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REQUEST FOR ACTION RFA-19-0888

Meeting Date: June 25, 2019

Prepared By: Ben Andrea

MEETING TYPE: Planning Board

TITLE: Discussion of Proposed Text Amendment for the Town of Leland Code of Ordinances -
Tree Regulations

PURPOSE: To discuss potential text amendments for The Town of Leland Code of Ordinances.

BACKGROUND: The Town regularly considers amendments to the code of ordinances to improve
processes, provide clarity, and update our standards. In April, Town Council directed
staff to draft regulations for tree retention and planting requirements. Staff has
researched ordinances from other jurisdictions and drafted regulations to prevent
clear cutting of lots, require trees defined as significant to be retained or mitigated,
and require trees that are planted as part of required parking lot or screening
plantings be from a new Landscape Species List.

SUMMARY: Staff is proposing for discussion the text amendments in Attachment A which is
included with this RFA. The following summarizes the draft language:

• Create regulations to prohibit clear cutting of lots

o The new language would add regulations prohibiting clear cutting of
lots in three scenarios: with forestry activities, prior to development,
and during development
• Define "significant trees" and add regulations requiring approval of such trees
and mitigation for removal
o Sets threshold of applicability to lots greater than 20,000 sq. ft.,
excluding most platted single-family residential lots
o Requires approval of for removal of "significant" trees, either as part
of site plan approval or as a standalone application if no development
is proposed
o Sets criteria for when a significant tree can be removed
o Establishes waivers for the required approval in certain situations,
such as in an emergency
o Requires mitigation for removal of significant trees; can be through
replanting or payment in-lieu of plantings to fund tree plantings in
nearby public areas (street rights-of-way, parks, etc)
• Clarifies that a landscape plan is required for site plan review or when a
significant tree is proposed to be removed
• Creates requirements for tree protection fencing or similar and regulates tree
protection areas to protect retained trees during development and
construction
• Creates requirement that trees planted for screening/buffering and parking
lot landscaping requirements must be from new Landscape Species List

Request for Action Page 1 of 21

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SUPPORT OF STUDIES 2016 Master Plan

OR PLANS:

FINANCIAL: n/a

ALTERNATIVES: n/a

RECOMMENDATION: Planning Board review the proposed text amendment and provide feedback and
suggestions to the proposed changes.

Request for Action Page 2 of 21

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Attachment A - Page 1

Sec. 66-254. – Screening and landscaping.

(a) Purpose. The intent of the requirements set forth in this section shall be to enhance the visual and
aesthetic appearance of the town; provide space definition and landscape continuity between the
built environment and the natural environment; provide appropriate barriers and relief from traffic,
noise, heat, glare and the spread of dust and debris; reduce the impact of development on the
community's storm drainage system and reduce flooding; aid in the conservation of energy; replenish
the atmosphere with oxygen; provide for a more pleasant and relaxing urban environment; and
increase property values. Furthermore, the intent of this section shall be to create a screen between
residential zoning districts and other zoning districts or to screen certain uses in order to minimize
potential nuisances, such as noise, dust, odor and light glare; reduce the visual impact of unsightly
aspects of adjacent development; provide for the separation of spaces; and establish a sense of
privacy.
(b) Clear Cutting. Commented [BA1]: Regulates clear cutting of lots
(1) With Forestry Activities – Properties shall not be clear-cut during the conduct of forestry or
silvicultural activities. To maintain the visual character of the site from adjoining properties and
right-of-way, a 50’ wide vegetated perimeter buffer shall be maintained while tree harvesting for
forestry occurs, exclusive of areas required for access to the site or connection to adjoining
sites.
(2) Prior to Development – Properties shall not be clear-cut prior to undertaking development
activities. To maintain the visual character of the site from adjoining properties and right-of-way,
a 50’ wide vegetated perimeter buffer shall be maintained, exclusive of areas required for
access to the site or connection to adjoining sites. Approval for removal of significant trees is
required as per Section 66-254(c). Applications proposing development of properties that failed
to maintain such a buffer prior to development may be denied for a period of up to five years
from the date of clearing in conformance with N.C.G.S. Section 160A-458.5.
(3) During Development – Properties shall not be clear cut while undertaking development
activities. The preservation of the maximum amount of existing vegetation and selective
removal of existing trees throughout the site is strongly encouraged during project design and
construction. In order to encourage such preservation, the planning and inspections director or
their designee may count established vegetation preserved during development towards the
landscaping requirement where the percent opacity requirement is met. Approval for removal of
significant trees is required as per Section 66-254(c).
(c) Removal of Significant Trees Commented [BA2]: Regulates removal of “significant”
trees
(1) Applicability – The requirements in this subsection shall apply to all parcels greater than 20,000
square feet. Commented [BA3]: Excludes most single family
(2) Significant Trees Defined - Significant Trees are defined as any hardwood tree or coniferous residential lots
tree with a diameter at breast height (DBH) equal to or greater than 24 inches, or any dogwood, Commented [BA4]: Defines “significant” trees; can be
American holly, or other flowering tree with a DBH equal to or greater than 8 inches. changed but starting point is language from New Hanover
County.
(3) Approval Required – No person, directly or indirectly, shall remove any significant tree as
defined in Section 66-254(c)(2) from public or private property without first obtaining tree
removal approval from the planning and inspections director or their designee. Tree removal
approval is required before any clearing, grading or other authorizations that may be issued
including building permits.
(4) Procedure - Tree removal approval may be granted in conjunction with approval of a
landscaping plan or independently if no development is proposed.
a. Tree removal with proposed development – proposals for removal of significant trees for
development projects shall be included on a landscaping plan per Section 66-254(d).

