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5.8.12.   Off-Street Loading
   A.   Loading Facilities Required. Every application for a non-residential use shall ensure that adequate off-street loading facilities are provided so that loading vehicles do not occupy required off-street parking spaces, block vehicular access, or prevent appropriate on-site maneuvering.
   B.   Minimum Off-Street Loading Space Requirements.
      1.   A minimum number of off-street loading spaces is not established; however, if off-street loading spaces are provided, they shall be provided and maintained in sufficient numbers to adequately handle the needs of a non-residential use.
      2.   Failure to provide or maintain off-street loading spaces when they are necessary to serve the development is a violation of this Ordinance.
      3.   In no instance shall an off-street loading space occupy a required off-street parking space or interrupt the safe operation of vehicles or circulation of pedestrian or bicycles.
      4.   Each off-street loading space shall be designed with an appropriate means of vehicular access to a street or alley in a manner that will least interfere with traffic circulation.
   C.   Location. No off-street loading space shall be located within a required setback or within 30 feet of a street intersection.
   D.   Dimensional Standards for Loading Spaces. When off-street loading spaces are provided, they shall comply with the following minimum requirements (see Figure 5.8.12.D: Off-Street Loading Spaces):
      1.   Except for loading spaces used by semi-tractor trailers, off-street loading spaces shall be at least 10 feet wide and at least 30 feet long.
      2.   Off-street loading spaces used by semi-tractor trailers shall be at least 70 feet long.
      3.   Overhead clearance for an off-street loading space shall be at least 15 feet.
      4.   Off-street loading spaces shall be designed so that no backing onto or from a public street is necessary.
Figure 5.8.12.D: Off-Street Loading Spaces
(Ord. 2020-36, passed 12-2-2019)
5.9.   REFORESTATION
5.9.1.   Purpose and Intent
This section is proposed to ensure that the Town's planning jurisdiction includes areas of mature tree canopy cover during and after development. These standards are further intended to:
   A.   Promote sequestration of carbon dioxide through the establishment of new trees or the retention of existing trees on lots following the development process;
   B.   Protect species diversity and habitat through the establishment of connected or linked areas of protected urban forest;
   C.   Encourage the retention of existing trees during the development process through accelerated credit towards landscaping requirements; and
   D.   Establish tree protection requirements for trees voluntarily proposed for retention during the development process.
(Ord. 2020-36, passed 12-2-2019)
5.9.2.   Applicability
Unless exempted in accordance with Section 5.9.3, Exemptions, the standards in this section shall apply to all lands and development, including subdivisions of land for single-family detached residential dwellings, in the Town's planning jurisdiction.
(Ord. 2020-36, passed 12-2-2019)
5.9.3.   Exemptions
The following activities are exempt from the standards of this section:
   A.   Activity on a bona fide farm;
   B.   Tree removal associated with normal forestry activity that is conducted:
      1.   On land taxed on the basis of its present-use value as forestland pursuant to Chapter 105, Article 12 of the North Carolina General Statutes; or
      2.   In accordance with a forest management plan prepared or approved by a forester registered in accordance with Chapter 89B of the North Carolina General Statutes;
   C.   Development or redevelopment within the DTC and DTP districts;
   D.   Development or redevelopment within the LHO district;
   E.   Construction of an individual single-family detached home on its own lot; and
   F.   Construction of an individual duplex dwelling on one or two individual lots.
(Ord. 2020-36, passed 12-2-2019)
5.9.4.   Requirements
   A.   Generally. New development subject to these standards shall either reforest a portion of the development site after construction in accordance with the standards in Section 5.9.4.B, Reforestation Standards, or shall retain existing trees on the site in accordance with the standards in Section 5.9.4.C, Tree Retention Standards.
   B.   Reforestation Standards.
      1.   Amount. Development seeking to meet the standards of this section through reforestation shall identify and reserve a portion of the development site corresponding to at least five percent of the site's total developable area.
      2.   Location. The preferred location(s) for reforestation areas on an individual development site are listed in the following priority order (see Figure 5.9.4.B.2: Reforestation Location):
         a.   Areas adjoining unbuildable lands such as riparian buffers, wetlands, steep slopes, or lands within a floodway;
         b.   Areas that directly abut reforestation areas on adjoining lots;
         c.   Areas adjacent to existing forest land on adjoining lots;
         d.   Areas adjacent to parks or conservation lands on adjoining lots;
         e.   Areas within the flood fringe on the same lot; or
         f.   Other areas as determined by the Planning Director.
      3.   Configuration.
         a.   Species.
            i.   Trees shall be native or local to Wake County and should be of a variety that can be expected to survive for at least 25 years under normal conditions.
            ii.   Nuisance species, such as the Tree of Heaven, Mimosa, Bradford Pear, or Chinese Tallowtree shall not be included in reforestation areas.
         b.   Species Diversity. Trees provided as part of reforestation activity shall be comprised of at least three different species, and differing species shall be interspersed throughout the reforestation planting area.
         c.   Mature Heights. Trees proposed for planting in a reforestation area shall have a range of heights at maturity.
         d.   Minimum Size at Time of Planting. Trees proposed for planting shall be from containerized stock. Bare-root stock is not recommended, and use of seeds or cuttings is prohibited.
         e.   Spacing.
            i.   Newly planted trees shall be planted to follow contours of land and not planted in rows so as to avoid the appearance of being planted.
            ii.   Trees shall be located at least six feet from one another and from the edge of the reforestation area boundary, but no greater than eight feet from one another or the reforestation area boundary.
         f.   Minimum Number of Trees Required. Trees shall be planted at a rate to ensure uniform coverage throughout the reforestation area based on the maximum spacing requirements.
         g.   Contiguity.
            i.   Reforestation areas shall be contiguous and shall not be separated from one another on a lot or development site of less than 30 acres in size.
            ii.   In cases where reforestation is proposed on a lot or site of more than 30 acres in size, individual reforestation areas may occupy two or more separate locations, provided that each individual reforestation area is at least one-half acre in area.
         h.   Within a Residential Subdivision. When required as part of a subdivision of land for residential purposes, a reforestation area shall be located outside the boundary of individual building lots.
