Orange County NC Website
(a) Primary Tree Protection Area. That portion of a lot which is to be used for <br />required recreation /open space area; front, side and rear yard setback <br />areas: and Land Use Buffers as required by this Ordinance. If no side <br />and /or rear setbacks are required, the Primary Tree Protection Area shall <br />be ten (10) feet in width. <br />(b) Secondary Tree Protection Area. Any portion of a lot not included within the <br />Primary Tree Protection Area. <br />12.2.3 Exceptions <br />Upon site plan approval trees may be removed only from designated vehicular <br />surface areas and utility and /or storm water drainage easements. <br />In cases where retention of existing trees would create unusual hardship or <br />development problems in building sites, recreation /open space, setback and /or <br />buffer areas, the Planning Director shall determine when such hardships exist <br />and may designate areas that may be exempt from tree protection and may <br />approve replacement of trees removed from such areas. The Planning Director <br />may approve the planting of new trees if one or more of the following exists: <br />(a) Necessity to remove trees in order to survey existing and /or proposed <br />property lines and easements; <br />(b) Necessity to remove diseased trees or trees weakened by age, storm, fire, <br />or other injury; <br />(c) Necessity to remove trees in order to construct proposed improvements, as <br />a result of the need for access of construction equipment around proposed <br />buildings, the need for construction access to the lot, and the need to alter <br />the existing grade of the site or to install utilities and /or drainage structures; <br />and <br />(d) Necessity to observe good forestry practices, i.e., the number of healthy <br />trees that a given parcel of land will support. <br />All applicable exceptions to tree protection must be listed on the required <br />landscape plan. <br />12.2.4 Protective Measures <br />During construction activities, adequate protective measures shall be provided <br />to minimize damage to existing trees and other vegetation. Protective devices <br />such as a wooden or rope fence with strips of surveyor's flagging attached shall <br />be installed prior to any grading, construction traffic or activity taking place near <br />trees to be retained. Such protective devices shall effectively protect the roots, <br />trunks, and tops of trees to be retained and shall be maintained until all work has <br />been completed. <br />12 -1 -a <br />