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Attachment A - Page 2

b. Tree removal without proposed development – proposals for removal of significant trees on
sites for which a development project is not proposed shall be submitted on Significant Tree
Removal Application. Applications shall include sufficient detail and information to
determine whether any of the criteria for approval in Section 66-254(6) are met.
(5) Waivers Commented [BA5]: Creates waivers for approvals for
a. The planning and inspections director or their designee may waive this section during an significant tree removal in certain situations
emergency such as a hurricane, tornado, windstorm, tropical storm, flood or other natural
disaster or emergency situation.
b. If any significant tree shall be determined to be in a hazardous condition so as to (1)
immediately endanger the public health, safety, or welfare, or (2) cause an immediate
disruption of public services, the planning and inspections director or their designee may
authorize the removal of the tree without a written permit. Following removal, the planning
and inspections director or their designee may determine that replacement with additional
trees is necessary. In making such determination the planning and inspections director or
their designee shall utilize such professional criteria and technical assistance as may be
necessary.
(6) Criteria for Approval – Approval for removal of significant trees shall be issued upon a Commented [BA6]: Sets out criteria that would allow for
determination by the planning and inspections director or their designee that the application significant tree to be removed if any one of these are met
complies with all applicable standards of this section and that any of the following conditions
exist:
a. That essential site improvements cannot be accommodated on the site without the removal
of significant trees;
b. The significant tree is dead, severely diseased, injured, or in danger of falling close to
existing or proposed structures.
c. The significant tree is causing disruption of existing utility service or causing passage
problems upon the right-of-way;
d. The significant tree is posing an identifiable threat to pedestrian or vehicular safety;
e. The significant tree violates state and local safety standards;
f. Removal of the significant tree is necessary to enhance or benefit the health or condition of
adjacent trees or property.
(7) Mitigation Required – The removal of any significant tree as defined in Section 66-254(c)(2) must Commented [BA7]: Requires mitigation for removal of
be mitigated in accordance with the following standards unless the tree is determined to have significant trees in most instances
died or is significantly damaged as a result of a natural disaster, then no mitigation will be
required unless the tree is needed to meet the minimum number required on the site.
a. The total caliper inches of all significant trees proposed for removal shall be totaled and
doubled. The resultant number of caliper inches must be planted back on the site with 2 -3" Commented [BA8]: Mitigation required is double what is
caliper trees as a minimum. removed
b. If in the determination of the planning and inspections director or their designee, the site
cannot accommodate the required numbers of trees, then only the amount of trees which
can be accommodated on the site will be replaced and the remainder of caliper inches shall
be mitigated through a payment in lieu of providing on-site trees. This mitigation payment
in-lieu shall be to be used for plantings of public spaces in the general vicinity of the project. Commented [BA9]: Mitigation can be payment in-lieu of
The amount of the payment shall be in accordance with the pricing standards of the Parks planting if planting not possible on site; would fund planting
and Recreation Department. trees in nearby public spaces
c. Any mitigation trees required as a result of the removal of significant trees shall not be
counted to meet the requirements of the bufferyard, buffers, or interior parking
requirements. These trees must be provided in addition to any tree required by this section.

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Attachment A - Page 3

(8) Penalties for Unauthorized Removal of Significant Trees - Failure to obtain a tree removal
permit prior to removal of any significant tree may result in a three or five-year delay in obtaining
a building permit or approval of any development or subdivision plan in conformance with
N.C.G.S. Section 160A-458.5.

(d) Landscape Plan Required. A landscape plan shall be submitted in conjunction with any required site Commented [BA10]: Requires landscape plan;
plan for a project that requires landscaping, buffers, screening, or significant tree removal. The landscaping is already required to be shown as part of site
landscape plan shall contain the following information: plan either on site plan or separate landscape plan.
(1) Details of required landscaping showing species, dimensions, and spacing of planted materials
and the use and protection of existing vegetation;
(2) Locations, dimensions and square footages of required screening, buffer strips and parking lot
landscaping;
(3) Locations of all significant trees as defined in Section 66-254(c)(2) and proposal for mitigation of Commented [BA11]: Landscape plan to show significant
removal of significant trees, if applicable; trees
(4) Tree protection areas for trees proposed to be retained;
(5) Proposed schedule for landscaping;
(6) Notation stating that prior to any clearing, grading or construction activity, tree protection fencing
will be installed around trees or groves of trees to be retained, including significant trees, and
that no construction workers, tools, materials, or vehicles are permitted within the tree protection
fencing.
(e) Tree protection during development. Commented [BA12]: Requires tree protection fencing or
similar on site for trees that are to be retained
(1) Physical Protection Required for Tree Protection Areas – Fences or other equally protective
barriers as determined by the planning and inspections director or their designee shall be used
to protect areas identified on an approved landscaping plan as to limit access to the protected
area, prevent the compaction of soil and the destruction or damage of the trees. Prior to any
development activity, the installation of the protective barrier is required. The protective barriers
shall not be relocated or moved temporarily without the written approval of the planning and
inspections director or their designee, and shall remain in place until all development activity is
completed and approved. Tree protection procedures must follow the specifications written in
accordance with standards in the current ANSI A300 Standards for Tree Care Operations, ANSI
Z133 Safety Standards, industry best management practices and administrative standards
developed by the Town.
(2) Restrictions within the Protected Areas – The following activities are prohibited within the
protected area inside of fences: parking of vehicles or equipment; storage of building materials,
refuse, or excavated soil; use of tree trunks as a backstop, winch support, anchorage, power
pole, sign post, or other similar function.
(bf) Temporary waiver. A certificate of compliance shall not be issued for any use located on a lot upon
which screening and/or landscaping is required, unless such screening and landscaping are
provided on such lot as specified in this section. The provision may be temporarily waived by the
code enforcement officer planning and inspections director or their designee in cases where it is not Commented [BA13]: Several changes of authority from
possible for the developer to install certain species of plant material prior to occupancy due to the code enforcement officer to planning/inspections director
recommended planting season not occurring at an appropriate phase in construction. In such case, or their designee
the time deadline for planting such materials shall be extended only to the nearest seasonal period
suitable for planting such materials.
(cg) Installation and maintenance. The plantings that constitute required buffering and landscaping
shall be properly installed and maintained in order to fulfill the purpose of which this section is
established. Plant species shall be recommended for healthy growth under local climate conditions,
not of a type highly prone to disease, and be of a type expected to be grown in a manner which will
satisfy the spirit and intent of this section. Plant materials shall be planted in accordance with

