Sec. 9.1.10. Lots Without Recorded Tree Conservation Areas

  1. Applicability
    1. Any tree disturbing activity, except a minor tree removal activity, on sites 2 acres and larger in size that do not have an established or recorded tree conservation area shall meet the requirements of this section.
    2. Nothing in this section shall prevent the otherwise lawful grading and installation of streets, utilities or other improvements shown on an approved subdivision plan or site plan.
    3. All applicable laws, including soil erosion and sedimentation control and tree protection regulations, must be obeyed. No champion tree, including its critical root zone, is subjected to any tree disturbing activity.
  2. Tree Protection Plan Required
    1. A tree protection plan must be approved by the Parks and Cultural Resources Director for all applicable tree protected areas.
    2. Tree protection fences must be in place prior to the issuance of any City permit and prior to engaging in any tree disturbing activity.
  3. Perimeter Buffers
    1. No tree disturbing activity, except a minor tree removal activity, shall occur within a 32-foot wide perimeter buffer when the adjoining or adjacent property is vacant.
    2. No tree disturbing activity, except a minor tree removal activity, shall occur within a 65-foot wide perimeter buffer when the adjacent property is roadway other than a Thoroughfare or is not vacant.
    3. No tree disturbing activity, except a minor tree removal activity, shall occur within a 50-foot wide perimeter buffer when the adjoining or adjacent property is a Thoroughfare or higher designation roadway.
    4. No trees 10 inches DBH or larger can be removed, with the exception that a maximum of 5 trees between 10 inches and 22 inches DBH may be removed within the 32-foot wide buffer, the 65-foot wide buffer or 50-foot wide Thoroughfare buffer, within a continuous 5-year period, with a permit issued by the City, provided that such tree removal would not diminish future tree conservation areas that may be required, all as shown on a report submitted to Development Services Department.
    5. In lieu of protecting perimeter buffers, tree conservation areas may be designated in conjunction with an approved development plan, or an approved forest management plan, provided that all tree conservation areas are shown on recorded plats.
  4. Forest Management Activity Allowed
    1. Forest management activity is allowed in the perimeter buffers provided that the landowners first record with the local County Register of Deeds a covenant running with and binding the land stating: "That forest management operations were initiated within regulated perimeter buffers of the real property on ____________ (date and year) and that pursuant to State Law, no building permit, site plan or subdivision plan will be approved by the local governing authority for a period of 5 years following harvesting completion date."
    2. A copy of this covenant recorded with the local County Register of Deeds shall be provided to the to the City.
    3. The allowable hours of operation any given day are between 7 AM and 8:30 PM, other than emergency work for the preservation of public health or safety.
    4. Access ways through perimeter buffers shall not exceed 25 feet in width and all construction entrances of the access ways must be constructed in accordance with the latest City "Guidelines for Land-Disturbing Activities" or latest State of North Carolina "Erosion and Sediment Control Planning and Design Manual", whichever is more stringent.
    5. At least 1 access way shall be permitted and additional access ways may be allowed provided such additional access ways are justified by a North Carolina registered forester and additional access ways fronting the same roadway are spaced at least 1,000 feet apart.
  5. Violations
    1. A violation of this section, where unlawful tree disturbing activity has occurred and trees and stumps are absent, shall subject the violator to a civil penalty equal to $1,000 for the first tree plus 35 cents of every square foot of unlawfully disturbed perimeter buffer.
    2. Where trees or stumps are present after unlawful tree disturbing activity has occurred, the civil penalty shall instead be calculated as $1,000 for the first tree plus $100 per diameter inch for any other tree or stump 3 inches diameter and larger.
    3. No civil penalty shall exceed 1/3 of the current land tax value of the entire site.
    4. The penalty shall be processed as set forth in Sec. 10.4.2. In addition to this civil penalty, within the unlawfully disturbed perimeter buffer, the land owner shall install one 2-inch caliper tree for each 200 square feet of all of the unlawfully disturbed perimeter buffer; provided that, in R-1 and R-2 no more than 15% of the acreage of the entire tract and no more 10% of the acreage of the entire tract of all other districts shall be planted.
    5. Prior to any replanting, the Parks, Recreation and Cultural Resources Director shall first approve a replacement planting and maintenance plan.
    6.  The replanting areas shall be designated as tree conservation areas on plats with delineated metes and bounds descriptions recorded with the local County Register of Deeds, however, the replacement planting areas shall not count toward the tree conservation percentage requirements of Sec. 9.1.3. Following the recording of this plat, no tree disturbing activity shall take place within the designated tree conservation areas.
    7. When an unlawful tree disturbing activity violation has occurred, the Parks, Recreation and Cultural Resources Director may require active tree preservation measures instead of tree removal and replacement and the owner shall carry out the active tree preservation measures required.