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Pinebluff, NC Code of Ordinances
PINEBLUFF, NORTH CAROLINA CODE OF ORDINANCES
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING CODE
CHAPTER 151: HOUSING CODE
CHAPTER 152: UNIFIED DEVELOPMENT
CHAPTER 153: FLOOD DAMAGE PREVENTION
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 152.493 BOARD OF COMMISSIONERS’ FINDINGS AND DECLARATION OF POLICY ON SHADE TREES.
   (A)   The Board of Commissioners finds that:
      (1)   Trees are proven producers of oxygen, a necessary element for human survival;
      (2)   Trees appreciably reduce the ever-increasing environmentally dangerous carbon dioxide content of the air, and play a vital role in purifying the air people breathe;
      (3)   Trees transpire considerable amounts of water each day and thereby purify the air much like the air-washer devices used on commercial air conditioning systems;
      (4)   Trees have an important role in neutralizing waste water passing through the ground from the surface to groundwater tables and lower aquifers;
      (5)   Trees, through their root systems, stabilize the groundwater tables and play an important and effective part in soil conservation, erosion control, and flood control;
      (6)   Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade, cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas; and
      (7)   For the reasons indicated in division (A)(6) above, trees have an important impact on the desirability of land, and therefore on property values.
   (B)   Based upon the findings set forth in division (A) above, the Board of Commissioners declares that it is not only desirable but essential to the health, safety, and welfare of all persons living or working within the town’s planning jurisdiction to protect certain existing trees and, under the circumstances set forth in this subchapter, to require the planting of new trees in certain types of developments.
(Ord. passed 12-20-2001)
§ 152.494 REQUIRED TREES ALONG DEDICATED STREETS.
   Along both sides of all newly created streets that are constructed in accordance with the public street standards set forth in §§ 152.320 through 152.336, the developer shall either plant or retain sufficient trees so that between the paved portion of the street and a line running parallel to and 50 feet from the centerline of the street, there is for every 30 feet of street frontage at least an average of one deciduous tree that has or will have when fully mature a trunk of at least 12 inches in diameter. When trees are planted by the developer pursuant to this section, the developer shall choose trees that meet the standards set forth in §§ 152.510 through 152.523.
(Ord. passed 12-20-2001) Penalty, see § 152.999
§ 152.495 RETENTION AND PROTECTION OF LARGE TREES.
   (A)   Every development shall retain all existing trees 18 inches in diameter or more unless the retention of such trees would unreasonably burden the development.
   (B)   No excavation or other subsurface disturbance may be undertaken within the drip line of any tree 18 inches in diameter or more, and no impervious surface (including, but not limited to, paving or buildings) may be located within 12 and one-half feet (measured from the center of the trunk) of any tree 18 inches in diameter or more unless compliance with this section would unreasonably burden the development. For purposes of this division (B), a drip line is defined as a perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.
   (C)   The retention or protection of trees 18 inches in diameter or more as provided in divisions (A) and (B) above unreasonably burdens a development if, to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer.
   (D)   If space that would otherwise be devoted to parking cannot be so used because of the requirements of divisions (A) or (B) above, and, as a result, the parking requirements set forth in §§ 152.460 through 152.471 cannot be satisfied, then the number of required spaces may be reduced by the number of spaces “lost” because of the provisions of divisions (A) and (B) above, up to a maximum of 15% of the required spaces.
(Ord. passed 12-20-2001) Penalty, see § 152.999
§ 152.496 SHADE TREES IN PARKING AREAS.
   (A)   Vehicle accommodation areas that are required to be paved by § 152.466 must be shaded by deciduous trees (either retained or planted by the developer) that have or will have when fully mature a trunk of at least 12 inches in diameter. When trees are planted by the developer to satisfy the requirements of this division (A), the developer shall choose trees that meet the standards set forth in §§ 152.510 through 152.523.
   (B)   Each tree of the type described in division (A) above shall be presumed to shade a circular area having a radius of 15 feet with the trunk of the tree as the center, and there must be sufficient trees so that, using this standard, 20% of the vehicle accommodation area will be shaded.
   (C)   No paving may be placed within 12 and one-half feet (measured from the center of the trunk) of any tree retained to comply with division (A) above, and new trees planted to comply with division (A) above shall be located so that they are surrounded by at least 200 square feet of unpaved area.
   (D)   Vehicle accommodation areas shall be laid out and detailed to prevent vehicles from striking trees. Vehicles will be presumed to have a body overhang of three feet, six inches.
(Ord. passed 12-20-2001) Penalty, see § 152.999
§ 152.497 NEW CONSTRUCTION LANDSCAPE REQUIREMENTS.
   (A)   Purpose. The purpose of this section is to improve property values and community appearance, allow for the ecological benefits provided by plants, prevent the overcrowding of land, and enhance the welfare of citizens.
   (B)   Applications.
      (1)   All easements and rights-of-way shall be landscaped in accordance with the ARC specifications.
      (2)   Plants indigenous to the area should be utilized.
      (3)   All landscaping shall be completed according to the final landscape plan as approved.
      (4)   All homes must be landscaped prior to obtaining a certificate of occupancy.
      (5)   All applicants and participating builders shall make a diligent effort to protect all remaining trees during construction.
      (6)   The following represents mandatory landscaping requirements prior to submission of the certificate of compliance:
         (a)   A landscape plan to be submitted with the site plan in order to obtain a building permit;
         (b)   Trees of four inches in caliper or larger are to remain on site between property lines and setbacks except in cases of hardships;
         (c)   All disturbed areas shall be seeded or mulched;
         (d)   Right-of-way to be seeded or mulched;
         (e)   Trees of at least six feet in height or one inch in caliper are to be planted at a rate of one tree per 5,000 square feet increments, and existing trees will fulfill this requirement, and the types of trees are to be specified on drawings; and
         (f)   Foundation shrubs are to be planted at a maximum of five feet on center around entire parameter excluding garage and deck, and shrubs are to be at least five gallon in size minimum and in good condition. Types of shrubs are to be specified on drawings.
(Ord. passed 12-20-2001) Penalty, see § 152.999
GUIDE FOR LANDSCAPING
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