Secondary and Cumulative Impacts Master Management Plan - 2014

Article 5: Development Standards Section 5.4. Tree Protection 5.4.5. Specimen Tree Preservation

5.4.5. Specimen Tree Preservation 297

Removal of specimen trees, as defined in Section 11.5, Terms and Uses Defined, is prohibited unless such removal is exempted by Section 5.4.2.B, Exemptions, or is otherwise allowed and mitigated in accordance with Section 5.4.8, Mitigation for Tree Removal.

5.4.6. Tree Protection Plan and Tree Protection Areas

A. All applications subject to this section except for development of a single-family detached, duplex, or manufactured home dwelling on an existing lot shall include a tree protection plan prepared by an ISA-certified arborist, registered landscape architect, or registered forester that designates boundaries of one or more tree protection areas and shows grading and other major development activities proposed adjacent to the tree protection area(s). 298 B. The tree protection area(s) shall include land within the drip lines for all individual trees and stands of trees proposed to be retained and protected in accordance with Section 5.4.4, Tree Canopy Retention, and 5.4.5, Specimen Tree Preservation, as well as for any replacement trees proposed to be provided in accordance with Section 5.4.8.C, Replacement Trees. The tree protection plan shall also depict the location and details of protective fencing, marking, and signage to be provided in accordance with Section 5.4.7.B, Protective Fencing and Signage. C. Tree protection areas shall be located within required common open space or public recreation areas, where they are maintained so as to protect the included trees in accordance with Section 5.5.1.F, Ownership, Management, and Maintenance of Common Open Space. For subdivision developments, tree protection areas shall not be located within individual lots, and the recorded subdivision plat shall include a note prohibiting disturbance of the tree protection area during development of the subdivision except as authorized by this section. 299 During any development activity (including demolition activity), the property owner or developer shall be responsible for protecting existing or replacement trees within a tree protection area. B. Protective Fencing and Signage 300 Protective Fencing Continuous fencing consisting of a bright orange plastic mesh at least four feet high shall be provided along the boundaries of tree protection areas, no closer than one linear foot outside of the drip lines of trees within the area. The Planning Director shall consider existing site conditions and the species and size of the trees to be protected in determining the exact location of tree protective fencing, and may require the fencing to be extended to include the critical root zones of trees. 1. 297 As recommended in the Assessment Report, this is the basic requirement for preservation of specimen trees. 298 Showing proposed adjacent development activities is intended to prompt consideration of whether and how those activities might impact the tree protection area—e.g., prevent steep grades that might cause increased erosion and sedimentation in the tree protection area. 299 This ensures that tree protection areas are included within common open space areas, which are subject to instruments ensuring their maintenance as tree protection areas. If tree protection areas were located within individual subdivision lots, their continued protection would require continual monitoring and enforcement of a series of restrictive covenants or conservation easements—an administrative burden most jurisdictions are reluctant to shoulder. 300 This requires protective fencing around tree protection areas and specifies where the fencing must be located (with authority to extend it to protect critical root zones) and how long it is to remain in place. 5.4.7. Tree Protection During Development Activity A. Responsibility (See Figure 5.4.7.B.1: Tree Protection Fencing and Signage.)

June 2013 Page 5-8

Morrisville, NC

Unified Development Ordinance - Public Hearing Draft