10.3.1 Tree clearing certificate. The tree clearing certificate requirement has been developed to implement the enabling legislation granted to the town by the North Carolina General Assembly. The requirements for obtaining a tree clearing certificate and penalties for noncompliance are applicable to all undeveloped properties which are zoned for residential or nonresidential use located within the town limits. For the purposes of this Article, UNDEVELOPED PROPERTIES shall include any property within the town’s jurisdiction which is not subject to an approved development plan.
10.3.2 Exemptions from tree clearing certificates. The requirement to obtain a tree clearing certificate shall not apply to the activities listed below.
A. Normal forestry activities taking place on property which is taxed under the present-use value standard or conducted pursuant to a forestry management plan prepared or approved by a forester registered pursuant to G.S. Chapter 89B, and provided such activities are accomplished in compliance with this Article.
B. Properties with a town or county-approved development plan, provided such plan has not expired and that any clearing or vegetation removal is done in strict accordance with the approved development plan.
C. The removal of vegetation by public or private agencies within the lines of any public street rights-of-way, utility easements, or other town property, as may be necessary to ensure public safety, to obtain clear visibility at driveways or intersections, to perform authorized field survey work, or to preserve or enhance the symmetry and beauty of such town property.
D. The town-initiated or approved removal of any vegetation which is in an unsafe condition, constitutes a nuisance or noxious weed, or which by its nature is injurious to sanitary sewers, electrical power lines, gas lines, water lines, stream or conveyance channels, or other public improvements, or vegetation which is infected with any injurious fungus, insect, or other pest.
E. The removal of vegetation on property located within an approved residential subdivision which is zoned for single-family use, and provided such vegetation is not a portion of a required streetscape or other landscaping buffer.
10.3.3 Required buffers and vegetation protection areas. Other than that necessary to gain reasonable access to the property, clearing and/or removal of trees and other vegetation shall be prohibited in the areas listed below. In situations where one or more buffer zones or vegetation protection areas overlap on the same site, then the more restrictive requirement shall apply:
A. Within required project boundary buffer yards;
B. Within required street yard buffers; and
C. Any other areas necessary for the protection of existing vegetation as indicated within this ordinance (e.g., riparian buffers).
10.3.4 Protection of monumental trees and stands. To the greatest extent practicable, monumental trees and monumental tree stands should be protected and preserved during and after development. Measures such as the relocation or reconfiguration of buildings, parking areas, streets, and other features will be required by the UDO Administrator if deemed necessary to fulfill the intent of this ordinance. Monumental trees are considered a subset of protected trees and all regulations for protected trees shall apply to monumental trees.
10.3.5 Application requirements.
A. An application for a tree clearing certificate is not required for those activities which can demonstrate an exemption in accordance with the provisions of Article 10.3.2 above.
B. An application for a tree clearing certificate may be filed only by all the owners of the property or by such owners’ authorized agent.
C. An application for a tree clearing certificate shall be filed with the town on a form provided by the town, along with the fee prescribed by the Town Council.
D. The application form shall be accompanied by a vegetation protection plan which shall include, at a minimum, the following information on a sheet size no larger than 24 by 36 inches at a minimum scale of one inch equals 50 feet:
1. Vicinity map showing the location of the tract at a readable scale;
2. A map of the entire tract, including the property boundary of the entire tract by courses and distances with references to true meridian and the location and dimension of all on-site and adjacent off-site easements (e.g., drainage, utility, public access, aerial utility, conservation, and permanent and temporary construction easements);
3. General information about the tract, including, but not limited to, the owner of the tract, the current zoning of the tract, the area of the tract, and the special use zoning conditions, planned unit development master plan requirements, if applicable;
4. The location and use(s) of all existing building(s) on the tract;
5. The owner, current zoning, and present use of all contiguous properties (including property on opposite side of adjoining streets);
6. The general classification of all existing and proposed adjacent roadways and the ultimate right-of-way boundaries associated with these roadways;
7. The location and width of all future/existing buffers and associated vegetation protection areas, including riparian buffers, perimeter buffers, and perimeter streetscapes;
8. The proposed limits of timbering activities, including the location and extent of all tree protection fencing as required under Article 10.4; and
9. The location of all required protected trees (see Appendix II), as well as all other existing trees to be retained through the development process.
