Sec. 8.3. Tree Protection and Tree Coverage

8.3.1. Tree Coverage Standards

A. Purpose

The primary purpose of the tree coverage standards is the preservation and maintenance of undisturbed tree cover and the provision of replacement tree cover on developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. sites in the Urban and Suburban Tiers. Tree coverage serves to reduce glare, noise, air pollution, and soil erosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof.; to moderate temperatures; to reduce stormwater runoffClosed The direct runoff of water resulting from precipitation in any form.; to preserve remnants of Durham's native ecology; to provide habitat for native plants and wildlife; to provide a healthy living environment; and to make Durham County a more attractive place to live.

B. Applicability

1. Tree coverage standards shall be applied in the Urban and Suburban Tiers, and in the Compact Neighborhood Tier on sites not zoned Design District.

2. Except for trees required on individual lots per paragraphs 8.3.1C.4.c(1)(d) and 8.3.1C.4.d(2), developmentsClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of less than two acres in size or not utilizing mass gradingClosed The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. shall be exempt from tree coverage requirements.

3. Additions to existing residential structures, excluding multiplexes and apartments, are exempt from tree coverage requirements.

C. Tree Coverage

1. New developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall include tree coverage areas on a portion of the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit..

2. Site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for additions to developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall provide tree coverage as a percentage of the area proposed for disturbance, unless tree coverage in an amount consistent with the required amounts of this Ordinance was provided on the original site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for the original developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

3. Locations

a. Tree coverage areas in new subdivisionsClosed All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. shall be located in common open spaceClosed Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. or buffers required by other provisions of this Ordinance, except that new subdivisionsClosed All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. without buffers that make payment in lieu of required open spaceClosed Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction. under paragraph 7.2.2, Required Open Space, can locate tree coverage areas on private lots or as otherwise specified below.

b. Any forested land in the floodwayClosed The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot., non-encroachment areaClosed The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., floodway fringeClosed The portion of the Special Flood Hazard Area that is outside of the Floodway., non-encroachment area fringeClosed The area within the special flood hazard area that is adjacent to, but not within, the non-encroachment area and is within the 100 year floodplain and is inundated by the base flood., or Areas of Shallow Flooding ZoneClosed A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.e AO) (unless proposed to be filled or developedClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in accordance with paragraph 8.4.4, Development in Special Flood Hazard Areas and Future Conditions Flood Hazard Areas), preserved wetlandsClosed An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. and wetlandClosed An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. buffers, steep slope areas, riparian buffers, Durham Natural InventoryClosed See "Durham Inventory." Sites, Major Transportation Corridor (MTC) buffers, and any portion of the tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. left undisturbed that satisfies the minimum size requirements established in paragraph 8.3.1D , Preserved Tree Coverage below, can be used as tree cover.

4. Tree Coverage Amount

a. Tree coverage standards can be met either by preserving existing trees on the site, by planting replacement trees, or a combination of both, as required below.

b. The percentage of a tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. or phase which shall have tree coverage is as indicated below. The total tree coverage area shown reflects the addition of replacement tree coverage area to the preserved tree coverage area shown. For certain calculation exclusions in paragraph 8.3.1C.5, Tree Coverage Calculation Exclusions, the total required tree coverage may be adjusted.

c. Suburban Tier

(1) Residential DevelopmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.

(a) A minimum of 20% preserved tree coverage shall be required for any phase that does not exceed 35 acres, or if the overall developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. qualifies as one of the following:

(i) An overall developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that provides affordable housing utilizing Sec. 6.6, Affordable Housing Bonus, or an approved Low-Income Housing Tax Credit (LIHTC) developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

(ii) An overall developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that provides at least 10% of the dwelling unitsClosed A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. as affordable dwelling unitsClosed A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., rental or for sale, at no more than 80% Area Median Income (AMI)Closed Income thresholds established by the United States Housing Department of Housing and Urban Development (HUD) based on median income for households in metropolitan areas, adjusted for family size, to determine eligibility for a variety of housing programs.. All other provisions of an affordable housing dwelling unitClosed A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department., as defined in Sec. 17.3, Defined Terms, shall apply.

(iii) An overall developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that provides at least three different housing types, with each housing type consisting of at least 20% of the overall number of units of the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. The housing type mix shall be as follows:

a. One of the housing types shall be Apartments or Multiplex.

b. The other two housing types shall be at the discretion of the applicant.

(iv) An overall developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site that provides double the minimum riparian buffers (i.e., if the streamClosed A body of concentrated flowing water in a natural low area or natural channel on the land surface. requires a 50-foot bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., then 100 feet is provided; if the streamClosed A body of concentrated flowing water in a natural low area or natural channel on the land surface. requires a 150-foot bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., then 300 feet is provided).

