ATTACHMENT 2
This Section shall be known and may be cited as the Chapel Hill Tree Protection Ordinance.
The Town Council finds that:
(1) Chapel Hill contains a diversity and abundance of trees, shrubs and soils. Such elements are of economic value to the Town and make it a desirable place for both residents and visitors;
(2) the appearance of Chapel Hill from the public ways contributes to the economic prosperity of the Town;
(3) trees and other landscape elements help to naturally control flooding and erosion, moderate noise pollution, dust, and other airborne pollutants, moderate the Town climate and shelter and feed its wildlife;
(4) the growth and development attracted to the Town of Chapel Hill often necessitates the removal of trees, shrubs, and soils, thereby contributing to their depletion; and
(5) it is necessary to protect and manage these valuable assets and their habitat in order to protect the health, safety, and welfare of citizens in Chapel Hill and its extraterritorial jurisdiction.
The Town Council declares the intent of this Section is to:
(1) regulate the protection, installation, removal, and long-term management of trees, shrubs and soils in Chapel Hill and its extraterritorial jurisdiction;
(2) encourage the proper protection and maintenance of existing trees, shrubs and soils on all public and some private lands as herein described now or hereafter in Chapel Hill and its extraterritorial jurisdiction;
(3) charge the Town Manager to prescribe procedures for the proper protection, installation, and long-term management of landscape elements on all developing lands, all public and some private lands in Chapel Hill and its extraterritorial jurisdiction as herein described;
(4) establish a system of permits to assure the correct planting, maintenance, protection, and removal of trees and soil on public and private property; and
(5) establish penalties for violation of its provisions.
Terms used in this Section are defined in Appendix A of this Land Use Management Ordinance.
Except as otherwise specifically exempted herein, it shall be unlawful to:
(1) remove, prune, apply chemicals that are harmful to or disturb any tree or the soil within the critical root zone of any tree; or
(2) clear vegetation from a site; or
(3) begin any excavation, remove soil or place fill on a site within Chapel Hill and its extraterritorial jurisdiction until the Town Manager has issued a permit certifying that such activity complies with the applicable provisions of Sections 5.7.3, 5.7.4, 5.7.5 and 5.7.6 of this Section.
The provisions of this Article shall apply to any development except:
(1) land in the Town's Office/Institutional-3 or Office/Institutional-4 zoning districts, provided, however, that Section 5.7.5 of this Article shall apply to all public and private lands within the Town planning jurisdiction;
(2) routine maintenance of existing vegetation outside the public right‑of‑way, such as pruning, watering and fertilizing;
(3) the removal of dead trees and shrubs, or trees and shrubs that have been diagnosed and determined to be diseased beyond treatment, the burden of proof being placed on the remover;
(4) the removal of soil or vegetation from undeveloped land to allow for noncommercial open space no greater than one-quarter (1/4) acre, providing this activity does not take place within the critical root zone of any rare or specimen tree;
(5) land disturbing activity normally associated with the occupancy of an existing single-family or two-family dwelling;
(6) any new construction or expansion of a single-family or two-family dwelling requiring a building permit and involving land disturbance less than 5,000 square feet, unless the land disturbance is cumulatively over 5,000 square feet.
All permits issued hereunder shall be so displayed as to be clearly visible from a public right-of-way. In the case of annual permits, as described in Section 5.7.8(b), such permits shall be kept in vehicles at the work site.
The provisions of this Section are waived if compliance would hamper the rescue of life or property from immediate danger or the repair of utilities in the event of emergencies such as wind storms, ice storms, or other disasters. Any emergency work shall follow as closely as possible the standards outlined in the Town's Landscape Standards and Specifications.
Upon a determination that work does not conform with the provisions of this Section, the Town Manager shall issue a Stop Work Order which shall remain in effect until all corrections are made that are necessary to conform with this Article.
Except as herein exempted, all undeveloped zoning lots within the Town’s planning jurisdiction that are more than one-half (½) acre in size are hereby protected.
A Zoning Compliance Permit shall be required from and issued by the Town Manager for the following activities on undeveloped land;
(1) the removal of rare or specimen trees as specified in Section 5.7.6; or
(2) the practice of forestry as defined by North Carolina General Statute 105-277.2-.7. Such forestry shall be permitted only after an applicant submits a plan for harvesting and replanting consistent with the most current Forest Practices Guidelines Related to Water Quality published by the N.C. Department of Natural Resources and Community Development, or its successor agency.
(1) A Zoning Compliance Permit shall not be issued for development covered by provisions of this Section unless a Landscape Protection Plan is first approved by the Town Manager.
