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(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)
(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)
(1) Inspections. The tree protection officer or a designee shall periodically inspect all land clearing and grading activities to ensure compliance with this chapter, or rules or orders adopted or issued pursuant to this chapter, and to determine whether the measures required in the site plan are effective in protecting all significant trees not indicated in the site plan for removal. Notice of the right to inspect shall be included in the certificate of zoning compliance.
(2) Stop-work order. The tree protection officer is authorized to issue a stop-work order at any time that any of the following is determined to have occurred:
a. Tree removal for development prior to obtaining a land clearing authorization and site plan approval.
b. A significant deviation from approved plans, certificates, or permits.
c. Systematic or habitual removal of or damage to protected trees and/or shrubs, and/or their root protection zones.
d. General carelessness with regard to tree protection and/or erosion control.
(3) Remedies. Following issuance of a stop-work order the tree protection officer shall provide the property owner with detailed descriptions of approved methods, protective barriers, and the repairs and/or replantings needed to correct the damage. In cases where additional or more severe penalties are required, the penalties described in section 36-431 may be considered. The tree protection officer shall verify that all appropriate measures have been implemented, including any necessary agreements by the owner or the owner's agent to complete weather-sensitive replantings at the appropriate season, before work is allowed to resume.
(4) Replantings. Any significant tree cut in excess of the number allowed by the Forest Coverage Table or without an approved tree protection plan, or in violation of an approved tree protection plan, or that is damaged during construction 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 the owner's agent. Such trees shall be replaced by species recommended in the Lake Lure Tree Management Handbook, at the "minimum dbh for replanting" sizes appropriate to the species as shown in Appendix A to this chapter 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 owner or the owner's agent. Such replacement trees and/or shrubs shall be planted in the approximate location of the originals that were damaged or unlawfully removed, or elsewhere on the property as approved 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 of the property or the owner's agent.
(Code 1989, § 92.122; Ord. of 6-12-2007)
Secs. 36-265—36-291. Reserved.
Only where the owner of a lot consisting of one or more lots of official record in any district at the time of the adoption of this article, or his successor in title thereto, does not own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this article, may such lot be used as a building site subject to the provisions of section 36-216.
(Code 1989, § 92.130; Ord. of 1-22-1991)
The front yard setback requirements of this chapter for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within 100 feet on either side of the proposed dwelling and on the same side of the same block and use district and fronting on the same street as such lot is less than the minimum required front yard depth. In such cases, the setback on such lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots, or a distance of ten feet from the street right-of-way line, whichever is greater.
(Code 1989, § 92.131; Ord. of 1-22-1991)
Lots not served by public water and/or sewer, and for which development is proposed, shall be examined by the county health department and certified to equal or exceed the public health requirements for private water and/or sewerage facilities for the proposed use before a building permit shall be issued.
(Code 1989, § 92.132; Ord. of 1-22-1991)
In all zoning districts, yards, as defined in section 36-5, shall be as established by this chapter provided the following shall be permitted in any yard:
(1) Access structures to connect the principal structure to the street or shoreline, provided said structures are constructed above grade at an elevation no greater than reasonably required by topography.
(2) Fences, walls, hedges, and retaining walls under the provisions of section 36-231.
(3) One masonry column located on each side of a driveway to define the entrance to a property or to support a gate across a driveway, provided that such columns shall not exceed 36 inches in width and eight feet in height.
(Code 1989, § 92.133; Ord. of 4-9-2002; Ord. of 10-14-2003)
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