Morrisville Unified Development Ordinance - April 2019

Article 5: Development Standards Section 5.4. Tree Protection 5.4.7. Mitigation for Tree Removal

location, and may only be located in the next highest priority area when the area of higher priority can no longer accommodate additional replacement trees. Replacement tree planting areas are as follows:

(1) Inside a designated tree protection area;

(2) Outside a designated tree protection area but within the area of development;

(3) Away from an area of development but upon the same zoning lot;

(4) On a different zoning lot within the Town’s planning jurisdiction but under the same ownership of the area of development;

(5) On land owned by the Town of Morrisville; or

(6) In Town of Morrisville public right-of-way.

b. Trees without an Established Protection Area

Reforestation shall occur within the entire area where existing trees were irreparable damaged to or removed.

Xeriscape and Native Species Required

Replacement trees shall be a native listed in the Xeriscape and Native Vegetation Guide (see Administrative Manual). Tree Type Where more than 12 replacement trees are provided, they shall comprise at least four different species, including at least three deciduous species, unless otherwise recommended by North Carolina Registered Forester as part of a reforestation plan. Guaranteed Establishment Period The applicant shall guarantee the survival and health of all replacement trees during an establishment period of at least three years and guarantee any associated replacement costs in accordance with Section 8.2.2, Maintenance Guarantees. If the replacement trees do not survive the establishment period, the applicant shall purchase and install new replacement trees and guarantee their survival and health for a new three-year establishment period. B. Payment In Lieu of Providing Required Replacement Trees In lieu of providing all or a portion of the replacement trees required by subsection A above, the developer may, with the approval of the Town Council , make a payment to the Town that approximates the cost of purchasing and installing the required caliper inches of replacement trees. The Town Council may approve the use of the in-lieu payment option only upon determining that it is impractical to provide the replacement trees for which in-lieu payment is proposed on the development site. The amount of the in-lieu payment shall be determined from per caliper inch replacement tree fee in the Town’s fee schedule. The developer shall make the in-lieu payment before recordation of any subdivision plat for the development or issuance of any Building Permit for the development (if no subdivision approval is required)—provided, however, that the payment may be phased in accordance with an approved phasing plan for the development. The Town shall deposit any in-lieu payment into a special Town fund that shall be used only for purchasing, installing, replacing, and/or maintaining trees in public parks, greenways, or other land owned or leased by the Town.

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

April 23, 2019

Morrisville, NC

Page 5-12

Unified Development Ordinance