A. Purpose and Intent.
1. To recognize the importance of the existing tree canopy and natural features such as native tree groves and stands of hardwood trees;
2. Recognize the importance of existing trees to the visual and natural environments in the City;
3. Protect and retain significant tree masses and specimen trees during and after development;
4. Establish the criteria for removal of a healthy specimen tree;
5. Set out the required mitigation of a healthy specimen tree;
6. Limit excessive pruning or clear-cutting of existing trees and other landscaping on properties including those proposed for development and or redevelopment;
7. Provide a uniform standard for the protection and replacement of trees on all property which require any type of building or zoning permit;
8. Existing trees may be counted toward landscaping and buffer requirements and toward tree preservation standards as stated herein;
9. As communities develop and grow, there is a need for the construction and renovation of buildings, roads, parking lots and other infrastructure; and
10. Tree preservation and tree protection regulations are necessary to protect desirable trees and plants and are a vital part of sustainable community growth.
B. Applicability. This section shall apply to all developers and/or owners of real property involved with new development, redevelopment or improvement, expansions or addition shall comply with the following standards:
1. For improvements, expansions and additions of fifty percent (50%) or less, the standards of this Section shall only apply to the improvement/expanded area.
2. For improvements, expansions and additions of greater than fifty percent (50%), the standards of this Section shall apply to the entire lot.
C. Tree Preservation Standards.
1. It is the intent of this subsection 8.3.8 to preserve deciduous and evergreen trees to the greatest extent possible.
2. Trees at least twenty-five (25) inches in circumference within required buffer and landscaping areas shall be tagged prior to any site clearance and be preserved. At least ten percent (10%) of all existing tress shall be preserved.
3. In any case where an individual deciduous or evergreen in circumference is removed from the buffer as identified in below, it shall be replaced with the corresponding number of trees and diameter(s). The location which shall be determined by the Director.
Tree (inches in circumference) | Number of replacement trees required | Replacement Multiplier |
10" to 25" | 3 or more | 1.25 |
25" or greater | 4 or more | 1.5 |
Example: a 30" tree removed should be the equivalent of 1.5 inch times the diameter of the tree removed, which would require four (4) or more trees totaling a 45" diameter. | ||
4. Trees seventy-five (75) inches in circumference must be preserved and shall not be removed except as identified in subsection f below. Trees seventy-five (75) inches in circumference or greater shall require a replacement equivalent or greater number of tree caliper inches of the tree removed; and the minimum replacement tree size shall be a 3-inch caliper.
5. Consistent with G.S. Ch. 160D, the City can deny approval of site plans, plans or building permits for up to three years if trees are removed that would have otherwise been protected by these (UDO) standards and up to five years if such removal proves to be willful.
6. Reduction in the Minimum Number of Required Parking Spaces. Up to a five percent reduction in the number of off-street parking spaces required on a development site shall be allowed if the reduction in the amount of required pavement will preserve the root zones of existing healthy specimen trees. The amount of reduction can be determined only after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use, and must be agreed upon by both the applicant and the Director. Alternative paving materials may be required in cases where required parking areas encroach upon critical root zones.
D. Pre-Application Meeting (Optional).
1. Prior to plan development and submittal, the applicant is recommended to meet with the City and provide the City with a graphic depiction on an aerial map illustrating the existing tree canopy and potential areas for preservation of existing healthy trees with good form. Knowing the location and size of significant trees on the development site facilitates a common understanding of what options and incentives are available to preserve trees and improve the appearance of the proposed development while meeting the development goals of the applicant.
2. The applicant shall also provide information on the location and species of any trees having a DBH of ten (10) to twenty-five (25) inches in circumference.
3. Trees meeting the standards in B above should be identified on a plan and discussed during the Pre-Application meeting along with potential opportunities for tree preservation. Tree preservation is to be determined in conjunction with the City’s input.
4. Once determined, the applicant shall indicate the location of the tree protection zones on the development plans. Tree protection areas based on the trees’ critical root zones shall be noted and drawn to scale on demolition, grading and erosion control, and landscaping plans. The general type, size and nature of the existing trees to be saved and credited toward landscaping requirements shall be included as a table, as well as being graphically illustrated.
