Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 7 Effective Date: September 01, 2013 Supp. No. 4 Article 9.1. ​​Tree Conservation | CHAPTER 9. ​NATURAL RESOURCE PROTECTION Sec. 9.1.7. ​Penalties b. Tree removal or grading is being done to remove a visual obstruction from a sight triangle as set forth in the North Carolina Department of Transportation’s Policy on Street and Driveway Access to North Carolina Highways Manual and all subsequent amendments. c. The removal or grading is being done to install public improvements made pursuant to this UDO. d. Where existing vegetation meets the minimum applicable tree conservation requirements for an applicable district or meets applicable transitional yard requirements, a tree conservation permit may be issued for wooded area clean-up of shade trees less than 2 inches DBH and understory trees less than 1 inch in DBH. e. No permit for such removal may be issued until a plan is submitted showing the nature and extent of all tree work, how the work will be undertaken without compacting soils and damaging preserved trees and maintaining minimum applicable requirements. 2. When a tree conservation permit is issued in accordance with Sec. 9.1.6.B.1. , the property owner must install replacement trees for any tree situated within the limits of the tree disturbing activities in one of the following ways: a. One or more undisturbed areas of equal size containing vegetation similar in size and quantity as that which is being removed is preserved in alternate undisturbed areas meeting the requirements o f Sec. 9.1.4.B. through Sec. 9.1.4.E. for priority areas Sec. 9.1.4.B.1.a. a nd Sec. 9.1.4.B.1.b. b. For each 200 square feet of tree disturbed land area, a 2-inch caliper tree is either planted between the principal building and the roadway or is planted in approved alternate areas of the site. c. Whenever a tree of priority area under Sec. 9.1.4.B.1.c. and Sec. 9.1.4.B.1.d. is removed after being certified as a hazardous tree, unhealthy or dead; it shall be replaced with 10 caliper inches of new shade trees. Any replacement tree shall be planted within the tree conservation area previously recorded for the removed tree. The minimum size of any replacement tree shall be 2 caliper inches. d. All substituted natural areas and newly planted areas must be designated as tree conservation areas on plats with metes and bounds descriptions recorded with theWake County Register of Deeds. 3. All portions of critical root zones of trees situated inside a designated tree conservation area that adjoin proposed tree disturbing activities shall remain undisturbed areas for trees with 10 inches or greater DBH. 4. Prior to commencing any tree disturbing activity, the boundaries of such activities shall be delineated by a protective fence in the field. Sec. 9.1.7. Penalties A. A violation of this Article, where unlawful tree disturbing activity has occurred and trees and stumps are absent, shall subject the violator to a civil penalty of a minimum of $1,000 for the first tree plus 35 cents of every foot of unlawful tree disturbing activity. B. Where trees or stumps are present after unlawful tree disturbing activity has occurred, the civil penalty shall instead be calculated as $1,000 for the first tree plus $100 per diameter inch for any other tree or stump 3 inches diameter and larger. Civil penalties shall be processed as set forth in Sec. 10.4.2. Sec. 9.1.8. Restoration A. In addition to the civil penalty of Sec. 9.1.7. , the owner of real property, where a violation has occurred, shall remove each unlawfully disturbed tree and replace with a tree or trees of equal caliper. B. Prior to any replanting, the Planning and Development Officer shall first approve a replacement planting and maintenance plan. Replacement trees shall be 2 inches in caliper and no replacement tree shall be located in those portions of a tree conservation area with a basal area of over 80 square feet per acre. C. All replacement trees shall be planted in a planting area of at least 200 square feet in area with minimum dimensions of 8 feet. D. If the tree conservation area where the violation has occurred fails to contain sufficient land area to replant the required replacement trees and replacement trees can not be planted on other portions of the property, then in lieu of such replacement trees, a replacement fee equal to $100 per caliper inch of replacement trees shall be paid to the City.