(A) Purpose. The regulations of this chapter are intended to reduce tree canopy loss and implement urban forest improvements through requirements for tree protection, tree preservation, and planting or replanting of trees, and the maintenance of existing trees within the village. The tree preservation requirements are intended to enhance the quality of life through sustainable urban forest practices and increase benefits that trees provide, including, but not limited to the following:
(1) Absorption of carbon dioxide and returning oxygen;
(2) Reduction of soil erosion and the increase of rainwater infiltration;
(3) Provision of shade for cooling;
(4) Screening of noise, dust, and glare;
(5) Improvement of storm water runoff;
(6) Maintenance and improvement of the village appearance and aesthetics;
(7) Provision of habitat for wildlife; and
(8) Preservation, protection, and enhancement of the natural environment.
(B) Applicability. The provisions of this chapter shall apply to all multi-family developments and residential planned unit developments.
(C) Exemptions. The requirements of this chapter do not apply to any of the following:
(1) Existing or single-family detached dwellings or two-family dwellings on individual owned lots;
(2) Forestry activity on farmland that is taxed on the basis of its present-use value as forestland under G.S. Ch. 105 Art. 12; and
(3) Activity that is conducted in accordance with a forest management plan that is prepared or approved by a forester registered in accordance with G.S. Ch. 89B.
(D) Tree preservation and protection requirements.
(1) General rules/objectives. A tree protection plan and a tree inventory are required. The inventory is intended to serve as the basis for formulating a tree protection plan. In delineating areas to protect, the following general objectives apply.
(a) The protection of tree stands, rather than individual trees, is strongly encouraged. Where a project saves a stand of trees and is subject to the tree save area requirements of this chapter, a 110% of the canopy area shall count toward the required tree save area requirements.
(b) The protection of large heritage trees is a priority.
(c) Quality natural areas, free of exotic invasive species,(see § 151.009) should be the focus of tree preservation and tree save areas whenever possible.
(d) If an area proposed for tree preservation or as a tree save area contains exotic invasive species at the time of such proposal, such species must be removed prior to development in order to promote the growth of large, healthier trees. The removal of invasive species will be required prior to issuance of a certificate of compliance for the development.
(e) The decision of which trees to preserve as shown on the tree inventory shall be made jointly by the Zoning Administrator, the Board of Adjustment, and the developer during the project approval process.
(2) Tree save area requirements. All developments subject to the requirements of this chapter must designate tree save areas on site plans in an amount consistent with this section. Generally, tree save areas should preserve and protect existing trees, but such areas may also designate tree planting areas consistent with this section. The requirements for protecting existing tree canopy or protecting existing canopy and establishing new canopy will be consistent with Table 1 below. These requirements apply to the entire property.
(3) Table 1: Requirements for protecting existing tree canopy and creating new tree canopy.
Land Use Classification | Standard for Saving Existing Tree Canopy | Standard for Sites Lacking Existing Canopy |
R-1, R-2, R-3, R-4 | Where the existing tree canopy is at least 20% of the property area, a tree save area equal to at least 20% of the property must be protected | Where the existing tree canopy is less than 20% of the property area, a tree save area equal to 20% of the property must be achieved by saving all existing tree canopy and planting new trees consistent with division (B) above |
M-U District | Where the existing tree canopy is at least 20% of the property area, a tree save area equal to at least 20% of the property area must be protected. | Where the existing tree canopy is less than 20% of the property area, a tree save area equal to 20% of the property must be achieved by saving all existing tree canopy and planting new trees consistent with division (B) above |
(a) Method of calculation. The total property area will be calculated by taking the square footage for the entire site and subtracting the square footage for existing or dedicated road rights-of-way, utility easements, and any area covered by existing ponds or lakes. The property designated as a tree save area must be equal to 20% of the property after right-of-way easements and ponds and lakes are subtracted consistent with the requirements of Table 1.
(b) Method of designating tree save areas. A tree save area shall be considered the combined areas of the tree protection zone and the critical root protection zone. The critical root and tree protection zones will be measured as a radial distance from the tree trunk and will be the equivalent to the greater area of the drip line, a minimum of six feet from the trunk, or a distance of one and one-half feet for every inch of trunk diameter as measured at breast height. If root disturbance or construction activities occur within the drip line of any tree designated as protected, only the area actually being protected will be included in the tree save area.
