Secondary and Cumulative Impacts Master Management Plan - 2014

Article 5: Development Standards Section 5.4. Tree Protection 5.4.3. Tree Survey

3. The removal of trees that pose an imminent threat of falling onto an existing structure, are so close to an existing structure as to endanger the stability of the structure, or otherwise create on- going safety problems for existing development; 4. The removal of diseased trees posing a threat to adjacent trees; 5. The removal of invasive species of trees, provided the removal results in the complete removal of the trees (including roots); 6. The selective and limited removal of trees or vegetation necessary to obtain clear visibility within intersection sight distance areas; 7. The removal of trees that the Town Engineer determines to be a hazard to traffic or to interfere with the provision of utility lines or public services; 8. The removal of trees as necessary for rescue in an emergency or for clean-up following a natural disaster; 9. The removal of trees in Airport Overlay Districts that the Planning Director, after consultation with staff of the Raleigh-Durham Airport Authority, determines to be an obstruction to air navigation to and from the Raleigh-Durham International Airport; 10. The removal or replacement or trees outside of an approved tree protection area, when associated with an expansion of the building footprint or parking area of an existing nonresidential development by ten percent or less from that originally approved for the development; and 11. Tree removal associated with normal forestry activity that is conducted on land taxed on the basis of its present-use value as forestland pursuant to N.C.G.S. ch. 105, art. 12, or in accordance with a forest management plan prepared or approved by a forester registered in accordance with N.C.G.S. ch. 89B—subject to the limitations on subsequent development in subsection C below. C. Limitations on Development Proposals Subsequent to Exempt Forestry Activity 294 Clear-cutting of a site to circumvent the requirements of this section is prohibited. If the forestry exemption in subsection B.11 above is used to remove all or substantially all of the trees that would have been protected by this section pursuant to an application for Planned Development Rezoning (Section 2.5.3), Conceptual Master Plan Approval (Section 2.5.4), Special Use Permit (Section 2.5.5), Major Subdivision Preliminary Plat Approval (Section 2.5.6.B), Minor Subdivision Plat Approval (Section 2.5.6.D), Major Site Plan Approval (Section 2.5.7.B), or Minor Site Plan Approval (Section 2.5.7.C), no such application shall be accepted for development of the land for a period of three years after completion of the forestry activity, or for a period of five years after completion of the forestry activity if the tree removal constituted a willful violation of this section.

5.4.3. Tree Survey

A. Purpose The purpose of the tree survey is to clearly demonstrate the location and area of existing tree canopy coverage for stands of trees on a development site as well as the location and size of individual specimen trees on the site.

294 This limitation is expressly authorized by N.C.G.S. § 160A-458.5(c). It is intended to discourage persons from using the statutory exemption of forestry activities from zoning regulation as a means to clear-cut a site in preparation for development and avoid tree protection regulations that would have applied to the development proposal.

Morrisville, NC

June 2013 Page 5-5

Unified Development Ordinance - Public Hearing Draft