Mount Holly City Zoning Code

CHAPTER 10

LANDSCAPING AND TREE PROTECTION

§ 10.1 PURPOSE AND INTENT.

(A) It is the purpose of this chapter to preserve, protect and promote the health, safety and general welfare of the public by providing for the regulation of the planting, maintenance and removal of trees located on roadways, parks and public areas owned or controlled by the city and on new developments and alterations to previous developments on private property. These regulations will not prohibit any individual resident of Mount Holly from removing or pruning any tree on his or her property, nor will they prohibit harvesting timber in accordance with G.S. § 160D-921.

(B) The purpose and intent of these regulations is to establish minimum standards for preservation of existing and the planting of new trees and vegetation in order to:

(1) Better control soil erosion;

(2) Reduce the hazards of flooding;

(3) Stabilize the ground water tables;

(4) Absorb carbon dioxide;

(5) Provide shade for cooling;

(6) Screen noise, dust and glare;

(7) Enhance property values;

(8) Provide architectural interest and human scale;

(9) Preserve, protect, and enhance the natural environment;

(10) Maintain and/or improve aesthetic values; and

(11) Promote a diversity of species in the urban forest.

(Ord. passed 5-13-1996)

§ 10.2 ADMINISTRATION.

(A) Tree Board. There is hereby created and established a City Tree Board for the City of Mount Holly, North Carolina, which shall consist of five members, citizens and residents of the city, who shall be appointed by the Mayor with the approval of the Council.

(B) Term of office. The term of the five persons to be appointed by the Mayor shall be three years; except that, the term of two of the members appointed to the first Board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.

(D) Duties and responsibilities. It shall be the responsibility of the Board to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the City Council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Mount Holly, North Carolina. The Board, when requested by the City Council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work.

(E) Operation. The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.

(F) Interference with City Tree Board. It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees or trees on private grounds, as authorized in this ordinance.

(G) Review by City Council. The City Council shall have the right to review the conduct, acts and decisions of the City Tree Board. Any person may appeal from any ruling or order of the City Tree Board to the City Council who may hear the matter and make final decision.

(H) Penalty. Any person violating any provision of this ordinance shall be, upon conviction or a plea of guilty, subject to a fine equal to the cost the city incurred to take the necessary corrective action, or $500, whichever is greater.

(Ord. passed 5-13-1996)

§ 10.3 DEFINITIONS.

As used within this ordinance, the following terms shall have the meanings set forth in this section.

ALTERNATIVE METHODS OF COMPLIANCE. Alternate tree planting plans, plant materials, planting methods or reforestation may be used where unreasonable or impracticable situations would result from application of the tree planting and preservation requirements.

APPEAL. A request to a higher authority as a result of a decision determined by the Administrator or governing body, elected or appointed.

CALIPER. Diameter measurement of tree-trunk taken at six inches above ground level for trees up to and including trees four inches in caliper. For larger trees, measurement of CALIPER shall be taken at 12 inches above ground level.

CANOPY. The uppermost spreading branchy layer of a tree.

CANOPY COVER. The area that falls within a tree’s drip line.

CANOPY TREE. A tree, either single or multi-stemmed (i.e., in clump form) that has a height of at least ten feet and is of a species which, at maturity, can be expected to reach a height in excess of 50 feet under normal growing conditions in the local climate.

CLEAR CUT. Felling and removal of all trees from an area. Typically, an indiscriminate removal of trees, except in the case of silviculture harvesting where tree removal is followed up with a forest replanting or regeneration effort to keep the land forested.

CLUSTER OF TREES. A group of trees gathered together in their natural state.

DBH (DIAMETER BREAST HEIGHT). The diameter of a tree four and one-half feet above the average ground level.

DECIDUOUS. Plants or trees that lose their leaves annually.

DEVELOPER. A person or company who engages in development activities as defined below.

DEVELOPMENT. The act, process or state of erecting buildings or structures or making improvements that require submittal of a non-residential site plan, a minor subdivision plan, or a major development plan as required in the City of Mount Holly Subdivision Ordinance.

DEVELOPMENT PERMITS. A permit issued by the Planning Director that authorizes the recipient to make use of property in accordance with the requirements of this ordinance.