E. The UDO Administrator may reduce or waive the requirements for a vegetation protection plan in situations where it can be demonstrated that all vegetation removal will take place outside of required vegetation protection areas.
10.3.6 Procedure. Prior to the commencement of any vegetation clearing or removal on any undeveloped property, the owner or the owner’s agent must demonstrate exemption from the requirements of this Article, or submit the required application materials and applicable fees for a tree clearing certificate.
A. Upon receipt of documentation that a property is exempted from obtaining a tree clearing certificate, the UDO Administrator shall review all materials and make a determination if a property is exempted from the requirements, or if the requirements apply. In situations where exemption status is claimed based on forestry use, this documentation shall include proof that the property is taxed under the present-use value standard or a copy of the valid forestry management plan prepared or approved by a North Carolina registered forester. The decision of the UDO Administrator may be appealed to the Zoning Board of Adjustment pursuant to the provisions of Article 6.8 of this ordinance.
B. If a property is not exempted from the provisions pertaining to a tree clearing certificate, then such application materials shall include a vegetation protection plan consistent with the requirements listed in Article 10.3.5.D above.
C. The vegetation protection plan shall be reviewed by the UDO Administrator based upon the provisions of this Article. The Administrator may defer the decision on the vegetation protection plan to the Planning Board if he or she has concerns about the plan’s ability to meet the standards of this ordinance. In the event the Administrator disapproves the plan, an appeal may be filed with the Board of Adjustment within ten days of disapproval. If an appeal is filed, the Board of Adjustment shall decide whether to consider the appeal by majority vote and may affirm, reverse, or modify the Administrator’s disapproval.
D. An applicant for a tree clearing certificate shall be notified upon approval of the vegetation protection plan, and shall be free to erect or install any and all barriers necessary to protect existing vegetation within required buffer areas and vegetation protection areas from damage during tree clearing and/or removal activities. Failure to protect these areas shall result in penalties as indicated in Article 6.
E. Once all barriers for the protection of existing vegetation have been installed, a property owner or agent shall request inspection of such barriers for compliance with the requirements of this ordinance.
F. Upon a passing inspection of vegetation protection barriers, the UDO Administrator shall issue a tree clearing certificate, and authorized vegetation clearing and/or removal may commence.
G. An approved tree clearing certificate shall be valid for a period of not more than 12 months from the date of issuance.
10.3.7 Non-compliance. Failure to comply with the provisions of this Article shall constitute a violation of this ordinance, and shall subject an offending party to a series of actions, including the payment of fines, delay in development plan approval or building permit issuance, and the requirement to double the amount of required vegetation as would typically be required during the development plan review and approval process. The table below describes the penalties for non-compliance with this Article. An “X” in a particular cell indicates the associated penalty which applies.
Penalties for Non-Compliance | ||||
Type of Violation | Payment of Fines (based upon Article 6) | Review of all subsequent development plans by Planning Board | Five year delay in approval of a building permit | Requirement to double the landscaping provisions |
Property is exempt from tree clearing certificate requirements, but all or substantially all* vegetation within required buffers and/or vegetation protection areas is | X | X | X | |
Property owner obtains a tree clearing certificate, but removes some of the vegetation within | X | X | ||
Property is not exempt from tree clearing certificate requirements, but property owner obtains no certificate, and removes some of the vegetation within a | X | X | X | |
Property is not exempt from tree clearing certificate requirements, but property owner obtains no certificate, and removes all or substantially all* of the vegetation within a | X | X | X | X |
* “all or substantially all” shall mean 75% or more of the existing trees with a caliper of four inches or greater. | ||||
(Ord. passed 2-3-2021)