Sec. 9.1.4. Tree Conservation Area Allocation

  1. Primary Tree Conservation Areas
    The following are primary tree conservation areas and must be the first areas saved to meet the tree conservation requirement. All primary tree conservation areas on the site must be established even if doing so exceeds the minimum required percentage.
    1. -SHOD-1 and -SHOD-2 protective yards (see Sec. 5.3.1.).
    2. Parkway Frontage protective yards (see Sec. 3.4.3.)
    3. CM primary tree conservation areas (see Article 4.2. Conservation Management (CM)).
    4. -MPOD protective yards (see Sec. 5.2.2.).
    5. A healthy, champion tree and its critical root zone.
    6. Zone 2 of Neuse River Riparian Buffers, as established in title 15A of the North Carolina Administrative Code Subarticle 2B Section .0233.
    7. Areas with a gradient of 45% or greater that are adjacent to or within floodways.
    8. An undisturbed area adjoining a Thoroughfare varying in width between 0 and 100 feet; provided that the total undisturbed area is equal to an area measured 50 feet perpendicular to the Thoroughfare.
  2. Secondary Tree Conservation Areas
    1. The following secondary tree conservation areas, listed in priority order from highest to lowest, must be included once the primary tree conservation areas are exhausted.
      1. A minimum 65-foot wide perimeter buffer when the adjoining or adjacent property is not a Thoroughfare or is not vacant.
      2. A minimum 32-foot wide perimeter buffer when the adjoining or adjacent property is vacant.
      3. The critical root zone of any tree 10 inches or greater in DBH that is located within 50 feet of a Thoroughfare or within 65 feet of any non-vacant property boundary or roadway that is not a Thoroughfare.
      4. The critical root zone of any tree 10 inches or greater in DBH that is located within 32 feet of a vacant property boundary.
    2. Secondary tree conservation areas described in Sec. 9.1.4.B.1.a. and Sec. 9.1.4.B.1.b. above and their alternates must be at least 32 feet in all directions and be a minimum of 4,000 square feet in area.
    3. The critical root zone of a saved tree in Sec. 9.1.4.B.1.c. or Sec. 9.1.4.B.1.d. above must be preserved in entirety even if it extends beyond 65 feet or 32 feet. When a landscape easement is obtained from the adjoining land that prohibits all tree disturbing activity, off-site areas for protected critical root 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 they are a minimum of 32 feet in all directions and 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 in Title 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.
  3. 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 reservations, sidewalks, driveways, walkways, transit easements and 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.
    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.
  4. General Conservation Area Requirements
    1. Size
      For primary tree conservation areas numbered 1 through 7 in Sec. 9.1.4.A, the minimum dimension of a primary tree conservation area is 20 feet, measured in all directions. For primary tree conservation area number 8 in Sec. 9.1.4.A, the minimum dimension is 32 feet, measured in all directions.
    2. Greenways
      1.  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.
      2. 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.
      1. 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.
      2. Any portion of the critical root zone within another tree conservation area shall not be eligible for double credit.
      3. The condition of the heritage tree shall be a rating of “Good” or higher as determined by an arborist certified by the International Society of Arboriculture using the Guide for Plant Appraisal, latest edition, published by the International Society of Arboriculture and verified by the Parks and Cultural Resources Director.
      4. A report of the tree condition shall be prepared on an evaluation form provided by the City and it shall be provided to the Parks and Cultural Resources Director.
      5. An active tree preservation plan prepared by an arborist, certified by the International Society of Arboriculture, must be approved by the Parks and Cultural Resources Director and implemented by the developer under the supervision of the certified arborist.
  5. Tree Cover Required
    1. Tree conservation areas proposed for -SHOD-1, -SHOD-2, Parkway Frontage, and undisturbed areas adjoining a Thoroughfare protective yard (Sec. 9.1.4.A.1., Sec. 9.1.4.A.2. and Sec. 9.1.4.A.8.) and secondary priority areas (Sec. 9.1.4.B.1.a. and Sec. 9.1.4.B.1.b.) and their alternates, which consist of groups of trees and their critical root zones, must contain a basal area of at least 30 square feet per acre as measured in increments of 50 lineal feet.