DRIP LINE. An imaginary vertical line extending from the outermost portion of the tree canopy to the ground.

EVERGREEN. Plants or trees that retain their leaves throughout the year.

EXISTING TREE CANOPY. Tree canopy that existed for at least two years prior to development as evidence by the town or county aerial photography and/or satellite imagery.

EXOTIC/INVASIVE SPECIES. An alien species that becomes established in natural or semi-natural ecosystems or habitats and threatens native plants and when such species spread they threaten biological diversity. Invasive species include English Ivy-Hedera helix, Chinese Wisteria-Wisteria sinensis, Japanese Wisteria-Wisteria floribunda, Japanese Honeysuckle- Lonicera japonica, Kudzu-Pueraria Montana and non-native bamboo.

GRADING or LAND DISTURBING. Any use of land by any person that results in a change of the natural cover or topography and that may cause or contribute to sedimentation or soil compaction.

HERITAGE TREE. Any tree that is listed in the North Carolina Big Trees List, the American Forest Association’s Champion Tree list or any tree that would measure 80% of the points of a tree on the North Carolina Big Trees List.

LAND CLEARING. The large scale indiscriminant removal of trees, shrubs, and undergrowth with the intention of preparing real property for non-agricultural development.

LARGE MATURING TREE. A tree whose height is greater than 50 feet at maturity and meets the specification of American Standards for Nursery Stock, published by the American Association of Nurserymen. See also CANOPY TREE.

MEDIUM MATURING TREE. A tree whose height is 25-50 feet at maturity and meets the specification of American Standards for Nursery Stock, published by the American Association of Nurserymen.

NATIVE SPECIES. Refers to a tree species whose geographic range during pre-colonial times included the Piedmont of North Carolina, and can be found at the North Carolina Division of Forest Resources.

PARK TREE. Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.

PARKING LOT. Any area or tract or partial tract of land used for the storage or parking or vehicles.

PARKING LOT PLANTINGS. Planting areas within and adjacent to parking areas designed to shade and improve the attractiveness of large areas of pavement.

PLANTING STRIP. A ground surface located outside of any public right-of-way that is free of impervious cover and/or paved material and is reserved for landscaping purposes.

PLANTING YARD. A strip of land (of various widths) provided along the perimeter of a site for the installation of plant material in a combination of canopy trees and/or under story trees and shrubs.

PRUNING. The cutting off or removal of dead or living parts of a tree or shrub. See ANSI standards for recommended pruning practices.

SHRUB. A woody plant of relatively low height, having several stems arising from the base and lacking a single trunk; a bush.

SITE PLAN. A plan depicting the proposed development of a property, in terms of the location, scale and configuration of buildings and other features.

SMALL MATURING TREE. A tree whose height is less than 25 feet at maturity and meets the specifications of American Standards for Nursery Stock, published by the American Association of Nurserymen.

SPECIMEN TREE. A tree or group of trees considered to be an important community asset due to its unique or noteworthy characteristics or values. A tree may be considered a SPECIMEN TREE based on its size, age, rarity or special historical or ecological significance as determined by the city. Examples include large hardwoods (e.g., oaks, poplars, maples and the like) and softwoods (e.g., pine species) in good or better condition with a dbh of 24 inches or greater, and smaller understory trees (e.g., dogwoods, redbuds, sourwoods, persimmons and the like) in good or better condition with a dbh of ten inches or greater.

STAND. A group of trees of sufficiently uniform and/ or complimentary species composition, age and condition that they may be considered homogenous unit for management purposes.

STREET TREE. Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the city.

SUSTAINABLE. Capable of being continued with minimal negative long-term effects on the environment, the economy and on residents’ quality of life.

TOPPING. The inappropriate removal or cutting back of major portions of a tree by any pruning practice resulting in more than 25% of the foliage and limbs being removed. This includes any pruning that leads to disfigurement of the normal shape of the tree. TOPPING is also referred to as HEADING, STUBBING, ROUNDING or DEHORNING.

TREE BOARD. A five-member advisory board responsible for making decisions regarding trees in public spaces.

