(a) General considerations. When designing a landscape plan, please be aware of the following:
(1) Disturbance of wetland areas and vegetation is to be avoided when possible.
(2) Village approval is required for removal of any tree of three-inch caliper or greater at 48 inches above grade.
(3) A plot plan showing trees of three inches or greater diameter is required before proceeding, or those trees should be marked on the tree survey if part of new construction. (See Tree Mitigation and Review Process sections of the design standards.)
(b) Clearing, trimming and maintenance, special conditions.
(1) Vegetation salvaging. Prior to any clearing, the CRB administrator must be contacted to schedule the tagging and salvaging of critical Bald Head Island vegetation from the proposed construction area.
(2) Lot clearing for sale of property. Clearing of the entire understory or clearing for the sole purpose of selling a lot is not permitted. However, to provide ease of access, a path of 36 inches in width may be cleared as long as no trees, tree limbs or clustered growth, subject to village approval, are disturbed. Any violation due to more extensive clearing will be subject to fines and/or mitigation.
(3) Lot clearing for survey or staking. Some clearing of understory trees and shrubs may be required to prepare a site for survey or to stake the proposed building site. Permission to clear such understory trees and shrubs shall not be required by the CRB for the purpose of surveying but clearing shall be limited to vegetation less than three inches in diameter at 48 inches as measured along the trunk from ground level or any tree limb less than three inches in diameter. Any vegetation larger than this, or any vegetation that exists as clustered growth or having horizontal branching habits, must be approved for removal regardless of diameter size. Exception: it is understood that when surveying to establish the property lines of a lot, vegetation may impede the ability of the surveyor to establish a sight line. Any vegetation directly in the sight line that is less than three inches in diameter at 48 inches, as measured from the base at ground level, may be removed. CRB approval must be granted to remove any vegetation three inches or greater in the sight line. Violations of this requirement are subject to mitigation and fines.
(4) Lot clearing for any construction. All construction sites must adhere to provisions in other sections of the design standards. The intent when clearing for construction or renovation projects should be to disturb as small an area as possible. An approved site plan is required prior to any vegetation removal for construction.
(5) Understory removal. Understory should be removed only in the designated building area as shown on the approved site plan. Building materials or equipment should not be allowed to destroy remaining areas of understory or be placed near trees. All trees should be protected with fencing and this fencing must remain in place for the entire construction process.
(6) Canopy and understory trimming. Cutting and thinning should be kept to an absolute minimum.
(7) Dune vegetation. The removal of vegetation from any dune area is a critical issue. This vegetation (shrubs, grasses, or vines) holds the dunes in place preventing erosion and storm damage. Due to the wind and salt environment, most of these plants never grow large enough to be subject to approvals for trees. However, they may be covered by additional CRB approval requirements regarding limbs, clustered growth or understory.
(8) Mulch. If available, mulch used should come from the Bald Head Island mulch site or be a pre-bagged product to help control pests.
(9) Synthetic/artificial plants. Synthetic and artificial plants are not allowed.
(10) Pine straw. Pine straw is not allowed.
(11) Nothing may be affixed to a tree or vegetation.
(12) Grass. Installation of turf grass lawns is not permitted. Use of native grasses that are naturally maintained are permitted (see plant lists).
(13) Herbicides. Herbicides can damage the root zones of desirable trees and shrubs. The need for and use of herbicides may best be determined by landscape professionals.
(14) Avoid using bush-hogs when removing vegetation since it is very easy to scrape and damage desirable trees and shrubs with heavy equipment and to increase undesirable compaction and root system damage.
(15) Maintenance. All reasonable means shall be taken during and after construction to protect and preserve existing and newly installed landscape material. Maintenance, irrigation, and replacement programs are to be in place at completion of construction to ensure established landscapes.
(c) Tree and vegetation removal/mitigation.
(1) All existing trees three inches or greater in diameter, at 48 inches as measured along the trunk from the base of the tree at ground level, shall be entered on a tree survey and submitted to the CRB with proposed site plans. This survey shall depict the exact location, size and drip line or canopy line of the trees and clearly identify the trees that will be removed and the trees that will remain, along with a description of steps that will be taken to protect them. Additionally, for dune lot tree surveys, vegetation, (classified as two square feet or more of clustered growth at ground level regardless of branching habits or branch diameter) shall also be noted on the survey and if any of this type of vegetation is to be removed, it should be clearly identified.
(2) Existing trees and vegetation must be protected during construction with fencing. The fencing must remain in place throughout the entire construction process. This fencing shall be wood snow fence and protect the extents of the drip line where practicable (See Figure 21).
(3) The CRB may require a mitigation rate of up to 100% for each inch of diameter of trees or vegetation to be removed. A mitigation response needs to be determined by the CRB.
(4) All specimen trees shown on the tree survey outside of the building envelope shall be carefully protected from construction activities in any manner deemed appropriate by the CRB, including protective fencing. This fencing shall remain in place throughout the construction process (see construction/site standards).
(d) Unauthorized removal of trees and vegetation.
