Orange County NC Website
Approved 12.4.24 <br />Cy Stober: It's very difficult to enforce that narrow, that small of a DBH for us as staff. To get to Perdita's 985 <br />earlier point of going out for the pine straw, for staff to go out and measure 1-foot DBH is a much 986 <br />greater challenge than 2 feet because those are much more obvious. 987 <br /> 988 <br />Lamar Proctor: My concern on that is just doing some research as to DBH and different types of trees, the DBH 989 <br />has to be factored in with the growth rate of the tree. But just for example, a red maple with a 990 <br />DBH of a foot is a 37-year-old tree, so I mean my concern is, and I understand, now that I 991 <br />understand the rationale that it's a time-intensive thing for staff, but I think raising that from 1 foot 992 <br />to 2 feet, you're only preserving trees that are like 70 or 80 years old, and you're cutting down 993 <br />trees that are 30 to 50 years old, depending on the tree. The trees have different growth rates, so 994 <br />in terms of preserving native healthy trees that form an integral part of our ecosystem, I would 995 <br />oppose increasing that to 24. I would keep it at 1 foot. Or somewhere in between. 996 <br /> 997 <br />Charity Kirk: Eighteen inches? 998 <br /> 999 <br />Lamar Proctor: I don't know how much time goes into measuring these things or evaluating in these buffer zones 1000 <br />the tree sizes and all that. I mean, just sitting here thinking about it, it does seem a rather labor-1001 <br />intensive process, but I don't know if you can give me some examples. 1002 <br /> 1003 <br />Cy Stober: I can. Other than anecdotes of staff of going out to sites and going, oof, okay. So that was the 1004 <br />response, and this is a reactive amendment. It's again addressing the enforceability of the 1005 <br />ordinance. But to get to look at the consistency with our comprehensive plan, to your point, Mr. 1006 <br />Proctor, I could see why there would be other goals and objectives that are in that comp plan that 1007 <br />would be underserved by reducing this. So, you're not going to hurt our feelings, but it is a 1008 <br />formidable challenge to enforce the 1-foot DBH. 1009 <br /> 1010 <br />Charity Kirk: Would 18 inches be easier to enforce? 1011 <br /> 1012 <br />Cy Stober: Probably. Just either way we're going to have to get used to a new standard if we change it. 1013 <br />There was not a scientific process to this. We did not do a lot of research on this. It sounds like 1014 <br />Lamar has done more research than most of my staff, other than perhaps Patrick. 1015 <br /> 1016 <br />Lamar Proctor: Well, if y'all name a tree I can tell you how approximately, according to these calculations, how old 1017 <br />it is based on 1 foot or a 2 foot. 1018 <br /> 1019 <br />Cy Stober: I will also add to this point, if it is a point of concern, while it is a difficult matter to enforce, it is not 1020 <br />creating massive headaches for us as staff. It is not a formidable challenge; it is more about the 1021 <br />clarity of what a 2-foot DBH tree is versus a 1 foot, and we can move forward in either way. 1022 <br /> 1023 <br />Chris Johnston: And to confirm, staff is doing this; it's not the applicant who then goes through and provides these 1024 <br />numbers. Correct? 1025 <br /> 1026 <br />Cy Stober: In an ideal world, it would be the latter. It is more often than not the staff. 1027 <br /> 1028 <br />Chris Johnston: Sure. 1029 <br /> 1030 <br />Charity Kirk: Do staff mark the trees that can't be removed? 1031 <br /> 1032 <br />Cy Stober: So, we would if we have an enforcement matter or if we have a complaint or if we know of existing 1033 <br />legacy trees, say, in a zoning matter, or special use matter, that have been identified on the site 1034 <br />plan. We had one just recently that was a bizarre geometry and has a number of larger older 1035 <br />trees on a commercial property with light warehousing, but the trees overhang all the warehouses. 1036 <br />They're right on the property line, et cetera, et cetera. We did indeed go out onto the property and 1037 <br />say, okay, they are there. We are good. And we moved on. And they were identified on the site 1038 <br />plan, per the ordinance. And if you want credit for them, then you have to identify these, and we 1039