(2) No person shall spray, prune, remove, cut above ground, or otherwise disturb any tree or the soil within the critical root zone of any tree on developing land without first obtaining a Zoning Compliance Permit and approval of a Landscape Protection Plan from the Town Manager.
(3) All development activities on a site, including installation of public and private utilities, shall conform to the provisions of an approved Landscape Protection Plan.
(1) The Town Manager shall prescribe the contents of Landscape Protection Plans and information that may be reasonably required to determine compliance with this Article, with sufficient copies for necessary referrals and records.
(2) The Landscape Protection Plan shall:
A. describe the existing soil types, trees, vegetation, and other landscape elements of the development site;
B. identify areas where trees, vegetation and soils are to be protected and preserved and areas where trees, vegetation and soils are to be removed or modified; and
C. address measures of tree, vegetation and soil protection and management that will be used before, during and after all construction activities to promote the survival of such elements.
(3) If vegetation identified for survival in the Landscape Protection Plan is dead or dying as determined by the Town Manager at the time of the issuance of a certificate of occupancy and is part of a required buffer, replacement of such vegetation shall be required if the Town Manager finds the buffer to be inadequate.
(4) Otherwise, compliance with the Landscape Protection Plan shall establish a presumption that the requirements of this Section have been met.
No tree greater than six (6) inches in Diameter at Breast Height (DBH) shall be removed for the purpose of surveying without a permit issued by the Town Manager approving such action.
Prior to the commencement of any activities requiring a permit (see Section 5.7.2(a)), a pre-construction conference shall take place to review procedures for protection and management of all protected landscape elements identified on the Landscape Protection Plan and to designate one or more persons as Landscape Protection Supervisor(s) as described in Section 5.7.4(e).
For all development other than that related to single-family and two-family dwellings on individual zoning lots, the following on-site supervision is required:
(1) The applicant shall designate as Landscape Protection Supervisors one or more persons who have completed instruction and examination in landscape protection procedures with the Town and have received a Landscape Protection Certificate.
(2) It shall be the duty of the Landscape Protection Supervisor to ensure the protection of new or existing landscape elements to be preserved, as defined in the Landscape Protection Plan. At least one identified Landscape Protection Supervisor shall be present on the development site at all times when activity is taking place that could damage or disturb such landscape elements. Such activities include:
A. clearing and grubbing;
B. any excavation, grading, trenching or moving of soil;
C. removal, installation or maintenance of all landscape elements and landscape protection devices; or
D. the delivery, transporting and placement of construction materials and equipment.
(3) The approved Landscape Protection Supervisor(s) shall supervise all site work to assure that development activity conforms to provisions of the approved Landscape Protection Plan.
All new and required landscaping and preparation for landscaping shall be installed and maintained in accordance with the Town's Landscaping Standards and Specifications. All required plantings, as shown on an approved Landscaping Plan, must be planted or an accepted performance guarantee placed with the Town prior to the issuance of a Certificate of Occupancy for any part of the development covered by the Landscape Plan.
(1) Vegetation that is to be protected on developing land, as indicated on a Landscape Protection Plan, shall be protected by fences or other equally effective measures during construction activity. Such fencing shall be located and erected according to Town Standards and be located as shown on the Landscape Protection and Site Grading Plans. All land disturbing activity, storage of equipment, building material, soil and other debris shall be kept within the area of development activity and outside of the protective fencing.
(2) Vegetation that is to be retained during right-of-way clearing of single-family or two-family residential subdivisions, as indicated on a Landscape Protection Plan, shall be delineated by high visibility flagging during construction activity. Such flagging shall be located and installed according to Town Standards and be located as shown on the Landscape Protection and Site Grading Plans. The use of flagging shall be limited to those specific applications where no rare or specimen trees will be affected by development activity and the Town Manager determines it to be as effective as protective fencing.
(3) Landscaping activities taking place after the removal of protective fencing shall be accomplished with light machinery or hand labor and in accordance with the Town's Landscaping Standards and Specifications.
(1) No nails, ropes, cables, signs or fencing shall be attached to any part of any tree that is to remain.
(2) Trees that are damaged during construction shall be treated so as to promote their continued health.
(1) A Certificate of Occupancy may be denied for any lot if the Town Manager determines that a public hazard as defined in this Chapter exists on said lot, until that public hazard is abated.
(2) A street constructed to Town standards and dedicated to the Town may not be finally accepted for maintenance at the end of the warranty period as covered by Chapel Hill Code Section 17-45 until any public hazard arising out of a tree, plant or shrub thereon, is abated by the developer of that street.