(c) Limitations on the removal of existing tree canopy. If existent canopy must remain to satisfy the standard in Table 1, then it may be removed only if:
1. The existing trees are located on a project’s future right-of-way, within the outline of the building envelope, or within the project’s required parking area. Preservation of existing trees is not intended to prevent development of property or otherwise unreasonably restrict the use of the property;
2. The existing trees pose a threat to property or public safety because the trees are diseased, in danger of falling, or otherwise present a hazard to other vegetation or surrounding properties;
3. The existing trees that are removed under this section are replaced with new trees consistent with the requirements of Table 1 above;
4. For major projects (projects involving more than six units and two acres), tree removal shall be phased, or completed in one acre increments, excluding driveways or utility easements. Relief from this requirement will require submission of the following documentation:
a. Justification/documentation from the engineer/architect as to why phased clearing is not feasible;
b. Certification that removal of said trees would not jeopardize meeting the tree preservation requirements for subsequent phases; and
c. Certification from the owner/engineer or architect that the trees proposed for removal represent the minimal number necessary to complete the project.
5. Credit for newly planted trees. The area devoted to newly planted trees may be counted as part of the tree save area. The land devoted to the save areas that is represented by newly planted trees will be calculated on the basis of the following credits for new trees. A planted large maturing tree shall be counted as equivalent to 1,600 square feet of canopy; a medium maturing tree shall be counted as the equivalent of 900 square feet of canopy; and a small maturing tree shall be counted as the equivalent of 400 square feet of canopy.
(E) Heritage tree protection. To the maximum extent feasible, heritage trees located on any site subject to tree preservation requirements of this section must be preserved. Where a project saves heritage trees and is subject to the canopy tree requirements of this section, 150% of the heritage tree canopy area shall count toward the required canopy tree requirements. A person proposing to remove a heritage tree must identify the tree removal on the site plan. Anyone who removes a heritage tree without plan approval is subject to one or more of the civil penalties in § 10.99. Plans representing the removal of heritage trees will be granted only where:
(1) The tree is located within that portion of the lot where buildings or improvements are permitted. The applicant should demonstrate that there is no other reasonable location for the building or improvements, and that preservation would unreasonably restrict use of the property;
(2) The tree is diseased, dying or dead, or causes a safety hazard to nearby buildings or pedestrian or vehicular traffic;
(3) The tree could potentially cause significant structural damage to a building or other structure;
(4) The tree could potentially drop debris or sap that could significantly affect vehicles in proposed parking areas;
(5) Removal is necessary to allow construction of a road or drive that is essential for access to the site;
(6) A joint agreement regarding the replacement of any removed heritage trees has been made by the Zoning Administrator, Planning Board, and/or Board of Adjustment during the project approval process; and
(7) Where removal of healthy heritage trees is approved as part of an approved site plan, new trees will be planted according to the following.
Tree Removed | Tree Replaced
|
12” caliper to less than 18” tree | Three 2.5” caliper trees |
18” caliper to 24” tree | Four 2.5” caliper trees |
+24” caliper tree | Five 2.5” caliper trees |
(F) Canopy tree planting requirements.
(1) All developments subject to the tree save area requirements that cannot save the required amount of canopy through the preservation of existing trees, will be required to meet the canopy requirement through the planting of new canopy trees consistent with this section. The area of newly planted canopy trees will be calculated on the canopy at maturity (i.e., 1,600 square feet for large maturing trees; 900 square feet for medium maturing trees; and 400 square feet for small maturing trees). The minimum canopy tree cover shall be 20% of the property area.
(2) All tree canopy cover requirements may be met through the preservation of existing trees and/or the planting of trees.
(G) Maintenance, tree protection, and planting standards.
(1) Maintenance of trees.
(a) All property owners subject to this section shall be responsible for the maintenance of existing trees to be preserved and new plantings.
(b) All tree plantings required by or installed pursuant to the tree planting plan approved under this section shall be maintained in good condition so as to present a healthy, neat, and orderly appearance.
(c) All required tree plantings shall be kept free from refuse, debris, and dead, diseased, or severely damaged plants or vegetation.
(d) All dead or unhealthy trees shall be removed or replaced within 180 days.
(e) All existing and proposed trees used to comply with this section shall not be sheared, topped, or disfigured by improper pruning. Trees shall be allowed to grow to their natural height and form.
(2) Tree protection standards.
(a) Existing trees must be protected during construction. To receive credit for the protection of existing trees, trees must be protected from direct or indirect root damage and trunk and crown disturbance.
(b) The tree protection zones and tree save areas shall remain open and unpaved.
