Updated Working DRAFT UDO_Adopted Version_July 2024

Article 5: Development Standards Section 5.4. Tree Protection 5.4.5. Tree Protection Plan and Tree Protection Areas

Tree Protection Plan and Tree Protection Areas

5.4.5.

A. All applications subject to this section 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). 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, Protection, and Establishment as well as for any replacement trees proposed to be provided in accordance with Section 5.4.7.A, 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 5.4.6.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, subject to these standards, 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. D. Tree protection areas shall be shown and labeled as Tree Preservation Area(s) on a Final Plat recorded at the Register of Deeds for the county in which the development site is located prior to issuance of the first Certificate of Compliance/Occupancy for the development.

(Ord. No. 2016-001, 05/10/2016)

Tree Protection During Development Activity

5.4.6.

A. Responsibility

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

1.

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 and any other trees proposed to remain onsite, no closer than ten linear foot outside of the trunks 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. (See Figure 5.4.6.B.1: Tree Protection Fencing and Signage.) Warning Sign Warning signs shall be installed along any required tree protective fencing at points no more than 150 feet apart. The signs shall be clearly visible from all sides of the outside of the fenced-in area. The size of each sign must be a minimum of two feet by two feet. 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”). Duration of Protective Fencing or 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 Compliance/Occupancy following completion of all development in the immediate area of the fencing or signage.

2.

3.

Morrisville, NC

July 1, 2024

Unified Development Ordinance

Page 5-9

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