Wake Forest Unified Development Ordinance - July 2022

Administration 15.7 Environmental Protection Permits


E. Conditions for Minor Modification of Special Highway Overlay Setback and Buffer Standards: See Section 2.4.3.B and 2.4.3.F for conditions and allowable alternative proposals. F. Conditions for Modification of Design Standards: See Section 5.2.4 Modification of Standards/Design Exceptions for conditions and allowable alternative design proposals. G. Conditions for Modification of Tree Protection & Landscape Standards: See Section 8.2.5 Alternate Methods of Compliance for conditions and allowable alternative proposals. H. All Decisions to be in Writing: All decisions shall be in writing and delivered via electronic mail, personal delivery, or first class mail to the applicant. I. Administrative Authority is Permissive Only: The authority given to the Administrator to grant such modification shall be construed to be permissive and not mandatory and the Administrator may decline to make such modification. In the event this occurs, the applicant shall have the right to submit an application to the Board of Adjustment to grant a variance to these requirements in accordance with Section 15.13. Nothing in this section shall be construed as limiting the Administrator's duties and rights under this chapter, or an applicant's right to appeal the decision of the Administrator to the Board of Adjustment. J. Public Notification: N/A K. Appeals: Appeals of the decisions of the Administrator shall be made within 30 days after receipt of written notice of the decision. Appeals shall be heard by the Board of Adjustment in accordance with Section 15.12. L. Permit Validity: N/A M. Permit Extension: N/A

15.7. Environmental Protection Permits

15.7.1. Tree Clearing Permit

Pursuant to NCGS, prior to the commencement of any vegetation clearing or removal on any undeveloped property, the owner (or authorized agent) of such property must obtain a Tree Clearing Permit or demonstrate exemption from the requirements of this section as provided for in Section 15.7.1.A, below. For the purposes of the section, “undeveloped properties” shall include any property within the town’s jurisdiction that is not subject to an approved site and/or subdivision plan. A. Exemptions: A Tree Clearing Permit shall not be required for the activities listed below. 1. Normal forestry activities taking place on property that is taxed under the present-use value standard or conducted pursuant to a forestry management plan prepared or approved by a forester registered pursuant to Chapter 89B of the North Carolina General Statutes, and provided such activities are accomplished in compliance with this ordinance. 2. Properties with a town-approved site and/or subdivision plan, provided such plan has not expired and that any clearing or vegetation removal is done in strict accordance with the approved site and/or subdivision plan. 3. The removal of vegetation by public or private agencies within the lines of any public street rights-of-way, utility easements, or other town property, as may be necessary to ensure public safety, to obtain clear visibility at driveways or

Town of Wake Forest Unified Development Ordinance – July 19, 2022


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