(A) This section seeks to provide incentives to developers to utilize existing vegetation on a development site in meeting the requirements of this subchapter.
(1) Preservation of existing vegetation. Preserving trees can improve the aesthetic quality of the site and improve property values, provide environmental benefits, mitigate the impacts of development on the community, and help minimize opposition to a proposed development. It is recommended that groups of trees be preserved, as well as individual trees. Existing preserved trees and shrubs may be credited towards required buffer trees, street trees, and parking lot trees, in accordance with division (A)(2), below.
(2) Credits and other incentives to preserve vegetation. Preserved trees may be credited at the following rate:
2 - 6 inch caliper tree = 1 tree
7 - 12 inch caliper tree = 2 trees
13 - 18 inch caliper tree = 3 trees
19 - 24 inch caliper tree = 4 trees
25+ inch caliper tree = 5 trees
(B) If the developer chooses to receive credit, preserved vegetation must be in good health and condition. Trees designated to be preserved must be indicated on the site plan and on landscape and grading plans. Protective barriers, if utilized in accordance with division (C), below, must also be shown on the landscape and grading plans. A preserved tree shall be replaced with the total number of trees which were credited to the existing tree if the preserved tree dies within one year of preservation.
(C) Protection of existing trees during construction. The regulations contained in this section shall apply in those circumstances when a developer has elected to protect trees during construction and, thus, after the passage of five years, be excused from the requirement to replace preserved trees.
(1) No grading or other land-disturbing activity can occur on a site with existing trees which are designated to be preserved in order to meet landscaping requirements until protective barriers are installed by the developer and approved by the Land Use Administrator or his or her designee. Trees designated for preservation which are counted toward the landscape requirements must be protected by barriers, while trees designated for preservation which do not count toward the landscape requirements are encouraged to be protected by barriers. The diameter of the preserved trees and the location of protective barriers must be shown on landscape and grading plans with the dimension between the tree trunk and barrier indicated.
(2) (a) Protective barriers shall be placed around the critical root zone of preserved trees that are within 50 feet of any grading or construction activity. The critical root zone is a circle extending around the tree with a one-foot radius for every one-inch of tree diameter. For example, a ten-inch diameter tree would have a barricade surrounding it, erected ten feet away from the trunk. All protective barriers must be maintained throughout the building construction process. Protective barriers shall consist of one or more of the following:
1. A fence which is at least three feet high and constructed in a post and rail configuration, using two-by-four posts and one-by-four rails; or
2. A fence with posts placed no farther than ten feet apart covered with four-foot orange polyethylene laminar safety fencing.
(b) The Land Use Administrator may authorize other protective barriers which meet or exceed the protection offered by the above.
(3) (a) All contractors must be made aware of the areas designated for protection. No disturbance can occur within the tree protection areas including the following:
1. Grading;
2. Filling, unless an aeration system, certified by a registered landscape architect, certified arborist, or North Carolina Agricultural Extension Specialist, is installed to protect the tree from suffocation;
3. Parking;
4. Storage of debris or materials, including topsoil;
5. Disposal of hazardous wastes or concrete washout; and
6. Attaching of nails, ropes, cables, signs, or fencing to any tree designated for preservation.
(b) If any area within the critical root zone will be disturbed for any reason, a registered landscape architect, certified arborist, or North Carolina Agricultural Extension Specialist must recommend measures to minimize any potential impact and certify that the activity will not damage the tree under normal circumstances.
(4) The developer should coordinate with utility providers early in the design process to resolve potential conflicts about the placement of utilities and landscape requirements. Utilities must either be placed outside of the tree protection area or, with Planning Department approval, tunneled at least two feet directly below the tree roots, to minimize root damage.
(5) If silt fencing is required to control sedimentation, the fencing must be placed along the uphill edge of a tree protection zone in order to prevent sediment from accumulating in the critical root zone area.
(D) Trees in public rights-of-way. Trees located in any municipal right-of-way cannot be pruned or removed without permission from the Public Works Department.
(Ord. passed 10-1-07)