(1) The Town Manager shall have development sites inspected frequently to assure that work is conforming to the approved Landscape Protection Plan and the applicable sections of this Article.
(2) Absence of a Landscape Protection Supervisor(s) from the site at times when development activity is taking place that has the potential to adversely affect landscape elements to be preserved or new landscape elements may result in the issuance of a Stop-Work order until a Landscape Protection Supervisor is present.
(1) It shall be unlawful to:
A. plant, prune, remove, or apply chemicals that are harmful to or disturb any tree or the soil within the critical root zone of any tree; or
B. clear vegetation, begin any excavation, remove soil or place fill on all public land and easements owned or maintained by the Town within Chapel Hill or its extraterritorial jurisdiction without first obtaining a permit from the Town Manager.
(2) All activities related to trees and landscaping on public land as herein defined shall conform to the Town's Landscaping Standards and Specifications.
(3) The Town Manager shall issue the permit if the proposed work is in compliance with the Town's Landscaping Standards and Specifications.
(1) All existing plantings of trees and shrubs on all public land and easements owned or maintained by the Town and all future additions and substitutions shall be under the authority and direction of the Town Manager.
(2) Trees may be planted on the public street right-of-way of any public street provided they comply with any plan for public landscaping that has been approved by the State of North Carolina or the Town of Chapel Hill, that they will not hinder the repair or construction of public utilities and a permit has been issued by the Town Manager.
(3) Trees or shrubs may be planted on the public street right-of-way of any other public street of a variety and in a location desired by the abutting property owner except that no trees or shrubs shall be planted close enough to any public street intersection to interfere with the sight distance at the intersection or interfere with streets, sidewalks, street lights or above and below-ground utility lines as specified in the Town's Landscaping Standards and Specifications.
(4) All planting of trees and shrubs on public property shall be subject to general considerations of public health, safety and convenience, and the material and aesthetic value accruing to the whole community. Planting shall be restricted to the varieties known to be suited to the local climate and environment and shall be intended to preserve and enhance the beauty and variety of the public landscape as recommended in the Town's Landscaping Standards and Specifications.
It shall be unlawful to plant in any public right-of-way any of the following:
(1) any trees which by the nature of their fruit, root system, brittleness of wood, or susceptibility to disease are deemed undesirable as specified in the Town's Landscaping Standards and Specifications;
(2) any invasive exotic plant materials as identified in the Design Manual.
The Town will provide tree maintenance in the town center districts and on thoroughfares. The Town will not be responsible for the maintenance or replacement of shrubs planted on the right-of-way except those planted by the Town. Shrubs which are planted on the right-of-way of any public street and not properly maintained in a safe, healthy and attractive condition may be removed by the Town.
Except to abate a hazard as defined in Section 5.7.4(i), it shall be a violation of this Article to damage, destroy or mutilate any tree or shrub in a public right‑of‑way or any public place, or attach or place any rope or wire (other than one to support a young or broken tree), sign poster, handbill or any other thing to or on any tree or cause or permit any wire charged with electricity to come into contact with any such tree.
(1) It shall be the duty of the owner of the property wherein or whereupon a public hazard exists, to abate the hazard by removing or trimming the growth. Trees on private property whose roots may damage sidewalks, curbs or public streets, by causing them to buckle or break or whose roots may enter into public sewers or water mains shall also be public hazards and may be trimmed or removed as deemed necessary by the Town Manager.
(2) If the owner of property, after being notified of the existence of a public hazard on their property, fails to abate the hazard within thirty (30) days the Town Manager shall have the hazard abated and assess the exact cost to the owner as provided by law in the case of special assessments or liens.
(3) Where the roots of a public tree or shrub constitute a hazard to private property, the affected property owner may prune or cut the offending roots at his/her property line, provided the tree is not a rare or specimen tree and the action will not create an unsafe condition. A permit for such cutting or pruning shall be granted only after the proposed work has been reviewed and approved by the Town Manager.
(4) Where the growth and limbs of public trees constitute a hazard to private property, the Town, upon notice, shall correct the condition.
(5) Where the growth of trees interferes with public utilities such conditions shall be corrected by proper pruning, removal or replacement of the tree causing the interference. Corrective measures shall be carried out in accordance with the provisions of this Article and the Town's Landscaping Standards and Specifications.
(1) Trees and shrubs shall not be removed from public property or public street rights-of-way without a permit issued by the Town Manager. Trees and shrubs on all public land and easements owned or maintained by the Town may be removed only when they are dead, dangerous to life and property, seriously diseased or constitute a public hazard, or where necessary to accommodate the construction of a public facility.