(c) Construction site activities such as parking, material storage, dirt stockpiling, concrete washout, and other similar activities shall be prohibited within the tree save and tree protection zone.
(d) Changes that significantly raise the grade of soil adjacent to the tree save area or tree protection zone are prohibited.
(e) If an underground utility must cross the drip line area, the contractor must tunnel or auger underneath major roots of the tress without cutting them. Permission may be granted for auguring of one-third distance of the drip line to the trunk of the tree only if there is no other feasible way. Depth of auguring shall be a minimum of two feet.
(f) Protective fencing shall be installed around the tree save area or tree protected zone of preserved trees prior to any land disturbing activities. Fencing shall remain in place until construction is complete and other planting requirements have been installed and the Zoning Administrator has given approval for removal.
(g) All tree save areas shall be designated as such with “Tree Save Area” signs posted visibly on the outside of the fenced in area. Signs may not be posted on the trees, within public rights-of-way, or site triangles.
(3) Tree planting standards. All trees planted to meet the requirements of this chapter shall be selected from the approved tree list (see § 151.076) and have a caliper of a minimum of one and one-half inches at breast height (that is, four feet ground level), and meet the following requirements:
(a) All trees planted to meet the provisions of this chapter shall be at least eight feet in height above ground level and at least two and one-half inches in caliper at the time of installation.
(b) All prepared planting holes shall be a minimum of 18 inches in depth.
(c) All new planting materials shall be of good quality, installed in a manner to meet the standards set forth in the American Standard for Nursery Stock by the American Association of Nurserymen.
(d) All tree plantings shall be required to provide a mix of species.
(e) Installation and construction practices shall be utilized which preserve existing topsoil or amend the soil to reduce compaction.
(f) All trees shall be properly guyed or staked (where required due to grade changes, steep slopes, creek embankments, or human-made hazards), fertilized and mulched (three- to four-inch layer).
(g) Where large canopy trees are required and overhead utility lines exist, two small canopy trees may be substituted and planted no closer than 25 feet to adjoining trees.
(H) Administration and procedures.
(1) The Zoning Administrator shall have the power and authority to administer and enforce this chapter. The Zoning Administrator or designee may serve notice to any person in violation of this chapter and/or institute legal proceedings as may be required, and the Village Attorney is hereby authorized to institute appropriate proceedings to that end.
(2) The Planning Board and the Board of Adjustment will have the power and authority to the following:
(a) Review and recommend revisions to the tree preservation standards;
(b) Review and approve tree preservation plans of residential planned unit developments (RPUD) and multi-family projects containing more than four units;
(c) Review and approve alternative methods of compliance with the tree protection and tree planting requirements for RPUDs and multi-family projects containing more than four units; and
(d) Provide community outreach and public education.
(I) Required submittals for tree protection preservation and planting plan.
(1) Tree inventory. A tree inventory shall serve as the foundation for all decisions concerning site planning and layout of new development. The inventory will provide the village and applicant with a resource for planning landscaping and aesthetic improvements of the proposed development and a basis for encouraging preservation of existing forest, tree canopies, and specimen trees. The tree inventory and the tree preservation plan required by this section must be reviewed and approved consistent with Chapter 154. A tree inventory shall accompany all preliminary plats and construction plan submissions for all multi-family and all RPUDs prior to any land disturbing activity. Such tree inventory will accurately depict current conditions of the site and existing trees to the satisfaction of the Zoning Administrator. The tree inventory shall identify the following.
(a) The inventory shall identify any canopy tree 12 inches or larger in diameter at breast height (DBH), and any understory tree (e.g., Dogwood, Red Bud, Ironwood, American Holly, and the like) with a caliper measurement of four inches or more. Groups of trees in close proximity (i.e., those within five to ten feet of each other) may be designated as a clump of trees, with the predominant species, estimated numbers, and average diameter or circumference indicated.
(b) All tree surveys for lots larger than one acre in size shall be prepared by a licensed landscape architect, surveyor, arborist, registered forester, or engineer registered in the state and shall have an accuracy of plus or minus three feet.
(c) For a parcel or site that is greater than five acres, an aerial photograph, or a print of equal quality, may be substituted instead of the inventory if it provides essentially the same information as the tree survey provided species, composition, and size are consistent.
