267 / 601
Article 5: Development Standards
Section 5.4. Tree Protection
5.4.2. Applicability
Morrisville, NC
June 23, 2017
Unified Development Ordinance
Page 5-5
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
Tree removal associated with normal forestry activity that is conducted:
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
Cbelow; 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
subsectio
n C below, and provide to the Town of Morrisville prior to proceeding with the forestry
activity.
(Ord. No. 2016-001, 05/10/2016)
C.
Limitations on Development Proposals Subsequent to Exempt Forestry Activity
Clear-cutting of a site in a manner not consistent with the requirements of
Section 5.4, Tree Protectionis prohibited.
If one of the forestry exemptions in subsection
B.13above 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 (Sectio
n 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.13above 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.
(Ord. No. 2015-002, 04/29/2015; Ord. No. 2016-001, 05/10/2016)