5. Tree save areas must be described by metes and bounds on the recorded plat, individual recorded deeds, and all property association documents for land held in common.
E. Coordination with Other Plans.
1. Coordination with Stormwater Requirements. When required stormwater management facilities are enhanced as a site amenity they may qualify as a portion of the required open space. Determination of credit shall be at the discretion of the Director in accordance with the provisions of the UDO.
2. Coordination with Site Lighting. Coordination is required so that site lighting is located an appropriate distance from trees to minimize future conflict.
F. Critical Root Zone. Critical to the tree’s survival is protection of the critical root zone. The critical root zone is the minimum area beneath a tree that must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The critical root zone is generally 18 to 24 inches deep and typically represented by a concentric circle centering on the tree trunk with a radius of at least one foot for every inch of trunk diameter taken at four and one-half feet above grade (DBH). Approximately 50 percent of a tree’s root system is in the top 12 inches of soil with 90-95 percent of the root system within the top three feet. For example, a ten-inch diameter tree requires a protective barrier with a minimum ten-foot radius. Proposed buildings shall not be located within ten feet of the critical root zone of any existing tree proposed to be preserved (see Figure 8.3.8.
G. Tree Removal Permits. No Tree Removal Permit shall be granted where the Applicant has failed to implement the principles of avoidance and then minimization of adverse impacts to Trees. Applications, applicants, property owners or similar removing trees in violation of this section shall be subject to the standards of Section 8.3.8.B.5.
1. No Tree Removal Permit shall be granted unless the development application or proposed activity is consistent with the permitted use of the property under the UDO, as may be amended.
2. Failure to obtain a Permit prior to tree removal, or to abide by its conditions, including damage to any tree in a tree save area, or damage to any tree in a tree protection zone established as part of an approved plan and or permit is a violation of this UDO and subject to the remedies and penalties in this UDO and or applicable City ordinances. In addition, trees damaged or unlawfully removed shall be replaced with one or more replacement trees consistent with Subsection B.5 above. The replacement trees shall be replanted within 12 months of the notice.
3. Exemptions. The following activities are exempt from the requirements of obtaining a Tree Removal Permit:
i. Trees pose a safety hazard to people, buildings, structures, vehicles or other improvements.
ii. The City-initiated or approved removal of any vegetation which is in an unsafe condition, constitutes a nuisance or noxious weed, or which by its nature is injurious to sanitary sewers, electrical power lines, gas lines, water lines, stream or conveyance channels, or other public improvements, or vegetation which is infected with any injurious fungus, insect, or other pest.
iii. One and two single-family residential dwellings including existing developed lots.
iv. Normal forestry activities taking place on property which is taxed under the present-use value standard or conducted pursuant to a forestry management plan prepared or approved by a forester registered pursuant to Chapter 89B of the North Carolina General Statutes.
v. The removal of vegetation on property located within an approved residential subdivision which is zoned for single-family use, and provided such vegetation is not a portion of a required streetscape or other landscaping buffer.
vi. If the Applicant can clearly demonstrate to the satisfaction of the Director during permit review, or the Council on appeal, respectively, that setting aside the space necessary to protect a said tree(s) would unreasonably prevent the development of a lot or parcel of land.
vii. Except as otherwise preempted by applicable state standards, State or local regulations require fill to the extent that Trees cannot be saved and the required elevations are certified by the project engineer; or
viii. Trees are diseased or are weakened by age, storm, fire, or other injury, or as a result of suppression by other Trees or vines, or site conditions, to the extent that they have lost most of their function and value, or pose a danger to Persons, property, utilities, sidewalks, streets, sewers, other facilities, improvements or other Trees, if so determined by the Director, or by the Council on appeal, respectively. No permit shall be granted for the removal of any Tree if the hazard can be abated by any other reasonable means.
ix. No permit shall be granted for the removal of any Tree if the hazard can be abated by any other reasonable means.
