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A. Post Construction Inspection.
1. A permanent certificate of occupancy for any development shall not be issued unless the landscaping required under this section is installed in accordance with these standards and in accordance with the approved site plan, preliminary plat, planned development master plan, or building permit, as appropriate.
2. No person shall refuse entry or access to any staff or authorized representative of the Town who requests entry for the purpose of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with that representative while in the process of carrying out official duties.
B. Follow-Up Inspection. The Planning Director shall inspect the site one year after the issuance of a permanent certificate of occupancy in order to ensure compliance with this Ordinance.
C. Periodic Inspection.
1. The Planning Director may periodically inspect sites subject to the provisions of this Ordinance. If, through inspection, it is determined that a site does not comply with the approved site plan, preliminary plat, planned development master plan, or building permit, a notice to comply shall be served upon the landowner by registered mail with return receipt or other means by the Town.
2. The notice shall set forth that which will be necessary to comply with the Ordinance.
3. The Town shall have the power to conduct investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Ordinance and for this purpose may enter at reasonable times upon the property, public or private, for the purpose of inspecting the site(s) subject to the provisions of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
A. Damage or Removal of Vegetation is a Violation. The damage, disturbance, or removal of any landscaping area or vegetation required by this section shall constitute a violation of this Ordinance subject to the remedies described in Article 8: Enforcement.
B. Replacement Required.
1. Any disturbed landscaping areas, areas of preserved existing vegetation, or required plant material shall be replaced in accordance with the approved development application and these standards.
2. Trees or vegetation that die within one year of construction completion shall be removed and replaced with new vegetation of equal or greater size.
3. Replacement trees shall be planted within 180 days of removal of required vegetation.
C. Revegetation Plan Required. In cases where required landscaping or existing vegetation required to be preserved is damaged, disturbed, or removed, a revegetation plan shall be submitted for review and approval by the Planning Director, in accordance with the following standards:
1. Any tree with a caliper of at least eight inches that is damaged or removed shall be replaced with one or more trees that have a caliper of at least two and one-half (2 1/2) inches and a cumulative caliper equal to or greater than the original tree.
2. Trees damaged or destroyed less than eight inches in diameter shall be replaced to satisfy the performance criteria of this section.
3. Shrubs may also be required to restore the landscaping performance criteria for the disturbed area.
D. Location of Replacement Trees and Vegetation.
1. Replanting shall be located within the vicinity of the violation.
2. If the area is too small for sufficient growth, a more suitable location on the site may be selected, as permitted by the Planning Director.
(Ord. 2020-36, passed 12-2-2019)
In cases when a stormwater control measure is constructed and improved for active outdoor recreation space, a landscape plan shall be provided subject to the following conditions.
A. Area surrounding the SCM shall be landscaped to the Type A buffer standard per Table 5.6.10.C unless otherwise restricted based on engineering or State of North Carolina requirements.
B. Shrubs may be clustered if a combination of canopy and understory streets are planted.
C. Plantings within the pond area shall meet the recommendations of the NC State Extension Office for Stormwater Wetland Construction.
(Ord. 2022-41, passed 5-2-2022)
B. The physical amount of open space to be set aside within a particular development is a percentage of total development size. These percentage requirements is found in the dimensional standards tables for the zoning districts in Article 3: Districts. There is no limitation on the provision of additional open space set-aside beyond the minimum specified in Article 3: Districts.
C. Once the minimum amount of open space set-aside to be provided is determined, the type of open space set-aside, if specified, should also be determined.
D. Applicants should consult Section 5.7.5, Open Space Set-Aside Configuration, in order to understand any applicable design requirements or prohibited features.
E. The required amount of open space set-aside may be reduced based on the provision of sustainable development features in accordance with Section 5.12, Sustainability Incentives, or other aspects of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
The purpose of this section is to help ensure the provision and maintenance of open space resources that encourage recreation and the gathering of Town residents and visitors. These standards are further intended to:
A. Establish the standards under which residential, mixed-use, and nonresidential development shall set aside a portion of the development area as open space;
B. Distinguish between the characteristics, requirements, and appropriate locations for open space set-asides, based on the zoning district designation; and
C. Establish minimum ownership and maintenance standards for homeowner and property owner associations related to open space set-asides.
(Ord. 2020-36, passed 12-2-2019)
A. Generally.
1. Unless exempted in accordance with Section 5.7.3.C, Exemptions, the standards in this section shall apply to all new development and redevelopment in the City.
2. Redevelopment conducted after January 1, 2020, shall comply with the standards in this section, to the maximum extent practicable, and shall provide its pro rata share of open space set-aside.
B. Conservation Subdivisions. Open space set-asides associated with a conservation subdivision shall be subject to the standards in Section 6.2, Conservation Subdivision, in addition to these standards. In the event of a conflict, the standards in Section 6.2, Conservation Subdivision, shall control.
C. Exemptions. The following forms of development shall be exempted from the standards in this section:
1. Development of an individual single-family dwelling (including manufactured homes) on lots platted prior to January 1, 2020;
2. Subdivisions comprised solely of four or fewer lots where all lots intended for single-family detached residential dwellings;
3. Development located within the LI, IC, HI, and DTC districts.
(Ord. 2020-36, passed 12-2-2019)
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