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Attachment A - Page 4

generally recommended and accepted planting and growing practices. The owner of the property
and any tenant on the property where buffering and landscaping are required shall be jointly and
severally responsible for the maintenance of all required landscaped materials. Such maintenance
shall include all actions necessary to keep the buffered and landscaped areas free of litter and
debris; keep plantings healthy; keep growth from interfering with safe vehicular or pedestrian travel,
or use of parking areas, or from creating any nuisances to adjoining properties; and keep walls,
fences and berms in good repair and neat in appearance. Any vegetation that constitutes a required
screen or landscaped area shall be replaced if it dies. All buffering and landscaping material shal l be
protected from damage.
(dh) Relief requirements.
(1) The code enforcement officer planning and inspections director or their designee may waive
certain portions of this section when he determines that unusual topography or elevation of a
development site or the location or size of the parcel to be developed would make strict
adherence to the requirements of this section and serve no meaningful purpose or would make
it physically impossible to install or maintain the required screening.
(2) The code enforcement officer planning and inspections director or their designee may alter the
requirements of this section if he determines that screening devices already exist and/or the
location and/or the size of the parcel involved creates a situation whereby the installation of the
required plantings would serve no useful purpose, or where a variation to the amount and/or
type of screening or landscaping required would serve equally effectively as that which is
required, provided that the spirit and intent of this chapter are maintained. Such an alteration
may occur only at the request of the developer, who shall submit a plan to the code
enforcement officer planning and inspections director or their designee showing existing site
features and proposed screening and landscaping features. This section shall not be construed
to categorically negate the necessity for establishing screening for uses which are adjacent to
vacant properties.
(ei) Easements and rights-of-way. Any planting which is proposed to be placed in a general drainage
and utility easement or in a street right-of-way must be approved by the town engineer.
(fj) Distance from roads and sidewalks. All trees shall be placed in the most feasible manner so as not
to interfere with roadways, sidewalks or streetlights and shall not be planted closer than eight feet to
a fire hydrant.
(gk) Distance from utilities. Any trees required by this section which are placed within 20 feet lateral
distance from the centerline of an above-ground electric utility line (the line connecting pole centers)
should have a maximum expected maturity height as follows:
(1) Zero to ten feet lateral distance of the centerline, 15-foot maximum expected maturity height;
and
(2) Greater than ten feet and up to 20 feet lateral distance of the centerline, 25-foot maximum
expected maturity height. Outside such 20 feet lateral distance, trees should be placed in the
most feasible manner to avoid future conflict with above-ground electric utilities and violations of
the National Electrical Safety Code, and to avoid conflict with any below-ground utilities and
drainage facilities. Variations to such distance requirements may be made with the approval of
the town engineer.
(hl) Additional landscaping. Any tree or planting required as provided in this section shall stand alone
and shall not be counted toward meeting the requirements for any other section.
(im) Where screening required. Screening shall be required under the following circumstances:
(1) Screening between residential and nonresidential uses shall be required when a nonresidential
use abuts a residential use. Screening shall be provided on the nonresidential use lot at the
time such lot is developed, initially or otherwise.
(2) Where a multifamily development abuts a residential zoning district, level 1-A screening shall
be required on the lot developed for multifamily purposes.

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Attachment A - Page 5

(jn) Screen and buffer strip standards. Required screening may be in the form of natural plantings,
planted berms, walls and/or fences. Screening, however, shall be encouraged in the form of natural
plantings. Existing plantings may be used, in whole or in part, to satisfy the requirements of this
section. Screening in the form of a planted berm, wall or fence may be used, provided that such
structures comply with all other applicable subsections of this section.
(1) Wall and fence standards. Fences shall be constructed in a durable fashion, with weather-
resistant wood, and be of a consistent pattern. All materials used in the construction of a fence
shall be designed and intended for such use. Notwithstanding the foregoing, the code
enforcement officer planning and inspections director or their designee may approve a buffer
fence constructed of other materials, provided the materials and finish used will generally
provide the same degree of opacity, durability and aesthetic compatibility as weather-resistant
wood. The finished side of all walls or fences shall face the common property line boundary. No
wall or fence used as a part of a screen shall be less than six feet, nor more than eight feet in
height, above grade. All walls or fences used for screen purposes shall generally be opaque at
a distance of ten feet.
(2) Berm standards. 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 screen 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 are any
other nuisance vining plants that have a tendency to spread to other properties.
(3) Natural planting standards. Where natural plantings are used, a buffer strip, in accordance with
figure 12A, in subsection (l) of this section, shall be planted. Such area shall be free of all
encroachments by structures, parking areas or other impervious surfaces. The amount and type
of buffer materials to be planted per 100 feet shall be as indicated in figure 12B, in subsection (l)
of this section. A fractional number of trees or shrubs of 0.5 and above shall be increased to the
next whole number. Species used for canopy and understory trees shall be from the
Landscape Species List. Commented [BA14]: Requires trees used for natural
(ko) Screening location. screening be from new Landscape Species List

(1) With the exception of screening required for open storage, any screening required by this
section shall be located along the side and/or rear property lines of the lot containing the use
subject to screening. If screening is required along the right-of-way, it shall be located behind
such right-of-way. In addition, where a private driveway intersects a street, visibility shall be
maintained within a site distance triangle formed by joining two points located 20 feet from the
intersection with the driveway and 30 feet from the intersection with the street.
(2) No structure, other than a mailbox, wall, fence, sidewalk or driveway, shall be permitted within
a required screen area. No off-street parking may be permitted within any required screen area.
Where plant materials are required, the required amount shall be installed on the side of any
wall or fence opposite the new development unless a waiver of such requirement is granted.
(lp) Required screening levels. The amount and type of screening to be provided as a minimum, is as
shown in figures 12A and 12B as follows:
FIGURE 12A. REQUIRED BUFFER LEVELS

Office and
Business Industrial
Institutional

Residential uses* Level 1 Level 2 Level 3**

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Attachment A - Page 6

Level of required screening between a residential use and nonresidential use.

An industrial use adjoining a residential use may reduce the buffer level from a level 3 to a level 2 if
no structure is located within 100 feet of the adjoining property line in question and if no external
apparatus or loading dock facilities are visible from the residential use or property line.

