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Article 5: Development Standards
Section 5.5. Common Open Space and Public Recreation Area
5.4.9. Credit Towards Other Standards
June 2013
Morrisville, NC
Page 5-12
Unified Development Ordinance - Public Hearing Draft
C.
Replacement Trees
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1.
Location of Replacement Trees
Replacement trees shall be planted within the tree protection area or, where the tree protection
area does not contain sufficient area, within any other part of the development site. The Planning
Director may allow replacement trees to be planted as street trees in accordance with the
standards in Section 5.12.6, Street Trees in the Transit-Oriented Development (TOD) and Main
Street (MS) Districts.
2.
Native Species Required
Replacement trees shall be species native to the Morrisville area (see the list of acceptable native
plant species in the Administrative Manual).
3.
Tree Type
a.
Removed shade trees shall be replaced with shade trees and removed understory trees shall
be replaced with understory trees.
b.
Where more than 12 replacement trees are provided, they shall comprise at least four
different species, including at least three deciduous species.
4.
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.
5.4.9.
Credit Towards Other Standards
Tree protection areas, and trees and other vegetation within such areas, may be credited towards
compliance with common open space, public recreation area, perimeter and streetyard buffer, and
landscaping requirements to the extent they comply with applicable common open space and public
recreation area standards (see
Section 5.5, Common Open Space and Public Recreation Area,perimeter
and streetyard buffer standards (see Section 5.7, Perimeter and Streetyard Buffers), or landscaping
standards (see Section 5.12, Landscaping).
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SECTION 5.5. COMMON OPEN SPACE AND PUBLIC RECREATION AREA
5.5.1.
Common Open Space
A.
Purpose
The purpose of this section is to ensure that developments other than residential subdivisions include or
contribute to the provision of common open space for the use and enjoyment of the development‘s
occupants and users. Open space serves numerous purposes, including preservation and protection of
natural areas and features, providing opportunities for passive and active recreation, enhancing
management of stormwater runoff to protect water quality and reduce flooding, and mitigating the
heat island effect of developed areas.
Many communities establish a government fund that can serve as the repository of penalties for violations of tree protection
regulations as well payments in lieu of required tree replacement. If Morrisville wishes to establish and use such a fund, we
recommend adding a subsection authorizing payments in lieu of providing some portion of required replacement trees.
309
This is intended to clarify that trees and vegetation within tree protection area can serve ―double duty‖ in also meeting open
space, buffer, and landscaping requirements.