Morrisville Unified Development Ordinance - October 2019

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

Table 5.4.4.B: Priority Retention Areas

Order of Priority

Required Preservation

Preservation Example

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

C. Reduction or Modification

The standards in Table 5.4.4.A, Existing Tree Canopy Retention Standards, may be reduced or modified only in accordance with the following standards. a. Applications to reduce the minimum existing tree canopy retention standards by less than 50 percent may be proposed, subject to the standards in Section 5.4.7.A, Replacement Trees; and b. Applications to reduce the minimum existing tree canopy retention standards by 50 percent or more may be reviewed and approved in accordance with the standards and procedures in Section 2.5.20, Alternative Equivalent Compliance. The use of the Alternative Equivalent Compliance procedure requires compliance both with Section 2.5.20, Compliance and with Section 5.4.7, Mitigation for Tree Removal. In no instance shall the minimum existing tree canopy retention standards be reduced by more than 75 percent. In no instance shall a development be granted more than one tree canopy reduction or modification request authorized in Section 5.4.4.C., Reduction or Modification. In cases where a single development is comprised of multiple lots, development applications on individual lots may not request tree canopy retention reductions to the tree protection area created with the approval that established the individual lots. 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 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. 5.4.5. Tree Protection Plan and Tree Protection Areas

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

Morrisville, NC

October 1, 2019

Unified Development Ordinance

Page 5-9