§ 74-85. Authority; when required; procedure.

(a)

The Planning and Inspections Department of Pine Knoll Shores shall have the authority to administer the provisions of this article, shall issue such permits as required by this subdivision, and shall be responsible for providing the overall enforcement of this subdivision. The community appearance commission and the planning board shall review all applications for a landscape permit in accordance with this article. There are two types of landscape permits: 1) minor landscape permit; and 2) major landscape permit. The applicability of these permits is defined in subsection 74-59(b).

(b)

A final inspection by the planning board and the community appearance commission of the landscaping prior to the issuance of the certificate of occupancy by the building inspector is required except under the conditions set forth in subsection 74-64(d)(8).

(c)

The provisions of this article shall apply to new and redeveloped commercial construction, new and redeveloped residential subdivisions, new residential construction and external renovations or upgrades of an existing structure. Public and private utility companies which install overhead and underground utilities (including CATV) shall use care while performing all work affecting trees according to the provisions of subsection 74-64(e) and with as little damage to the tree's canopy, trunk, and root zone as possible. The provisions of chapter 70 regulate the planting, maintenance and removal of trees and shrubs in public areas.

(d)

It shall be unlawful to remove, relocate, grade, excavate, fill or disturb any sand, soil, dirt or earth, or damage, destroy or remove any trees or shrubbery unless such action is approved as provided herein and a landscape permit has been issued by the building inspector after approval by the community appearance commission and the planning board; provided, however, nothing herein shall be construed to prevent normal grass cutting or tree pruning, except on ocean frontal dunes or between such dunes and the primary structure on property adjacent to the ocean.

(e)

The community appearance commission and planning board shall review a completed minor landscape permit application and accompanying building permit, if applicable, within 30 days of receipt by the town and shall approve or disapprove based on the requirements of this chapter. A site inspection is required and the community appearance commission will take site photographs.

(f)

Upon completion of the work requested by the minor landscape permit application, the building inspector, community appearance commission, and planning board shall re-inspect the site, take photographs, and ascertain compliance with the permit.

(g)

The community appearance commission shall review a completed major landscape permit application, and accompanying building permit if a structure is to be erected, within 30 days of receipt by the town and shall approve, approve with conditions or deny the application based on the requirements set forth in this chapter. Photographs of the site will be taken during the site inspection by the community appearance commission.

(h)

If a major landscape permit application is approved or approved with conditions by the community appearance commission, the planning board shall act on the application following a site inspection and quasi-judicial hearing at its next scheduled meeting after all adjacent property owners have been given at least 14 days prior written notice sent registered mail return receipt. If an applicant is requesting that their building height limit be considered from approved grade rather than natural grade, the notice to adjacent property owners must indicate that establishment of approved grade has been requested. Requests for approved grade shall be evaluated in a quasi-judicial hearing separate from and prior to the rest of the major landscape permit, but the hearings may be conducted at the same meeting, and the findings for both hearings shall be the same. Approval of the approved grade and major landscape permit application requires a planning board finding that:

(1)

A stormwater plan has been submitted that meets the standards of this chapter; drainage patterns resulting from development will not produce runoff that is adverse to adjacent properties, to include town streets;

(2)

Vegetation will not be unduly destroyed;

(3)

Erosion will not result;

(4)

The vista from other properties will not be unduly blocked by grade changes that may permit a taller structure to be constructed than on natural grade;

(5)

That the resulting height of structures that will be permitted on the lot or tract as a result of grade changes will be compatible with the neighborhood; and

(6)

All requirements and standards of this chapter have been met.

The applicant has the burden of persuasion for the required findings.

(i)

Any person aggrieved by the decision of the community appearance commission and the planning board may appeal to the board of adjustment. The board of adjustment shall determine whether to consider the appeal on the record generated by the planning board or whether to hold a de novo quasi-judicial hearing on the appeal. Any person aggrieved by the final decision of the board of adjustment may appeal to the superior court by a proceeding in the nature certiorari.

(j)

Upon completion of the work requested by the major landscape permit application, the building inspector, community appearance commission, and planning board shall re-inspect the site, take photographs, and ascertain compliance with the permit.

(Ord. No. 2010-22, § XVIII, 11-9-2010; Ord. No. 2016-04, Art. 2, 4-13-2016; Ord. No. 2016-16, Art. II, e., 12-7-2016)