ATTACHMENT 1
DRAFT ORDINANCE
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendments to the Land Use Management Ordinance regarding tree protection regulations and finds that the amendments are warranted in order to achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
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 or
from existing single-family and two-family properties to allow for
noncommercial open space no greater than 5,000 square feet one-quarter
(1/4) acre, providing this land clearing is not cumulatively over 5,000
square feet. For purposes of (b)(4), cumulative means any time after the
enactment of the provision: (insert date). Land clearing in this context is
tree removal that results in loss of contiguous tree canopy. 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.”
The following invasive exotic species are not required to be shown on proposed development plans, regardless of size. These species cannot be planted to satisfy any Town landscaping requirements and are recommended for removal and replacement, should they be identified on developing property:
Acer platanoides (Norway Maple)
Alianthus altissima (Tree of Heaven)
Albizia julibrissin (Mimosa)
Broussonetia papyrifera (Paper Mulberry)
Melia azadarach (Chinaberry)
Morus alba (White Mulberry)
Paulownia tomentosa (Princess Tree)
Populus alba (White Poplar)
Pyrus calleryana (Callery/Bradford Pear)
Quercus accutissima (Sawtooth Oak)
Ulmus pumilia (Siberian Elm)
With the
exception of invasive exotic species listed above, A a specimen
tree is any healthy living Pine tree that has a trunk diameter of 18
inches or more, or any other species that:
(1) has
a trunk diameter at breast height (DBH) of 18 12 inches or more;
or
(2) a trunk DBH of 12 6 inches or more in the case
of North Carolina native the following species from the
following genera:
Aesculus (Buckeye)
Amelanchier (Serviceberry)
Asimina (Pawpaw)
Carpinus (Hornbeam)
Cercis (Redbud)
Chionanthus (Fringetree)
Cornus (Dogwood)
Crataegus (Hawthorn)
Diospyros (Persimmon)
Fagus (Beech)
Halesia (Silverbell)
Hamamelis (Witch-hazel)
Ilex spp.
(Holly)
Juniperus (Cedar)
Magnolia spp.
Ostrya (Hophornbeam)
Oxydendrum (Sourwood)
Sassafras (Sassafras)
Tsuga spp.
(Hemlock)
With the
exception of previously listed invasive exotic species, A a rare
tree is any healthy living Pine tree that has a trunk diameter of 36
inches or more, or any other species that:
(1) has
a trunk diameter at breast height (DBH) of 36 24 inches or more;
or
(2) a trunk DBH of 18 12 inches or more in the
case of North Carolina native species from the following species
genera:
Aesculus (Buckeye)
Amelanchier (Serviceberry)
Asimina (Pawpaw)
Karpinus (Hornbeam)
Cercis (Redbud)
Chionanthus (Fringetree)
Cornus (Dogwood)
Crataegus (Hawthorn)
Diospyros (Persimmon)
Fagus (Beech)
Halesia (Silverbell)
Hamamelis (Witch-hazel)
Ilex spp.
(Holly)
Juniperus (Cedar)
Magnolia spp.
Ostrya (Hophornbeam)
Oxydendrum (Sourwood)
Sassafras (Sassafras)
Tsuga spp.
(Hemlock); or
(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.”
Section 3. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 4. That these amendments shall become effective upon enactment.
This the ___ day of ______, 2007.