TREE INVENTORY. The gathering of accurate information on the health and diversity of the community forest on a development site or within Mount Holly.

TREE PROTECTION ZONE. The critical root and tree protection zone is defined as the critical area above and below ground with a radius equivalent to one foot outside of the drip line.

TREE SAVE AREA. An area measured in square feet containing existing healthy tree canopy in a single-family subdivision or an area containing existing or mitigated off site healthy tree canopy in a commercial development. The area may include up to five feet beyond the drip line of the tree.

(Ord. passed 5-13-1996)

§ 10.4 LANDSCAPING MATERIALS.

(A) Small maturing trees (up to 25-foot height).

(1) Akebono (Daybreak) Yoshino Cherry;

(2) Autumn Brilliance Serviceberry;

(3) Crape Myrtle;

(4) Eastern Redbud;

(5) Flame Amur Maple;

(6) Flowering Dogwood;

(7) Foster Holly;

(8) Greenleaf Holly;

(9) Japanese Maple;

(10) Kousa Dogwood;

(11) Little Gem Mognolia;

(12) Little Girl Hybrid Magnolia;

(13) Magnolia;

(14) Okame Cherry;

(15) Purpleblow Maple;

(16) Rutger’s Hybrid Dogwood;

(17) Saucer Magnolia; and

(18) Snowgoose Japanese Flowering Cherry.

(B) Medium maturing trees (25- to 50-foot height).

(1) American Hornbeam;

(2) Autumn Gold Ginkgo;

(3) Black Gum;

(4) Carolina Cherrylaurel;

(5) Crape Myrtle;

(6) Dura-Heat River Birch;

(7) East Palatka Holly;

(8) European Hornbeam;

(9) Galaxy Magnolia;

(10) Japanese Flowering Cherry;

(11) Legacy Sugar Maple;

(12) Legacy Sugar Maple;

(13) October Glory Red Maple;

(14) Paperbark Maple;

(15) Red Sunset Red Maple;

(16) Savannah Holly;

(17) Southern Magnolia;

(18) Trident Maple; and

(19) Yoshino Cherry.

(1) Allee Elm;

(2) Armstrong Red Maple;

(3) Athena Elm;

(4) Autumn Blaze Freeman Maple;

(5) Baldcypress;

(6) Bonfire Sugar Maple;

(7) Bowhall Red Maple;

(8) Commemoration Sugar Maple;

(9) Dawn Redwood;

(10) Drake Elm;

(11) Fairmont Ginkgo;

(12) Green Mountain Sugar Maple;

(13) Green Vase Japanese Zelkova;

(14) Magyar Ginkgo;

(15) Nuttall Oak;

(16) Overcup Oak;

(17) Princeton Sentry Ginkgo;

(18) Rotundilobo Fruitless Sweetgum;

(19) Sawtooth Oak;

(20) Shumard Oak;

(21) Southern Magnolia;

(22) Southern Red Oak;

(23) Village Green Japanese Zelkova;

(24) White Oak; and

(25) Willow Oak.

(D) Shrubs.

(1) Aesculus parviflora (Bottlebush Buckeye);

(2) Aronia arbutifolia (Red Chokeberry);

(3) Berberis julianae* (Wintergreen Barberry);

(4) Buddleia davidii* (Butterfly Bush);

(5) Callicarpa (Beautyberry);

(6) Calycanthus floridus* (Sweetshrub);

(7) Camellia japonica sasanqua* (Camellia);

(8) Caryoptoris species* (Bluebeard);

(9) Chamaecyparis pisifera cultivar (Japanese False Cypress);

(10) Clethra alnifolia (Summersweet Clethra);

(11) Cornus sericea* (Red Osier Dogwood);

(12) Cyrill racimiflora (Leatherwood);

(13) Cytisrus scoparius* (Scotch Broom)

(14) Deutzia gucillis (Smooth Deutza);

(15) Exochorda racemosa (Pearlbush);

(16) Forsythis intermedia (Border forsythia);

(17) Hydrangea species (Hydrangea);

(18) Hypericum frondosum (St. Johns Wort);

(19) Illicium parviflorum (Small Anise Tree);

