Sec. 9.1.5. Documentation of Tree Conservation Areas

  1. Tree Conservation Permit Required
    1. After the tree conservation areas have been determined and prior to any tree disturbing activity, a map with metes and bounds descriptions of all tree conservation areas must be given to Parks and Cultural Resources Department and a tree conservation permit must be obtained from the City and tree protective fencing placed on the site.
    2. After the tree conservation areas have been determined and a tree conservation permit has been obtained and prior to or concurrent to any subdividing of the property and prior to issuance of a building permit, the landowners shall record with the local County Register of Deeds the following:
      1. A plat with metes and bounds descriptions of all tree conservation areas;
      2. An easement that allows current and future lot owners access to otherwise inaccessible tree conservation areas to perform tree maintenance activities including required replacement plantings;
      3. A homeowners' association declaration prepared in conformity with N.C. Gen. Stat., Chapter 47F for the maintenance and protection of the trees within recorded tree conservation areas; and
      4. One or more deeds conveying all tree conservation areas in fee or in easement to the homeowners' association.
  2. Neuse River Riparian
    1. Metes and bounds descriptions of Neuse River Riparian Zone 2 shall include only the outer boundary of Zone 2 with a notation that the inner boundary is 20 feet parallel to the outer boundary.
    2. The outer boundary of Zone 2 may optionally be surveyed as a series of tangents that shall be no more than 5 feet from the actual Zone 2 boundary.
    3. When the tangent survey is used, metes and bounds descriptions of the tangent lines and the actual outer boundary of Neuse River Riparian Zone 2 (without metes and bounds) shall be shown on the recorded plat. Tree disturbing activities are prohibited and unlawful in the area between the tangent Zone 2 boundary and the actual Zone 2 boundary to the same extent as tree disturbing activities are within Zone 2 areas, but these areas shall not count toward the percentage tree conservation requirements of Sec. 9.1.3., Sec. 9.1.4.A. and Sec. 9.1.4.B. as demonstrated to the Parks and Cultural Resources Director.
  3. Secondary Conservation Areas
    1. Where secondary tree conservation areas (Sec. 9.1.4.B.1.a. and Sec. 9.1.4.B.1.b.) abut one another, metes and bounds descriptions shall not be required for the boundary line between abutting tree conservation areas.
    2. Previously recorded tree conservation areas and greenways may be shown without metes and bounds provided that the correct Book of Maps is referenced and greenways are re-recorded as greenway tree conservation areas.
  4. Replacement by Condemnor
    Whenever any private condemnor acquires property through eminent domain it shall be the responsibility of the private condemnor to replace, in accordance with the provisions of this UDO, those complying elements which were removed unless a less stringent standard is required.
  5. Payment In Lieu of Compliance
    1. Requests for fee-in-lieu payments will be considered, but not limited to, the following cases:
      1. Site conditions caused by man-made or natural topography that would require use of a retaining wall where the cost of wall construction would be greater than the fee-in-lieu for the area being relieved from compliance. In such cases, justification must be provided to demonstrate there are no alternate methods of construction other than use of a retaining wall. Quotes from 3 independent design firms or contractors must be provided to estimate the construction cost of the retaining wall; and
      2. Site conditions where the existence of priority areas under Sec. 9.1.4.B.1.c. and Sec. 9.1.4.B.1.d. render a site undevelopable.
    2. General conditions for all fee-in-lieu requests.
      1. No primary tree conservation area is eligible for a fee-in-lieu payment.
      2. Fee-in-lieu payments for tree conservation area will not be considered when the objective is to develop the site without regard for the tree conservation priorities of Sec. 9.1.4.
      3. Fee-in-lieu payments for tree conservation area will not be considered when the objective is to achieve increased site visibility at the expense of tree conservation.
      4. Prior to requesting a monetary payment in lieu of compliance, the applicant must examine alternate methods to preserve the required tree conservation priority areas. Upon submittal of a fee-in-lieu request, the applicant must provide proof of consideration of alternatives and justification why the alternatives are not feasible. The City may require that additional alternate methods be examined.
      5. Alternative methods to preserve tree conservation areas include but are not limited to: re-design of the subdivision or site plan, use of retaining walls, alternate methods of construction (such as trex decking in place of concrete sidewalk) and arboricultural practices that include active tree preservation (such as root pruning of no more than 30% of the root zone with active tree preservation aftercare) performed under supervision of a certified arborist.
      6. Secondary tree conservation areas approved for a fee-in-lieu payment shall be paid at a rate equal to the tax value of the land.
      7. All fee-in-lieu payments shall be as indicated on the City of Raleigh Fee Schedule and adjusted on an annual basis using the percent change Dec-Dec column of the Consumer Price Index chart available through the US Department of Labor.
    3. All collected monies, including any income derived from such monies, shall be spent either for acquisition of lands where trees will be preserved or for tree planting. The City Council shall set forth specific eligible activities for tree preservation and tree plantings. All collected monies must be spent within the same open space fee zones from which the payments were collected.