4. Dead Trees. If a Tree dies after a Tree Removal Permit has been issued and prior to the issuance of a certificate of occupancy or certificate of completion, the Applicant shall notify the Director and request an inspection, prior to the removal of the dead Tree(s). An inspection by City staff will be made within a reasonable time frame upon notification by the Applicant. Failure to notify the Director prior to the removal of any dead Tree constitutes a violation of this article. If the Tree death can be attributed to anthropogenic (man-caused) activities, as determined by the Director, Tree mitigation shall be required.
5. Final Inspections. All Tree Removal Permits will require, as a general condition, a final inspection to ensure compliance with the provisions of this article. Final inspections shall be scheduled by the Applicant after the final grade is complete. Final inspections will be completed by staff within a reasonable timeframe upon notification by the Applicant.
H. Preservation Plan. A tree preservation plan shall be required as part of any landscaping plan submitted to the Department of Planning and Development and meet the following standards:
1. The plan must show there will be no disturbance within a preserved tree’s critical root zone.
2. A preserved tree’s critical root zone shall be protected from encroachment and damage.
3. The preferred method is to restrict access by installing a barrier to keep materials, people, or equipment out of the critical root zone.
4. Barriers shall be accompanied by temporary signs labeling the critical root zone.
5. The critical root zone area shall remain free of all building materials and debris.
I. Additional Remedies, Violations and Penalties. Failure to comply with the provisions of Section 8.3.8 shall constitute a violation of this Ordinance, and shall subject an offending party to a series of actions, including the payment of fines, delay in development plan approval or building permit issuance, and the requirement to double the amount of required vegetation as would typically be required during the development plan review and approval process.
1. Table 8.3.8 C: Penalties for Non-Compliance below describes the penalties for non-compliance with this section. An “X” in a particular cell indicates the associated penalty which applies:
Type of Violation | Payment of Fines | Tree Replacement Requirements (Table 8.3.8.B and Table 8.3.8.D) | Three to five year delay in approval of building permit or development approval |
Property is exempt from Tree Removal Permit requirements, but all or substantially all** vegetation within required buffers and/or vegetation protection is removed | X | X | |
Property obtains a Tree Removal Permit, but removes some of the vegetation within a required buffer and/or tree protection area. | X | X | |
Property is not exempt from Tree Removal Permit requirements; but property owner obtains no permit, and removes some of the vegetation within a required buffer and/or tree protection area. | X | X | |
Property is not exempt from Tree Removal Permit requirements; but property owner obtains no permit, and removes all or substantially all* of the vegetation of a required buffer and/or tree protection area. | X | X | X |
*”all or substantially all” shall mean seventy-five (75) percent or more of the existing trees with a caliper or four (4) inches or greater. | |||
2. Table 8.3.8.D: Baseline Replanting Requirements per 2,000 square feet of Disturbed Area.
Plant Type | Number | Minimum Caliper | Container Size | Minimum Height | |
Plant Type | Number | Minimum Caliper | Container Size | Minimum Height | |
Trees | Canopy | 2 | 2" | 8' | |
Understory | 2 | 2" | 8' | ||
Evergreen* | 6 | 2" | 8' | ||
Shrubs | Evergreen | 7 | 2" | 18" | |
Deciduous | 8 | 18" | |||
Groundcover Plants | 22 | 1 gal. | |||
*Where an opaque performance standard is required, evergreen trees shall provide foliage from ground level up, and shall be planted in staggered double rows. | |||||
3. Fines. Shall be imposed concurrently, and in addition to replanting requirements of Table 8.3.8 B and D as provided below:
i. A fine of two thousand dollars ($2,000) shall be imposed for any unauthorized disturbance, excluding excessive pruning, within the boundaries of a tree protection zone.
ii. A fine of four dollars ($4.00) shall be imposed for every square foot of area disturbed or from which vegetation was removed or damaged within a required landscape area.
iii. Where it is determined in accordance to with Section 8.3.8 tables 8.3.8 8 and 8.3.8 D that the required caliper inches cannot be accommodated on site with replacement vegetation, then a fine shall be imposed in the amount of one hundred dollars ($100) per caliper inch that is not replaced.