Morrisville Unified Development Ordinance - April 2019

Article 5: Development Standards Section 5.4. Tree Protection 5.4.2. Applicability

The removal of invasive species of trees, provided the removal results in the complete removal of the trees (including roots); The selective and limited removal of trees or vegetation necessary to obtain clear visibility within intersection sight distance areas; 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; The removal of trees as necessary for rescue in an emergency or for clean-up following a natural disaster; 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; The removal or replacement of 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 a. On land taxed on the basis of its present-use value as forestland pursuant to N.C.G.S. ch. 105, art. 12, subject to the limitations on subsequent development in subsection C below; or b. 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, and provide to the Town of Morrisville prior to proceeding with the forestry activity. Clear-cutting of a site in a manner not consistent with the requirements of Section 5.4, Tree Protection is prohibited. If one of the forestry exemptions in subsection B.13 above is used to remove all or some of the trees that would have been protected by this section, no application for Rezoning (Section 2.5.3), Conceptual Master Plan (Section 2.5.4), Special Use Permit (Section 2.5.5), Type 1 Subdivision Preliminary Plat (Section 2.5.6.B.1), Type 2 Subdivision Preliminary Plat (Section 2.5.6.B.2), Major Site Plan (Section 2.5.7.B), or Minor Site Plan (Section 2.5.7.C), shall be accepted for development of the land for a period of three years after completion of the forestry activity. If one of the forestry exemptions in subsection B.13 above is not met, and some or all of the trees that would have been protected by this section are removed, no application for Rezoning (Section 2.5.3), Conceptual Master Plan (Section 2.5.4), Special Use Permit (Section 2.5.5), Type 1 Subdivision Preliminary Plat (Section 2.5.6.B.1), Type 2 Subdivision Preliminary Plat (Section 2.5.6.B.2), Major Site Plan (Section 2.5.7.B), or Minor Site Plan (Section 2.5.7.C), shall be accepted for development of the land for a period of five years after completion of the forestry activity or site clearing and grading. In the event an application is submitted for exempted development but then converted to a different kind of development subject to the standards in Section 5.4, Tree Protection, approval of the converted application shall be delayed for a period of five years after the completion of forestry activity or site clearing and grading. Tree removal associated with normal forestry activity that is conducted:

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

C. Limitations on Development Proposals Subsequent to Exempt Forestry Activity

(Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016)

Morrisville, NC

April 23, 2019

Unified Development Ordinance

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