(1)   The requirements of this article shall apply to any of the following development activities:

1.   Any major or minor subdivision of land.

2.   Removal of trees within any steep slope zone or an aquatic buffer.

1.   Any major or minor subdivision of land.

2.   New building construction.

3.   New open uses of land.

4.   Expansion of existing buildings by over 25% of the existing floor area, or 10,000 square feet, whichever is less.

5.   Expansion of open uses of land by over 25% of the existing open use area or 20,000 square feet, whichever is less.

(a)   Publicly funded transportation projects including but not limited to greenways, roads and sidewalks;

(b)   Portions of projects containing:

1.   Any existing or proposed easements, required by the utility companies or governing agency;

2.   Existing railroad rights of way or easements.

(a)   The tree canopy on a development site shall meet the applicable standards according to the site's Resource Management Overlay District, proposed land use, and the amount of tree canopy preservation, as set forth in Tables 7-19.1, 7-19.2 and 7-19.3 below. (Percentages refer to the relation of tree canopy requirement to gross site area in square feet.)

(b)   Residential subdivisions and multi-lot commercial developments may group trees in clusters throughout the development rather than meeting the canopy requirements on a lot-by-lot basis.

(c)   Trees preserved to satisfy the planting requirements of section 7-11-3 shall be permitted to satisfy the requirements of this section when such trees are existing wholly on the property and not within the public right-of- way.

(d)   All trees used to meet requirements must be healthy, non-hazardous and non-invasive.

(e)   Areas designated as tree canopy protection areas shall remain as such in perpetuity. Tree removal shall be prohibited in these areas unless otherwise permitted.

(f)   Excluded areas: Tree canopy protection areas shall not include any of the following:

(1)   Drainage easements;

(2)   Cross access easements;

(3)   Governmental and utility easements that prohibit trees;

(4)   Any easement authorizing tree disturbing activities;

(5)   Areas devoted to future transportation (including greenways) and/or stormwater infrastructure.

(g)   No structures or improvements are permitted to be installed within designated tree canopy preservation areas.

(h)   Encroachment into the critical root zone area is restricted to 20%, protecting 80% of the critical root zone and 100% of the structural root plate. See 7-11-3 Preservation and protection of existing vegetation requirements.

(a)   Any development site greater than two acres in size shall be permitted to determine the area of existing tree canopy coverage to be preserved by ground checking or aerial analysis according to the most recent data provided by the city. Tree canopy calculated by aerial analysis shall be limited to that within the boundary of the subject property. If ground checking is utilized, credit for existing trees intended to be retained may be calculated by the following methods:

(1)   Measurement of the trunk of each individual tree (i.e. a tree not grouped with other trees or a part of a forested condition) to determine its diameter at breast height (herein “DBH”) and the credit given for that tree shall be in accordance with Table 7-19.4, below. Heritage trees utilized for credit shall be allowed to count for 200% of the listed canopy value in Table 7-19.4 or measured canopy value; or

(2)   The dripline may be plotted on the site plan and tree canopy credit given for the square footage of the area within the dripline as measured using geographic information systems software; or

(3)   Measurement of the canopy of each individual tree (i.e. a tree not grouped with other trees or part of forested condition) as illustrated in Figure 7-19.1, “Calculating Tree Canopy Cover.”

(b)   For any development site two acres or less in size the area of tree canopy coverage for any group of trees to be retained in order to meet the tree canopy requirements of this Part shall be determined by ground checking. Credit for existing trees intended to be retained may be calculated in either of two ways:

(1)   Measurement of the trunk to determine its DBH and the credit given for that tree shall be in accordance with Table 7-19.4, below; or

(2)   Measurement of the canopy of each individual tree (i.e. a tree not grouped with other trees or part of forested condition) as illustrated in Figure 7-19.1, “Calculating Tree Canopy Cover.”

(c)   Trees planted within one calendar year of the date of development application shall not be included in the calculation of existing tree canopy.

(d)   The calculation must be conducted and certified by a forester, land surveyor, civil engineer, landscape architect licensed by the State of North Carolina or Arborist certified by the International Society of Arboriculture.

