The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Arterial street means a major roadway serving as the primary artery through the town.
Buffer strip means an area of land, whether landscaped or in its natural state, consisting of evergreen trees and shrubs used to physically separate or screen one use, structure, or property from another so as to visually shield or block noise, light, or other nuisances. Any width that may be specified for such a buffer strip shall be measured in the horizontal plane.
Building and grading envelope (BGE) means the limits of disturbance affected by the establishment of a building and grounds. All buildings, walls, lawns, driveways, site amenities, septic fields, and associated disturbance from construction activity shall be confined within this zone. The BGE may be sited in one mass or apportioned into several smaller compounds connected by walks or drives. Provided, however, alternative septic systems shall not be included within the BGE where it is demonstrated that any disturbance associated with them is minimal.
Building setback line means a line delineating the minimum allowable distance between the property line and a building on a lot, within which no building or other structure shall be placed except as otherwise provided. Whenever the front, side or rear portion of a lot abuts a street right-of-way, setback lines shall be measured perpendicularly from said right-of-way line, or where no right-of-way exists, from a point 16 feet from the centerline of the street.
Caliper means the diameter measurement of small tree trunks, taken at six inches above the average ground level.
Canopy coverage means the area of the subject property that is covered by the foliage of trees.
Clearcutting means the removal of over 70 percent of the existing trees on a property.
Collector street means a street that collects traffic from minor streets and lanes and provides access to arterial streets.
Common amenities means clubhouses, gazebos, tennis courts, swimming pools, amphitheater parks, or other facilities or structures accessory to one or more residential developments, intended to provide recreational, cultural or social enrichment to people residing in a residential subdivision and/or the general public.
Corner lot means a lot abutting upon two or more streets at their intersection.
Cul-de-sac means a street permanently terminated by a turn around.
Dbh means the diameter of a tree trunk measured at breast height, 4½ feet above the average ground level.
Development means the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure, any mining, excavation, landfill; or any use or extension of the use of land.
Double frontage lot means a continuous lot of the same depth as the width of a block containing two tiers of lots and which is accessible from both of the streets upon which it fronts.
Easement means a grant by the property owner for use, by the public, a corporation, or person, of a strip of land for specified reasons.
Excessive removal of trees means the removal, by any means, of all or substantially all the trees and/or woody shrubs from one acre or 25 percent of the acreage of a lot or tract of land, whichever is greater.
Final significant tree density means the significant tree density following land clearing, land disturbance, and/or development. In terms of subdivision development, the term "final significant tree" means the significant tree density following completion of roads, utilities and common areas.
Forest coverage. The forest coverage of a piece of property refers to the extent of forestation on the property. The term "forest coverage" may be quantified by any of the following means:
(1) By analysis of the canopy coverage as seen in aerial photography;
(2) By calculation of the significant tree density on the property; or
(3) By other means deemed suitable by the tree protection officer.
Girdle means to inflict a cut or other damage to the bark such that the wound encircles the tree to sufficient depth and extent that the likely result will be the death of that tree.
Green area means an area of land designated for conservation, preservation, landscaping, or reforestation.
Impervious material means any material that prevents absorption of stormwater into the ground.
Improvements guarantee means an agreement between the subdivider and the town, secured by a letter of credit or other security placed with the town, that improvements described in an approved subdivision plat will be carried out according to that plat, that tree and/or environmental protection measures shown on the plat will be properly installed and maintained, that trees and/or forest areas designated as protected on the plat will be undamaged at the conclusion of land clearing, land disturbance and/or development, that areas indicated on the plat as requiring grading will be graded as specified, and that areas indicated on the plat to be left ungraded will be untouched and undamaged at the conclusion of land clearing, land disturbance and/or development.
Independent community water system means a privately owned central water system constructed to town and state standards consisting of a source of potable water, a distribution system and, where needed, a water storage facility. Independent community water systems shall be operated and maintained by the owners of the area to be served or by a private entity with whom the owners shall contract for said service.
Individual sewer system means any septic tank, privy or other facility serving a single source or connection and approved by the county sanitarian.
Individual water system means any well, spring, stream, or other source used to supply a single connection.
Initial significant tree density means significant tree density at the time of initial inspection and platting.
Land clearing means tree removal, underbrushing, grubbing, or any activity that removes live woody plants such as trees and shrubs.
Land disturbance means any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance or other construction or maintenance activity, including chemical applications or other techniques, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation.
Lane means a private street serving as primary access to not more than four lots and meeting a lessor standard than minor streets.
Lot means a portion of a subdivision or any other parcel of land intended as a unit for transfer of ownership, for land clearing, for land disturbance, for development, or for all three. The term "lot" includes the term "plot" or "parcel."
Major subdivision means any subdivision of a tract of land into more than five lots, or any subdivision requiring the extension of public utilities and/or development or dedication of new streets.
Minor street means a public or private street serving as primary access to five or more lots.
Minor subdivision means any subdivision of a tract of land into five or fewer lots and involving no new public or private streets or roads, rights-of-way dedication, easements, or utility extensions.
Natural watercourse means any perennial or intermittent surface water approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the U.S Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). Notwithstanding the foregoing, the subdivision administrator may determine that a water body does or does not qualify as a natural watercourse depending upon the presence of surface waters in accordance with the provisions of 15A NCAC 2B.0233(3)(a) or other methods approved by the North Carolina Division of Water Quality. For purposes of these regulations, the term "natural watercourse" shall not include Lake Lure.
Official maps or plans means any maps or plans officially adopted by the town council as a guide for land clearing, for land disturbance and/or for the development of the town.
