Secondary and Cumulative Impacts Master Management Plan - 2014

Article 5: Development Standards Section 5.5. Common Open Space and Public Recreation Area 5.4.9. Credit Towards Other Standards

C. Replacement Trees 308

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). 309

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.

June 2013 Page 5-12

Morrisville, NC

Unified Development Ordinance - Public Hearing Draft