(1)   The tree canopy protection plan shall be drawn on a separate plan sheet in addition to all other required submissions.

(2)   The tree canopy protection plan shall show all designated tree canopy protection areas, all heritage trees within the project limits of disturbance, display the boundary of the current critical root zone (herein “CRZ”) of each individual tree or grouping of trees if CRZ overlap is present and shall identify the total site acreage as well as the protected tree canopy percentage. Boundary trees with a critical root zone that encroaches onto the subject property shall be shown and associated tree protection measures shall be employed unless such CRZ conflicts with a building envelope on the development site.

(3)   The tree canopy protection plan shall show all trees being utilized for canopy credit on the development site and all fee-in-lieu payment information in tabular form.

a.   If ground checking is utilized to calculate the tree canopy area, trees shown on the plan shall be labeled as to their diameter at breast height, average crown width and species.

b.   If aerial analysis is utilized to calculate the tree canopy area as measured using geographic information systems software, tree canopy area shall be shown, labeled and described on the plan.

(4)   Plans shall display the following required note: Areas designated as tree canopy protection areas shall remain as such in perpetuity. Tree removal shall be prohibited in these areas unless otherwise permitted.

(5)   The approved tree canopy protection plan must be recorded with the Buncombe County Register of Deeds as a plat or exhibit attached to a deed.

(6)   A copy of the recorded tree canopy protection plan shall be provided to the city prior to the issuance of the certificate of occupancy or certificate of compliance.

(1)   TCPA shall be shown on all subdivision final plats.

(2)   Plats shall display the following required note: Areas designated as tree canopy protection areas shall remain as such in perpetuity. Tree removal shall be prohibited in these areas unless otherwise permitted.

(a)   Payment may be made in lieu of compliance to fulfill the new tree canopy installation requirements for a site as found in Table 7-19.2 and 7-19.3.

(b)   Payments in lieu of compliance received in relation to properties within a given Resource Management Overlay District shall be used to acquire land and plant or preserve trees within that same Resource Management Overlay District.

(1)   Areas containing aquatic buffers.

(2)   Areas defined as steep slope zone A or B as defined by section 7-12-4.

(1)   The payment amount in lieu of planting shall be based on values listed in the current year fees and charges manual.

(1)   A permit shall be required for the following activities:

a.   The removal of any trees on properties within any steep slope zone or an aquatic buffer.

b.   The removal of any tree within an established tree canopy protection area.

a.   Fees for tree removal permit applications shall be established and listed in the current year fees and charges manual.

(1)   The applicant for a tree removal permit shall supply, at a minimum:

a.   A ground photo of the tree to be removed;

b.   A site plan showing the location of the tree to be removed;

c.   Copies of any site plans showing required tree canopy preservation area;

d.   When it is not readily and visually apparent and confirmed by the City’s Urban Forester that the tree is dead, diseased or in decline, a letter from a certified arborist recommending removal of the tree and the facts supporting that recommendation. Reasons may include but are not limited to:

1.   Trees that are dead, diseased or dying; or

2.   Trees that pose a threat to life, property or other healthy trees and shrubs per American National Standards Institute (ANSI) standards.

e.   A replanting plan showing the installation of tree canopy equivalent to that being removed as defined by Table 7-19.4.

f.   When removing a heritage tree, a replanting plan is required showing the installation of tree canopy equivalent to 200% of the canopy area being removed as defined by Table 7-19.4.

(2)   Staff shall either approve or deny the application within ten business days.

(1)   Appeals of staff decisions will be conducted as detailed in section 7-6-2.

(a)   Violations of this article shall be enforced as specified in article 18 of this chapter.

(b)   A violation of section 7-19-3(4) shall be subject to a civil penalty in the amount specified in appendix B.

(1)   In addition to any fines assessed, the violator shall install a new tree or trees with a canopy area equivalent to that which was removed as defined by Table 7-19.4.

(2)   In addition to any fines assessed, when the violation consists of the removal of a heritage tree the violator shall install a new tree or trees with a canopy equivalent to 200% of the canopy area as defined in Table Table 7-19.4.