(20) Ilex crenata cultivars* (Japanese Holly);

(21) Ilex glabra* (Inkberry Holly);

(22) Ilex vomitoria* (Yaupon Holly);

(23) Ilex verticillata* (Winterberry Holly);

(24) Itea virginica (Virginia Sweetspire);

(25) Lespedeza thumburgii (Shrub Lespedeza);

(26) Loropetalum (Chinese Lorpetalum);

(27) Juniperus cultivars* (Juniper);

(28) Mahonia bealel (Leatherleaf Mahonia);

(29) Myrica cerifera* (Wax Myrtle);

(30) Nandina-firepower* (Dwarf varieties only);

(31) Osmanthus fortunel* (“Zabel” Skip Laurel);

(32) Osmanthus species* (Fragrant Tea Oliver);

(33) Philadelphus species (Mock Orange);

(34) Pieris japonica (Japanese Andromedia);

(35) Prunus lauroceracus* (“Zabel” “Zabeb” Skip Laurel);

(36) Pseudocydonia sinensis* (Quince);

(37) Pyacantha species* (Firethorn);

(38) Rosmarinus officinalis* (Rosemary);

(39) Rhododendron species* (Rhododendron and Azalea);

(40) Sacococca hookavana* (Sweet Box);

(41) Spiea species* (Spirea); and

(42) Viburnum species* (Viburnum).

Notes: * Indicated desired species.

(Ord. passed 5-13-1996; Ord. passed - -)

§ 10.5 REQUIRED LANDSCAPING/BUFFER YARDS.

Buffer yards are natural areas of specified widths that serve as a visual screen between different zoning districts. Buffer yards shall be of different types, based upon the relationship between the two land uses where the buffer yard is to be located and may include natural plantings, a wall, fence or berm. The width of the buffer yard and the density of plantings shall increase as the difference in intensity between adjacent zoning districts increases. Minimum buffer yard dimensions shall be measured horizontally; minimum buffer yard widths shall be measured from the respective property line. Where buffer yards turn at property corners, the length measurements determining plant quantities shall not be required to overlap.

(A) Landscaping and buffer yard requirements. Screening and buffering shall be required under the following situations:

(1) When a lot is:

(a) In an industrial district abuts a lot in a residential district, screening must be provided on the Industrial lot in the form of a Type E Screen/Buffer;

(b) In a commercial district abuts a lot in a residential district, screening must be provided on the commercial lot in the form of a Type D Screen/Buffer;

(c) In an office district abuts a lot in a residential district, screening must be provided on the office lot in the form of a Type C Screen/Buffer;

(d) In a residential district abuts another lot which contains a multi-family development, screening must be provided on the lot containing said multifamily development in the form of a Type C Screen/Buffer; or

(e) Containing a use subject to the issuance of a non-residential SUP or CD that abuts a lot in residential district the approval body may stipulate a version of Type A, B or C Screen/Buffer be provided on the SUP or CD lot.

(2) (a) When the front yard of a lot developed in an industrial district is located directly across a public street from a residential district; screening, at a minimum, must be provided on the industrial lot at a minimum in the form of a Type B Screen/Buffer.

(b) In lieu of said screen, all principal and accessory structures and off-street parking facilities must be set back in the front yard at least 100 feet from the edge of the road right-of-way.

(3) For open-air storage, or an unenclosed structure consisting of a roof, but no walls used for storage of materials, products, wastes or equipment associated with business or industrial uses located in any zoning district within 100 feet of the street right-of-way, screening must be provided so as to materially screen said storage or storage in the form of a berm, wall or fence or an appropriate amount of natural plantings so as to provide the necessary amount of screening.

(4) Except as provided herein, screening shall not be required between any two lots which contain principal residential uses.

(5) Screening and buffering shall be provided as otherwise called for in this ordinance.

(6) A minimum of Type A buffer shall be required for any non-residential use abutting a residential district unless otherwise indicated in this ordinance.

