Whereas, the Town of Indian Beach, being located on a barrier island between the waters of Bogue Sound and the Atlantic Ocean is environmentally sensitive owing to the nature of barrier islands on the North Carolina coast; and

Whereas, owing to the nature of the dynamics of barrier islands, use of individual properties within the Town is likely to detrimentally affect surrounding properties should the existing environmental balance be disturbed; and

Whereas, natural vegetation within the Town of Indian Beach is most desirable as promoting the existing environmental balance within said Town; and

Whereas, in areas where natural vegetation has heretofore been destroyed, a re-vegetation is highly desirable to promote the said environmental balance; and

Whereas, the Town, respecting the right of private ownership of property, wishes to encourage responsible development within the said Town for the enhancement of public safety and general welfare to the people within the Town of Indian Beach;

Now, therefore, the Town of Indian beach, does adopt as a part of its Zoning Ordinance, this Article which shall be referred to as the Environmental Protection Ordinance of the Town of Indian Beach.

The provisions of this Article shall be applicable to all existing districts within the Town of Indian Beach, excluding Mixed Unit Residential Development within the B-1 general business districts (see 1-A, 3.3 below), but including all other development in the general business district, the civic and municipal district, the general residential district, the single-family residential district, and the residential resort district, and any future districts that may be created hereinafter, regardless of whether specifically incorporated in or referenced in dimensional, area, use, or other requirements set forth for the said district.

Editor's note— [Text amended by Ord. of 10-11-2021 .]

3.1.

There shall remain intact on each lot or parcel of land within the Town of Indian Beach at least forty (40%) percent of the existing trees or shrubs whose trunks or main stems equal or exceed one (1") inch in diameter at grade.

3.2.

Forty (40%) percent of all natural vegetation shall remain intact on each lot or parcel of land. However, with the prior consent of the Zoning Board of Adjustment, disturbance within these natural areas may be allowed so long as the required percentages of protective trees and shrubs as set forth in the preceding Section are not disturbed and so long as the property owner agrees to replace or install topsoil and re-vegetate the property so that forty (40%) percent of the same is covered.

3.3.

Vegetation requirements for Mixed Residential Unit Development in a B-1 zoning district. In order to promote and provide more mixed residential unit ownership options for property owners within the Town, the following shall apply to Mixed Residential Unit Development in B-1 zoning districts.

There shall remain intact on each lot or parcel of land within the Town of Indian Beach at least forty (40%) percent of the existing trees whose trunk diameters are 4" or larger, 24" above the ground surface. Should such existing trees need to be removed to support an approved project development, new trees will be required to be planted so at the completion of construction a minimum of 40% of the original tree counts are in place. The Town Commissioners must approve, by majority vote, the indigenous species and size of replacement trees. The approved project developer or an owner's association must maintain the substituted trees and replace the same should they become nonviable.

Editor's note— [Subsection 3.3 added by Ord. of 10-11-2021 .]

Except for Mixed Residential Unit Development in a B-1 zoning district, in areas of the Town of Indian Beach that have been previously developed so that natural vegetation no longer covers forty (40%) percent of a lot or parcel of land, upon issuance of any building permit for additional development, the owner of said property must agree with the Town of Indian Beach in writing to install or replace topsoil and re-vegetate the lot or parcel of land so that at least forty (40%) percent of the said property is covered by vegetation at the conclusion of construction. Upon issuance of any building permit for additional development in a zone B-1 Mixed Residential Unit Development located, the owner of said property must agree with the Town of Indian Beach in writing to install or replace topsoil and re-vegetate the lot or parcel of land as required by 3.3 above.

Editor's note— [Text amended by Ord. of 10-11-2021 .]

5.1.

There shall be no use made within the vegetated area set forth in Section 3, above, other than recreation which in no way will disturb said vegetation.

5.2.

All structures shall be designed to blend in or suit natural features of surrounding land. In no case shall sensitive environmental topographical features be disturbed.

5.3.

Should the requirements of this Article cause undue hardship on a property owner, the Zoning Board of Adjustment may grant a variance of the requirements hereof as long as said Board is satisfied that the variance will not be detrimental to the environment of adjoining property and to the Town of Indian Beach. However, a variance shall be granted only to the extent necessary to allow a property owner reasonable use and enjoyment of his property.

6.1.

Issuance of Landscape Permit. No lot or tract of land, in whole or in part, in Indian Beach may be cleared, excavated, graded or filled and no improvements commenced on any property until the building inspector has issued a landscape permit; however, no landscape permit is needed for routine yard work or trimming and pruning of trees and shrubs which activity is neither intended nor likely to cause the death of trees and shrubs whose main stems equal or exceed two (2) inches in diameter at grade.

6.2.

Application for Landscape Permit. The application to the building inspector for a landscape permit shall be accompanied by a plan or plat drawn to scale and showing the following in sufficient detail to enable the building inspector to ascertain whether the proposed activity is in compliance with this Article:

(a)

The actual shape, location, and dimensions of the lot or tract of land.

(b)

The shape, size, and location of all buildings or other structures to be erected, altered or moved and of any building or other structures already on the lot.

(c)

All existing or proposed conditions on the property that are not natural. (For example, driveways, parking lots, utility lines, septic tank, etc.)

(d)

The existing and intended use of all buildings or other structures on or proposed for the property.

(e)

All areas of existing vegetation.

(f)

The areas on the property where vegetation will be cut or removed.

(g)

Such other information concerning the lot or property as required by the building inspector for determining whether the provisions of this article are being observed.

7.1.

The Town Manager is hereby vested to administer this Article to the same extent as the Building Inspector, specifically including but not being limited to, the issuance of landscape permits required under Section 6.

7.2.

Appeals. Decisions of the Town Manager in administering this Article are subject to appeal to the Board of Adjustment pursuant to G.S. 160A-388(b), as said statute may be amended from time to time, and pursuant to Article VIII, Section 4 of the Indian Beach Zoning Ordinance.