For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE METHODS OF COMPLIANCE. Alternate tree planting plans, plant materials, planting methods, or reforestation may be used where unreasonable or impracticable situations would result from application of the tree planting and preservation requirements.
ANSI. American National Standards Institute (ANSI) is a private, non-profit organization that administers and coordinates the U.S. voluntary standardization and conformity assessment system. This includes tree care operations for trees, shrubs, and woody plant maintenance.
APPEAL. An action requesting reversal or modification of a decision made by the Zoning Administrator based on his or her interpretation of the code. APPEALS are made to the Village Board of Adjustment.
AUGURING. A practice to reduce the damage to and loss of individual trees where underground construction involves a tree’s critical root zone (CRZ).
BOARD OF ADJUSTMENT. A Board appointed by the Village Council to hear, decide, or recommend on applications for variances, special use permits, and appeals of the Zoning Administrator.
CALIPER. Diameter measurement of tree trunk taken at six inches above ground for trees up to and including trees four inches CALIPER. For larger trees, measurement of CALIPER shall be taken at 12 inches above ground level.
CANOPY. The upper most spreading branchy layer of a tree.
CANOPY TREE. A deciduous tree with a height at maturity greater than 35 feet which produces significant shade due to the size and shape of its canopy.
CERTIFIED ARBORIST. A person who is properly licensed through a combination of either a professional certification or ISA certification as an arborist.
CLEAR CUT. Felling and removal of all trees from an area. Typically an indiscriminate removal of trees except in the case of silviculture harvesting where tree removal is followed with a forest replanting or regeneration effort to keep the land forested.
CLUSTER OF TREES. A group of trees gathered together in a natural state.
DBH (DIAMETER BREAST HEIGHT). The diameter of a tree four and one-half feet above the average ground level.
DECIDUOUS. Plants or trees that lose their leaves annually.
DEVELOPMENT. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure; excavation, grading, filling, clearing, or alteration of land; the subdivision of land as defined in G.S.§ 160D-802; or the initiation or substantial change in the use of land or the intensity of use of land.
DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval that is written and that is required prior to commencing development or undertaking a specific activity, project or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to this article, including play approvals, permits issued, development agreements entered into, and building permits issued. A development approval is valid for one year after issuance. If the applicants fails to substantially commence authorized work within one year, then the development approval permit expires.
DRIP LINE. An imaginary vertical line extending from the outmost portion of the tree canopy to the ground.
EVERGREEN. Plants than maintain their leaves throughout the year.
EXISTING TREE CANOPY. Tree canopy that existed for at least three years prior to development as evidenced by the village or county aerial photography and/or satellite imagery.
EXOTIC/INVASIVE SPECIES. An alien species that becomes established in natural or semi-natural ecosystems or habitats and threatens native plants and when such species spread they threaten biological diversity. INVASIVE SPECIES include English Ivy-Hedera helix, Chinese Wisteria-Wisteria sinensis, Japanese Wisteria-Wisteria floribunda, Japanese Honeysuckle-Lonicera japonica, Kudzu-Puearia Montana.
FOREST MANAGEMENT PLAN. A document that defines a landowner’s forest management objectives and describes specific measures to be taken to achieve those objectives.
GRADING or LAND DISTURBING. Any use of land by any person that results in a change of the natural cover or topography and that may cause to contribute to sedimentation or soil compaction.
HERITAGE TREE. Any tree that is 12 inches in diameter or larger measured at four and one- half feet above grade (i.e., diameter at breast height).
LAND CLEARING. The large scale indiscriminate removal of trees, shrubs, and undergrowth with the intention of preparing real property for non-agricultural development.
LARGE MATURING TREE. A tree whose height is greater than 60 feet at maturity and meets the specifications of American Standards for Nursery Stock published by the American Association of Nurserymen.
MEDIUM MATURING TREE. A tree whose height is 30 to 60 feet at maturity.
MONOCULTURE. A single, homogeneous culture without diversity or dissension.
OPEN SPACE. A portion of a development site that is permanently set aside for public or private use and will not be developed. OPEN SPACE may be used as community open space or green space.
NATIVE SPECIES. Refers to a tree species whose geographic range during pre-colonial times includes the mountains of North Carolina.
PARKING AREA. All vehicular areas including parking areas, vehicles storage areas, access and maneuvering areas, and the like.
PARKING LOT PLANTING. Planting areas within and adjacent to parking areas designed to shade and improve the attractiveness of large areas of pavement.
PLANTING STRIP. A ground surface located outside of any public right-of-way that is free of impervious cover and/or paved material and is reserved for landscaping purposes.
PLANTING YARD. A strip of land (of various widths) provided along the perimeter of a site for the installation of plant material in a combination of canopy trees, and/or understory trees and shrubs.
PROTECTIVE FENCING. A physical and visual barrier installed around the critical root zone of a tree to prevent damage to the tree and root system. At a minimum, this would include four-foot tall orange safety fencing.
PRUNING. The cutting off or removal of dead or living parts of a tree or shrub. See ANSI standards for recommended PRUNING practices.
SIGHT TRIANGLE. The triangular area formed by a diagonal line connecting two points located on intersecting property lines (or a property line and the curb or a driveway), each point being 35 feet from the point of intersection.
ZONING ADMINISTRATOR. The Zoning Administrator for the Village of Sugar Mountain.
(Prior Code, Ch. 12 Appendix II) (Res. R-2021.9, passed 6-22-2021)