FIGURE 12B. REQUIRED BUFFER LEVELS

Level 1A Level 1 Level 2 Level 3

(feet) (feet) (feet) (feet)

Minimum buffer width* 10 12 22 30

Canopy 4 3 5 5

Understory N/A 3 4 6

Shrubs** 12 20 40 50

Minimum buffer width planting and wall or fence* N/A 6 12 20

Canopy N/A 4 3 3

Understory N/A 4 3 4

Shrubs** N/A 15 22 30

Minimum buffer width plantings and berm* N/A 10*** 14*** 20***

Canopy N/A 2 3 3

Understory N/A 2 3 4

Shrubs** N/A 18 30 35

Amount and type of plant material per 100 linear feet.

All shrubs are to be of a screening variety.

Includes the width of the berm.

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Attachment A - Page 7

Sec. 66-255. - Development plan and design requirements.

(a) Applicability; exceptions. All development, other than single-family detached and two-family
dwellings, and/or accessory buildings thereto, on individual lots and/or tracts not proposed for
subdivision, shall be in conformance with an approved development plan, except farming and/or
agriculture whereby the principal use of the development meets the definition of the term "bona fide
farm," as defined in section 66-4, and/or where a variance is granted from compliance with this
requirement.
(b) Compliance required. All development plans shall be required to satisfy the requirements and
procedures set forth in this section.
(c) Application and approval process in general.
(1) Applicants requesting a zoning compliance permit for development, other than that specifically
excepted in subsection (a) of this section, shall submit a development plan, together with any
and all required technical data specified and/or requested, for review by the code enforcement
officer or his authorized personnel planning and inspections director or their designee. Approval
of a satisfactory development plan is prerequisite to the issuance of a zoning compliance
permit.
(2) Applicants desiring input and/or recommendations from the code enforcement officer planning
and inspections director or their designee, director of public works or any other municipal official
prior to submittal of a development plan are encouraged first to prepare a sketch plan of the
proposed development before meeting to discuss specifics with municipal officials. Guidelines
for sketch plans are set forth in subsection (f) of this section.
(3) The applicant is encouraged to incorporate the recommendations of the code enforcement
officer or authorized staff reviewer planning and inspections director or their designee into the
development plan before submittal. The sketch plan is only a courtesy intended to inform the
applicant of the approval criteria prior to submittal of the development plan; furthermore, sketch
plan approval does not constitute approval of the development plan and may not be substituted
for any required approvals.
(4) Upon submittal of a development plan and all required materials specified by the code
enforcement officer planning and inspections director or their designee, the code enforcement
officer planning and inspections director or their designee shall have 20 days to either return the
development plan to the applicant with noncompliance findings noted, or notify the applicant of
an approval/rejection/recommendation for approval/return for revision and/or additional
information, depending on the source of the approval, i.e., code enforcement officer planning
and inspections director or their designee. Notification may be verbal, but must be documented
in writing within 30 days following the notification date. Each time a development plan is
rejected, revised or returned for additional information, the timetable for official action shall
begin anew. Should a period of 30 days elapse between the submittal of a development plan
and the issuance of written notification, the development plan shall be deemed
approved/recommended for approval.
(5) Applicants wishing to resubmit rejected development plans or submit a substantial revision, as
determined by the code enforcement officer planning and inspections director or their designee,
to approve development plans, must reapply for a zoning compliance permit, satisfying all of the
requirements required in this section.
(6) Applicants requesting development plan review/approval shall be required to pay a review fee
in accordance with the fee schedule. Fees are not applicable to sketch plan review an d/or
record drawing (as-built) review.
(d) Effect of development plan approval, validity. Approval of the development plan shall authorize the
applicant to proceed with the installation of site improvements, provided all other regulatory
requirements are satisfied. Approval shall not authorize the sale or transfer of lots/tracts/units, nor
the occupancy/use, nor the revision of the approved development plan. Development plan approval

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Attachment A - Page 8

shall be void unless installation of improvements is in accordance with the approved development
plan and/or approved revisions thereto. Development plan approval is valid for a period of nine
months from the date of approval; however, approved revisions shall not constitute additional time
unless specified in writing by the code enforcement officer planning and inspections director or their
designee upon approval of such revisions. Substantial revision to a development plan requiring
reapplication as described in subsection (c) of this section may constitute a new validation p eriod.
Projects requiring more than nine months for construction and completion may request additional
time in either the application or a subsequent letter or request; however, no approval shall be
granted for a period greater than two years. Projects requiring phased construction or approval for
periods exceeding two years shall submit development plans for each phase or each extended
period of construction, subject to the discretion of the code enforcement officer planning and
inspections director or their designee.
(e) Record of development plan (as-built), validity and effect.
(1) A set of record drawings and technical data shall be prepared by the applicant and submitted to
the code enforcement officer planning and inspections director or their designee for review of
compliance prior to occupancy and/or use of developments requiring development plan
approval. Within 15 days of receipt of the development plan, record drawings and technical
data, the code enforcement officer planning and inspections director or their designee shall
notify the applicant of any noncompliance or deficiency in such information. Record drawings
and technical data shall be kept on file at the office of the code enforcement officer planning and
inspections director or their designee, along with one copy of the approved development plan
and any approved revisions thereto (refer to subsection (h) of this section).
(2) Development not in compliance with an approved development plan shall not be eligible for
occupancy/use until all corrective measures are taken to satisfy the requirements in this section.
(f) Optional sketch plan requirements/recommendations and procedure.
(1) The optional sketch plan is encouraged and should be drawn to scale, preferably the scale
required for development plan submittal. Recommended information shall include the following:
a. Property boundaries and total acreage.
b. Major topographical and physical features (e.g., creeks, slopes, buildings, streets, etc.).
c. Proposed streets, buildings and/or lot arrangements.
d. Existing and proposed land use, with a brief project description, including building sizes,
unit sizes, lot sizes, open space, amenities, etc.
e. Names, addresses and telephone numbers of the applicant and the person preparing the
development plan.
f. Adjacent street names, numbers and right-of-way widths.
g. Zoning district classification of the site and surrounding properties, including those across
streets.
(2) At least two copies of the sketch plan shall be submitted.
(g) Development plan requirements/recommendations and procedure. The development plan shall be
submitted with the minimum required information and should contain all applicable recommended
information. The development plan shall be drawn to a scale of one inch equals 20 feet, unless
otherwise approved by the code enforcement officer planning and inspections director or their
designee. Required information may be waived and/or recommended information required, at the
discretion of the code enforcement officer planning and inspections director or their designee, where
special circumstances avail.
(1) Required information. Information required for the development plan shall include:
a. Existing and proposed topographic contours of the development area at vertical intervals of
no greater than five feet;

