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Sec. 7-19-2. Tree canopy preservation requirements.
(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.
Table 7-19.1 - Tree Canopy Requirement Classification
Land Use
Resource Management District
Downtown
Urban
Suburban
Table 7-19.1 - Tree Canopy Requirement Classification
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
Table 7-19.2 - Class Based Canopy Requirement, Classes A & B*
Canopy Requirement Class
Existing Tree Canopy Preserved
New Tree Canopy Installation Required
Total Tree Canopy Required
Table 7-19.2 - Class Based Canopy Requirement, Classes A & B*
Canopy Requirement Class
Existing Tree Canopy Preserved
New Tree Canopy Installation Required
Total Tree Canopy Required
Class A
5%
0%
5%
4%
2%
6%
3%
4%
7%
2%
6%
8%
1%
8%
9%
0%
10%
10%
Class B
10%
0%
10%
8%
3%
11%
6%
6%
12%
4%
9%
13%
2%
12%
14%
0%
15%
15%
*Percentages not shown on this table are rounded down to the nearest whole entry.
Table 7-19.3 - Class Based Canopy Requirement, Class C***
Canopy Requirement Class
Existing Tree Canopy Preservation Requirement
New Tree Canopy Installation Requirement
Total Tree Canopy Requirement
Table 7-19.3 - Class Based Canopy Requirement, Class C***
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)
Sec. 7-19-3. Calculation of tree canopy area.
(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
Table 7-19.4 - Tree Canopy Credit for Preserved Trees
DBH
Size Classification*
Canopy Credit
Table 7-19.4 - Tree Canopy Credit for Preserved Trees
DBH
Size Classification*
Canopy Credit
Over 10 inches**
Large
1,600 sq ft
 
Medium
900 sq ft
 
Small 400 sq ft
 
3 inches to 9 inches
Large
960 sq ft
 
Medium
576 sq ft
 
Small
142 sq ft
1 ¾ inches to less than 3 inches
Large
720 sq ft
 
Medium
432 sq ft
 
Small
106 sq ft
*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.
Figure 7-19.1, Calculating Tree Canopy Cover
Table 7-19.5 - Tree Canopy Credit for Newly Installed Trees
 
Table 7-19.5 - Tree Canopy Credit for Newly Installed Trees
Size Classification*
Canopy Credit
Large
560 sq ft
Medium
315 sq ft
Small
140 sq ft
 
As found in recommended species list
(Ord. No. 4824, § 1h, 9-8-20; Ord. No. 5103, § 1b, 9-24-24)
Sec. 7-19-4. Documentation and plan review.
(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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