The purpose of this district is to preserve and protect the remaining maritime forests which are recognized as essential to Topsail Island’s ecosystem. They provide wildlife habitat, stabilization of soil and sand, and are a vital link in natural storm water management through absorption. This natural management acts as a filter necessary to maintaining the health and quality of pristine waters.
(A) General requirements.
(1) The CFOD shall apply to all properties in the town.
(2) The requirements of the CFOD shall be in addition to and apply to all zoning districts.
(3) The development of all uses permitted by right or by a special use permit in the underlying district shall be subject to the requirements of the CFOD and the underlying zoning district. In the event of a conflict of between the CFOD and the underlying district the CFOD regulations shall apply. If requirements for a particular requirement are not addressed in the CFOD, then the requirements of the underlying regulations shall apply.
(B) Design standards. Development shall be designed to protect the continuing growth of native trees. In doing so, the following conditions shall be met.
(1) No alteration of a lot or building site shall take place without a zoning permit.
(2) All CFOD requirements shall apply to new and existing lots.
(3) The area of disturbance is the proposed or existing structure footprint plus the six feet in each direction. Trees are allowed to be removed within the area of disturbance.
(4) All trees protected by this ordinance nine inches in circumference measured four feet from the ground may not be removed outside the area of disturbance.
(5) Dead and diseased trees may be removed.
(6) Pervious materials shall be used for the construction of any surfaces located outside the footprint of the principal structure and any accessory buildings allowed. (Commercial development and roads are exempt from this requirement). Pervious materials are, but not limited to, pervious concrete, pervious asphalt, slate gravel, river rock, slatted wood and other similar materials or products designed to allow water to pass through.
(7) Driveway design shall minimize land disturbance as much as possible in order to maximize natural areas.
(8) No clear cutting of lots is permitted.
(C) Site plan. Before development of a lot an applicant must submit a site plan to the zoning office for review and approval. Developing building sites in the CFOD requires maximal preservation of trees and vegetation. The site plan shall show the following:
(1) All requirements for a building permit application;
(2) All trees outside the area of disturbance greater or equal to nine inches in circumference measured four feet from the ground;
(3) Location of all structures, utilities, septic tanks, driveways and parking areas; and
(4) Location of all natural areas.
(D) Enforcement.
(1) Trees removed, other than those permitted under this ordinance, shall be replaced by a quantity of trees totaling the circumference of the tree removed (i.e., six three-inch in circumference trees may replace one 18-inch tree). Replacement trees are not to be less than three inches in circumference, measured four feet from the ground.
(2) Any lot cleared before submitting a site plan shall be assessed a penalty of one replacement tree, which must be at least three inches in circumference measured four feet from the ground, per foot of road frontage. A 50-foot lot would require 50 trees for replacement.
(E) Species of trees protected. Trees protected by this ordinance include all native oak, pine, cedar, maple, wax myrtle and all others indigenous to the area.
(Ord. passed 11-2-2011; Ord. passed 7-1-2021)