(a) General. Except as provided herein, no land clearing and/or grading associated with development, as defined in this chapter, shall begin unless and until an approved land disturbance permit in chapter 22 has been obtained, a site plan meeting the requirements of this section has been approved by the tree protection officer or his designee and the property has been staked according to the structure boundaries and clearable areas shown on the site plan. Cutting of significant trees during development in areas other than those designated as appropriate in Figure 1 and this section is prohibited unless provided for as part of an approved site plan. Tree topping is prohibited under any conditions. It should be noted that due to severe topographic conditions, sensitive natural areas, or soils that do not easily support soil drainage systems, some land may be unsuited to some land clearing or land disturbance projects that may be proposed.
(b) Site plan. The tree protection officer may require the site plan to take the form of a topographic survey of the subject property, at a scale sufficient to clearly indicate required details, which may include at least the following:
(1) Adjoining roads, and any watercourses or bodies of water either contained within the bounds of the subject property or adjoining it.
(2) Property and setback lines.
(3) The location on the site and footprints of all proposed structures and other improvements, such as dwellings (including any associated extrusions such as balconies, porches, decks, exterior stairways, patios, car ports, and the like), outbuildings, utilities, water lines, sewer lines or septic system, and other structures such as paths and walkways (including any associated boardwalks, ramps, stairs, and the like), driveways, parking areas, garden areas, and the like.
(4) Clearable areas as defined in this article. Utility easements, if required, shall follow the route estimated to cause the least possible disruption to vegetation, to viewsheds, and/or to the natural contour of the land.
(5) Location of additional areas proposed for clearing or thinning for the purpose of grading, patios, views, etc.
(6) With regard to commercial parking lots for five or more cars, the site plan shall clearly show the location and extent of areas that are to be cleared and areas that are to be protected as green spaces within or adjacent to the parking area (see section 36-112).
(8) Any additional documentation that the tree protection officer may determine to be necessary in order to determine the specifics of the plan.
(9) Seals or signatures are required from any professionals who are involved in preparation or review of the site plan, such as the surveyor and the architect or builder who adds to the site plan the location of the house and/or other structures to be constructed or improved. On steep slopes, the seal or signature of the inspecting qualified licensed professional is also required.
(c) Standards. Except as otherwise noted, land clearing permitted under these zoning regulations shall be governed by the locations of trees and/or shrubbery with respect to the structures planned for the lot (see Figure 1).
(1) Structure boundary. The removal of trees and native shrubs is required within the footprint of the proposed structures, provided that such structures meet all applicable town regulations.
(2) Clearable areas. The removal of trees and native shrubbery is permissible within the clearable area lines provided that soil safety and retention are not put at risk.
(3) Remainder of lot. All areas outside of the clearable areas shall be marked on the site plan as protected forest areas. No significant trees or native shrubs may be removed from these areas except for specified significant trees or areas of shrubbery whose thinning or removal may be authorized on the site plan by the tree protection officer. Such special authorizations may be granted for purposes such as those listed below, provided that the visual tree canopy and natural appearance of ridgelines are protected and that soil safety and retention are not put at risk. The purposes for which tree thinning or removals may be authorized include the following:
a. Underbrushing without grubbing, for landscaping purposes.
b. Tree thinning, except within trout buffers, for the development of views or to provide sunlight for gardening.
c. Removal or thinning of flammable species for purposes of fire prevention. (See The Lake Lure Tree Management Handbook.)
d. Underbrushing with grubbing, for construction of erosion control measures in specified areas (as directed by the erosion control officer), to clear for gardening (see section 36-263), or to prevent regeneration of undesirable species as directed or approved by the tree protection officer).
Note that these permissions do not include the removal of significant trees for the construction of easily relocatable features such as stairs and paths without exception being granted by the tree protection officer or his designee.
(4) Lakefront lots. For lakefront lots, any trees that must be removed as a result of marine construction or due to erosive collapse shall be indicated on the plan and be replanted according to the requirements of this section.
(Code 1989, § 92.120; Ord. of 6-12-2007; Ord. of 6-10-2008; Ord. of 1-9-2018)