§ 74-64. Tree preservation, protection and replacement.

(a)

Purpose. The purpose of this section is to promote the preservation, maintenance, and planting of trees, plants and shrubs on private property to: Safeguard and enhance real estate values; reduce noise, glare, and heat; conserve energy; buffer noise and wind; mitigate stormwater runoff; protect properties from erosion; provide habitats for animals; and encourage the most appropriate use of land throughout the town. Compliance of landscape plans with tree preservation and protection standards is required before any permit will be issued. Before a certificate of occupancy will be issued, all landscaping must be completed in accordance with the approved landscape plan. Exceptions may be granted in accordance with the provisions of subsection 74-64(d)(8). Violations of any of the provisions of this section are subject to the penalties and remedies listed in section 74-28.

(b)

Lot owners shall strive to assure that any proposed new construction, development or redevelopment will make effective use of existing terrain and environment, preserve to the extent possible the maritime forest and shrubbery indigenous to the town and employ exterior designs and materials that harmonize well with the natural environment.

(c)

Designation and protection of native plants and plants of special concern. It shall be the policy of the town to protect to the maximum extent feasible those trees and shrubs native to the maritime forest in which the town is located. All structures, walls, decks, drives or other property improvements shall be designed in such a way so as to minimize the destruction of native plants and plants of special concern, and to preserve and to protect those remaining as much as practicable. Where landscaping is required by this division 2 Permits, it shall be accomplished as much as feasible through utilizing the existing topography and environment of the property and the use of those plants which naturally occur within this area or plants of special concern. The town hereby designates the following plants as plants of special concern which are listed in the pamphlet "Building and Landscaping in Pine Knoll Shores", available at Town Hall:

American Beach Grass	Laurel Oak
American Holly	Live Oak
American Olive	Loblolly Pine
Bayberry	Magnolia
Black Cherry	Mimosa
Black Gum	Northern Bayberry
Black Locust	Panigrass (Bitter Panicum)
Cherry Laurel	Purpleleaf Plum
Chickasaw Plum	Smilax
Chinese Holly	Red Maple
Common Crepemyrtle	Sea Oats
Crabapple	Southern Waxmyrtle
Dogwood	Sweet Gum
Eastern Red Cedar	Virginia Creeper
Hickory	Yaupon Holly
Ironwood	Water Oak
Japanese Black Pine	White Poplar
Japanese Maple	Willow Oak

 

(d)

Tree preservation standards.

(1)

If a property has been timbered or clear-cut, it cannot be subdivided or redeveloped for three years after removal of the trees to prevent subversion of the intent of the ordinance from which this section derives, as permitted by G.S. 160A-458.5(c)(1).

(2)

On each property for which a major landscape plan is required, the landscape plan must specify that new and existing trees that meet the standard of regulated trees that are anticipated to survive the development process, but do not, must be replaced by new 25 gallon trees of special concern or an equivalent as specifically approved by the community appearance commission. The community appearance commission shall review and determine the additional trees, if any, needed. The property owner shall be responsible for maintaining all replacement trees required by this section in a healthy condition for a period of two years from planting. Any dead, unhealthy or missing trees shall be replaced and replacement shall occur at the earliest suitable planting season as determined by the town.

(3)

On each property for which a tree plan is required by this section, the tree plan must allow for a minimum tree density standard as follows: For each 1,000 square feet of pervious surface, excluding septic field, one tree, six inches in diameter or greater measured at diameter breast height or 3.5 feet above natural grade, as applicable. New and/or existing trees that do not survive the development process must be replaced by new 25 gallon trees or an equivalent as specifically approved by the community appearance commission so that the minimum standard tree density is maintained. The property owner shall be responsible for maintaining all replacement trees required by this section in a healthy condition for a period of two years from planting. Any dead, unhealthy or missing trees shall be replaced and replacement shall occur at the earliest suitable planting season as determined by the town. Palm trees may not be used to meet the minimum density requirement. In the event that an oceanfront property cannot meet the required tree density based on six inch trees, the community appearance commission may recommend that the tree density be considered based on three inch trees.

(4)

Landscape plans for properties subject to the ordinance from which this section derives shall show the existing trees to be removed for development of the property. No regulated tree shall be destroyed outside the clearing limits indicated on the major landscape permit request unless written approval has been granted by the building inspector, community appearance commission, and planning board during the landscape plan and final plat approval process.

(5)

Planting of trees native to eastern North Carolina and/or adaptable to the coastal conditions and climate of Pine Knoll Shores is strongly encouraged. As a resource for development of landscape plans, the planning and inspections department shall maintain and make available a list of desirable trees based on mature height.

