Landscaping or landscape construction includes, but is not limited to, clearing and site preparation for construction of residence; landscaping area upon completion of construction; installation of driveways, parking areas, patios, and sport courts; and any post-construction landscape alterations to established home site. Prior to initiating the permitted activity, the request for the appropriate permit must be accompanied by a landscape plan, which has been approved by the town’s Building Inspector. The permit application and an example of the construction/landscape plan plot are available from the Town of Caswell Beach Inspection Department. Such construction shall not be permitted if it violates the following rules.
(A) The proposed modification to the land and resulting residential construction shall provide positive means of controlling storm water drainage onto adjacent property or other off-site.
(B) Any impervious surfaces to be employed shall have positive means such as curbs, gutters, and absorption areas to assure that run-off brought about by increased water velocity shall not cause storm water and/or sediment to collect in off-site locations.
(C) For impermeable driveway construction, one of the following methods will be used to satisfy the requirements of this chapter.
(1) A residential property shall access the roadway by no more than one 24-foot maximum width driveway or two 12-foot maximum width driveways. Total combined width of all driveways shall not exceed 24 feet. An apron connecting the driveway to the road may taper from driveway width out to an additional maximum six-foot width where the apron meets the road. Addition of an apron shall not cause the width of a driveway to exceed 24 feet. Aprons must taper directly to driveway width within no more than ten feet from the road. Beginning at the road, the driveway maximum width(s) may not be exceeded until it passes the front property line.
(2) (a) All new driveway construction must be permitted and shall comply with these requirements.
(b) Driveway additions and driveway replacements, including sectional replacements, require submission of plans to the town for review and approval. The town, at its discretion, may require permitting. In most cases, increases in impervious surface, increases in grade, increases in elevation, or significant alteration in location or configuration will require permitting and an engineered determination that the town’s stormwater regulations are met.
(3) Driveway permit applications, when required, shall include an engineering certification that the plans meet the requirements of the town’s stormwater regulations (see Chapter 154).
(D) The following activities will not be considered landscaping activity under this section:
(1) The use of any land for the purposes of planting, growing, or harvesting plants, crops, trees, grass or other agricultural or forestry products; and
(2) Work by any utility company and other persons engaged in the distribution and transmission of petroleum products, water, telephone, or telegraph messages, or electricity for the purposes of inspecting, repairing, maintaining, or upgrading, any existing substations sewers, mains, pipes, cables, utility tunnels, lines, towers, poles, a and the line on any of its existing utility property or rights-of-way, or the extension of any of the above distribution related facilities to serve development.
(E) Tree removal.
(1) The general purpose of this division is to reduce the effect of development on the problem of storm water run-off and water quality by regulating and controlling the removal of trees in conjunction with land development and/or building construction.
(2) The specific purposes of this division are:
(a) To safeguard and enhance property value and to protect the public and private investment through the protection of native trees;
(b) To prevent the indiscriminate removal of native trees;
(c) To mitigate storm-water runoff and water quality problems caused by removal of native trees;
(d) To protect marshlands and estuaries; and
(e) To preserve and enhance the visual appearance of the town.
(3) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DIAMETER AT BREAST HEIGHT (DBH). A standard method of expressing the diameter of the trunk of a standing tree. In The U.S., breast height diameter is measured at a height of 1.4 meters (approximately 4.5 feet). The most effective methods for measuring DBH is use of a girthing (or diameter) tape. A girthing tape actually measures the girth (circumference) of the tree; the girthing tape is calibrated in divisions of centimeter (3.14159 cm), thus giving a directly converted reading of the diameter. This assumes the trunk has a circular cross-section, which is typically accurate for most trees.
NEIGHBORHOOD. A subdivision of the Town of Caswell Beach. For this section, it includes the Arboretum, Caswell Dunes, Ocean Greens, and the Oak Island Villas.
PERSON. For the purpose of this section, any individual, property owner, contractor, corporation, or other entity that might be involved in removal of trees.
PLOT CONSTRUCTION/LANDSCAPE PLAN. A formal plan submitted to the town’s Building Inspector in conjunction with subdivision of land, alteration of an existing building (residence), or landscape construction prior to start of site development. The plot construction/landscape plan must show a footprint and location of intended building and the location of vegetation to be removed. The plan must also show existing regulated trees (see division (D)(4) of this section) and trees and shrubs and vegetation to be retained or added.
PROPERTY OWNER. For purpose of this section, individuals, corporations, tenants, proprietors or other entities who possess entitlement to the property.
TOWN. The Town of Caswell Beach, North Carolina.
TREE. Any woody perennial deciduous or evergreen plant which usually has one or more main stems.
(4) Tree removal authorization. All requests for cutting shall require a landscape plan showing the location of regulated trees in relation to site construction activities, driveways, patios or other paved areas. The plan should accurately represent the proposed activities, drawn to scale and certified by both the property owner and the builder. Approval of the landscape plan will be for the following reasons.
(a) The tree to be removed is less than the required minimum:
1. Hardwood species at DBH < 6";
2. Softwoods/evergreens at DBH < 8"; and
3. Flowering species at DBH <2".
(b) Whether related to new construction or existing properties planning to remove vegetation, trees greater than these minimums should not be removed unless an exception is granted in writing by the town for:
1. A tree that is within 12 feet of the building perimeter;
2. A tree that is within 3 feet of a driveway or paved walkway;
3. A tree severely damaged by lightning;
4. A strong lean on the trunk, 45 degrees or less when measured from the ground; or
5. Trees with a suspected disease affecting the structural soundness of the tree. The condition must be diagnosed by the County Extension Agent or County Forest Ranger. The property owner must include written documentation with the landscape plan.
(c) No vegetation of any sort may be removed from areas zoned Conservation without written permission from the town pursuant to Chapter 98.
(5) Prerequisite for authorization of building permit.
(a) The town’s Building Inspector may withhold or withdraw any permits, certificates, and other granted authorization, including building permits, driveway permits, and certificates of occupancy, until an application for building/landscape construction permit is satisfactorily completed and approved.
(b) In addition, all persons seeking approval for tree removal shall make application to the town’s Building Inspector. Application shall be in writing in accordance with procedures approved by the Town Commissioners.
(6) Nothing herein shall relieve the property owner or the owner’s authorized agent from the responsibility to observe applicable local subdivision or private unit development bylaws and restrictive covenants.
(7) Penalty. The maximum fine for violation of this chapter exceeds $50 and is $100 for each individual violation of this chapter. Violation of this chapter may result in the town applying to the appropriate division of the General Court of Justice for payment of the fine. Violation of this chapter is a misdemeanor offense.
(Ord. passed 9-8-94; Am. Ord. passed 12-14-00; Am. Ord. passed 12-14- 00; Am. Ord. passed 1-9-03; Am. Res. passed 10-13-11; Am. Ord. 2016- 001, passed 2-11-16; Am. Ord. passed 10-10-19; Am. Ord. passed 1-12-23) Penalty, see § 10.99