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Attachment A - Page 9

b. Location, use and outline of existing and proposed buildings and structures;
c. Location of proposed open spaces;
d. Location, names, pavement width and right-of-way width of existing streets;
e. Location, names, pavement widths, curb types, right-of-way widths, pavement types,
sidewalk locations and curb cuts of all proposed streets, parking facilities and site
improvements (refer to subsection (j) of this section);
f. Location of all existing and proposed utilities, including electrical, water, sewage, and
telephone and gas facilities, including easements (refer to subsection (j) of this section);
g. Location of all existing and proposed drainage facilities necessary to serve the site,
including easements;
h. Schedule of densities, showing the number and type of dwellings per acre;
i. Schedule of building uses, by type, showing the number of bedrooms, number of units and
floor area;
j. Buffer and screening devices proposed to separate uses within the development
Landscaping Plan per Section 66-254(d); Commented [BA15]: Replaced site plan requirements for
k. Proposed perimeter buffers and screening devices (refer to section 66-254); landscaping, buffers, etc. with requirement for landscape
plan and reference to that section
lk. Proposed schedule of development for each phase of the project, showing anticipated time
for completion and estimated completion dates;
ml. Property line survey and acreage data;
nm. Vicinity map, at a scale of one inch equals 400 feet, and encompassing an area no less
than one-fourth mile in radius of the site, and including:
1. Existing streets;
2. Existing watercourses and flood hazard areas;
3. Existing land uses on the site and in the area surrounding the site;
on. Written and graphic scale, north arrow and title;
po. Proposed name of the development;
qp. Technical report containing:
1. A description of the project, including general characteristics, development concept
and amenities;
2. A general assessment of impact, showing the proposed impact upon all affected
utilities, transportation facilities, the environment, local economy and local
government; and
3. An engineering report to demonstrate the adequacy of existing and proposed public
facilities;
rq. Names, addresses and telephone numbers of the applicant and person preparing the
development plan.
(2) Recommended information.
a. Information recommended for the development plan includes:
1. Zoning district classifications of the site and surrounding properties, including
properties across the street; and
2. Names of the owners of surrounding properties.

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Attachment A - Page 10

b. The development plan shall be submitted with at least five copies. Facilities and/or
improvements proposed for dedication to the state, the county and/or the town, and/or their
political subdivisions, shall be submitted for design approval and plan. Prior to construction,
detailed plans and specifications prepared by a licensed professional engineer shall be
reviewed and approved by each relevant entity in accordance with their respective policies
regarding such facilities and/or improvements. Approval of the development plan does not
imply or satisfy approval requirements for such facilities and/or improvements.
(h) Record (as-built) development plan requirements and procedure. The record (as-built) development
plan shall be submitted in accordance with this section and the following requirements:
(1) The record (as-built) development plan shall constitute only that portion of the approved
development plan proposed for occupancy and/or use at that time;
(2) A record (as-built) development plan may be required to show, or be accompanied by, the
following information, subject to the discretion of the code enforcement officer planning and
inspections director or their designee:
a. Name of the development;
b. Date, including the month, day and year, of the original drawings and each revision;
c. Names and addresses of the owner of record, applicant, land planner, surveyor and
engineer;
d. Boundary lines of the development, with distances accurate to hundredths of a foot and
bearings of one-half of a minute;
e. Radii, central angles, tangents, length of arcs and curvature of all new street lines;
f. Lines and widths of all easements, with dimensions accurate to hundredths of a foot and a
notation of the purpose of the easement or any limitations on its use;
g. Location and elevation of the benchmark to which contour elevations refer;
h. Lot numbers and a statement of the total number of lots. Lot lines shall be defined by
distances in hundredths of a foot and in degrees to the nearest one-half of a minute, either
by magnetic bearings or by angles of deflection from other lot and street lines;
i. Building setback lines, with dimensions;
j. Statement of the intended use of all nonresidential areas, with reference to existing or
proposed restrictions as will exist in covenants in the deed;
k. Accurate boundaries and specific designation of any area to be dedicated or reserved for
public use or acquisition; and
l. Accurate boundaries and specific designation of any area to be reserved by deed
covenants or restriction for the common use by owners of land contained within the
subdivision;
(3) The record (as-built) development plan shall bear each of the following certifications, where
applicable, executed by the appropriate persons:
a. Certificate of ownership and dedication.
I hereby certify that I am the owner of the property shown and described hereon,
which is located in the corporate limits of the Town of Leland, and that I hereby adopt this
development plan and/or plan of subdivision with my free consent, establish minimum
building setback lines and dedicate all streets, walks, parks and other sites and easements
to public or private use as noted. Furthermore, I hereby dedicate all sanitary sewer, storm
sewer and water lines to the appropriate agency.

_____ _____

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Attachment A - Page 11

Date Owner

b. Certificate of survey and accuracy.

I, ___________, certify that this map was (drawn by me) (drawn under my
supervision) from (an actual survey made by me) (an actual survey made under my
supervision) (deed description recorded in book ___, page ___, etc.) (other, specify); that
the error of closure as calculated by latitudes and departures is 1:___; that the boundaries
not surveyed are shown as broken lines platted from information found in book ___, page
___; that this map was prepared in accordance with G.S. 47-390, as amended. Witness my
hand and seal this ___day of ___________/___________/___________, A.D., 20___.

_____
License or Registration # _____
Surveyor

Sworn to and subscribed before me this ___ day of

___________/___________/___________.

_____
Signature and Seal of Notary Public

c. Certification of the approval of streets and utilities.

We hereby certify that: (1) streets, utilities and other improvements have been
installed within the development shown and described hereon in an acceptable manner
and in accordance with design standards of the applicable regulations and zoning
ordinance, Town of Leland, North Carolina, and other specifications of the town; (2) or a
security bond in the amount of _____, cash in the amount of _____ or an irrevocable letter
of credit payable upon demand by the town has been posted with the town to ensure
completion of all required improvements in case of default.