(v) In addition to the environmental protections already required elsewhere in this Ordinance: an overall developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that provides a minimum 50-foot wide natural, undisturbed wildlife corridor that is maintained through the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site and connects to neighboring, undisturbed natural areas, or tree preservation areas, on adjoining properties. The wildlife corridor shall be protected in accordance with paragraph 7.2.5C.1.

(b) If 20% tree preservation cannot be satisfied with existing on-site vegetation pursuant to paragraphs 8.3.1D, Preserved Tree Coverage, and 8.3.1C.3.b above, then the tree coverage percentages within the table below shall be required.

Preserved Tree Coverage Area (%)

Total Tree Coverage Area Required (%)

At least 15 but less than 20

28

At least 10 but less than 15

29

Less than 10

30

(c) For a phase of a developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that exceeds 35 acres and the overall developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. does not qualify under paragraph 8.3.1.C.4.c.(1)(a) above, then a minimum of 30% preserved tree coverage shall be required for that phase. If that amount cannot be satisfied with existing on-site vegetation pursuant to paragraphs 8.3.1D, Preserved Tree Coverage, and 8.3.1C.3.b above, then the tree coverage percentages within the table below shall be required.

Preserved Tree Coverage Area (%)

Total Tree Coverage Area Required (%)

At least 25 but less than 30

33

At least 15 but less than 25

34

Less than 15

35

(d) Required Trees on Individual Residential Lots

(i) In addition to street tree requirements pursuant to Sec. 9.6, Street Trees, an existing tree shall be retained, or a new tree planted, prior to receiving a certificate of complianceClosed A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. for a new primary structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. on a single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-familyClosed A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. residential lot.

(ii) A planted tree shall be an allowable canopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. or understory tree pursuant to the Durham Landscape Manual and comply with the minimum planting area.

(2) Nonresidential DevelopmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.

A minimum of 10% preserved tree coverage shall be required. If that amount cannot be satisfied with existing on-site vegetation pursuant to paragraphs 8.3.1D, Preserved Tree Coverage, and 8.3.1C.3.b above, then the tree coverage percentages within the table below shall be required.

Preserved Tree Coverage Area (%)

Total Tree Coverage Area Required (%)

At least 8 but less than 10

13

At least 6 but less than 8

14

Less than 6

15

 

d. Urban and Compact Neighborhood Tiers

(1) Residential developmentsClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in residential districtsClosed Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. shall provide a minimum seven percent preserved tree coverage. If that amount cannot be satisfied pursuant to paragraphs 8.3.1D, Preserved Tree Coverage, Preserved Tree Coverage, and 8.3.1C.3.b above, then the tree coverage percentages within the table below shall be required.

Preserved Tree Coverage Area (%)

Total Tree Coverage Area Required (%)

At least 5 but less than 7

8

At least 3 but less than 5

9

Less than 3

10

(2) Required Trees on Individual Residential Lots

(a) In addition to street tree requirements pursuant to Sec. 9.6, Street Trees, an existing tree shall be retained, or a new tree planted, prior to receiving a certificate of complianceClosed A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. for a new primary structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. on a single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-familyClosed A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. residential lot.

(b) A planted tree shall be an allowable canopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. or understory tree pursuant to the Durham Landscape Manual and comply with the minimum planting area.

(3) Single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-familyClosed A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. residential developmentsClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. required to meet standards under Sec. 6.8, Infill Development in Residential Districts, shall meet the standards of that section in lieu of the requirements in paragraphs (1) and (2) above.

(4) All other developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall provide a minimum of three percent tree coverage.

e. (County Only) SRP-C District

A minimum of three percent tree coverage is required, and can be provided anywhere within the contiguous zoning area.

5. Tree Coverage Calculation Exclusions

a. For the purposes of calculating tree coverage requirements, the following shall be excluded from the total area of the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit.:

(1) The water surface area of ponds, lakes and other water bodies (excluding stormwaterClosed The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control structures).

(2) Right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. dedicationClosed The transfer without payment of ownership or other interest in real property from a private entity to a public agency. for the widening of existing roadClosed See “Street, Public” and “Street, Private.” right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

b. Utility Easements (City Only)

(1) The exclusion shall only apply to single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-familyClosed A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. residential developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. for the area within a utility easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. of record (power, gas, water, or sewer) that measures at least 50 feet in width and exists at the time of application submittal.

(2) The exclusion shall only be applied to the area calculation for replacement tree coverage and shall allow for adjustment to the overall tree coverage percentage requirement to accommodate the exclusion.

