Agenda - Planning Commission - 07/10/2008

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The Chapel Hill Tree Protection Ordinance requires the identification and protection of trees and other vegetation from incompatible development. tion regulations based Or) the recommenda- tion of the Tree Protection Task Force. The task force was created, in part, to respond to developers' unsuccessful efforts to design around trees and protect them during con- struction. The developers were protecting tree trunks withouttaking appropriate measures to also protect the root zones from com- paction during construction. Consequently, trees "saved" during construction were dying within a few years after building occupancy. The resulting Tree Protection Ordinance required the identification of rare and speci- men trees as well as the preparation of a landscape protection plan that distinguished tree protection zones for most development projects. An urban forester position was cre- ated in the early 1990S to help implement the ordinance. In 2003, the city enacted its Land Use Management Ordinance, which included the Tree Protection Ordinance. At that time, tree protection requirements were expanded to regulate certain single- or two-family dwelling projects. The purpose of the ordinance is five-fold: . to regulate the protection, installation, removal, and long-term management of trees, shrubs, and soils; . to encourage the proper protection and maintenance of existing trees, shrubs, and soils on all public and some private lands; . to charge the town manager to prescribe procedures for the proper protection, installa- tion, and long-term management of land- scape elements on all developing, all public, and some private lands; . to establish a system of permits to assure the correct planting, maintenance, protection, and removal of trees and soil on public and private property; and . to establish penalties for violation of its provisions. The tree Protection Ordinance requires the identification and protection of trees and other vegetation from incompatible development, describes which trees require protection (e.g., all trees at least 18 inches 76 in diamete.r or uncommon species such as the longleaf pine or live oak) and how the critical root zones and other features should be protected, including lot layout, building or paved surface placement, or location of utilities. Fencing is used to protect vegeta- tion during all construction activities, as well as right-of-way clearing during the subdivi- sion process. The ordinance also outlines plans for tree plantings and maintenance to be performed by the town. In order to accomplish these goals, the ordinance requires an approved landscape pro- tection plan and a preconstruction conference with the town staff prior to any site develop- ment. Pennit applicants must prepare a land- scape protection plan and get it approved before a zoning compliance permit will be issued. A certified landscape protection supervi- sor is designated to be responsible for supervis- ing all construction activities on nonresidential and multifamily residential sites. Once the zoning and building permits are issued and the tree protection fence installed, the landscape protection supervi- sor, usually a landscape architect or urban forester, has to inspect and approve the fence before any work or site disturbance can start. Throughout the construction process, the supervisor regularly inspects the site to ensure that fences remain in place and vertical and that the tree protec- tion area is not violated. Ifthere are viola- " '~',~, RfsOURCESON'llNE" "'::~"-.:::~ APA maintains a project website at www.planning.org/forestryjindex.htm. . where you can find resources related to the project described in this article. Included within the site is a page of case study resources, with active links to local ordinances, plans and plan elements, program descriptions, and guidelines for best practices from all ofthe communities examined. tions; the town may issue a stop-work order Dr levy fines. Landscape protection plans are also required for new construction or for the expansion of single- or two-family dwellings when renovations require a building permit and cause a land disturbance of 5,000 square feet or more. In addition, develop- ment activities on or adjacent to public land, including construction, tunnel excavation, or utility or pavement repair require the approval ofthe town manager and a land- scape protection plan. Because the number of buildab\e lots within town limits is shrinking, the focus in Chapel Kill is now on infill development and redevelopment. As a result, the town council is considering additional ways to protect trees on existing single-family lots. The council endorsed in 2006 the idea of expanding cur- rent tree protection regulations and is consid- ering adopting a vision statement calling for no net loss of canopy cover and an increase in trees proportional to population growth.. URBANA, ILLINOIS The Arbor Day Foundation, in cooperation with the USDA Forest Service and the ZONING PRACTICE 6.08 AMERICAN PLANNING ASSOCIATION I page 4