Sec. 9.1.6. Permitted Tree Disturbing Activities

No tree disturbing activity shall take place in designated tree conservation areas except in conformity with the following.

  1. Within Zone 2 of Neuse River Riparian Buffers and in watercourse buffers in a -MPOD, permitted tree disturbing activities are allowed for:
    1. Any work that is ancillary to activities allowed by the North Carolina Division of Water Quality in Zone 1 that is approved by the City;
    2. Any sanitary sewer installation when an existing permanent structure or any part of an existing permanent structure that is to remain on the site is within the width of the proposed permanent and temporary construction sanitary sewer easement plus 10 feet; and
    3. More than 50% of a reach of sanitary sewer main will be over 12 feet deep.
  2. Within primary tree conservation areas and secondary tree conservation areas tree disturbing activities are allowed when all of the following are met.
    1.  A tree conservation permit is obtained from the City. Tree conservation permits may be issued for one or more of the following:
      1. A certified arborist, registered forester or a licensed landscape architect certifies to the City in writing that the tree is either unsafe or is unhealthy. No certification is required if it can be shown that the tree died of natural causes and the dead tree is replaced in accordance with the replacement standards of this Article.
      2. 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.
      3. The removal or grading is being done to install public improvements made pursuant to this UDO.
      4. 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.
      5. 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:
      1. 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 of Sec. 9.1.4.B. through Sec. 9.1.4.E. for priority areas Sec. 9.1.4.B.1.a. and Sec. 9.1.4.B.1.b.
      2. For each 200 square feet of tree disturbed land area, a 2-inch caliper shade tree is either planted between the principal building and the roadway or is planted in approved alternate areas of the site.
      3. 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.
      4. All substituted natural areas and newly planted areas must be designated as tree conservation areas on plats with metes and bounds descriptions recorded with the local 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.