Example:  An application requires tree coverage for a 100-acre developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit., with five acres within a qualifying easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes.. Per the table in paragraph 8.3.1C.4.a, Suburban Tier, 15% is proposed for tree preservation, therefore requiring eight percent for tree replacement for a total of 23% tree coverage. The exclusion shall be applied as follows:

(i) 15% of 100 acres = 15 acres for tree preservation

(ii) Eight percent of 95 acres (5 acres removed from the 100 acres) = 7.6 acres

(iii) The total tree coverage required = 22.6 acres, or 22.6% (adjusted from the original 23% requirement to accommodate the exclusion)

6. Tree preservation and tree replacement areas shall be shown on all preliminary platsClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review., final platsClosed A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans in order to clearly assign tree replacement responsibility to future ownersClosed Any person having charge of any real property according to the records held by the Register of Deeds.. Tree preservation and tree replacement areas on any individual lot shall be clearly shown on all plot plans for the lot.

7. Property ownersClosed Any person having charge of any real property according to the records held by the Register of Deeds. shall be responsible for protecting and preserving tree preservation and tree replacement areas during and after the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. process in accordance with standard horticultural practice and paragraph 8.3.2, Protection of Existing Vegetation.

8. Landscaping Credit

Trees can satisfy both tree coverage requirements, and landscaping and buffering requirements within Article 9, Landscaping and Buffers, as applicable, as along as all applicable standards can be met.

D. Preserved Tree Coverage

Areas proposed as tree preservation shall meet the following requirements to satisfy the tree coverage standards in paragraph 8.3.1, Tree Coverage and Protection Standards:

1. The provisions of paragraph 8.3.2, Protection of Existing Vegetation, shall be fulfilled.

2. Tree preservation areas shall be located in the areas listed in paragraph 8.3.1, Tree Coverage Standards, above. Additional tree preservation areas can be located outside of these areas, in which case they shall be located in order to preserve major specimen trees and to preserve clusters of trees.

3. Clusters of Trees

a. The tree coverage area for a cluster of trees shall be determined by the exterior boundary of the total tree protection zonesClosed The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. for all of the trees in the cluster.

b. For parcelsClosed See “Lot of record.” greater than one acre, no tree preservation area for a cluster of trees shall be counted toward meeting the tree coverage standard unless it includes a minimum of 1,000 square feet (or such smaller area as required by paragraph 8.3.1C.4 above) and has no individual dimension of less than 13 feet. The area protected shall include the entire tree protection zoneClosed The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. of the tree cluster, and adequate tree protection measures, as defined in paragraph 8.3.2, Protection of Existing Vegetation, shall be taken during the construction and gradingClosed A land disturbing activity that modifies the contours of the land. of the project.

c. For parcelsClosed See “Lot of record.” one acre or less, no single tree preservation area for a cluster of trees shall be counted toward meeting the tree coverage standard unless it includes a minimum of 500 square feet (or such smaller area as required by paragraph 8.3.1C.4 above) and has no individual dimension less than 13 feet.

d. At least 60% of the tree coverage included within any tree preservation area shall be composed of trees with at least a one inch dbh as determined through use of landscape sampling pursuant to paragraph 9.3.3, Sampling.

e. At least 75% of the tree protection zoneClosed The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. for trees within the cluster measuring at least six inches dbh shall remain undisturbed for it to be considered a protected cluster. Root zones extending into rights-of-way shall be considered disturbed areas, unless legally binding protections are placed upon those areas.

4. Individual Trees

a. The tree coverage area for an individual tree shall be determined by the tree's tree protection zone.

b. At least 75% of the tree protection zoneClosed The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. for an individual tree shall remain undisturbed in order for that tree to count as preserved. Root zones extending into rights-of-way shall be considered disturbed areas, unless legally binding protections are placed upon those areas.

c. An individual tree can be counted toward tree coverage credit, provided that its diameter is six inches dbh or greater.

5. Construction in Preserved Tree Coverage Area.
a. Preserved tree coverage areas shall not be disturbed, except the following:

(1) Unpaved walking paths and foot trails constructed with minimal disturbance of tree roots and existing vegetation. No tree six inches dbh or greater shall be removed for the construction of the trail.

(2) Paved trails that are public trails and are shown on the most recent version of the Durham Trails and Greenways Master Plan. In no case shall the clearing of the trail corridor exceed 16 feet in width.

