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NORTH CAROLINA


EXECUTIVE SUMMARY

Meeting Date: 2/22/2010
AGENDA #7a


Title of Agenda Item: Public Hearing: Proposed Changes to Tree Protection Ordinance.

1. Introduction and recommendations by the Manager.
2. Comments by citizens.
3. Comments from the Mayor and Council.
4. Motion to recess public hearing to May 24, 2010.

Background: Tonight, we are asking the Council for guidance on a key issue related to the draft Tree Protection Ordinance: How to balance the Town’s goals of improving the development review process and enforcing new regulations. The Council adopted a goal for 2009-2010 to “complete current planning processes under way.” This proposed ordinance is one of those processes. The Council also has a goal of continuing to improve the development review process. This proposed ordinance contains additional regulations for property owners and requirements for staff review. The draft ordinance is the second step in a two-part approach to develop new tree protection regulations. Initial changes to tree regulations, the first step, were enacted on June 11, 2007. The attached draft ordinance attempts to balance protection of Chapel Hill’s tree canopy with other goals of the Town.

Fiscal Note: There will be financial consequences to property owners and additional staff time requirements for review and enforcement, depending on what level of regulation is ultimately adopted. There are proposed application fee and tree replacement fees for property owners which would increase for after-the-fact permit applications and when owners have sufficient room to replant trees but choose not to. For larger developments, there would be some increase to the current cost of developing landscape protection plans. For all projects there may be increased costs associated with more rigorous planting requirements and possible indirect costs associated with design modifications, including project size reductions, applicants may propose to meet the new regulations. For Town staff, there would be new review requirements for single-family and two-family properties and an increase in the existing review process for all other development applications. A comprehensive enforcement program for this ordinance would require investment in new staff resources, similar to those required for the changes to the Town’s stormwater management regulations.

Recommendations: Preliminary recommendation is that the Council receive comment in support of and in opposition to the draft Tree Protection Ordinance and provide guidance on key issues identified.


ATTACHMENTS:
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Staff Memorandum
Draft Ordinance
February 2, 2010 Memorandum to the Planning Board
Summary of Planning Board Action
 
ADDITIONAL INFORMATION
Citizen Correspondence
Planning Board Petition
Tree Protection Presentation