(B) Buffer yard composition standards. Buffer yard widths and landscaping shall meet or exceed the following standards:

Table 10.5.2-1: Type A Buffer Yard
Option	Width (FT)	Fence of Berm Required?	Minimum # Canopy Trees Per 100 Linear Ft.	Minimum # Understory Trees Per 100 Linear Ft.	Minimum # Shrubs Per 100 Linear Ft.
1	10	No	2	2	15
2	8	No	3	3	20
3	5	Yes	2	2	15

Table 10.5.2-2: Type B Buffer Yard
Option	Width	Fence of Berm Required?	Minimum # Canopy Trees Per 100 Linear Ft.	Mini mu m # Sma ll Mat urin g Tree s Per 100 Line ar Ft.	Minimum # Shrubs Per 100 Linear Ft.
1	20	No	3	3	25
2	10	No	4	4	35
3	5	Yes	3	3	25

Table 10.5.2-3: Type C Buffer Yard
Option	Width	Fence of Berm Required?	Minimum # Canopy Trees Per 100 Linear Ft.	Minimum # Small Maturing Trees Per 100 Linear Ft.	Minimum # Shrubs Per 100 Linear Ft.
1	25	No	4	3	35
2	15	Yes	5	4	30
3	10	Yes	4	3	30

Table 10.5.2-4: Type D Buffer Yard
Option	Width	Fence of Berm Required?	Minimum # Canopy Trees Per 100 Linear Ft.	Minimum # Small Maturing Trees Per 100 Linear Ft.	Minimum # Shrubs Per 100 Linear Ft.
1	30	No	5	4	45
2	20	Yes	6	5	40
3	15	Yes	5	4	40

Table 10.5.2-5: Type E Buffer Yard
Option	Width	Fence of Berm Required?	Minimum # Canopy Trees Per 100 Linear Ft.	Mini mu m # Sm all Mat urin g Tre es Per 100 Line ar Ft.	Minimum # Shrubs Per 100 Linear Ft.
1	45	No	5	4	50
2	30	Yes	6	5	45
3	20	Yes	5	4	45

(1) Prohibited uses. The construction of any building or the placement of any mechanical equipment within a buffer yard shall not be permitted, except for equipment necessary for the provision of utilities. Active recreational uses, such as ball fields, swimming pools and tennis courts or other active structured recreational uses, or circulation drives or parking lots shall not be allowed within the buffer yard area.

(2) Permitted uses. The following other uses may be permitted in a buffer yard area provided that none of the required plant material is eliminated, the intended screening is accomplished, the total width of the buffer yard is maintained, and all other requirements of this chapter are met:

(a) Sculpture, outdoor furniture;

(b) Open space areas (provided that, none of the uses listed in division (C)(1) above are located within the buffer yard area); and

(3) Existing vegetation. Existing healthy vegetation may be counted toward the required buffer yard. The landscape plan submitted for approval shall indicate the number, type, size and location of such plant materials. Existing vegetation that the Administrator deems “unhealthy” and not likely to materially serve as a screening agent for the foreseeable future may be disqualified as counting towards the required buffer.

(4) Application toward setback requirements. Buffer yard areas shall be counted towards meeting applicable building setback areas.

(5) Standards for walls and fences. Fences used for buffering purposes shall be constructed in a durable fashion with weather resistant wood and be of consistent pattern. All materials used in the construction of a fence shall be designed and intended for such use. Notwithstanding the foregoing, the Administrator may approve a buffer fence constructed of other materials; provided, the materials and finish used will provide generally the same degree of opacity, durability and aesthetic compatibility with adjoining residential areas as weather resistant wood. A finished side of all walls or fences shall face the common property line boundary. No wall or fence used as part of a buffer shall be less than six feet or more than eight feet in height above grade unless approved by the Administrator.

(6) Standards for berms. All berms shall be planted with both shrubs and ground covers so as to leave no bare earth. All shrubs shall be a species that can be expected to materially buffer the development site within five years of planting. The slope of a berm shall be of a grade so that it is suitable for maintenance and soil stability while taking into consideration the type of plantings and ground cover that will be utilized, but in no case shall a berm be less than three feet in height. The use of Pueraria lobata (kudzu) for berm ground cover is not permitted, nor is any other nuisance veining plants that have a tendency to spread to other properties.