(3) Amenity areas containing such items as picnic tables and benches provided that such areas are unpaved and no larger than 200 square feet or 10% of the tree coverage area, whichever is smaller. No tree six inches dbh or greater shall be removed for the construction of an amenity area.

b. All buildings, utilities, and stormwaterClosed The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. facilities shall be set back at least 10 feet from the edge of any preserved tree coverage area. No easementsClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., except conservation, greenway, and landscape easementsClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., shall be included within a tree coverage area.

E. Replacement Tree Coverage

Areas proposed as tree replacement shall meet the following requirements to satisfy the standards found in paragraph 8.3.1C, Tree Coverage:

1. For parcelsClosed See “Lot of record.” greater than one acre, no tree replacement area shall be counted toward meeting the tree coverage standard unless it includes a minimum of 1,000 square feet (or such smaller area as required by paragraph 8.3.1C.4 above) and has no individual dimension of less than 25 feet.

2. For parcelsClosed See “Lot of record.” one acre or less, no tree replacement area shall be counted toward meeting the tree coverage standard unless it includes a minimum of 500 square feet (or such smaller area as required by paragraph 8.3.1C.4 above) and has no individual dimension less than 15 feet.

3. When replacement trees are provided in order to satisfy the requirements of paragraph 8.3.1C, Tree Coverage, coverage credit shall be accrued in accordance with the following table with credit calculated based on the required planting area for the proposed trees.

Hardwood CaliperClosed The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers.
(inches)

Non-Hardwood Height
(feet)

Credit
(square feet)

4

18 or over

275

3½

16 to 18

250

3

14 to 16

225

2½

12 to 14

200

2

10 to 12

175

1½

8 to 10

150

1

7 to 8

100

0.75

5 to 7

75

Less than 0.75

Less than 5

No credit

Example:  Ten trees at 2½-inch caliperClosed The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. require 2,000 square feet of planting area (10 X 200 = 2,000), and provide 2,000 square feet of replacement tree credits.

4. At least 50% of replacement trees shall be one-inch caliperClosed The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. or greater.

5. All tree species shall be native to the North Carolina Piedmont region. A minimum of 50% of replacement trees shall be hardwood canopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. species. The remainder of the replacement trees shall be a mix of understory hardwood and non-hardwood species, as long as no more than 50% of this remainder is pines.

6. Replacement trees shall be provided as a mix of species, in accordance with the standards set in paragraph 9.2.3B.6, Mixing of Tree Species, and shall consist of species allowed for “Tree Coverage” in tables 1A through 1H within the Landscape Manual for Durham, North Carolina.

7. One-hundred percent of the replacement trees planted to augment preserved tree coverage clusters pursuant to paragraph 8.3.1D.3, Clusters of Trees, shall be native understory hardwoods of one inch caliperClosed The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. or greater.

8. Areas designated as replacement tree coverage shall be subject to the use limitations imposed on preserved tree coverage in paragraph 8.3.1D.5, Construction in Preserved Tree Coverage Areas, except that stormwaterClosed The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control measures designed as bioretention facilities shall be allowed.

9. Replacement trees shall be planted before any Certificate of ComplianceClosed A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. is issued, unless the planting has been deferred to an appropriate season in accordance with the requirements of paragraph 9.11.2, Extensions for All Other Development.

8.3.2. Protection of Existing Vegetation

Any trees preserved on a developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. in order to meet Ordinance requirements or otherwise indicated to be preserved shall meet the following protection standards.

A. Protection measures to be used during gradingClosed A land disturbing activity that modifies the contours of the land. and construction, including details of the tree protection fence(s) and its location(s), shall be shown on the site, landscape, gradingClosed A land disturbing activity that modifies the contours of the land., utility, demolition, and erosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control plans.

B. Tree protection zonesClosed The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. shall be established around all trees to be preserved. The tree protection zoneClosed The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. shall either be a six-foot radius around the tree or a one-foot radius for every inch of tree dbh, whichever is greater.

C. A tree protection fence constructed of a material resistant to degradation by sun, wind, and moisture for the duration of the construction, shall be installed at the same time as the erosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control measures, and shall remain in place until all construction is complete. Such fencing shall be mounted on metal posts placed no further than ten feet apart. Silt fencing shall not serve as tree protection fencing.

D. At the start of gradingClosed A land disturbing activity that modifies the contours of the land. involving the lowering of the existing gradeClosed A land disturbing activity that modifies the contours of the land. around a tree or stripping of topsoil, a clean, sharp, vertical cut shall be made at the edge of the tree save area at the same time as other erosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control measures are installed. Tree protection fencing shall be installed on the side of this cut farthest away from the tree trunk. This procedure shall be incorporated as a note on the gradingClosed A land disturbing activity that modifies the contours of the land. and erosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control plans.