(1) The unauthorized removal of trees or clustered growth on any property is considered a serious event and violation. The Village of Bald Head Island Code of Ordinances restricts removal of trees and clustered growth. Failure to obtain CRB approval prior to removal may result in fines and mitigation.
(2) The Village of Bald Head Island Code of Ordinances provides that removal of any tree or trees three inches or greater in diameter at 48 inches above grade requires permission and/or a landscape permit from the village building inspector, even if the tree is determined to be dead or diseased.
(3) Per the Village of Bald Head Island Code of Ordinances, removal of branches of five inches or more in diameter also requires village approval.
(4) CRB approval is required for the removal of trees three inches in diameter; understory vegetation one inch or greater in diameter, measured 48 inches along the trunk from ground level; tree limbs of three inches or more in diameter; and clustered growth vegetation two square feet or more at ground level regardless of branching habits or diameter.
(5) Removing trees or branches without first obtaining CRB approval will result in a fine, and mitigation of the loss of trees or limbs. The Village of Bald Head Island Code of Ordinances allows the village to assess fines of $500 per inch of diameter at 48 inches above grade of the cut tree.
(6) If mitigation is required, the property owner may be required to plant a tree(s) of like kind and of the same size as the cut tree(s) within 180 days of the fine, guaranteeing the tree to survive for one year after the planting date.
(7) The building inspector must approve the location(s) of the planted tree(s). The CRB also has the discretion to require submittal of a landscaping plan.
(8) In the case of "competing trees," the building inspector shall decide which tree(s) will be removed. The removal of dead trees requires the same CRB approvals as live trees but does not require a village contractor permit. If a decision by the building inspector is disputed, the property owner must provide sufficient evidence to show the tree is dead, represents a danger to individuals or property or that the tree is diseased and will not live.
(e) Landscaping requirements for new construction and major renovation.
(1) Engage a trained landscape design professional.
(2) New construction landscape plans should utilize the proposed site plan with topographical information provided by the survey/site plan that is required for a draft level submittal.
(3) Parking and vehicular use areas shall be screened from adjacent properties and public right-of-way with existing/protected vegetation or a continuous solid row of evergreen plantings that will reach a minimum height of four feet at maturity as set out in the latest edition of “American Standard for Nursery Stock,” by the American Horticulture Industry Association, Inc. (ANSI Z60.0).
(4) Commercial uses must be screened from abutting residential zoning using either existing or planted vegetation. The screening shall be evergreen, continuous, and a minimum of six feet in height at planting and of a variety that reaches a minimum height of 25' at maturity as set out in the latest edition of “American Standard for Nursery Stock,” by the American Horticulture Industry Association, Inc. (ANSI Z60.1). Plants shall be spaced accordingly to achieve this performance requirement.
(5) Existing built sites planning a major renovation should utilize a site plan that includes all existing improvements, remaining existing landscaping, hardscape and illustrate the proposed changes.
(6) Verify setbacks of the property as determined by the design standards and the Village of Bald Head Island Code of Ordinances, as well as government waterfront setback controls and maximum allowable impervious.
(7) Plants indigenous to Bald Head Island (identified as "native" on the plant list) should be the predominant source for landscape plans. It is required that a minimum of 70% of the new plant material be native to Bald Head Island. The use of non-native plants (see glossary for definition) is limited to a maximum of 10% of the plan. Up to 30% of the plant material may be N.C. native. The plant lists are subject to change and plants not on these lists may be considered.
(8) No known invasive plants may be planted (see plant lists, appendix A.6.).
(9) Artificial plants are not allowed.
(10) During construction, naturalized areas of the property that are not within the CRB approved building area (denoted by the limits of construction fencing) must not be disturbed. Any areas outside the limits of construction fencing that are disturbed must be restored to their original natural character.
(11) The clearing of understory is not permitted in setbacks except as permitted in these design standards within six feet of the structure, or as necessary for an approved site plan or landscape plan and as reflected in the approved site plan or landscape plan. For example, some clearing within a setback may be required for driveway access. All clearing for new construction must be reflected in the CRB approved plan.
(12) Water conservation is an important Bald Head Island issue. Drip irrigation to maximize water effectiveness is strongly recommended. The plant selection should consider limiting use of drip irrigation to the first year for the establishment of new plantings.
(f) Recommended plant list. The lists are based upon plants that have been found to be native to Bald Head Island, native to North Carolina and examples of some of the non-native plants that have been planted on Bald Head Island. The distinction between native and non-native species is important because native species have generally adapted and evolved with the competing species, predators, and diseases of an area over many centuries or longer. Bald Head Island native plants support indigenous wildlife, habitats, ecosystem function and ecosystem services. There are suggestions for which plants typically do well in the various micro-island environments. The "please don't plant me" list (found in appendix A.6.(g)) also includes common non-native invasive plants. Lawns are not allowed. In reviewing landscape plans, the CRB will consider plants not on these lists provided they are not considered invasive or aggressive. Reference plant list in appendix A.6.
(Ord. No. 2023-1102, 11-17-2023; Ord. No. 2024-0702, 7-19-2024)