(a) General. It shall be unlawful to conduct land clearing and grading not associated with an application for development authorization except in accordance with this section.
(b) Authorization. Authorization must be obtained in writing from the tree protection officer or designee for any land clearing or grading activity not authorized by an approved site plan in section 36-262 or exempted (section 36-262(c)) under these regulations. Any such land clearing that is begun without authorization subjects the property owner to penalties outlined in section 36-431. Requirements for land clearing authorization include the following:
(1) A site plan showing relevant features of the property proposed for land clearing and/or grading, including, but not limited to, property lines, waterways adjoining or passing through the property, steep slopes, sensitive natural areas, and the extent of proposed land clearing and/or grading activities.
(2) A sequential list detailing the permit acquisitions, authorizations, land clearing, grading, and/or any other activities the proposal may require, in the correct order of execution. In the case of clearing prior to development, the list shall also include a date for submission of formal section 36-232 development plans for the property.
(3) A date by which all listed activities must be completed.
(4) Any other items the tree protection officer or designee deems necessary to ensure compliance with these regulations.
(c) Allowed activities. The activities listed herein shall be allowed provided that the person undertaking them obtain land clearing authorization from the tree protection officer or designee.
(d) Forestry activity.
(1) Forestry activity on land that is taxed on the basis of its present-use value as forest land under G.S. ch. 105, art. 12 (G.S. 105-274 et seq.) and that is conducted in accordance with a forest management plan prepared or approved by a forester registered in accordance with G.S. ch. 89B. A copy of the forest management plan shall be filed with the tree protection officer prior to the removal of trees from the land.
(2) Property owners wishing to harvest trees from property that is neither taxed on the basis of its present- use value as forest land nor managed in accordance with a valid forest management plan must obtain a valid forestry management plan as well as land clearing authorization before harvesting begins.
(e) Delay of development authorization. When any allowed activity, as described in subsection (b) of this section, results in excessive tree removal, as defined in this chapter, the town may deny a certificate of zoning compliance or refuse to approve a site plan or subdivision plat for such land for a period of three years after the last date that clearing activities occurred on the site. If the violation was willful, this period may be increased to five years from the last date that clearing activities occurred on the site.
(f) Exceptions. Insofar as they are not undertaken with the intent of circumventing these zoning regulations, the following activities do not require land clearing authorization or a permit and, so long as they comply with any other applicable regulations, may be carried out at any time:
(1) Cutting of diseased or hazardous trees.
(2) Cutting of trees not classified as significant.
(3) Tree removal for the purpose of creating a hiking or biking trail.
(4) Tree removal for installation or maintenance of utilities, provision of safe visibility at intersections, or any other public health or safety purpose.
(5) Tree removal on a lot containing a single-family dwelling or duplex which does not constitute the excessive removal of trees as defined in this chapter.
(Code 1989, § 92.121; Ord. of 6-12-2007; Ord. of 6-10-2008; Ord. of 1-9-2018)