found that overall canopy levels have remained essentially flat since 2011 - with a net gain of only two acres over twelve years - that 790 acres of plantable space remain available citywide, and that only 7% of the City's canopy shades impervious surfaces--City of Annapolis Urban Tree Canopy Assessment (PlanIT Geo, 2024); and
WHEREAS, Annapolis' urban forest currently provides an estimated 23 million gallons of avoided stormwater runoff and removes approximately 161,185 pounds of air pollutants annually, and in areas of high impervious cover, temperatures can be 10 or more degrees warmer than in vegetated areas-- Technical Study on Changes in Forest Cover and Tree Canopy in Maryland (Chesapeake Conservancy et al., Nov. 2022); and
WHEREAS, It is the State of Maryland’s policy to increase the acreage of land covered by forested land and tree canopy, and in keeping with that policy, the City of Annapolis has regulated tree protection and landscaping in connection with permitted construction under Chapter 17.09 since 1988 (O-40-88); and
WHEREAS, The City Council finds that minimum tree canopy, street tree, and community green space standards for multifamily and mixed-use development will advance the City's adopted tree canopy goal and the policy of the State to increase the acreage of land covered by tree canopy; Now, therefore:
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:
City Code Title 17 - BUILDINGS AND CONSTRUCTION
Chapter 17.04 - Definitions
Section 17.04.162 - Community green space
“Community green space” means a contiguous landscaped open area of at least 1,000 square feet that includes effective tree canopy, is accessible to the residents of the development, and is designed for passive recreation or gathering.
Section 17.04.032 - Effective tree canopy.
“Effective tree canopy” means the projected horizontal area of tree crown coverage at 20 years after planting, determined using species-specific projections in the City's recommended tree list or, where the list does not provide a projection, as determined by the Department of Planning and Zoning in consultation with the City Forester. For preserved trees, the effective tree canopy is the existing crown area.
Section 17.04.652 - Pocket forest.
“Pocket forest” means a contiguous planting area of at least 1,500 square feet, planted predominantly with native trees and shrubs at high density in accordance with standards established by the City Forester, designed to develop a layered canopy, understory, and ground cover.
Chapter 17.09 - Trees in Development Areas
Section 17.09.080 Critical AreaTree canopy standards for multifamily and mixed-use development.
A. Purpose. The purpose of this section is to ensure that higher-density residential development contributes tree canopy, street trees, and usable community green space in support of the City's adopted tree canopy goal and the policy of the State of Maryland to increase the acreage of land covered by tree canopy.
B. Applicability.
1. This section applies to any application for a building or grading permit for development that includes 10 or more dwelling units in one or more multifamily or mixed-use structures.
2. The requirements of this section apply independently of, and in addition to, any requirement of Chapter 21.71, and apply without regard to the applicability of Chapter 21.71 to the development.
3. This section does not apply to the renovation or alteration of an existing structure that does not expand the building footprint or increase impervious surface.
C. Tree Canopy Standard. A development subject to this section shall provide and maintain an effective tree canopy equal to at least 25% of the net lot area.
D. Credits. The following credits apply toward the standard in Subsection C (above):
1. Existing trees preserved on site, including their critical root zones, shall be credited at 125% of their existing crown area;
2. Effective tree canopy provided within a pocket forest or community green space shall be credited at 125%;
3. Street trees planted in accordance with Subsection F shall be credited at 100% of their effective tree canopy; and
4. For development subject to this chapter, a tree canopy established on the site pursuant to an approved forest conservation plan shall be credited toward the standard in Subsection C, and nothing in this section shall be construed to require duplicative planting.
E. Street Trees. Street trees shall be planted along all public street frontages of the development at an average spacing of not more than 40 linear feet, consistent with the master street tree plan under Chapter 14.12, the City's recommended tree list, and standards established by the City Forester. The Department of Planning and Zoning may adjust spacing and placement to accommodate utilities, sight distance, accessibility requirements, and site conditions.
F. On-Site Priority; Off-Site Planting; Fee-in-Lieu.
1. The standard in Subsection C shall be met on site to the maximum extent practicable.
2. If the Department of Planning and Zoning determines that full on-site compliance is impracticable, the remaining obligation shall be met by off-site planting within the City at locations approved by the Department; or
3. Where off-site planting is also impracticable, the remaining obligation shall be met by payment of a fee-in-lieu in accordance with § 17.09.070(C).
G. Maintenance. Plantings required by this section are subject to the landscape standards, bonding, and inspection provisions of §§ 17.09.100 and 17.09.120, and to a five-year establishment period during which failed plantings shall be replaced by the owner.
H. Waiver or Modification. The requirements of this section may be waived or modified only in accordance with § 17.09.130.
I. Conflict. Where this section and any other provision of this Code or State law both apply, the more protective provision shall control.
SECTION II: AND BE IT FINALLY ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect upon passage.