No person shall initiate any land disturbing activity that uncovers more than 1 contiguous acre within any area of the village, or the village extraterritorial jurisdiction, without having an erosion control plan approved by the Land Quality Section of the North Carolina Department of Environment and Natural Resources. Written documentation of such approval shall accompany the land disturbance permit application. A land disturbance permit shall be required prior to commencement of any of the following development activities within the village limits:
(A) Construction. Any construction, repair or remodeling of any structure, either temporary or permanent in nature, that requires the issuance of a building permit prior to construction, and will:
(1) Affect or disturb more than 2,500 square feet of land area; or
(2) In the case of an area within 200 feet of a river, creek or other watercourse, affect or disturb more than 500 square feet of land area.
(B) Change. Any change or alteration to unimproved or improved state of land, including changes to soil, geology, hydrology, including mining, dredging, filling or grading of land.
(C) Filling and grading. Any filling or grading of any slope that will result in an angle greater than the angle of repose for saturated soil conditions applicable for the type of soil involved; or in any case, will result in an un-retained cut slope exceeding a ratio of greater than 1:1, or an un-retained fill slope exceeding a ratio of greater than 2:1. In any case, the angle shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion control devices or structures. In order to provide stabilization of graded slopes and fills, a sufficient setback must be provided between all property lines and the top of graded slopes (cuts) and the toe of fills.
(D) The filling of land with other than clean fill. The term CLEAN FILL includes dirt, gravel and sand. CLEAN FILL may include rocks or boulders, but does not contain trash, garbage, vegetation or other foreign material. FILLING shall include the placing, storing or dumping of fill material upon the ground.
(E) Clearing. Clearing of forested land or other similar land disturbing activity, including but not limited to, the harvesting of more than 5 trees.
(F) Tree removal.
(1) It is the intent of this division that tree removal shall conform to the proposed use of the property, and in particular, to the placement of structures and necessary appurtenances thereto, while protecting the natural scenic beauty that is vital to the village's tourist-based economy. For any plot of land, 5 acres or less in size, the applicant must first make application for a land disturbance permit:
(a) Where there will be the intended removal of 20% or more of the natural vegetation; or
(b) Prior to the removal of more than 5 trees, 6 caliper inches or more in diameter.
(2) The application shall include:
(a) The location, size and common name of all trees 6 caliper inches or more in diameter, as measured 4 feet above ground level. Groups of trees may be designated as “clumps”, with the predominant type, size and estimated quantity shown;
(b) The location of existing or proposed structures and any other improvements;
(c) Existing and proposed ground elevations;
(d) Proposed fill or excavation affecting any existing tree location;
(e) Location of existing or proposed utilities; and
(f) Location of existing or proposed roadways.
(3) The removal of more than 5 trees without first obtaining a tree removal permit shall be permissible only for the purpose of the removal of a tree located in the buildable area for a proposed new structure, if the tree is dead or diseased, or if the tree presents a danger to persons or existing structures.
(4) On plots of land greater than 5 acres in size, trees may only be removed for the purpose of:
(a) Timber harvesting, upon the approval of a harvest plan that is for agricultural purposes only, i.e. the production of a timber crop, and not for land development purposes. The harvest plan shall include a detail of all proposed logging roads, showing method for minimizing erosion, soil stabilization during operations, and re-vegetation of the logging roads upon completion;
(b) The placement of a utility, providing an area no greater than 20 feet in width is cleared;
(c) The placement of a roadway, providing an area no greater than 50 feet in width is cleared; and
(d) A valid agricultural use, provided that, if the agricultural area is converted to a future use other than agriculture, the Village Council may require that the owner or future owner plant a quantity of trees on the site that will equal the cumulative caliper dimension of desirable trees removed.
(G) Grading. A grading plan shall be submitted, showing existing ground topography and proposed topography at completion of the work, including finished elevations of buildings and other structures, driveways and roadways. No more than 1-1/2 acres may be disturbed at 1 time, on a slope of 15% or more, without completion of stabilization and erosion control measures.
(2002 Code, § 91.02) (Ord. passed 9-16-2003; Am. Ord. passed 8-19-2008)