Article 6 Tree Protection 8.1 Purpose 8.2 Applicability 8.2.1 General Provisions 8.2.2 Exemptions 8.3 Permitting Procedure 8.4 Planting Procedure 8.5 Performance Guarantee Required for Belated Planting Schedule 8.6 Alternative Methods of Compliance 8.7 Required Tree Canopy Coverage 8.7.1 Dead and Unhealthy Trees not Counted Towards Minimum Coverage 8.7.2 Invasive Tree Species not Counted Towards Minimum Coverage 8.8 Priority Tree Protection Areas 8.9 Tree Save Areas 8.9.1 TSA Calculation and Qualification 8.9.2 Tree Planting Guidelines 8.10 Tree Protection During Construction 8.10.1 Clear Delineation 8.10.2 Area Protection 8.10.3 Steep Slope 8.11 Prohibited Activities within TSA s 8.11.1 Land Disturbance 8.11.2 Storage of Equipment 8.11.3 Encroachments 8.11.4 Stop Work Orders 8.12 Standards for Tree Replacement 8.12.1 Dimensional Standards 8.12.2. Site Preparation 8.12.3 Location of Replacement Vegetation 8.12.4 Trees Shall be Planted to Standard 8.13 Tree Removal Permit Required 8.1 Purpose It is the intent of this article to maintain, refurbish, and enhance the vitality of natural areas and open space within Laurel Park. In doing so, the community s environmental systems, aesthetic character and rural mountain characteristic will be held in balance with property and economic development. The regulations in this chapter seek to maintain an overall coverage of mature trees and existing landscaping for the community in order to: Protect and enhance the ecological and hydrological systems within town; Protect and enhance habitat for vegetation and wildlife; Mitigate the negative impacts of noise, glare, air and water pollution, and soil erosion on the environment of the community and on its inhabitants; Protect and enhance property values; Clean 1
Maintain the aesthetic quality of the community as a whole; Maximize economic development by bolstering natural aesthetics; and Moderate climate and reduce energy costs. 8.2 Applicability 8.2.1 General Provisions The requirements of this article shall apply to all land, public and private, within the Town of Laurel Park. 8.2.2 Exemptions The following conditions are exempt from the provisions of this chapter as The Town of Laurel recognizes that designing preexisting development to meet new regulations is more difficult and expensive than applying these standards to undeveloped properties. Therefore, greater flexibility will be granted to developed parcels as seen below: A. Improvements or repairs to interior and exterior features of existing structures or buildings which do not alter the existing landscape of the parcel. B. Additions to existing structures or buildings which do not add more than 10% to the existing built-upon footprint. C. Property covered by an active forestry management plan written by a North Carolina Registered Forester, provided documentation has been furnished to the town. 8.3 Permitting Procedure Prior to receiving a zoning certificate for any project within Town, the applicability of this article shall be determined by the Administrator. When an application is made for a development approval on any land to which the requirements of this article apply, the following shall be required: A. An inventory of significant natural features such as large trees and hedges located within the development area; B. A Landscape Plan that is drawn to scale that addresses the following: a. What trees and natural areas are to be preserved (including percentage of coverage) b. Where new plantings will be introduced and where c. A list of plant species to be planted d. Notation of other natural features such as streams, wetlands and bodies of water Plan Example: Must denote current vegetation Tree save areas and buffer zones Note: For residential development this may be drawn by the owner, but shall be accurate and to scale. (Tracing paper over aerial) Clean 2
8.4 Planting Procedure All planting materials specified within the approved Landscape Plan shall be installed prior to the issuance of the Certificate of Occupancy. An exception may be granted for a period not to exceed 180 days for the following circumstances: The unavailability of specified plant material Weather conditions that prohibit the completion of the project or jeopardize the health of the plant material Note: The best times to plant are in early spring and late fall. 8.5 Performance Guarantee Required for Belated Planting Schedule If it is determined by the Administrator that the exemptions listed in section 8.4 apply, the property owner or developer shall submit documentation of the estimated cost for the purchase and installation of the required planting areas and shall be required to post a performance guarantee equal to the amount of the contract. Said administrator may release a Conditional Certificate of Occupancy but shall not approves a Final Certificate of Occupancy until the planting requirements have been completed and approved. 8.6 Alternative Methods of Compliance Alternate landscaping plans, plant materials, planting methods or reforestation may be used where unreasonable or impractical situations would result from application of landscaping or tree preservation requirements. Such situations may result from streams, natural rock formations, topography, or other physical conditions; or from lot configuration, utility easements, unified development design, or unusual site conditions. The Administrator may approve an alternate plan, which proposes different plant materials or methods provided that quality, effectiveness, durability, and performance are equivalent to that required by this section. Decisions of said Administrator regarding alternate methods of compliance for landscaping and tree preservation may be appealed to the Board of Adjustment according to the provisions of Article ( ). 