(2) The Town retains the right to remove any tree on any public street or highway right-of-way or easement owned or maintained by the Town which is necessary to permit the proper maintenance or improvement of the public street except that no rare tree shall be removed from land or easements owned by the Town or any public street or highway right-of-way unless the Town Manager determines there is no reasonable way the land or street can otherwise be developed, improved or properly maintained and the tree saved.
(3) The Town may remove dead or diseased trees from the public street right-of-way, easement owned or maintained by the Town on any public street. A tree on the line that is half or more than halfway on the right-of-way at its base will be considered to be on the right-of-way.
(4) Existing public trees shall be preserved to the extent that it is possible and feasible. If removed they will be replaced where practicable.
(1) A permit shall be required for:
A. any construction or repair activity;
B. any excavation of trenches or tunnels for the installation or repair of utilities; or
C. any laying of pavement taking place within the critical root zone of any rare or specimen tree on public land regardless of whether the critical root zone occupies public or private lands.
(2) No construction or repair activities within the critical root zone of any rare or specimen tree shall take place until the Town Manager has approved a Landscape Protection Plan that indicates tree protection measures and preservation strategies as defined in Section 5.7.4(b).
(3) All trees to be saved on streets or public land near any excavation or construction of any building, structure, or new streets shall be guarded with protective fencing or other equally effective measures consistent with Town Standards at a location specified in an approved Landscape Protection Plan. All construction material, dirt, or other debris shall be kept outside the protected area.
(4) No person shall deposit, place, store, or maintain upon any public land, easement, street, or buffer strip any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots of any tree growing therein, without having first obtained a Zoning Compliance Permit or Tree Work Permit from the Town Manager.
A specimen tree is any healthy living tree that:
(1) has a trunk diameter at breast height (DBH) of 18 inches or more; or
(2) a trunk DBH of 12 inches or more in the case of the following species:
Karpinus (Hornbeam)
Ilex spp. (Holly)
Magnolia spp.
Ostrya (Hophornbeam)
Tsuga spp. (Hemlock)
A rare tree is any healthy living tree that:
(1) has a trunk diameter at breast height (DBH) of 36 inches or more; or
(2) a trunk DBH of 18 inches or more in the case of the following species:
Karpinus (Hornbeam)
Ilex spp. (Holly)
Magnolia spp.
Ostrya (Hophornbeam)
Tsuga spp. (Hemlock)
(3) is listed as a State or National Champion by the North Carolina Forest Service or the American Forestry Association; or
(4) provides unique habitat for any endangered or threatened wildlife species protected by Federal law; or
(5) has been cited by the Town Council as being historically significant; or
(6) represents an uncommon species, such as Long Leaf Pine, Live Oak or Sequoia Redwood, that the Town Manager considers to be desirable and not to pose a threat to the local ecological balance.
(1) Rare and specimen trees shall be shown on all preliminary Landscape Protection Plans if such trees are within one hundred (100) feet of areas where soil disturbance or construction activity is proposed. In addition, these trees shall be identified and located by survey on the approved Landscape Protection Plan if such trees are located on the development site or adjacent public property. The Town Manager may visit the site to determine the accuracy of identification.
(2) Proposed development should be designed to maximize the preservation of rare and specimen trees. Where rare and specimen trees exist, flexible approaches such as adjustments to lot layout, placement of buildings and paved surfaces and location of utilities should be pursued in order to save them.
(3) Notwithstanding any provision of the Land Use Management Ordinance to the contrary, saving of a rare or specimen tree shall constitute sufficient evidence that Sections 4.12.2(a) – (e) has been met in any variance application.
(4) No soil disturbance from construction, trenching or grading, or paving, or storage of equipment or materials shall take place within the critical root zone of any rare or specimen tree to be preserved unless the Town Manager determines there is no reasonable way the property can be developed without such disturbance or unless the proposed work will be carried out in accordance with the specifications for such work in the Town's Landscaping Standards and Specifications.
(5) No rare tree shall be removed from developing land unless the Town Manager determines there is no reasonable way the property can be otherwise developed, improved or properly maintained and the tree saved.
(1) Rare and specimen trees that are located on individual lots with single- and two-family homes shall be protected if voluntarily registered by the property owner.
