Kenansville City Zoning Code
MONUMENTAL TREE
PRESERVATION
§ 152.290 PURPOSE.
It is the purpose of this subchapter to:
(A) Promote the aesthetic quality of new development by preserving existing trees;
(B) Preserve trees that contribute to the historic character of the town;
(C) Prevent the wholesale clearing of land for development; and
(D) Preserve and protect property values.
(Ord. passed 3-5-2018)
§ 152.291 APPLICABILITY.
These regulations shall apply to all land development activities within the town with the exception of those activities specifically exempted by § 152.292 of this chapter.
(Ord. passed 3-5-2018)
§ 152.292 EXEMPTIONS.
The following shall be exempt from the requirements of this subchapter:
(A) The construction, reconstruction, expansion or modification of a detached single-family dwelling unit on an individual lot;
(B) The construction, reconstruction, expansion or modification of no more than two attached dwelling units; provided that, each unit is constructed with an individual driveway;
(C) The removal of any monumental tree that has become a hazardous tree or threatens to become a danger to human life or property. A tree is hazardous when it meets all of the following as determined by a certified arborist:
(1) It has a structural defect that predisposes the entire tree, or at least one-fifth or more of the tree’s crown, to structural failure;
(2) The DBH of the tree predisposed to structural failure is at least ten inches, or the diameter of the crown limb(s) predisposed to structural failure is at least eight inches at the largest point;
(3) The structural defect has a failure potential of “medium” or greater as described in the current edition of A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas, published by the International Society of Arboriculture, and cannot be remedied by an accepted arboricultural practice; and
(4) A target exists beneath or adjacent to the tree that could be injured or damaged, including but not limited to, pedestrians, vehicles, streets, sidewalks, buildings and other human-made structures.
(D) The necessary removal of monumental trees by a utility company within dedicated utility easements; and
(E) The removal of monumental trees causing the blockage or improper operation of storm water control facilities.
(Ord. passed 3-5-2018)
§ 152.293 PRESERVATION OF MONUMENTAL TREES AND MONUMENTAL TREE STANDS REQUIRED.
To the greatest extent practical, monumental trees and monumental tree stands shall be protected and preserved during and after development. Measures such as the relocation or reconfiguration of buildings, parking areas, streets and other features may be required by the Planning Board if it deems it necessary to fulfill the intent of this chapter.
(Ord. passed 3-5-2018)
§ 152.294 CRITERIA FOR DETERMINING MONUMENTAL TREES AND MONUMENTAL TREE STANDS.
(A) Definition of a “monumental tree”. A MONUMENTAL TREE is defined as follows:
(1) Any tree in fair or better condition which equals or exceeds the following DBH (diameter breast height) sizes:
(a) Sixteen-inch DBH: large hard- woods such as live oaks;
(b) Twenty-inch DBH: large softwoods such as pines; and
(c) Six-inch DBH: small ornamental trees such as dogwoods.
(2) A tree in fair or better condition is one that has a life expectancy of greater than 15 years, a structurally sound trunk which is solid and free of decay, no more than one major and several minor dead limbs (hardwoods only), no major insect infestations and is free of disease.
(3) A lesser-sized tree can be considered a monumental tree if it is a rare or unusual species, of exceptional or unique quality, or of historical significance.
(B) Monumental tree stands.MONUMENTAL TREE STANDS are defined as a contiguous grouping of trees which has been determined to be of high value to the community by the Planning Board. Such determination is based upon the following criteria:
(1) A relatively mature, even-aged stand;
(2) A stand with purity of species composition or of a rare or unusual nature;
(3) A stand of historical significance; and
(4) A stand with exceptional aesthetic quality.
(Ord. passed 3-5-2018)
§ 152.295 MONUMENTAL TREE SURVEY.
All applications for site plan approval and all preliminary subdivision plats shall be accompanied by a survey of all monumental trees and monumental tree stands on the subject property. At a minimum, the survey shall note the location, DBH and common name of individual trees that meet the criteria for monumental status. Trees comprising a monumental stand shall not need to be individually identified, but the area containing the stand shall be delineated on the survey and the composition of the stand shall be noted. Surveys for large parcels that are not going to be fully developed may exclude those areas located more than 50 feet from the boundary of the construction area.
(Ord. passed 3-5-2018)
§ 152.296 TREE PRESERVATION AND PROTECTION PLAN.
In addition to the required monumental tree survey, a complete tree preservation and protection plan shall be submitted with all applications for site plan approval and preliminary subdivision plat approval. The preservation and protection plan shall indicate which monumental trees and monumental tree stands on the subject property will be preserved, relocated or removed. The plan shall also indicate the type and location of all active and passive tree protection measures that will be installed and remain in place throughout the development process. The location of all proposed impervious surfaces shall also be delineated on the plan.
(Ord. passed 3-5-2018)
§ 152.297 REVIEW BY PLANNING BOARD.
The tree survey and preservation and protection plan shall be reviewed by the Planning Board as part of its site plan approval process and preliminary subdivision plat recommendation process. The Planning Board may require the alteration of a proposed site plan or subdivision plat to meet the intent of this subchapter. Approval of a site plan or a positive recommendation on a preliminary subdivision plat may be withheld for failure to comply with the terms of this subchapter.
(Ord. passed 3-5-2018)
§ 152.298 PRESERVATION REQUIRED.
All monumental trees and monumental tree stands that are identified for preservation on the approved preservation and protection plan shall be preserved and protected from harm through the development process. If, through reckless or careless action by the developer or through disregard for the requirements of this subchapter, the developer removes or destroys a tree or trees indicated for protection, he or she shall, at his or her expense, replace the tree(s). Replacement shall be achieved by planting two trees of the same variety for each tree removed or destroyed. Replacement trees shall be a minimum of eight feet tall and have a diameter of at least two inches measured six inches above the ground at the time of planting and shall be planted in the general vicinity of the removed or destroyed tree(s).
(Ord. passed 3-5-2018) Penalty, see § 152.999
§ 152.299 TREE PROTECTION DURING CONSTRUCTION.
(A) No person, in the construction of any structure(s) or improvement(s) or any activity, shall encroach or place solvents, material, construction machinery or temporary soil deposits within six feet of the area outside of the drip line, as defined in this chapter, of any monumental tree or any tree within a tree protection zone.
(B) (1) Before development, land clearing, filling or any land alteration, the developer shall be required to erect suitable protective barriers as required by the Ordinance Administrator, including tree fences, tree protection signs and erosion barriers until completion of site landscaping.
(2) Authorization to remove the protective devices shall be in writing by the Ordinance Administrator.
(3) Inspection of tree protection barriers is required prior to any land disturbance or development.
(4) The Ordinance Administrator shall be contacted to schedule an inspection time.
(C) (1) Materials for active tree protection shall consist of chain link, orange laminated plastic, wooden post and rail fencing or other equivalent restraining material.
(2) In addition to fencing, where active tree protection is required, each tree to be saved shall be marked at the base of the trunk with blue colored water-based paint.
(D) Materials for passive tree protection shall consist of heavy mil plastic flagging, a minimum of four inches wide with dark letters reading “Tree Protection Area - Do Not Enter” or equivalent signage of a continuous, durable restraint.
(E) All tree protection devices must remain in functioning condition until the certificate of occupancy is issued and must be removed promptly thereafter.
(Ord. passed 3-5-2018) Penalty, see § 152.999