_____ _____
Registered or Professional Engineer Date

_____ _____
Notary Public Date

d. Certificate of approval of water and sewage system.

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Attachment A - Page 12

I hereby certify that the water supply system and the sewage disposal system
installed or planned to be installed to serve each lot within the development shown and
described hereon fully meets the requirements of the county health department.

Brunswick County

_____ _____
Date Health Officer

e. Certificate of approval for recording.

I hereby certify that the development plan shown hereon has been found to comply
with the subdivision regulations and zoning ordinance, Town of Leland, North Carolina,
with the exception of such variances, if any, as are noted in the minutes of the zoning
board of adjustment at its meeting of (date) ________.

_____ _____
Date Code Enforcement Officer Planning and Inspections Director

The record (as-built) development plan shall be provided in a minimum of three copies, each
bearing the original signatures and executions of the applicable certifications as set forth in t his
subsection.

(i) Conformance with design requirements required. All development shall be in conformance with the
design and/or construction requirements set forth in subsections (j) and (k) of this section.
(j) Public improvements. Any and all components for development intended and/or proposed for public
facilities dedication and/or public utilities shall be in conformance with the following regulations:
(1) Street and alley construction shall be in accordance with the policies and procedures, and
design requirements and construction standards established by the town council and/or the
state department of transportation.
(2) Water and sewer line construction shall be in accordance with the policies and procedures, and
design requirements and construction standards established by the town council and/or the
North Brunswick Sanitary District.
(3) Paved sidewalks, per the town's specifications, shall be provided by the developer, at the
developer's expense.
(4) Electrical supply, gas supply and telecommunications facilities construction shall be in
accordance with the policies, procedures, design requirements and construction standards
established by the utility commission and/or company providing service to the vicinity.
(5) Public park and/or open space construction and/or provision shall be in accordance with the
policies, procedures, design requirements and construction standards established by the entity
receiving dedication of such facilities.

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Attachment A - Page 13

(6) Public parking facilities construction shall be in accordance with the parking requirements
established in article VIII of this chapter and applicable building codes.
(k) Private improvements. Any and all components for development not intended and/or proposed for
public facilities dedication and/or public utilities shall be in conformance with the following
regulations:
(1) Driveway and parking facilities construction shall be in accordance with the requirements
established in article VIII of this chapter and applicable building codes.
(2) Water and sewer line (collection/distribution and service) construction shall be in accordance
with the policies, procedures, design requirements and construction standards established by
the town council and the North Brunswick Sanitary District.
(3) Buildings and their respective appurtenances shall be constructed in accordance with the
policies, procedures, design requirements and construction standards established in this Code
and the building codes of the county.
(4) Signs and their respective appurtenances shall be constructed in accordance with the policies,
procedures, design requirements and construction standards established in chapter 42 of this
Code and the building codes of the county.

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Attachment A - Page 14

Sec. 66-277. - Design requirements.

All parking facilities shall meet all of the following criteria:

(1) Parking lots shall be designed to allow pedestrians to safely move from their vehicles to the
building. This shall be achieved by providing a sidewalk at the perimeter of the lot or a
pedestrian travel way within the parking area that channels pedestrians from the car to the
perimeter of the lot or through the parking facility. Corridors may not encroach upon any drive
aisle and shall be delineated by a paving material that differs from that of vehicular area or
pavement markings. Any such access route shall be no less than five feet in width and shielded
from automobile traffic by means of vertical curb six inches in height or rows of bollards no more
than four feet apart and four feet in height. No parking space shall be further than 120 feet
(approximately two aisle and stall widths) from a pedestrian corridor. Pedestrian corridors shall
not be required within parking lots that are required to have 24 parking spaces or less.
(2) Paved with an asphalt or concrete paving material designed and installed to withstand the
anticipated forces of the proposed use. Alternate paving materials may be permissible if they
can be shown to withstand the anticipated force exacted on a parking lot. Such alternate paving
materials shall not create additional dust or mud and are not prone to the formation of potholes.
Parking lots shall be maintained in a manner so as not to create any undue nuisance as
specifically prescribed in chapter 34 of this Code.
(3) Parking facilities shall be marked according to MUTCD standards. If material other than
concrete or asphalt is used, then wheel stops must be installed to delineate each space and
preserve pedestrian walkways. Said wheel stops must be no less than five inches in height and
able to stop the forward motion of a vehicle traveling at low speed.
(4) Pedestrian access shall be provided from the street to the principal entrance of the
development. This shall consist of at least one pedestrian travel way, with a paved travel
surface a minimum of five feet in width and shielded from automobile traffic by means of vertical
curb or bollard. Pedestrian travel ways shall not be required within parking lots that are required
to have 24 parking spaces or less.
(5) Where pedestrian travel ways cross vehicle travel lanes, the surface shall be marked in a
manner that clearly designates pedestrian priority. Curbing shall be ramped and suitable for
handicap access.
(6) All pedestrian travel ways shall be free of barriers to persons with disabilities and in no case be
used for anything other than pedestrian travel or accommodations.
(7) Adjoining parking lots serving residential buildings shall be interconnected subject to the
following:
a. If adjoining property is undeveloped then site plans shall show an area of land reserved for
future connection;
b. Connectivity from residential parking lots to parking lots for multifamily uses is encouraged;
c. The planning board may waive these connectivity requirements if lot depth, street layout, or
other environmental constraints make said connection impractical.
(8) At least one in every 25 parking spaces shall be designed for handicapped persons and/or
drivers, with a minimum of one handicapped space per parking facility, including van accessible
spaces.
(9) At least one in every eight handicap designated parking spaces shall be designed to be van
accessible with a minimum of one van accessible space per parking facility.
(10) All required handicap spaces and adjoining ramps must meet the most current ADA standards
as required by the state and federal agencies.
(11) All off-street parking facilities shall be graded for drainage of stormwater.

