Secondary and Cumulative Impacts Master Management Plan

Article 5: Development Standards

Section 5.4. Tree Protection

5.4.3. Tree Survey

Morrisville, NC

June 2013

Unified Development Ordinance - Public Hearing Draft

Page 5-5

The removal of trees that pose an imminent threat of falling onto an existing structure, are so

close to an existing structure as to endanger the stability of the structure, or otherwise create on-

going safety problems for existing development;

The removal of diseased trees posing a threat to adjacent trees;

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;

10.

The removal or replacement or 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

11.

Tree removal associated with normal forestry activity that is conducted on land taxed on the

basis of its present-use value as forestland pursuant to N.C.G.S. ch. 105, art. 12, or 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

below.

Limitations on Development Proposals Subsequent to Exempt Forestry Activity

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Clear-cutting of a site to circumvent the requirements of this section is prohibited. If the forestry

exemption in subsection

B.11

above is used to remove all or substantially all of the trees that would

have been protected by this section pursuant to an application for Planned Development Rezoning

(Section 2.5.3), Conceptual Master Plan Approval (Section 2.5.4), Special Use Permit (Section 2.5.5),

Major Subdivision Preliminary Plat Approval (Section 2.5.6.B), Minor Subdivision Plat Approval

(Section 2.5.6.D), Major Site Plan Approval (Section 2.5.7.B), or Minor Site Plan Approval (Section

2.5.7.C), no such application shall be accepted for development of the land for a period of three

years after completion of the forestry activity, or for a period of five years after completion of the

forestry activity if the tree removal constituted a willful violation of this section.

5.4.3.

Tree Survey

Purpose

The purpose of the tree survey is to clearly demonstrate the location and area of existing tree canopy

coverage for stands of trees on a development site as well as the location and size of individual

specimen trees on the site.

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This limitation is expressly authorized by N.C.G.S. § 160A-458.5(c). It is intended to discourage persons from using the

statutory exemption of forestry activities from zoning regulation as a means to clear-cut a site in preparation for development and

avoid tree protection regulations that would have applied to the development proposal.