Unified Development Ordinance, 5th supplement, March 2018
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 7 – 24 Effective Date: March 6, 2018 Supp. No. 5 CHAPTER 7. GENERAL DEVELOPMENT STANDARDS | Article 7.2. Landscaping and Screening Sec. 7.2.7. Design and Installation c. A violation of this section shall subject the violator to a civil penalty of a minimum of $1,000 for the first tree plus $100 per caliper inch of any other tree unlawfully pruned damaged or excessively trimmed. d. This civil penalty shall be processed as set forth in Sec. 10.4.2. In addition to this civil penalty, if more than 50% of the crown of a tree is removed within a continuous five-year period or more than 40% of the critical root zone of the tree is subjected to tree disturbing activity or if more than one-third of the circumference of the tree is exposed by pruning cuts, the owner of real property, where a violation has occurred, shall replace each unlawfully pruned or other mechanically wounded, damaged, excessively trimmed or removed tree with a tree or trees of equal diameter. e. Any replacement tree shall have a minimum caliper of three inches and be at least 10 feet tall at time of planting. Any replacement tree not planted in the original location shall be planted in a planting area of at least 200 square feet in area with minimum dimension of 10 feet. f. If the property of which the violation has occurred fails to contain sufficient land area to replant the required replacement trees and replacement trees cannot be planted on adjoining street right-of-way, then in lieu of such replacement trees, a fee equal to $100 per caliper inch of replacement trees shall be paid to the City. g. The City Forestry Specialist may require crown restoration and crown reduction for any unlawfully pruned damaged or excessively trimmed tree. All such corrective pruning shall be done under the supervision of a certified arborist. 4. Excessively Trimmed The pruning, cutting or otherwise damaging of the natural form of a tree when it meets one or more of the following. a. Removes more than 25% of the crown system of a tree within a continuous 5-year period. b. Removes, cuts or covers more than 25% of the root system of a tree within a continuous five-year period. c. Fails to conform to the pruning cuts methods set forth in the current edition of "Tree, Shrub and OtherWoody Plant Maintenance—Standard Practices" of the American National Standards Institute. d. Is made for a purpose other than "hazard pruning," or "utility pruning," or "maintenance pruning" as set forth in the current edition of "Tree, Shrub and OtherWoody Plant Maintenance—Standard Practices" of the American National Standards Institute. e. Is crown reduction, heading, vista pruning or pollarding as set forth in the current edition of "Tree, Shrub and OtherWoody Plant Maintenance— Standard Practices" of the American National Standards Institute. E. Credit for Existing Vegetation 1. Existing trees and shrubs that meet the requirements of this Article may be preserved to satisfy the landscaping requirements. 2. Credit toward the required number of trees or shrubs will be given on a tree-for-tree basis for each preserved tree or shrub. Where existing native vegetation does not meet the required landscaping standards, landscaping that meets the requirements of this Article must be installed. 3. No credit is allowed for any tree or shrub if the tree or shrub is unhealthy or dead or is hazardous. The death of or replacement of any preserved tree or shrub which was used for credit requires the owner to plant new trees equal to the number of credited trees; such plantings must meet the requirements of this Article. 4. In the event that existing native habitat or vegetation has been credited and is subsequently removed or dies, it shall be replaced with landscaping that meets the requirements of this Article. 5. Supplemental landscaping may be required, if it can be reasonably inferred that after five years, the existing native habitat or vegetation will not continually provide a year-round foliage screen between properties. 6. The critical root zone of each preserved tree must be entirely protected with no tree disturbing activity within any critical root zone. 7. During construction, tree protection fences must be used. F. Replacement by Condemnor Whenever any condemnor acquires property through eminent domain it shall be the responsibility of the condemnor to replace, in accordance with the provisions of this UDO, those complying elements which were removed unless a less stringent standard is required.