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Attachment A - Page 15

(12) Off-street parking areas shall be designed so that parked vehicles do not encroach upon or
extend onto public rights-of-way, sidewalks, or strike against or damage any wall, vegetation,
utility, or other structure.
(13) Lighting and equipment shall not interfere with street traffic and/or residential uses. Exterior
light fixtures installed on the site shall not distribute light onto any adjacent property.
(14) Off-street parking spaces shall not occupy any portion of the required minimum front yard in
residential use developments.
(15) Entrances and exits shall be shared when possible and located so as to minimize traffic
congestion on adjoining streets.
(16) All exits from off-street parking facilities shall be designed for forward vehicular motion.
(17) Ingress and egress from streets shall be limited to one driveway for the first 300 linear feet of
lot and/or parcel street frontage, one driveway for the next 200 linear feet, and one driveway for
each 400 linear feet thereafter. Nonresidential driveways greater than 30 linear feet in width
shall have a landscape divider/median at least 20 linear feet in width and containing at least 280
square feet of permeable landscaped area. The maximum width of each driveway shall be 80
linear feet. Furthermore, driveways shall be designed in accordance with the most recent
version of the town street design manual.
(18) Any area adjacent to access points or internal intersections shall be kept free from visual
obstructions, including parking stalls and signs within the sight triangle.
(19) All parking facilities shall have an aisle between rows and shall have sufficient maneuvering
space for turning, backing and otherwise avoiding collisions.
(20) Off-street parking areas shall be designed to facilitate adequate movement and access by
sanitation, emergency, and other public service vehicles without posing a danger to pedestrians
or impeding the function of the parking area.
(21) Parking facilities with direct access to or from a major thoroughfare, as defined in the most
recently adopted version of the town collector street plan, may be required to provide
acceleration/deceleration lanes, depending on the current and projected impact of the
development on traffic flow.
(22) Commercial retail developments containing more than 60,000 square feet of gross leasable
area shall provide a separate employee parking facility containing no less than ten percent and
no more than 25 percent of the required minimum parking spaces. The minimum size
requirements prescribed in the following table shall apply to off-street parking only.
a. Minimum size requirements.

One-way Two-way
Angle of Stall Width Stall Length Stall Depth
Aisle Width Aisle Width
parking (W) (L) (D)
(A) (A2)

90-degree parking 9 9 20 24 18

60-degree parking 9 10.4 16 24 18

45-degree parking 9 12.7 12 24 18

Parallel parking 9 21.5 - -

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Attachment A - Page 16

The following graphic is intended to be a guideline for the table in this note:

b. No more than 30 percent of the parking spaces approved for a development shall be
allocated for the use of compact or small cars. Compact or small car spaces shall conform
to the following standards:
1. Minimum stall size. The minimum stall size shall be 8½ feet in width and 16 feet in
length.
2. Striping and marking. All compact stalls shall be delineated with double striped yellow
striping with 18 inches outside dimensions and marked in a manner to indicate the
use for compact or small cars only.
(23) All of the following design requirements shall be met for new apartment or condominium
developments:
a. Town staff must approve the traffic circulation within the apartment or condominium
development.
b. Access and street surfacing shall be adequate to provide for emergency services,
deliveries and refuse collection. Pavement designs must have a minimum thickness of six
inches of ABC base course and two inches of pavement surface.
c. Internal driveways and streets must have a minimum width of 22 feet of pavement. A
minimum two-foot-six-inch concrete vertical curb and gutter shall be used. A two-foot-six-
inch concrete valley curb and gutter may be used only if there is a minimum 48-inch
separation between the back of curb and front edge of sidewalk.
d. Sidewalks, as required, shall be constructed to a minimum width of five feet and shall
consist of a minimum thickness of four inches of concrete and a minimum four inches of
ABC base course. Sidewalks shall consist of a minimum of six inches of concrete and a
minimum four inches of ABC base course at driveway crossings.
(24) Parking lot landscape standards shall be determined by the requirements prescribed in
section 66-281. Once adopted, all parking lot landscaping standards shall meet the minimum
design standards found in the town tree preservation ordinance. Commented [BA16]: Language no longer necessary
(25) All of the following design requirements shall be met for all new or reconstructed single-family
residential homes, excluding those homes located in subdivisions with either a preliminary plat
or site specific plan approved on or prior to May 19, 2016:
a. Single-family residential dwelling parking should be side-by-side in nature on an off-street
parking area. The off-street parking area can be part of or connected to a single-family
residential lot's driveway with the same material construction.
b. Off-street parking dimensions for each required parking stall on single-family or townhome
lots shall be no less than nine feet wide by 18 feet deep.

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Attachment A - Page 17

(26) New or reconstructed single-family residential dwellings located in subdivisions with a

preliminary plat or site specific plan approved on or prior to May 19, 2016, shall have off -street
parking dimensions for all required parking of no less than 18 feet by nine feet.

Sec. 66-281. - Parking lot tree planting requirements.

All new or expanded parking areas must comply with the following tree planting requirements. In
order to meet the parking lot planting requirements, required canopy tree areas shall be located within the
parking lots and adjacent to parking spaces, inside medians at the end of parking bays, or tree islands
and shall adhere to the following:
(1) All trees shall be a minimum of 2.5 inches in caliper and at least eight feet in height above
ground level at time of installation, and shall have an expected mature height of at least 30 feet.
(2) All parking lots over 12 parking spaces must provide a minimum of 35 percent canopy cover or
one tree per every 15 parking spaces, whichever results in more trees. For example, a parking
area of 12,000 square feet × 0.35 = 4,200 square feet. To achieve this 4,200 square feet, the
applicant will be given tree canopy credits in the following manner: a planted large maturing tree
shall be counted as equivalent to 1,600 square feet of canopy; a medium maturing tree shall be
counted as the equivalent of 900 square feet of canopy; a small maturing tree shall be counted
as the equivalent of 400 square feet of canopy. Tree types shall be from the Landscaping
Species List, which indicates species and their designation as small, medium, or large trees. Commented [BA17]: Requires trees in required parking
(3) Parking lots containing over 250 parking spaces shall provide at least half of the required 35 lot landscaping to be from new Landscaping Species List
percent canopy cover with large trees.
(4) A mix of tree species shall be provided for rows of parking spaces over ten and provide a
minimum of three types of tree species.
(5) A minimum size planting island shall be provided for different size of trees.
(6) Small trees shall have a minimum planting island of 162 square feet with a minimum width of
nine feet.
(7) Medium maturing trees shall have a minimum planting island of 225 square feet with a
minimum width of nine feet.
(8) Large maturing trees shall have a minimum planting island of 288 square feet with a minimum
width of nine feet.
(9) Planting islands that serve to break up every 15 parking spaces shall be a minimum of 162 feet
with a minimum width of nine feet.
(10) Developers shall have the option of small, medium or large canopy trees so long as 25
percent of the trees provided are large trees.