(2) Tree preservation/protection plan required. A tree preservation/protection plan shall accompany all preliminary plat and construction plan submissions for multi-family and RPUD developments. Such plans must be reviewed and approved by the Zoning Administrator, Planning Board, and Board of Adjustment prior to any land disturbing activities. All site developments must adhere to the tree preservation/protection plan and all tree preservation/protection plans must include a description of the following:
(a) Boundaries of the required tree save area;
(b) Protected trees and/or stands of trees within the tree save area, including type and size as well as a general assessment of the health of existing trees with special notice of the presence of any harmful insects or any indications of health problems with the trees (e.g., canopy cover or density);
(c) A tree protection zone established and maintained on site for all trees that are to be preserved;
(d) Identification of where and how existing trees are to be protected during the clearing and construction of the site; and
(e) If the applicant is removing existing stands of trees or heritage trees and such removal means the project falls below the tree save requirement, then the applicant must provide within the preservation plan an explanation why it is impractical to save the trees.
(3) Tree planting plan. A tree planting plan shall accompany all preliminary site and construction plan submissions. The tree planting plan shall adhere to the following.
(a) The tree planting plan shall be drawn to scale, including dimensions and distances, and it will identify the location of building sites, utilities, and clearly delineate all proposed parking spaces or other vehicle areas, access drives, and driveways.
(b) The proposed location, size, and species of mitigation or replacement trees shall be indicated on the tree planting plan.
(4) Combined plans. Applicants may combine the tree preservation/protection plan with the tree planting plan when it would more clearly convey their vision for the site, aiding the village in the review process.
(J) Modifications, denials.
(1) Modifications. Alternate tree protection/planting plans, plant materials, planting standards, or reforestation may be used where it would be unreasonable or impractical to strictly apply the tree protection/planting requirements. Such situations may be the result of streams, natural rock formations, topography, or other physical conditions; utility easements, a unified development design, or unusual site conditions. An alternate plan may be approved when:
(a) The Zoning Administrator makes a recommendation to the Board of Adjustment regarding all alternate tree protection/planting plans, plant materials, planting standards, or reforestations;
(b) The Zoning Administrator, Planning Board, or the Board of Adjustment approves an alternate plan that proposes different plant materials or methods provided that the quality, effectiveness, durability, and performance are equivalent to that required by this chapter. This determination shall take into account the land use classification of adjacent property, number of plantings, species, arrangement, coverage, location of planting on the lot, and the level of screening, height, spread, and canopy of the plantings at maturity;
(c) In order to allow planting to occur at the optimal time, the Zoning Administrator may allow for a delay in the installation of the required plantings after the approval of a tree protection or planting plan provided the applicant provides an acceptable form of performance bond, letter of credit, or other type of surety that will insure future installation of the required trees; and
(d) Any decision of the Zoning Administrator regarding alternate methods of compliance may be appealed to the Board of Adjustment.
(2) Denial of zoning and subdivision approval. If after the effective date of this chapter, the timber is harvested from all or any substantial portion of any lot or tract such that the harvest results in the removal of all or substantially all of the trees within such harvested area that would otherwise have been protected under this chapter, and an applicant seeks site plan or subdivision approval for such lot or tract, then:
(a) The village may deny such site plan or subdivision approval for a period of up to three years after completion of such timber harvest if the trees were lawfully removed under either of the exemptions to the provisions of this chapter specified in divisions (B) and (C) above, or were removed in violation of the provisions of this chapter but a violation that was not willful;
(b) The village may deny such site plan or subdivision approval for a period of up to five years after completion of such timber harvest if the trees were removed in willful violation of the provisions of this chapter; and
(c) All violations of this sections shall be presented to the Board of Adjustment for their recommendations to the Zoning Administrator of an appropriate amount of time for the village to deny subdivision or site plan approval.
(K) Hearings and appeals.
(1) Variances. A request for a variance from the Board of Adjustment shall be made by filing a copy of the completed application with the Planning Department. A variance may be granted by the Board of Adjustment after a evidentiary hearing has been held in a quasi-judicial manner and advertised in accordance with Chapter 154, and only if it concludes that the strict enforcement of the chapter would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of the chapter will be observed, public safety and welfare secured, and substantial justice done.
(2) Appeals. An appeal from any final order or decision by the Zoning Administrator may be taken to the Board of Adjustment by any person aggrieved. An appeal is taken by filing with the Zoning Administrator a written notice of appeal specifying the grounds therefor. An appeal must be taken within 30 days after the date of the decision or order appealed from.
(Prior Code, Ch. 12 Art. IV § 411) (Res. R-2021.9, passed 6-22-2021)