(2) Registration of such trees shall survive transfer of ownership if language is contained in the document transferring ownership and shall extend the coverage hereof and render the owner of the lot subject to the following privileges:
A. The owner shall be entitled to consultation with the Town Forester concerning proper care of the tree.
B. If a permitted auxiliary structure or addition to a house is being planned, notwithstanding any provision of the Land Use Management Ordinance to the contrary, saving of a rare or specimen tree shall constitute sufficient evidence that Section 4.12.2 of the Land Use Management Ordinance has been met in any variance application.
(3) Once so registered, trees may be removed from the register at a later date at the request of the property owner.
The purpose of this Section is to encourage preservation of existing contiguous stands of trees. The Town hereby finds and determines that preserving contiguous stands of trees provides significant benefits exceeding the preservation of individual trees, including:
Increased survivability rates; and
More effective stormwater management; and
More effective protection of air quality; and
Preservation of biodiversity and a variety of plant species, including understory species.
For purposes of this Section, a “Significant Tree Stand” means an area of contiguous wooded area greater than 1,000 square feet with a continuous canopy exceeding thirty (30) feet in height and where:
Over fifty (50) percent of the trees with a DBH over six (6) inches are hardwoods; or the understory includes a diversity of beeches, hickories, hollies, or other native tree species as determined by the Town Manager that are indicative of a significant evolving Piedmont forest.
The provisions of this Section apply to any application requiring a Landscape Protection Plan.
A Landscape Protection Plan shall include a delineation of the boundaries of all significant tree stands and a description of their dominant plant species. All plans shall also show the proposed clearing limit lines and include a computation of the percentage of significant tree stand areas that are proposed to be cleared.
The Significant Tree Stand Delineation shall be used during the design review process to determine the most suitable and practical areas for woodland conservation. To the extent practicable, Significant Tree Stands shall be preserved and incorporated into site design. Areas designated for preservation on approved plans shall be accompanied by protection devices during construction.
(1) The Town Manager shall prescribe:
A. the form(s) for all applications called for in this Article; and
B. any information that may reasonably be required to determine compliance with this Article and with the Town's Landscaping Standards and Specifications.
(2) Unless otherwise specified in this Article, for applications requiring Town Manager approval, action to approve or deny an application shall be taken by the Town Manager within fifteen (15) days of the acceptance of an application, or within such further time consented to by written notice from the applicant or by Town Council resolution.
(1) A permit shall be issued by the Town Manager for all activities requiring a permit as defined in Section 5.7.2, including but not limited to utility line clearance pruning, planting on public land and tree or soil disturbing repairs around existing trees. Permits will be issued only after a finding has been made by the Town Manager that all applicable provisions of this Article and the Landscaping Standards have been met.
(2) Permits may authorize work for up to one year for ongoing utility maintenance and installation activities and may be renewed annually subject to continued compliance with conditions of the permit. Applications for annual permits shall be accompanied by a statement of measures that will be taken to protect and preserve trees and landscaping.
(3) Permits for all other activities shall be issued by the Town Manager not less than two (2) working days before the work is to be done, except in the case of an emergency where action is required to protect the safety, health and welfare of the public, or the repair of utilities. Notice of completion of work shall be given within five (5) days of completion to the Town Manager for her/his inspection.
(4) Any permit granted shall contain a date of expiration and the work shall be completed in the time allowed by the permit and in the manner as therein described. Any permit shall be void if its terms are violated.
(1) Any act constituting a violation of this Article resulting in the loss or destruction of trees or topsoil shall subject the landowner to a civil penalty equivalent to 1.5 times the monetary value of the trees or topsoil removed or destroyed up to a maximum of $20,000. For purposes of such determination the Town Manager shall apply the most current formula of the Town Council of Tree and Landscape Appraisers, or a similar method in common use. In addition, trees so destroyed must be replaced with new trees whose total DBH equals that of the trees destroyed.
(2) Development activity which has taken place in compliance with conditions of the Zoning Compliance Permit issued for that activity shall establish a presumption that the property owner has met the requirements of this Section. It shall be the duty of the permit holder to demonstrate that the activity was in compliance with the issued permit.
(3) Unless otherwise specified in this Article, the Town of Chapel Hill shall enforce the provisions of this Article in accordance with procedures, penalties, and remedies described in Article 4 of the Land Use Management Ordinance.
Unless otherwise specified in this Article, interpretations, appeals, and variances of or from provisions of this Article shall be pursuant to the provisions of Article 4 of this Chapter.
Reasonable fees sufficient to cover the costs of administration, inspection, appraisal, and publication of notice shall be charged to applicants for Zoning Compliance Permits and Tree Work Permits established by this Article. The amount of such fees shall be fixed by the Town Council.