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Landscape Species List

Estimated Large,
Estimated Canopy at Medium, or
Common Name(s) Botanical Name Category
Height (ft.) Maturity Small for
(spread in ft.) Section 66-281

Red Holly Ilex hybrids Understory 10-15 8-15 Small

Winterberry Ilex verticillata Understory 5 -15 5-15 Small
Understory /
Yaupon Holly Ilex vomitoria Shrub 8 -25 5-15 Small
Crape Myrtle Lagerstroemia hybrids Understory 5 -30 5-25 Small
Red Buckeye Aesculus pavia Understory 10-20 10-15 Small
Possumhaw Ilex decidua Understory 15-20 10-15 Small
Star Magnolia Magnolia stellata Understory 15-20 10-15 Small
Weeping Cherry Prunus subhirtella pendula Understory 15-20 10-15 Small
Nellie Stevens Holly Ilex x 'Nellie R. Stevens' Understory 15-25 10-15 Small
Trident Maple Acer buergerianum Understory 20-25 10-15 Small
Serviceberry Amelanchier arborea Understory 20-25 10-15 Small
Topel Holly Ilex x attenuata Understory 20-30 10-15 Small
Cartrema americana / Understory /
Devilwood/ Wild Olive Osmanthus americanus Shrub 10-20 10-20 Small
Japanese Maple Acer palmatum Understory 10-25 10-20 Small
Atlantic White Cedar Chamaecyparis thyoides Understory 40-60 10-20 Small
Japanese Cedar Cryptomeria japonica Understory 10-60 10-30 Small
Juniperus virginiana var. Canopy /
Eastern Red Cedar virginiana and its cultivars Understory 20-60 10-30 Small
Juniperus virginiana var. Canopy /
Coastal Red Cedar silicicola and its cultivars Understory 25-40 10-30 Small
Eastern Redbud Cercis canadensis Understory 15-30 10-35 Small
Fringe Tree Chionanthus virginicus Understory 10-20 15-20 Medium
Chinese Fringe Tree Chionanthus retusus Understory 10-20 15-20 Medium
Loquat Eriobotrya japonica Understory 15-20 15-20 Medium

Japanese Flowering Apricot Prunus mume Understory 15-25 15-20 Medium

Southern Sugar Maple Acer barbatum Understory 20-25 15-20 Medium
Lusterleaf Holly Ilex latifolia Understory 20-25 15-20 Medium
Pond Cypress Taxodium ascendens Canopy 60-80 15-20 Medium
Yoshino Cherry Prunus x yedoensis Understory 15-25 15-25 Medium
Halesia tetraptera Carolina Silverbell Understory 20-30 15-25 Medium

Bougainvillea Goldenraintree Koelreuteria bipinnata Understory 20-30 15-25 Medium

Saucer Magnolia Magnolia x soulangiana Understory 20-30 15-25 Medium
Higan Cherry Prunus subhirtella Understory 20-30 15-25 Medium

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Canopy /
Persimmon Diospyros virginiana Understory 30-60 15-25 Medium
Western Red Cedar Thuja plicata Canopy 50-70 15-25 Medium
Carolina Laurel Cherry Prunus caroliniana Understory 20-45 15-30 Medium
American Holly Ilex opaca and its cultivars Understory 30-50 15-30 Medium
Washington Hawthorne Cratageus phaenopyrum Understory 25-30 20-25 Large
Dawn Redwood Metasequoia glyptostroboides Canopy 60-100 20-25 Large
Kousa Dogwood Cornus kousa Understory 20-30 20-30 Large

Japanese Flowering Cherry Prunus serrulata Understory 20-30 20-30 Large

Black Gum Nyssa sylvatica Canopy 30-50 20-30 Large
Bald Cypress Taxodium distichum Canopy 50-70 20-30 Large
Morella cerifera / Myrica Understory /
Wax Myrtle cerifera Shrub 4 -20 20-40 Large
Flowering Dogwood Cornus florida Understory 15-40 20-40 Large
Sweet Bay Magnolia Magnolia virginiana Understory 25-60 20-40 Large
Red Maple Acer rubrum Canopy 30-70 20-40 Large
Magnolia grandiflora & its Canopy /
Southern Magnolia cultivars Understory 30-100 20-50 Large
Water Oak Quercus nigra Canopy 50-80 20-50 Large
Japanese Crape Myrtle Lagerstroemia fauriei Canopy 30-40 25-35 Large
Koelreuteria paniculata Goldenraintree Understory 30-40 25-35 Large
Coastal Hornbeam /
Ironwood Carpinus caroliniana Understory 25-40 25-40 Large
Lacebark Elm Ulmus parvifolia Canopy 40-50 30-40 Large
Maidenhair Tree Ginkgo biloba Canopy 50-70 30-40 Large
Overcup Oak Quercus lyrata Canopy 40-60 30-50 Large
Nuttall Oak Quercus nutallii Canopy 40-60 30-50 Large
Longleaf Pine Pinus palustris Canopy 60-120 30-50 Large
Canopy /
Black Cherry Prunus serotina Understory 40-60 30-60 Large
Loblolly Pine Pinus taeda Canopy 60-100 30-60 Large
Laurel Oak Quercus laurifolia Canopy 30-100 30-80 Large
Willow Oak Quercus phellos Canopy 80-100 40-50 Large
River Birch Betula nigra Canopy 40-70 40-60 Large
Green Ash Fraxinus pennsylvanica Canopy 60-80 50-70 Large
Sugarberry Celtis laevigata Canopy 60-80 50-70 Large
Live Oak Quercus virginiana Canopy 40-80 60-130 Large

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