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(a) The tree canopy on a development site shall meet the applicable standards according to the site's Resource Management Overlay District, proposed land use, and the amount of tree canopy preservation, as set forth in Tables 7-19.1, 7-19.2 and 7-19.3 below. (Percentages refer to the relation of tree canopy requirement to gross site area in square feet.)
(b) Residential subdivisions and multi-lot commercial developments may group trees in clusters throughout the development rather than meeting the canopy requirements on a lot-by-lot basis.
(c) Trees preserved to satisfy the planting requirements of section 7-11-3 shall be permitted to satisfy the requirements of this section when such trees are existing wholly on the property and not within the public right-of- way.
(d) All trees used to meet requirements must be healthy, non-hazardous and non-invasive.
(e) Areas designated as tree canopy protection areas shall remain as such in perpetuity. Tree removal shall be prohibited in these areas unless otherwise permitted.
(f) Excluded areas: Tree canopy protection areas shall not include any of the following:
(1) Drainage easements;
(2) Cross access easements;
(3) Governmental and utility easements that prohibit trees;
(4) Any easement authorizing tree disturbing activities;
(5) Areas devoted to future transportation (including greenways) and/or stormwater infrastructure.
(g) No structures or improvements are permitted to be installed within designated tree canopy preservation areas.
(h) Encroachment into the critical root zone area is restricted to 20%, protecting 80% of the critical root zone and 100% of the structural root plate. See 7-11-3 Preservation and protection of existing vegetation requirements.
Land Use | Resource Management District | ||
Downtown | Urban | Suburban |
Land Use | Resource Management District | ||
Downtown | Urban | Suburban | |
Residential Subdivision | Class A | Class C | Class C |
Multi-Family & Office | Class A | Class B | Class C |
Institutional, Parks & Recreation Uses | Class A | Class B | Class C |
Commercial | Class A | Class B | Class C |
Industrial | Class A | Class B | Class C |
Table 7-19.2 and 7-19.3 Canopy Requirement Class
Canopy Requirement Class | Existing Tree Canopy Preserved | New Tree Canopy Installation Required | Total Tree Canopy Required |
*Percentages not shown on this table are rounded down to the nearest whole entry.
Canopy Requirement Class | Existing Tree Canopy Preservation Requirement | New Tree Canopy Installation Requirement | Total Tree Canopy Requirement |
Canopy Requirement Class | Existing Tree Canopy Preservation Requirement | New Tree Canopy Installation Requirement | Total Tree Canopy Requirement |
Class C, Sites with 76-100% existing canopy coverage | 15% | 0% | 15% |
12% | 6% | 18% | |
9% | 12% | 21% | |
6% | 18% | 24% | |
3% | 24% | 27% | |
0% | 30% | 30% | |
Class C, Sites with 41-75% existing canopy coverage | 15% | 0% | 15% |
12% | 5% | 17% | |
9% | 10% | 19% | |
6% | 15% | 21% | |
3% | 20% | 23% | |
0% | 25% | 25% | |
Class C, Sites with 0%-40% existing canopy coverage | 15% | 0% | 15% |
12% | 4% | 16% | |
9% | 8% | 17% | |
6% | 12% | 18% | |
3% | 16% | 19% | |
0%** | 20% | 20%** | |
***Percentages not shown on this table are rounded down to the nearest whole entry.
(Ord. No. 4824, § 1h, 9-8-20; Ord. No. 5103, § 1b, 9-24-24)
(a) Any development site greater than two acres in size shall be permitted to determine the area of existing tree canopy coverage to be preserved by ground checking or aerial analysis according to the most recent data provided by the city. Tree canopy calculated by aerial analysis shall be limited to that within the boundary of the subject property. If ground checking is utilized, credit for existing trees intended to be retained may be calculated by the following methods:
(1) Measurement of the trunk of each individual tree (i.e. a tree not grouped with other trees or a part of a forested condition) to determine its diameter at breast height (herein “DBH”) and the credit given for that tree shall be in accordance with Table 7-19.4, below. Heritage trees utilized for credit shall be allowed to count for 200% of the listed canopy value in Table 7-19.4 or measured canopy value; or
(2) The dripline may be plotted on the site plan and tree canopy credit given for the square footage of the area within the dripline as measured using geographic information systems software; or
(3) Measurement of the canopy of each individual tree (i.e. a tree not grouped with other trees or part of forested condition) as illustrated in Figure 7-19.1, “Calculating Tree Canopy Cover.”
(b) For any development site two acres or less in size the area of tree canopy coverage for any group of trees to be retained in order to meet the tree canopy requirements of this Part shall be determined by ground checking. Credit for existing trees intended to be retained may be calculated in either of two ways:
(1) Measurement of the trunk to determine its DBH and the credit given for that tree shall be in accordance with Table 7-19.4, below; or
(2) Measurement of the canopy of each individual tree (i.e. a tree not grouped with other trees or part of forested condition) as illustrated in Figure 7-19.1, “Calculating Tree Canopy Cover.”
(c) Trees planted within one calendar year of the date of development application shall not be included in the calculation of existing tree canopy.
(d) The calculation must be conducted and certified by a forester, land surveyor, civil engineer, landscape architect licensed by the State of North Carolina or Arborist certified by the International Society of Arboriculture.
Table 7-19.4 - Tree Canopy Credit for Preserved Trees
*As found in recommended species list.
**Heritage trees utilized for credit shall be allowed to count for 200% of the listed canopy value in this section.
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Table 7-19.5 - Tree Canopy Credit for Newly Installed Trees
As found in recommended species list
(Ord. No. 4824, § 1h, 9-8-20; Ord. No. 5103, § 1b, 9-24-24)
(a) Tree canopy protection plan.
(1) The tree canopy protection plan shall be drawn on a separate plan sheet in addition to all other required submissions.
(2) The tree canopy protection plan shall show all designated tree canopy protection areas, all heritage trees within the project limits of disturbance, display the boundary of the current critical root zone (herein “CRZ”) of each individual tree or grouping of trees if CRZ overlap is present and shall identify the total site acreage as well as the protected tree canopy percentage. Boundary trees with a critical root zone that encroaches onto the subject property shall be shown and associated tree protection measures shall be employed unless such CRZ conflicts with a building envelope on the development site.
(3) The tree canopy protection plan shall show all trees being utilized for canopy credit on the development site and all fee-in-lieu payment information in tabular form.
a. If ground checking is utilized to calculate the tree canopy area, trees shown on the plan shall be labeled as to their diameter at breast height, average crown width and species.
b. If aerial analysis is utilized to calculate the tree canopy area as measured using geographic information systems software, tree canopy area shall be shown, labeled and described on the plan.
(4) Plans shall display the following required note: Areas designated as tree canopy protection areas shall remain as such in perpetuity. Tree removal shall be prohibited in these areas unless otherwise permitted.
(5) The approved tree canopy protection plan must be recorded with the Buncombe County Register of Deeds as a plat or exhibit attached to a deed.
(6) A copy of the recorded tree canopy protection plan shall be provided to the city prior to the issuance of the certificate of occupancy or certificate of compliance.
(b) All plats for affected properties:
(1) TCPA shall be shown on all subdivision final plats.
(2) Plats shall display the following required note: Areas designated as tree canopy protection areas shall remain as such in perpetuity. Tree removal shall be prohibited in these areas unless otherwise permitted.
(Ord. No. 4824, § 1h, 9-8-20; Ord. No. 5103, § 1b, 9-24-24)
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