E. No storage of materials, dumping of wasteClosed As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. materials, fill, or parking of equipment shall be allowed within the tree protection zoneClosed The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh., and no trespassing shall be allowed within the boundary of the tree protection zoneClosed The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh., and shall be so noted on the gradingClosed A land disturbing activity that modifies the contours of the land. and erosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control plans and posted at each end of the tree protection fence with perimeter signsClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. spaced a maximum of 100 feet on center thereafter. Each signClosed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall read “no trespassing/tree protection area” and “prohibido entrar/zona protectora para los arboles”.

8.3.3. Tree Survey

A. Purpose

The primary purpose of the tree survey requirements is to provide better information about the presence and location of significant trees on sites proposed for developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. This information is needed before plans for developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. are so far advanced that it is unreasonable and impractical to modify the plans to protect the trees identified on the tree survey. Knowing the location and size of major specimen trees helps the staff and governing body evaluate possible modifications to the proposed plans to preserve significant trees and improve the appearance of proposed developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

B. Land Disturbance Tree Survey

1. A land disturbance tree survey shall be required for any area for which the limits of disturbance are within 30 feet of a preserved tree coverage area, floodplain, steep slope area, riparian bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., required landscape bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., inventory site, wetlandClosed An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies., or conservation area.

2. The land disturbance tree survey shall show the specific location, species, size and tree protection zoneClosed The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. of any tree(s) six inches dbh or greater that is within 30 feet of any area proposed for disturbance, and meets the qualifications in the above paragraph.

3. The land disturbance tree survey shall be shown on all site, gradingClosed A land disturbing activity that modifies the contours of the land., and erosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control plans, as well as preliminary platsClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review..

4. The survey shall be prepared in accordance with paragraph 9.2.4, Landscape Plans and Surveys.

8.3.4. Clear-Cutting

A. Standard

Properties shall not be clear-cut during the conduct of forestryClosed The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. activities. To maintain the visual character of the site from adjoining properties and right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., a vegetated perimeter bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be maintained while tree harvesting for forestryClosed The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. occurs. A 32-foot wide bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. of naturally existing vegetation shall be maintained along all boundaries of the property being forested that adjoin other properties. Along public rights-of-way, a 50-foot bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. of naturally existing vegetation shall be maintained, exclusive of areas required for access to the site.

B. Penalties

1. City

Site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. proposing developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of properties on which all or substantially all of the trees protected in a 32-foot bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. required under this section, a 50-foot bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. required under this section, or both, are removed shall be denied for a period of three years from the date of removal or five years from the date of removal if removal is a willful violationClosed The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of this section.

2. County

Site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. proposing developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of properties on which all or substantially all of the trees protected in a 32-foot bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. required under this section, a 50-foot bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. required under this section, or both, are removed shall be denied for a period of three years from the date of removal.

8.3.5. Major Specimen Trees

A. A major specimen tree shall be defined pursuant to Sec. 17.3, Defined Terms.

B. Major specimen trees that are saved and protected under the requirements of paragraph 8.3.2 shall be granted tree coverage credit at one and one-half times the size of the tree protection zoneClosed The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh.. Major specimen trees that are located in the floodwayClosed The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot., non-encroachment areaClosed The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., floodway fringeClosed The portion of the Special Flood Hazard Area that is outside of the Floodway., non-encroachment area fringeClosed The area within the special flood hazard area that is adjacent to, but not within, the non-encroachment area and is within the 100 year floodplain and is inundated by the base flood., or Areas of Shallow Flooding ZoneClosed A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.e AO) (unless proposed to be filled or developedClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in accordance with paragraph 8.4.4, Development in Special Flood Hazard Areas and Future Conditions Flood Hazard Areas), preserved wetlandsClosed An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. and wetlandClosed An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. buffers, steep slope areas, riparian buffers, Major Transportation Corridor (MTC) buffers, and Durham Natural InventoryClosed See "Durham Inventory." Sites are not eligible for additional credit as described above.

C. In order to receive additional credit for major specimen trees majorClosed Any evergreen canopy tree 18 inches dbh or greater, any deciduous canopy tree 12 inches dbh or greater and any understory tree (deciduous or evergreen) eight inches dbh or greater, except any tree listed as a nonnative invasive plant by the U.S. Forest Service or prohibited pursuant to the Landscape Manual for Durham, North Carolina, also referred to as the Landscape Manual .jor specimen tree survey shall be required showing specific location, species, size, and tree protection zoneClosed The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. of all major specimen trees to be saved. This survey shall be included on all site, landscape, gradingClosed A land disturbing activity that modifies the contours of the land., utility, demolition, and erosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control plans.