8.7 Required Tree Canopy Coverage All parcels, regardless of land use, shall maintain a minimum tree canopy coverage of at least one third or 33% of the total property area. If the existing tree canopy of the site is less than 33%, a planned Tree Save Area (TSA) that equals 33% of the total development area shall be required. 8.7.1 Dead and Unhealthy Trees not Counted Towards Minimum Coverage No credit for a tree save area shall be allowed for any dead tree, any tree in poor health, or any tree subject to grade alterations. 8.7.2 Invasive Tree Species not Counted Towards Minimum Coverage No credit for a tree save area shall be allowed for any exotic or invasive tree species. For a comprehensive list of said species please see the Recommended Species List as provided by the City of Hendersonville. Clean 3
8.8 Priority Tree Protection Areas The minimum canopy coverage requirement may be met through the retention of existing vegetation, supplemental plantings, or a combination of both; however, every reasonable effort shall be made to meet the baseline canopy coverage area through the retention of existing vegetation in the following priority areas of the site: Required buffer yards between residential and commercial uses Thoroughfare buffers and streetyards Conservation easements Riparian Areas Steep Slopes Special Flood Hazard Areas 8.9 Tree Save Areas (TSA s) Existing trees have the best chance of survival during development when they are left in protected stands. For this reason, it is encouraged that, wherever possible, the site be designed and developed so that TSA s are designated in a single, contiguous unit. 8.9.1 TSA Calculation and Qualification A TSA is determined by the tree canopy or tree cover which includes all areas of coverage by plant material exceeding five (5) feet in height and at a three (3) inch caliper. This canopy is inclusive of understory species such as Rhododendron, Mountain Laurel and other like plants 8.9.2 Planting Guidelines Placement in the Ground and Bracing Clean 4
Proper Spacing for Future Growth 8.10 Tree Protection During Construction During the site preparation and construction processes, tree and other vegetative life is most at risk. Therefore, the following minimum standards for protection during site preparation and construction are required: 8.10.1 Clear Delineation TSA s, vegetative buffers or other areas where existing vegetation is to be preserved shall be delineated on the approved Landscape Plan and shall be clearly protected by completely enclosing each area with a sturdy and visible fence prior to any land disturbance. 8.10.2 Area Protection Where site development is adjacent to other vegetative areas such as on adjacent parcels, existing buffer areas, streetscapes and the like, said areas shall be protected in the same manner as described in 8.10.1. 8.10.3 Steep Slope Where site development is to occur, where a protected area could be affected by stormwater runoff and or siltation, wire mesh silt fencing shall be provided above grade for mitigation. 8.11 Prohibited Activities within TSA s 8.11.1 Land Disturbance There shall be no clearing, excavation, soil compaction or changes of the existing grade within the delineated TSA or protection zone as shown on Clean 5
the Landscape Plan. Should the removal of underbrush vegetation take place, every effort should be made to minimize the disturbance. 8.11.2 Storage of Equipment The storage of construction or other vehicles and/or equipment, site construction materials, portable buildings, including portable toilets, or other heavy objects is prohibited within delineated tree save areas and tree protection zones. 8.11.3 Encroachments Where during construction it becomes absolutely necessary for activities to take place inside TSA or other protection zones, the Administrator shall be consulted, in advance of any activity. 8.11.4 Stop Work Orders A stop work order or notice of violation shall be issued if the project is found to be out of compliance with this section or an approved Landscape Plan. 8.12 Standards for Tree Replacement When a tree or other plant designated within the Landscape Plan to be preserved or planted needs to be replaced due to damage, removal or excessive pruning, said vegetation shall be replaced according to the following. 8.12.1 Dimensional Standards Replacement trees must be at least three (3) inch caliper trees and measure six (6) feet from the top of the root ball. 8.12.2. Site Preparation Trees planted for mitigation where the existing tree canopy must be removed due to conflicting design criteria or hardship approved by the Town must be planted in accordance with this section to obtain the required percentage. 8.12.3 Location of Replacement Vegetation Replacement vegetation should be located within the vicinity of the original as shown on the Landscape Plan. If replacement is not practical within the vicinity, a more suitable location on the site may be selected. 8.12.4 Trees Shall be Planted to Standard All new trees shall be planted using International Society of Agriculture tree planting standards. 8.12.4 Replacement Period Replacement trees shall be planted within the next planting cycle or within 180 days. 8.13 Tree Removal Permit Required Where a tree located on a commercially zoned parcel is to be removed that measures at an eight (8) inch caliper at breast level, a Tree Removal Permit shall be required. It is required that a tree with the same growth potential be replaced that meets the standards set forth in 8.12.1. Under no circumstance may a qualifying tree be removed for aesthetic purposes. Clean 6