(a) Prohibited cutting. Any cutting of trees in excess of the percentages permitted by the Forest Coverage Table (see section 28-192) is prohibited unless such excess cutting is shown in the approved tree protection plan in subsection (c) of this section and compensated for by replacing such trees, as described in subsection (b) of this section. Land clearing for subdivision development is prohibited except as permitted under the provisions of these regulations and chapter 22.
(b) Land clearing and use. Land clearing permitted under these subdivision regulations shall be limited to the minimum necessary for the construction of roads, utilities, and structures or open green areas intended for common use of residents, and shall not include clearing for individual lots, whether for home sites, structures, driveways, individual wells or septic systems, landscaping, or development of views. One exception shall be that in cases where it is determined by the subdivision administrator that two or three homesites can reasonably be served by a single driveway, such driveway may be platted, approved, and constructed subject to all the usual provisions of town regulations. Structures or open green areas intended for common use of residents shall, to the extent that is possible, utilize preexisting open spaces for this purpose. Clearing in common areas intended to be maintained in a forested state shall be limited to the development of trails, bicycle paths, small picnic areas, and other common amenities.
(c) Replacement trees. Any significant tree cut in excess of the number allowed by the Forest Coverage Table (see section 28-192), or without an approved tree protection plan, or in violation of an approved tree protection plan, or that is damaged during land clearing, land disturbance and/or development to the extent that the tree is likely to die, shall be replaced by healthy trees at the expense of the owner of the property or his agent, as follows: Such trees shall be replaced by species recommended in the Lake Lure Tree Protection Handbook, at the "minimum dbh for replanting" sizes appropriate to the species as shown in section 28-193, and in sufficient numbers to equal the total inches in dbh of the trees damaged or unlawfully removed. Any areas exceeding 100 square feet in size from which native shrubbery and their stumps and roots have been removed without approval as part of a tree protection plan, or that are damaged to an extent likely to cause the death of those shrubs, shall be replanted with healthy shrubbery at the expense of the subdivider. Such replacement trees and/or shrubs shall be planted in the approximate location of the originals that were damaged or unlawfully removed, or in areas specified by the tree protection officer, and shall be inspected at intervals by the tree protection officer. Any replanted trees or shrubs not continuing in good health for a minimum of two years shall be replanted at the expense of the owner or his agent.
(d) Tree protection plan. Overall land clearing shall be governed by the forest coverage existing on the site prior to development (see section 28-192). To this end, a tree protection plan shall be prepared as part of any subdivision plat, and shall include at least the information listed below regarding the trees and/or shrubs to be removed for the purposes approved in subsection (c) of this section, and the protection of all other trees on the property. Estimated forest coverage both before and after tree removal shall be provided by a survey provided by a qualified licensed professional for individual forested areas as well as for the subdivision as a whole. Plans shall include:
(1) Location and extent of all forested areas.
a. Forest areas intended for later sale as building lots shall be designated on the plat and shall not be developed in any way, except for driveways that serve two or three homesites as provided in subsection (b) of this section, until certificates of zoning compliance have been issued.
b. Forest areas intended to be maintained as common forest areas shall be marked as protected on the plat except for those areas marked to be cleared for trails, paths, and the like.
c. All forest areas not marked for construction of roads, common utilities, or common areas, or future sale as building sites except as noted in subsection (b) of this section, shall be marked as protected on the plat.
(2) Location and extent of all areas proposed for tree removal and/or land clearing.
(3) Location and nature of tree protection measures to be installed.
(4) Location, size, and species of any trees and/or shrubs to be planted at the direction of the tree protection officer.
(5) Estimated significant tree density of each individual forested area as well as of the subdivision as a whole, both before and after permitted land clearing and replanting.
(6) Location of any steep slopes, or other areas that may not be suited for land clearing, land disturbance, and/or dense development, and any specifications for their particular management, as discussed in section 28-104.
(7) Any additional documentation that the tree protection officer may require.
(e) Trout buffer. An undisturbed stream buffer, as defined and illustrated in the town land disturbance regulations, that is required for the protection of waters that have been classified as trout waters by the environmental management commission. Any removal of vegetation, including the removal of living branches, is prohibited within such areas.
(f) Protective boundaries. Protective boundaries shall be shown on the plat surrounding individual protected trees and their root protection zones and lying along the boundaries of all protected forest areas, especially where areas marked for tree removal abut areas where trees are to be protected, unless physical characteristics of the area render additional protections unnecessary. Such barriers shall be installed prior to any land clearing, land disturbance and/or development activity and maintained until such development is complete. All workers in the area shall be clearly informed that trees and forest areas so marked are to be protected from cutting, girdling, any damage by construction equipment, and any disruptions of their root protection zones including trenching, dumping of excavated soil, spilling of toxic materials, vehicle parking or drive-over, the storage of equipment or materials, and addition of any impervious material.
(g) Inspections and remedies. The tree protection officer shall inspect all subdivision projects prior to any permit approvals and at intervals throughout land clearing, land disturbance and/or development. In the course of these visits said officer may provide assistance with estimates of forest coverage and the steepness of slopes, assist in evaluating the suitability of steep slopes for land clearing and development, and approve the entire tree protection plan, including protective boundaries and any required replanting.
(h) Tree protection officer. The tree protection officer is authorized to issue a stop-work order at any time that any of the following is determined:
(1) Tree removal has commenced prior to obtaining subdivision plat approvals.
(2) A significant deviation from pre-approved plans/permits has occurred.
(3) Systematic or habitual removal of or damage to protected trees or their root protection zones.
(i) Approved methods. Following a stop-work order the tree protection officer shall provide the property owner and/or subdivider with detailed descriptions of approved methods, protective barriers, and the repairs and/or replantings needed to correct the damage. The tree protection officer shall verify that those measures have been implemented before work is allowed to resume.
(j) Forestry lands. Where the land to be subdivided was previously taxed on the basis of present-use value as forestry land under G.S. ch. 105, art. 12 (G.S. 105-274 et seq.), or has been logged under a forestry plan prepared or approved by a registered forester, the town may deny a certificate of zoning compliance or refuse to approve a site or subdivision plan for a period of three years after harvest if the land has been cleared in violation of these regulations; five years if the land clearing was a willful violation. Reference G.S. 160D of the General Assembly of North Carolina.
(Code 1989, § 91.59; Ord. of 10-10-2006; Ord. of 11-14-2006; Ord. of 6-10-2008; Ord. No. 21-05-11A, 5-11-2021)