(7) Location of buffer yard. With the exception of buffering required for open storage any buffer yard required by this section shall be located along the side and/or rear property lines of the lot(s) containing the use subject to buffering. If buffering is required along the right-of-way, it shall be located behind such right-of-way.

(8) Evergreen shrubs. For all buffer yards, at least 50% of the required shrubs must be of an evergreen species.

(9) Interior plantings of parking lots.

(a) This requirement shall be met for all parking areas with more than ten parking spaces.

(b) The parking lot shall be landscaped with canopy trees as required by this section at the rate shown below. This requirement shall be initiated by the initial use or development of the property. Canopy trees shall be provided at a rate of one canopy tree for each ten parking spaces. After the first two trees, any fractional remaining number of spaces over five shall require one additional tree. Required canopy trees shall be distributed throughout the parking area and shall be located within or adjacent to parking lots as tree islands, at the end of parking bays, inside medians or between rows of parking spaces. Canopy trees must be a minimum of ten feet in height and two inches in diameter, measured six inches above grade a planting. When mature, a canopy tree should be at least 50 feet in height and have a minimum crown width of 30 feet. A list of approved tree species can be found in § 10.4 of this ordinance.

(c) In addition, in any case where ten parking spaces are added, whether required or not, the entire parking lot including existing parking areas shall be landscaped if the total number of parking spaces on the lot equals more than ten parking spaces. Canopy trees must be planted directly adjacent to parking areas or located in a parking lot planting strip. If a parking lot planting strip is constructed, then the strip must be a minimum of 274 square feet with a minimum width of eight feet.

(d) If parking lot lighting is installed in a landscaped island, then the lighting should be designed to accommodate the trees planted in the island.

(e) The use of differing species around the parking area is encouraged to promote diversity in the overall urban tree canopy. The use of existing vegetation to satisfy this requirement is encouraged. Existing trees may receive this credit however; they must meet the requirements stated above for species and minimum diameter and height requirements. Supplemental plantings may be required in addition to native materials.

(10) Street tree canopy.

(a) Developers shall plant canopy trees along all public and private streets. The spacing of street trees will be in accordance with the three species size classes listed in § 10.4 of this ordinance, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect.

(b) The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 10.4 of this ordinance, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; large trees, four feet.

(c) No street trees shall be planted closer than 35 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planter closer than ten feet of any fire hydrant.

(d) No street trees other than those species listed as small trees in § 10.4 of this ordinance may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.

(e) If street trees are part of the plan or tree preservation is shown, then residential tree canopy may be waived upon review by the Planning Director.

(11) Residential tree canopy.

(a) Each lot shall provide canopy trees selected from § 10.4 in accordance with the following schedule:

Lot Size	Required # of Canopy Trees
Less than 7,999 sq. ft.	1 front yard, 1 rear yard
8,000 - 20,000 sq. ft.	2 front yard, 2 rear yard
More than 20,000 sq. ft.	3 front yard, 3 rear yard

(b) The use of differing species to be planted in residential yards is encouraged to promote diversity in the overall urban tree canopy. The use of existing vegetation to satisfy this requirement is encouraged. Supplemental plantings may be required in addition to native materials. Existing healthy canopy trees over six inches in caliper may be counted towards fulfilling this requirement; provided that, tree protection measures are used and maintained during construction. If there is a question regarding the health of a tree that cannot be resolved between the City of Mount Holly and the developer, the city may require that the developer hire a certified arborist to examine the tree in question. Required street trees may be counted towards the fulfillment of this requirement. All other trees required under this division (C)(11) shall be planted within the private lot.

(c) The developer shall submit a landscaping plan when said developer submits any required plans for development which will take place within the city limits or ETJ of the City of Mount Holly. A developer will not receive any permits or plan approvals from the City of Mount Holly until they have satisfied all provisions found within this ordinance.

(Ord. passed 5-13-1996; Ord. passed 8-14-2023)

§ 10.6 PRESERVATION OF EXISTING VEGETATION DURING CONSTRUCTION.

(A) Protective barricades shall be placed around all trees designated to be saved, prior to the start of development activities or grading.

