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Article 5: Development Standards

Section 5.4. Tree Protection

5.4.7. Mitigation for Tree Removal

June 23, 2017

Morrisville, NC

Page 5-12

Unified Development Ordinance

(2)

New vegetation shall be installed within six months of the tree removal or within a

timeframe specified by a North Carolina Registered Forester and agreed to by the

Planning Director.

Location of Replacement Trees

a.

Trees within a Designated Protection Area

Replacement trees shall be planted in the following planting areas, listed in priority order.

Replacement trees shall maintain adequate spacing across an area as needed for proper

growth and development, and may be located in more than one priority location. However, to

the maximum extent practicable, replacement trees shall first be planted in the highest priority

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.