Open space means any area of land or water essentially unimproved and set aside, designated, or reserved for conservation, preservation and/or passive recreation.
Passive recreation means recreational activities that have minimal impact to the natural environment such as hiking, running, biking, wildlife observation, photography, fishing, swimming, picnicking, lake access and other similar uses.
Planned unit development means a development where more than one principal building is proposed to be constructed on a single tract, or any residential complex containing nine or more dwelling units on a single tract, or any building with a gross floor area of 25,000 square feet or more.
Private drive (driveway) means a private access not intended to be a public ingress or egress. Private drives are intended to provide direct access from one lot or building site to a publicly or privately dedicated and maintained street. However, a private drive may provide access for up to three residential lots provided it meets the requirements of section 28-72. Private drives shall be excluded from the definition of the term "street." The term "private drive" shall include the term "driveway."
Private street means a street which has not been dedicated to and accepted by the town but is instead owned and maintained by any other party.
Protected forest area means a green area consisting of existing forest designated for protection on a subdivision plat and in the associated tree protection plan. All significant trees within such an area are protected trees.
Protected tree means any tree marked for protection, or any significant tree not expressly marked for removal, in a tree protection plan.
Protective boundary means a substantial visual screen, such as an orange barrier fence, sufficient to clearly identify and set apart a protected tree or protected forest area and the associated root protection zones.
Public street means a street which has been dedicated to and accepted by the town and which is maintained by the town.
Qualified licensed professional means a licensed professional in a discipline relevant to the task at hand, whose knowledge and capability to successfully carry out that task have been amply demonstrated through his certified practical experience in that discipline and in successful completion of previous tasks similar to the one at hand.
Root protection zone (RPZ) means the area that encompasses the entire system of a tree's major and minor roots, 24 inches deep and extending from the trunk of the tree a radial distance equal to one foot for each inch of trunk diameter or to the drip line of the tree, whichever is greater.
Root Protection Zone: Trunk, Drip line (Canopy)
Sensitive natural area means any area, which is sensitive or vulnerable to physical or biological alteration, as identified now or hereafter by the state natural heritage program and which contains one or more of the following:
(1) Habitat, including nesting sites, occupied by rare or endangered species;
(2) Rare or exemplary natural communities;
(3) Significant landforms, hydroforms, or geological features; or
(4) Other areas so designated by the state natural heritage program, which are sensitive or vulnerable to physical or biological alteration.
Significant tree means any stable, healthy tree with a dbh equal to or greater than the dbh noted as significant for that species in the table shown in section 28-193, or a tree of any other species with a dbh of six inches or greater.
Significant tree density means the number of significant trees per acre. For example, a one-acre lot with ten significant trees has a significant tree density of ten; a three-acre lot with 30 significant trees also has a significant tree density of ten.
Single tier lot means a lot which backs upon a limited access highway, a physical barrier, or a nonresidential use and to which access from the rear of the lot is usually prohibited.
Stream buffer means the strip of land in its natural state or restored to a suitably vegetated state, of specified width, lying adjacent to any stream, river, creek, brook, run, branch, wetland, or waterway, or any reservoir, lake, or pond, natural or impounded. (See also the discussion of buffer zones in section 22-25(1).)
Street means a right-of-way intended for vehicular traffic which affords the principal means of access to abutting properties.
Subdivider means any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein defined.
Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions, for the purpose of sale or building development, whether immediate or future, and shall include all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of this chapter:
(1) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the town as required by this chapter.
(2) The division of land into parcels greater than ten acres where no street right-of-way dedication is involved.
(3) The public acquisition by purchase of strips of land for the widening or opening of streets.
(4) The division of a tract of land in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-way dedication is involved, and where the resultant lots are equal to or exceed the standards of the town as required by this chapter.
Subdivision administrator means the official responsible for the overall administration and enforcement of these regulations. Such individual shall be the community development director and/or such other person specifically designated as subdivision administrator by the community development director. The subdivision administrator may delegate duties under these regulations; however, the subdivision administrator shall remain responsible for their overall administration and enforcement.
Temporary construction road means a private access to a construction project or logging operation intended to be removed at the completion of the project or operation.
Tree means a woody plant with a well-developed main trunk of at least ten cm (almost four inches) dbh at maturity.
Tree protection officer means a duly authorized town official whose function or scope of authority includes enforcing the tree protection provisions of this chapter.
Tree protection plan means information provided as part of a sketch plan, preliminary plat, and/or final plat regarding protections provided to trees during land clearing, land disturbance, and/or development as well as the extent and condition of both the initial and final tree cover of the affected parcel.
Viewshed means the totality of near, medium, and long-distance views of lakes, streams, forests, ridgelines, mountains, or any combination thereof, as seen from the lakes, roadways, public areas, and homes, encompassing all the natural beauty of the area.
Zoning administrator means an official or designated person of the town charged with administering this chapter. For purposes of this chapter, the office of the zoning administrator is designated a planning agency as referred to in G.S. 160-373.
Zoning and planning board means the town's zoning and planning board.
(Code 1989, § 91.06; Ord. of 11-26-1996; Ord. of 11-13-2001; Ord. of 4-9-2002; Ord. of 10-10-2006; Ord. of 11-14- 2006; Ord. of 10-9-2007; Ord. of 6-10-2008; Ord. of 11-18-2008; Ord. of 3-10-2009; Ord. of 5-10-2011; Ord. of 4-10- 2012; Ord. No. 21-05-11A, 5-11-2021)