Figure 5.9.4.B.2: Reforestation Location
   C.   Tree Retention Standards. Retention of existing trees on a development site, in accordance with the following standards, may be proposed as an alternative to the reforestation requirements in Section 5.9.4.B, Reforestation Standards.
      1.   Amount. The number of existing trees to be retained during and after development shall be the minimum necessary to ensure that at least five percent of the total buildable area of the lot or site is located beneath existing tree canopy.
      2.   Configuration. The portion of the site to be retained under tree canopy shall be compact and contiguous, to the maximum extent practicable (see Figure 5.9.4.B.3: Tree Canopy Retention).
      3.   Location. The tree canopy retention area shall be located away from areas proposed for grading or the installation of impervious surface.
      4.   Within a Residential Subdivision. When required as part of a subdivision of land for residential purposes, a reforestation area shall be located outside the boundary of individual building lots.
      5.   Size of Retained Trees.
         a.   Only the tree canopy associated with trees of four inches in DBH or larger shall be credited towards the tree retention standards.
         b.   An applicant shall not be required to submit a tree survey unless trees within the retention area are proposed for credit towards the requirements in Section 5.6, Landscaping.
      6.   Compliance with Tree Protection Device Standards. In cases where a development is proposing retention of existing trees as a means of compliance with these reforestation standards, the area of tree retention shall be surrounded by tree protection devices during the construction process in accordance with Section 5.9.5, Tree Protection Devices.
Figure 5.9.4.B.3: Tree Canopy Retention
(Ord. 2020-36, passed 12-2-2019)
5.9.5.   Tree Protection Devices
   A.   Responsibility. During any development activity (including demolition activity) on a lot or site containing trees to be retained for credit towards reforestation requirements or to be credited towards requirements in Section 5.6, Landscaping, the landowner or developer shall be responsible for protecting existing trees to be retained in accordance with the standards in this section.
   B.   Protective Fencing and Signage.
      1.   Protective Fencing.
         a.   Continuous fencing consisting of a bright orange plastic mesh at least four feet high shall be provided along the driplines of trees to be retained for credit towards any Ordinance requirements (see Figure 5.9.5: Tree Protection Devices).
         b.   Retained trees that are inaccessible to development activities or separated from all development activities by a distance of at least 300 linear feet are exempted from the requirement for tree protection fencing.
      2.   Warning Signage.
         a.   Warning signs shall be installed along any required tree protective fencing.
         b.   The signs shall be clearly visible from all sides around the outside of the fenced-in area.
         c.   The size of each sign must be a minimum of two feet by two feet.
         d.   The sign message shall, in both English and Spanish, identify the fenced or marked area as a tree protection area and direct construction workers not to encroach into the area (e.g., "Tree Protection Area: Do Not Enter"). For the purposes of this Ordinance, these warning signs are considered government signs exempted from First Amendment protections regarding regulation of sign content.
Figure 5.9.5: Tree Protection Devices
   C.   Duration of Protective Fencing and Signage. Required protective fencing and signage shall be erected before any grading or other development activity begins and shall be maintained until issuance of a certificate of occupancy following completion of all development in the immediate area of the fencing or signage.
   D.   Tree Protection Requirements.
      1.   No development activity—including grade changes, the operation or parking of heavy equipment, or the washing down of concrete or cement handling equipment, or the storage of fuel, chemicals, materials, supplies, or construction waste and debris—shall be allowed within areas surrounded by tree protection fencing.
      2.   No structures or hard surfaces shall be located within areas surrounded by tree protection fencing.
      3.   Retaining walls and drywells may be used to protect trees to be preserved from severe grade changes if venting adequate to allow air and water to reach tree roots is provided through any fill.
   E.   Damage or Death of a Protected Tree. If a violation of this section occurs and a protected tree is removed or dies within two years after a certificate of occupancy is granted for that portion of a development where the tree is or was located, then the landowner, owners' association, or occupancy permit recipient, or their successor, as
appropriate, shall be required to install replacement trees at the rate necessary to re-establish the tree canopy coverage requirements.
(Ord. 2020-36, passed 12-2-2019)
5.9.6.   Credit Towards Other Ordinance Requirements
   A.   Open Space Set-Aside. Land area devoted to reforestation or to the retention of existing trees during and after development activity shall be credited towards any passive open space set-aside requirements in Section 5.7.4, Minimum Open Space Set-Aside Requirements.
   B.   Required Landscaping.
      1.   Existing healthy, well-formed canopy and understory trees that are retained on site during and after development shall be credited toward the minimum landscaping requirements in Section 5.6, Landscaping, provided:
         a.   The vegetation to be credited shall meet the minimum size standards for required landscaping;
         b.   The vegetation to be credited conforms with all species requirements and does not include noxious weeds or other nuisance vegetation;
         c.   The vegetation to be credited is protected before and during development in accordance with Section 5.9.5: Tree Protection Devices, prior to the start of any land-disturbing activities; and
         d.   The location of the existing vegetation contributes to the screening or buffering functions of the landscaping.
      2.   As an incentive for retention of existing trees, existing trees meeting the standards in (A) above that are retained during and after development shall be credited towards the minimum landscaping requirements in this Ordinance at a rate of 1.25 times the tree's actual caliper or diameter at breast height.
(Ord. 2020-36, passed 12-2-2019)
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