    2. Any required protective yard for a -SHOD 1, -SHOD-2 or Parkway Frontage that does not contain a basal area of at least 30 square feet shall be planted in accordance with the overlay district landscaping standards and portions of the protective yard cannot be established as a tree conservation area.
    3. For those developments that fulfill any of their tree conservation area requirement using a -SHOD-1, -SHOD-2, Parkway Frontage or undisturbed areas adjoining a Thoroughfare protective yard or with secondary tree conservation areas from Sec. 9.1.4.B.1.a. or Sec. 9.1.4.B.1.b. and their alternates, the following must be submitted:
      1. Photo panoramic panels of the intended area to be conserved. The photo panel shall equal 50 feet of the length of the tree conservation area to be saved;
      2. A tree cover report prepared by a North Carolina registered forester or North Carolina licensed landscape architect or certified arborist that, inventories each 50-foot length of proposed tree conservation area as shown in the photo panels, to identify all eligible trees 3 inches DBH and larger, by species, DBH, basal area calculations and a determination of the general health of the tree stand. The report and photo panels shall be correlated; and
      3. The most recent aerial photograph of the subject tract.
    4. A survey of all eligible trees and computation of basal area may be substituted in lieu of Sec. 9.1.4.E.3.a. and Sec. 9.1.4.E.3.c. above, provided that no dead, unhealthy or hazardous tree is included in the survey.
    5. An optional method to determine basal area for tree conservation areas is allowed when a North Carolina registered forester certifies in writing that the basal area is 60 square feet per acre or greater, provided all the following conditions are met:
      1. The contiguous tree conservation area that can consist of primary and secondary is at least 8,700 square feet in size, excluding easements and consists of undisturbed wooded areas with a basal area of 60 square feet per acre or greater comprised of trees 3 inches DBH and larger;
      2. All dimensions of tree conservation areas are at least 65 feet in all directions;
      3. Land area that does not contain trees must be excluded unless it contains critical root zones of trees being preserved;
      4. Any area of tree disturbing activity is excluded as a tree conservation area; and
      5. A legible copy of the latest Wake County/City of Raleigh aerial photograph must be included with the registered forester’s certification.
    6. Within each 50-foot linear increment of Zone 2 of Neuse River Riparian Buffers, MPOD natural resource buffer yards or greenway tree conservation areas that do not contain trees, a minimum of 2 shade trees to enhance the riparian buffer must be planted prior to issuance of a certificate of occupancy. Planted shade trees must be at least 10 gallon container size and free of circling roots at time of planting. If the area without trees will be used as shown on the approved site plan for either a tree disturbing activity allowed by Sec. 9.1.6. or a water-related activity located in, over, under or adjacent a lake or natural watercourse, no planting of new trees shall be required.
    7. Within each 50 linear feet of watercourse buffer of the -MPOD that does not contain trees, a minimum of two 10 gallon container size shade trees, free of circling roots, must be planted to enhance the riparian buffer prior to the issuance of a certificate of occupancy.
    8. Alternatively, areas that do not contain trees in Neuse Zone 2, greenways or -MPOD watercourse buffers may be established as permanently undisturbed primary tree conservation areas to allow natural regeneration of trees, provided such areas are not located on individual lots developed for single unit living. Permanently undisturbed primary tree conservation areas shall not be cleared of any vegetation or subjected to any tree disturbing activity and shall be delineated with signs as specified by the City. Required signs must remain in place for a period of 7 years. Unlawful disturbance of any permanently undisturbed primary tree conservation area shall subject the violator to a civil penalty of a minimum of $1,000 plus 35 cents for every square foot of disturbed area and unlawfully disturbed areas shall be planted with twice the number of 10 gallon container shade trees as described above. Unlawful removal of any required signs shall subject the violator to a civil penalty of $100 for each removed sign and each removed sign shall be replaced. Civil penalties shall be processed as set forth in Sec. 10.4.2.