SHADING

Batesville Code of Ordinances pt. App. A, art. IX, div. 2

in effect

Batesville Code of Ordinances, App. A, art. IX, div. 2, § 931 Council findings and declaration of policy on shade trees.

Sec. 931. - Council findings and declaration of policy on shade trees. (a) The city finds that: (1) Trees are proven producers of oxygen, a necessary element for human survival; (2) Trees appreciably reduce the ever increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air we breathe; (3) Trees transpire considerable amounts of water each day and thereby purify the air much like the air washer devices used on commercial air conditioning systems; (4) Trees have an important role in neutralizing wastewater passing through the ground from the surface to groundwater tables and lower aquifers; (5) Trees, through their root system stabilize the groundwater tables and play an important and effective part in soil conservation, erosion control, and flood control; (6) Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas; and (7) For the reasons indicated in subsection (6), trees have an important impact on the desirability of land and therefore on property values. (b) Based upon the findings set forth, the city declares that it is not only desirable but essential to the health, safety and welfare of all persons living or working within the city's planning jurisdiction to protect certain existing trees and, under the circumstances set forth in this article, to require the planting of new trees in certain types of developments. (Ord. No. 2010-09-743, 9-7-10)

Batesville Code of Ordinances, App. A, art. IX, div. 2, § 932 Required trees along dedicated streets.

Sec. 932. - Required trees along dedicated streets. Along both sides of all newly created streets that are constructed in accordance with the public street standards set forth in subdivision regulations for the city, the developer shall either plant or retain sufficient trees so that between the paved portion of the street and a line running parallel to and fifty (50) feet from the centerline of the street, there is for every thirty (30) feet of street frontage at least an average of one (1) deciduous tree that has or will have when fully mature a trunk at least twelve (12) inches in diameter. When trees are planted by the developer pursuant to this section, the developer shall choose trees that meet the standards set forth in appendix B. (Ord. No. 2010-09-743, 9-7-10)

Batesville Code of Ordinances, App. A, art. IX, div. 2, § 933 Retention and protection of large trees.

Sec. 933. - Retention and protection of large trees. (a) Every development shall retain all existing trees eighteen (18) inches in diameter or more unless the retention of such trees would unreasonably burden the development. (b) No excavation or other subsurface disturbance may be undertaken within the drip line of any tree eighteen (18) inches in diameter or more, and no impervious surface (including, but not limited to, paving or buildings) may be located within twelve and one-half (12½) feet (measured from the center of the trunk) of any tree eighteen (18) inches in diameter or more unless compliance with this subsection would unreasonably burden the development. For purposes of this subsection, a drip line is defined as a perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground. (c) The retention or protection of trees eighteen (18) inches in diameter or more as provided unreasonably burdens a development to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer. (d) If space that would otherwise be devoted to parking cannot be so used because of the requirements of this subsection, and, as a result, the parking requirements set forth cannot be satisfied, the number of required spaces may be reduced by the number of spaces "lost" because of the provisions of this section, up to a maximum of fifteen (15) percent of the required spaces. (Ord. No. 2010-09-743, 9-7-10)

Batesville Code of Ordinances, App. A, art. IX, div. 2, § 934 Shade trees in parking areas.

Sec. 934. - Shade trees in parking areas. (a) Vehicle accommodation areas that are required to be paved must be shaded by deciduous trees (either retained or planted by the developer) that have or will have when fully mature a trunk at least twelve (12) inches in diameter. When trees are planted by the developer to satisfy the requirements of this subsection, the developer shall choose trees that meet the standards set forth in appendix B. (b) Each tree of the type described shall be presumed to shade a circular area having a radius of fifteen (15) feet with the trunk of the tree as the center, and there must be sufficient trees so that, using this standard, twenty (20) percent of the vehicle accommodation area will be shaded. (c) No paving may be placed within twelve and one-half (12½) feet (measured from the center of the trunk) of any tree retained to comply with this subsection and new trees planted to comply with this subsection shall be located so that they are surrounded by at least two hundred (200) square feet of unpaved area. (e) Vehicle accommodation areas shall be laid out and detailed to prevent vehicles from striking trees. Vehicles will be presumed to have a body overhang of three (3) feet, six (6) inches. (Ord. No. 2010-09-743, 9-7-10)

Source: City of Batesville, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/batesville/codes/code_of_ordinances?nodeId=APXAZO_ARTIXSCTR_DIV2SHFetched: 10/31/2026