Statesville City Zoning Code

The City of Statesville deems it necessary and desirable in the interest of public health, safety and welfare to enact an ordinance for the preservation, planting, and replacement of trees and shrubs and to prevent the indiscriminate pruning and removal of trees and shrubs on city owned property or right-of-way. The importance of trees is recognized for their shade, cooling, noise and wind reduction, soil erosion prevention, oxygen production, dust filtration, carbon dioxide absorption, aesthetic and economic enhancement of all real property, and their contribution to the general being of the citizens of Statesville.

The purpose of this chapter is to regulate the planting, maintenance and removal of trees and shrubs on city and municipally owned property and rights-of-way wherever located. This chapter is also intended to provide for the trimming or removal of trees on private property when they obscure street lights, interfere with utility lines or constitute a hazard to pedestrian or vehicular traffic, thus endangering the public health, safety or welfare.

The main purpose of this chapter is to encourage the protection of trees and shrubs and express the city's intent to use trees to maintain and create a more aesthetically pleasing environment. To this end, the city's policy towards trees within the rights-of-way and other city property is to promote, wherever possible, the conservation, retention, and where necessary, replacement and planting of trees and shrubs.

In carrying out this policy, the criteria for removal of a tree or shrub on the city property or rights-of-way shall be based upon criteria set forth in section 24-9 of this chapter.

(Ord. No. 33-91, § 1, 5-6-91)

The following words and terms shall have the meanings respectively ascribed:

City property: All real property which is owned or leased by the City of Statesville or which is maintained by it, or any part of any right-of-way as defined hereinafter.

Critical root zone: "Critical root zone" is defined as a circular area surrounding the tree. The radius of the area constitutes the distance from the outside of the trunk of any point twelve (12) times the diameter at breast height (DBH). The critical root zone shall extend to a depth of five (5) feet below surface ground level.

Diameter breast height (DBH): The diameter of the trunk of a tree four and one-half (4½) feet above average grade.

Rare tree: "Rare trees" are herein defined as any healthy living tree that:

(a)

Has a trunk diameter at breast height (DBH) of thirty-six (36) inches or more; or

(b)

A trunk diameter at breast height (DBH) of eighteen (18) inches or more in the case of the following species:

Carpinus (Hornbeam)

Ilex spp. (Holly)

Magnolia spp.

Tsuga spp. (Hemolock)

Right-of-way: That property located within and adjoining the streets, roads and highways within the city, which rights-of-way are owned by the city or the state or are otherwise maintained by the city or the state.

Specimen trees: "Specimen trees" are herein defined as any healthy living tree that:

(a)

Has a trunk diameter at breast height (DBH) of twenty-four (24) inches or more;

(b)

A trunk diameter at breast height (DBH) of twelve (12) inches or more in the case of the following species:

Carpinus (Hornbeam)

Ilex spp. (Holly)

Magnolia spp.

Tsuga spp. (Hemolock)

(Ord. No. 33-91, § 2, 5-6-91)

The terms and provisions of this chapter shall apply to all city property as previously defined. The terms and provisions of this chapter shall be consistent with any requirements imposed by state law or by the North Carolina Department of Transportation in connection with any state-owned or maintained right-of-way.

(Ord. No. 33-91, § 3, 5-6-91)

For the purpose of carrying out the provisions of this chapter, the city manager or his duly appointed agents shall have the jurisdiction, authority, control, supervision, and direction over all trees and shrubs planted or growing upon city property and rights-of-way within the city and the planting, removal, care, maintenance, and protection thereof including the enforcement of the provisions of this chapter.

(Ord. No. 33-91, § 4, 5-6-91)

Editor's note— Ord. No. 24-13, adopted Oct. 21, 2013, repealed § 24-5, which pertained to city tree board and derived from Ord. No. 33-91, § 5, 5-6-91; Ord. No. 54-01, 12-18-01.

(a)

No person shall remove, destroy, cut, prune (including the root system) or otherwise treat any tree or shrub having its trunk in or upon any city property or street right-of-way or contract with another person to perform such acts without first obtaining a written permit from the city manager or his duly appointed agent/s and without complying strictly with the provisions of the permit and provisions of this chapter.

(b)

Public and private utilities shall submit written specifications for pruning and trenching operations to the city for approval. Upon approval of its specifications, a utility shall not be required to obtain a permit for routine trenching and pruning operations affecting trees or shrubs having their trunks on public streets or city property so long as such work is done in strict accordance with the approved specifications.

(c)

No person shall plant or contract with another to plant any tree or shrub in any public street right-of-way or city property without a permit from the city.

(d)

Individual permits will not be required for city and/or North Carolina Department of Transportation projects so long as tree preservation and protection requirements are included in the project plans, and approved by the city manager or his duly appointed agent/s.

(Ord. No. 33-91, § 6, 5-6-91)

(a)

It shall be unlawful for any person, except with written permit, to place or maintain upon the ground in any public street or city property any compacted stone, cement or other impervious matter or substance in such a manner as may obstruct the free access of air and water to the roots of any tree or shrub in any such street or place. This provision shall not apply to the paving, repairing or altering of the public streets, sidewalks and other public places by the city.