(6)

Property owners shall preserve all existing heritage and specimen trees unless doing so presents an economic hardship that denies property owners reasonable use of their property.

(7)

The planting of invasive and noxious plants, including, but not limited to Vitex rotundifolia, is prohibited. See section 38-12.

(8)

Requests for delay in completing the plantings called for in an approved major landscape plan may be granted if such delays are caused by poor weather conditions for planting, delay in obtaining plant material or by other circumstances beyond the control of the owner or developer. Requests shall be submitted in writing to the Pine Knoll Shores Planning and Inspections Department. Certificate of occupancy shall be issued upon approval of a request for planting delay. To receive an approval for this type of delay, the property owner shall post a bond or produce a certified check or an irrevocable letter of credit, any of which shall be 1½ times the estimated cost of the materials and planting. In any case, planting shall be completed within nine months from the approval of a request for a planting delay at which time the site will be inspected by the building inspector, community appearance commission and planning board.

(e)

Tree protection plans and standards.

(1)

Tree protection plans shall be required for all applications for landscape permits.

(2)

All major landscape permit applications shall show heritage trees, specimen trees, and existing trees being protected.

(3)

Adequate measures shall be taken to protect trees and their root systems. All trees to be preserved or protected and all newly planted trees shall be surrounded by protective barriers to safeguard tree roots and create the protected root zone. The minimum standard for barriers shall be fencing three feet high, clearly marked with tape. All construction activities: Excavating, trenching, construction storage and dumping, driving or parking of any vehicles and equipment, any change in grade due to excavation, soil placement or construction materials, or placement of any debris on tree roots shall be prohibited within these protected root zones. The building inspector will work with construction personnel to determine where construction equipment and materials may be placed on the lot. Barriers shall remain in place until all work is completed.

(4)

Tunneling shall be the preferred method of installing utilities if utilities cannot be routed around the tree and outside the protected root zone. Tunneling shall be offset to one side of the trunk and at a depth of greater than one foot. Based on guidelines that a tree requires a root ball of at least one foot for each one inch of trunk diameter, the area protected from tunneling should be calculated to determine the circumference area for tunneling.

(f)

Replacement of damaged shrubs and trees; time limit; violation.

(1)

The building inspector along with a person(s) from the community appearance commission and planning board are authorized to inspect the sites subject to the ordinance from which this section derives to determine compliance. Members of the community appearance commission and the planning board may conduct investigations deemed necessary to carry out the duties described herein.

(2)

Any sand, soil, dirt or earth which has been removed, relocated, graded, excavated, added to, filled or disturbed in violation of this chapter and any trees, shrubbery, grass or other vegetation which has been killed, damaged, destroyed or removed in violation of this chapter shall be restored or replaced within 60 days of notice from the building inspector. Each day after the 60-day period that the violator fails to perform such restoration or replacement shall constitute a new and separate violation. As required by provisions of this subdivision, any such replacement shall, where feasible, be accomplished through the use of plants which naturally occur within this area, with emphasis upon those plants of special concern.

(3)

Injury or destruction of trees protected by this section that result in total loss of a tree shall require replacement within six months of the notice of violation. Injuries shall be assessed by a professional arborist who will determine whether the tree can be treated. If untreatable, replacement of the injured tree(s) shall occur within six months at a ratio of one-to-one. The size of the replacement tree must be at least 25 gallons or an equivalent as specifically approved by the community appearance commission. Replacement trees must be approved by the community appearance commission. The property owner shall be responsible for maintaining all replacement trees required by this section in a healthy condition for a period of two years from planting. Any dead, unhealthy or missing trees shall be replaced and replacement shall occur at the earliest suitable planting season as determined by the town.

(4)

If any trees in the property owner's landscape plan are designated as not being disturbed but are severely damaged during construction or should die within 24 months after project completion, the developer or property owner shall replace the trees at the owner's expense. Replacement shall occur at a ratio of one-to-one. The size of the replacement trees must be at least 25 gallons or an equivalent as specifically approved by the community appearance commission. Replacement trees must be approved by the community appearance commission. The property owner shall be responsible for maintaining all replacement trees required by this section in a healthy condition for a period of two years from planting. Any dead, unhealthy or missing trees shall be replaced and replacement shall occur at the earliest suitable planting season as determined by the town.

(5)

In addition to the above penalties and remedies, the town may enforce any of the penalties listed in section 74-28, as applicable.

(Ord. No. 2010-22, § XIII, 11-9-2010; Ord. No. 2017, 12-13-2017)