Sec. 9.6. Street Trees

9.6.1. Applicability

A. All development 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 be conducted in accordance with this section except that additions to existing residential buildings on single-family 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. residential lots of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. recorded Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. prior to June 28, 1999, shall be exempt from the provisions of this section.

B. In the Rural Tier, residential development 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 the RR District shall be exempt from the provisions of this section except for conservation subdivisions 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..

9.6.2. Required Street Trees

A. Street Trees in Districts other than SRP-C (County Only), CI or Design Districts

1. Number of Trees

Trees shall either be retained or planted such that there is an average of at least one street tree for every 40 feet of street frontage The boundary of a property adjacent to one side of a street. along the sides of all existing and proposed rights-of-way (except alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.), and private street easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes.. If understory trees are planted, then the average shall be at least one understory street tree for every 30 feet of street frontage The boundary of a property adjacent to one side of a street. along the sides of all existing and proposed rights-of-way (except alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.), and private street easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

2. Location

a. New Streets

For new streets and extensions of existing streets, street trees shall be located in the right-of-way or street easement. The Public Works Director in consultation with the City Transportation Director or City Urban Forestry Division, as applicable, or NCDOT, as appropriate, may require an alternate location due to conflicts with existing utilities.

(1) Planting location within right-of-way 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. or street easement 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 pursuant to street cross-sections within the Public Works Reference Guide for Development 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..

(2) Planting and species requirements shall be pursuant to this Ordinance and the Durham Landscape Manual.

b.     All Other Locations

(1) Street trees shall be located within 10 feet of the right-of-way 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. or street easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. and in a street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.. In the Suburban and Rural Tiers, street trees located within four feet of street right-of-way 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. require approval from the City Public Works Director in consultation with the City Transportation Director or City Urban Forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. Division, as applicable, or the NCDOT, or designees, as appropriate.

(2) Street trees can be planted in the right-of-way 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. or street easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. under the following conditions:

(a) The City Public Works Director in consultation with the City Transportation Director or City Urban Forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. Division, as applicable, or the NCDOT, or designees, as appropriate, authorize their location in a right-of-way 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) If the trees are existing trees, the tree protection zone 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. outside of the right-of-way 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. is protected; and

(c) There is no conflict with public utilities A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility..

3. Separation Requirements

The location of street trees can be varied, as long as the separation between each tree does not exceed 100 feet, measured between the centerline of each trunk. If existing obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream., access points, or sight distance triangles prevent compliance with the maximum separation requirement, the separation can exceed the maximum only to the extent necessary to avoid the obstruction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream., access point, or sight distance triangle.

B. Street Trees in the SRP-C District (County Only), CI District, and Design Districts

Street trees shall be provided pursuant to Sec. 16.4, Streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. Standards.

9.6.3. Credit for Existing Trees

A. Developers 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. can use existing trees to meet the requirements of this section, as long as existing trees are protected in accordance with the standards of paragraph 8.3.2, Protection of Existing Vegetation. However, the amount of required trees pursuant to paragraph 9.6.2A.1 shall apply regardless of the credit received for the use of existing trees.

B. Trees preserved to meet other requirements of this Ordinance can be used to meet the requirements of this section as well, provided they meet the minimum size and location requirements of this section.

C. Trees located in a side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. behind the front building line The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building. or located behind any portion of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. cannot be used for credit.

9.6.4. Street Tree Installation

A. Required street trees shall be clearly noted on any site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., minor, or final plat The final map of all or a portion of a subdivision which is presented for final approval..

B. Street trees shall be at least two and one-half inch caliper 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..

C. A contiguous growing area without encroachments When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. shall be provided for each tree as specified in the Landscape Manual. Alternative systems to satisfy growing area requirements, such as critical root path systems, can be utilized as specified within the Landscape Manual.

D. Planting location shall take into consideration any roadway widening identified on approved transportation plans but not provided by the development 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..

E. Required street trees shall be planted before a Certificate of Compliance 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 postponed to the appropriate season in accordance with the requirements of paragraph 9.11.2, Extensions for All Other Development 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..

F. (County Only) In the SRP-C District, a suspended sidewalk system over street tree planting pits can be utilized to maximize useable sidewalk area.