(b)

No person shall perform or contract with another to perform construction work (including the operation or storage of equipment or materials) within the critical root zone of any rare or specimen tree having its trunk on any public street or city property without first obtaining a permit from the city and complying with requirements which may include erecting protective barricades or enclosures at designated locations.

(c)

It shall be unlawful for any person to attach any object, including but not limited to rope, wire, chain or sign, to any tree or shrub in or upon any public street or city property or to the guard or stake intended for the protection of such tree except for the purpose of protecting it or the public.

(d)

Damages to city trees or shrubs in violation of the provisions of this article shall be determined by the city manager or his designated agent/s in accordance with section 24-12. However, no claims shall be made more than five (5) years after damage can be proven to have occurred.

(Ord. No. 33-91, § 7, 5-6-91)

The city manager or his designated agent/s shall have the right to trim and/or remove trees or shrubs on property bordering city property and rights-of-way that obstruct or shade the street lights, obstruct utility lines, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, obstruct view of any street or alley intersection or otherwise interfere with the free and safe passage along the public street by pedestrians and vehicular traffic. Trees on private property whose roots may damage sidewalks, public streets, public water or sewer mains or other public utilities may also be removed or trimmed. Any tree or shrub or part thereof in violation of this section is hereby declared to be a hazardous and dangerous condition.

(Ord. No. 33-91, § 8, 5-6-91)

(a)

The city manager or his designated agent/s shall have the right to plant, trim, spray, preserve and remove trees and shrubs on all city property and rights-of-way or issue a permit for such action as may be necessary to insure safety or preserve the appearance and beauty of such public areas.

(b)

Removal of trees shall be selectively carried and no permit shall be issued unless one of the following conditions exists:

(1)

The tree or shrub is located where structures, utilities, lawn areas or other improvements are to be placed and removing such tree(s) is essential for the proper development of the tract and the relocation of the tree is not feasible; or

(2)

The tree or shrub is dead, diseased, injured, is causing disruption of public utility service, is causing drainage or passage problems upon rights-of-way, poses a threat to pedestrian or vehicular safety or conflicts with ordinances or regulations not otherwise suspended herein; or

(3)

The removal of the tree or shrub is necessary and desirable in order to enhance or benefit the health or condition of other trees.

(c)

If any tree or shrub on city property right-of-way is to be removed during construction, including new construction, repair, or rehabilitation, an application for a tree removal permit shall be submitted with the application for site plan approval or the application for a zoning permit.

(Ord. No. 33-91, § 9, 5-6-91)

In the case of emergencies, such as windstorms, ice storms, fire or other disasters, the requirements of this chapter may be waived by the city during the emergency period so that the requirements of this chapter will in no way hamper private or public work to restore order in the city. This shall not be interpreted to be a general waiver of the intent of this chapter.

(Ord. No. 33-91, § 10, 5-6-91)

(a)

Any person who violates any of the provisions of this chapter shall be notified by the city manager or his designated agent/s of the specific violation by certified or registered mail, return receipt requested, or by hand delivery. The notice shall set forth the nature of the violation, the penalty the violation is subjected to, the measures required to comply with this chapter, if compliance is at all practicable, and a reasonable time period within which compliance must be had.

(b)

Reserved.

(c)

Reserved.

(d)

In the event any person is dissatisfied with the decision of the city manager or his designee, such person may file a written appeal within seven (7) days of the decision of the city council. This appeal must be in writing and directed to the city manager who shall have the appeal placed before the council for a final determination, from which there shall be no further appeal.

(e)

No regulated tree shall be removed during the pendency of any appeal.

(Ord. No. 33-91, § 11, 5-6-91; Ord. No. 54-01, 12-18-01)

Any person who violates any of the provisions of this chapter shall be subject to civil penalty assessed by the city manager or his designee, taking into consideration the amount of money that the violator would be required to spend in order to be in compliance with the requirement of the specific Code provision violated, including the replacement of or value of any removed tree. Notice of the violation shall be given by the city manager or his designee in accordance with section 24-11 hereof. Upon failure of the violator to appeal as set forth in section 24-11 hereof or pay the assessed penalty within thirty (30) days, an action in the nature of debt in the name of the City of Statesville in the appropriate division of the general courts of justice may be instituted by the city for recovery of the penalty. This violation subjects the offender to a civil penalty, pursuant to the authority granted by North Carolina General Statutes section 160A-175, and does not subject the offender to the penalty provisions of North Carolina General Statutes section 14-4.

(Ord. No. 33-91, § 12, 5-6-91)

Whenever there exists reasonable cause to believe that any person is violating this chapter or any standards adopted pursuant to this chapter or any term, condition or provision of any approved permit, the City of Statesville may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action in the name of the City of Statesville for a mandatory or prohibitory injunction and an order of abatement demanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property.

Upon determination of a court that an alleged violation is occurring, it shall enter such orders or judgments as are necessary to abate the violation. The institution of an action for injunctive relief under this provision shall not relieve any party to such proceedings from any civil penalty prescribed for violation of this chapter.

(Ord. No. 33-91, § 13, 5-6-91)

The procedure set forth in this chapter shall be in addition to any other remedies that may exist under the law for the planting or cutting of trees including sections 6-5, 6-38, 12-326, 14-17, 15-34 and 20-4 of the Statesville City Code.

(Ord. No. 33-91, § 14, 5-6-91)