(B) Protective barricades shall remain in place until development activities are complete. The area within the protective barricade shall remain free of all building materials, stockpiled soil or other construction debris. Construction traffic, storage of vehicles and materials and grading shall not take place within the protective areas of the existing trees.

(C) A tree protection plan shall be submitted with the landscape plan as part of the construction documents showing how the trees will be protected from the land disturbing activities.

(Ord. passed 5-13-1996)

§ 10.7 PLANTING STANDARDS.

(A) All new plant material shall be of good quality, installed in a sound, professional manner and meet the standards set forth in the American National Standards Institute (ANSI) A300 standards. The contractor shall warrant all new plant material for one year from time of installation.

(B) All trees shall be properly guyed or staked and mulched in accordance with accepted practices in the landscape industry.

(C) Where large maturing trees are required and overhead utility lines exist, small maturing trees planted one per 30 lineal feet shall be substituted with the approval of the Planning Director.

(D) In no instance will the City of Mount Holly be responsible for the maintenance of any vegetation unless such vegetation is located on property owned by the City of Mount Holly. At installation, large maturing trees shall not be less than ten feet in height with a minimum two-inch caliper. Small maturing trees shall be a minimum of one and one-fourth inch caliper and have a minimum height of eight feet. Installation and construction practices shall be utilized which preserve and replace existing topsoil or amend the soil to reduce compaction. New trees to be planted shall come from the list of approved species found in § 10.4 of this ordinance. At installation, evergreen trees shall not be less than eight feet in height with a minimum two-inch caliper.

(E) At installation, small shrubs shall be a minimum 18 inches in height and medium or large shrubs a minimum of 30 inches. Installation and construction practices shall be utilized which preserve existing topsoil or amend the soil to reduce compaction.

(F) No plants shall be planted within the sight distance triangle at an intersection, or driveway access points unless an unobstructed view between 30 inches and 84 inches of height is maintained.

(G) Existing vegetation may be applied toward the requirements of this ordinance upon approval of the Planning and Development Director.

(H) A minimum of 50% of new trees must be native species, and sites with more than 20 trees required will have to install multiple species pursuant to the Tree Ordinance Guidelines.

(Ord. passed 5-13-1996)

§ 10.8 TREE CARE.

(A) Public tree care. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

(B) Tree topping. It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree or other tree on public property. TOPPING is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Tree Board.

(C) Pruning, corner clearance. Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic-control device or sign.

(D) Removal of stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

(Ord. passed 5-13-1996)

§ 10.9 REVISIONS TO APPROVED LANDSCAPE PLANS.

Due to seasonal planting problems and/or a lack of plant availability, approved landscape plans may require minor revisions. Minor revisions to planting plans may be approved by the Planning and Development Department if:

(A) There is no reduction in the quantity of plant material;

(B) There is no significant change in size or location of plant materials; and/or

(C) The new plants are of the same general category (i.e., shade tree, ornamental tree, evergreen or shrub) and have the same general design characteristics (mature height, canopy cover) as the materials being replaced.

(Ord. passed 5-13-1996)

§ 10.10 INSPECTION OF SITES.

(A) Planning and Development staff and authorized representatives of the city may periodically inspect sites subject to the provisions of this ordinance.

(B) If, through inspection, it is determined that a person has failed to comply or is no longer in compliance with the provisions of this ordinance, a notice of violation shall be served upon that person by registered mail with return receipt or other means by the city in compliance with the procedures in G.S. § 160D-404(a). The notice shall set forth that which will be necessary to comply with the ordinance.

(C) The city shall have the power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this ordinance and for this purpose may enter at reasonable times upon the property, public or private, for the purpose of inspecting the site(s) subject to the provisions of this ordinance. No person shall refuse entry or access to any staff or authorized representative, of the city who requests entry for the purpose of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with that representative while in the process of carrying out official duties; provided, however, that, any staff or authorized representative of the city shall secure either the appropriate consent for inspection of areas not open to the public or will secure an appropriate inspection warrant.

(D) A certificate of occupancy for the development shall not be issued unless the landscaping required under this section is installed in accordance with these standards and in accordance with the approved site plan or subdivision plat.