20211827 Ver 1_Public Notice Comments_20211221

L11
STATE OF NORTH CAROLINA
SESSION LAWS AND RESOLUTIONS
PASSED BY THE
2001 GENERAL ASSEMBLY
AT ITS
REGULAR SESSION 2001
BEGINNING ON
WEDNESDAY, 'THE TWENTY-FOURTH DAY OF
JANUARY, A.D. 2001
HELD IN THE CITY OF RALEIGH
ISSUED BY
SECRETARY OF STATE ELAINE F. MARSHALL
PUBLISHED BY AUTHORITY

20011 S.L. 2001-191
Subdivision and others and being more particularly described as
follows:
BEGINNING at an iron stake in the West right-of-way line of
Rosenwald Street said stake being a corner with Lot No. 3, lying
North 3 deg. 26' 50" East 57.70 feet from the intersection of the West
right-of-way line of Rosenwald Street and the North right-of-way line
Of Massey Street and running thence from said beginning point with
the line of Lot No. 3 North 85 deg. 40' 07" West 189.42 feet to an
iron stake in the East right-of-way line of Rauhut Street; thence with
the right-of-way line of Rauhut Street North 22 deg. 45' East 60.0 feet
to an iron stake a corner with Lot No. 1; thence with the line of Lot
No. 1, South 86 deg. 42' 18" East 169.56 feet to an iron stake in the
West right-of-way line of Rosenwald Street; thence with the
right-of-way line of Rosenwald Street South 3 deg. 26' 50" West 60.0
feet to the point of BEGINNING and containing 0.240 Acres and
being all of Lot No. 2, as shown on plat entitled "Property of City of
Burlington Redevelopment Subdivision", dated January 16, 1981, as
surveyed by John D. Somers, L-1172 and recorded at Plat Book 26,
page 26 in the Alamance County Register of Deeds Office.
SECTION 5. This act is effective when it becomes law.
Sections 1 and 2 of this act expire on January 1, 2002, unless the
Property described in Section 1 of this act has been voluntarily
acquired or condemnation complaints have been filed on or before
that date.
In the General Assembly read three times and ratified this the
12`" day of June, 2001.
Became law on the date it was ratified.
H•B• 910 SESSION LAW 2001-191
AN ACT AUTHORIZING THE CITY OF DURHAM AND THE
TOWNS OF CARY, GARNER, MORRISVILLE,
KNIGHTDALE, FUQUAY-VARINA, AND SPENCER TO
LIMIT THE CLEAR -CUTTING OF TREES IN BUFFER
ZONES PRIOR TO DEVELOPMENT AND ALLOW FOR THE
PROTECTION OF SPECIMEN TREES DURING THE
DEVELOPMENT PROCESS.
The General Assembly of North Carolina enacts:
SECTION L(a) A municipality may adopt ordinances to
regulate the removal and preservation of existing trees and shrubs
Prior to development within a perimeter buffer zone of up to 65 feet
along roadways and property boundaries adjacent to developed
Properties and up to 32 feet along property boundaries adjacent to
363

S.L.2001-191
[SESSION LAWS
undeveloped properties. All such buffer zones shall be measured from
the outside boundary of any property, including property zoned for
residential and nonresidential use. The purpose of such ordinances
shall be to protect existing trees and shrubs for use as future buffers.
SECTION L(b) Ordinances adopted pursuant to this act
shall be limited to situations where undeveloped property is planned
or zoned for residential or nonresidential use in accordance with
adopted municipal plans and zoning regulations. Such ordinances
shall include reasonable provisions for access onto and within the
subject property.
SECTION L(c) Notwithstanding any limitations contained
in Section 1(a), a municipality may adopt ordinances to regulate the
preservation and removal of significant specimen or "champion" trees
on sites being planned for new development. Specific standards for
identifying and designating such trees, including species and size,
shall be incorporated as part of any such ordinance.
SECTION L(d) Any ordinance adopted pursuant to this act
shall exclude normal forestry activities on property 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 General Statutes. However, for such
properties, a municipality may deny a building permit or refuse to
approve a site or subdivision plan for a period of five years following
harvest if all or substantially all of the perimeter buffer trees which
should have been protected were removed from the tract of land for
which the permit or plan approval is sought.
SECTION 2. Before adopting an ordinance authorized by
Section 1 of this act, the governing board of the municipality shall
hold a public hearing on the proposed ordinance. Notice of the public
hearing shall be given in accordance with G.S. 160A-364.
SECTION 3. Nothing in this act shall be construed to
limit or be limited by any provisions of S.L. 2000-108 or any other
existing laws or ordinances.
SECTION 4. This act shall apply only to the City of
Durham and the Towns of Cary, Garner, Morrisville, Knightdale,
Fuquay-Varina, and Spencer and to property located within the
municipality's corporate limits and extraterritorial planning
jurisdiction under Article 19 of Chapter 160A of the General Statutes.
SECTION 5. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the
12`1' day of June, 2001.
Became law on the date it was ratified.
364