Unified Development Ordinance, 4th supplement, September 2017
Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 3 Effective Date: September 01, 2013 Supp. No. 4 Article 9.1. Tree Conservation | CHAPTER 9. NATURAL RESOURCE PROTECTION Sec. 9.1.4. Tree Conservation Area Allocation 9. Any tree 10 inches DBH and larger that has 30% or more of its critical root zone traversed in part or in entirety by any of the excluded areas in Sec. 9.1.4.C.1. through Sec. 9.1.4.C.7. above, by impervious surface or by any adjacent property. D. General Conservation Area Requirements 1. Size The minimum dimension of a primary tree conservation area is 20 feet, measured in all directions. 2. Greenways a. City of Raleigh greenways may be included as tree conservation areas, provided that an area of 25 feet multiplied by the length of the greenway is excluded as tree conservation for trail construction. b. Greenways can only be established as tree conservation areas after establishment of primary tree conservation areas. 3. Tree Quality No tree may be used to meet the requirements of this Article if it is unhealthy or a hazardous tree. 4. Heritage Trees A heritage tree and its critical root zone may be established as an optional tree conservation area after establishment of primary tree conservation areas. The area of critical root zone for a heritage tree conservation area shall be double credited toward the tree conservation requirement only when all of the following conditions are met. a. The critical root zone shall be protected in entirety by, either being entirely on the developing property or the property owner shall obtain a landscape easement that prohibits all tree disturbing activity for the portion of the critical root zone on an adjacent property. The off-site area for protected critical root zone may be included as tree conservation area provided that such area shall not under any circumstances be counted as tree conservation area on both properties. b. Any portion of the critical root zone within another tree conservation area shall not be eligible for double credit. zones may be included as tree conservation areas provided that such areas are not under any circumstances to be counted as tree conservation area on both properties. 4. As an alternative to Sec. 9.1.4.B.1.a. and Sec. 9.1.4.B.1.b. above, secondary tree conservation areas of undisturbed areas are allowed elsewhere on the site provided that the square footage of the substituted areas is at least 4,000 square feet. No portion of Zone 1 of Neuse River Riparian Buffers as established inTitle 15A of the North Carolina Administrative Code, Subarticle 2B Section .0233, shall be designated an alternate undisturbed area. 5. As an alternate means of compliance with Sec. 9.1.4.B.1.c. or Sec. 9.1.4.B.1.d. above, secondary tree conservation areas of individual trees 10 inches or greater in DBH and their critical root zones are allowed anywhere on the site that is not otherwise tree conservation area provided that the critical root zone area in the alternate locations is not less than the critical root zone area that would have been required for priorities in Sec. 9.1.4.B.1.c. or Sec. 9.1.4.B.1.d. above and that no alternate saved tree is less than 10 inches in DBH. C. Excluded Areas Tree conservation areas must exclude the following. 1. Sight triangles. 2. Slope easements. 3. Drainage easements. 4. Cross access easements. 5. Governmental and utility easements that prohibit trees. 6. Any easement that authorizes tree disturbing activities. 7. Any area devoted or to be devoted to streets, future right-of-way reservation, sidewalks, driveways, walkways, storm drainage facilities, including without limitation, pipes, energy dissipaters and stormwater control measures which require the removal of vegetation. 8. Water-related activity areas located in, over, under or adjacent to a lake or natural watercourse shown on the site plan may not be included as Zone 2 areas of Neuse River Riparian Buffers.