WestBranch

Project Updates - 

January 2022

A tree mitigation plan was submitted to the Town by Lennar outlining the locations and species of trees to be replanted in the Westbranch development as a result of the September 2020 tree clearing violation and subsequent settlement agreement. After review and multiple site visits, Lennar's tree mitigation plan was approved by the Town Arborist. 
  
 As required under the settlement agreement, 103 large maturing trees will be planted within Westbranch, many of which will be located in the undisturbed buffer behind lots 1-10 to provide screening between existing homes on Hudson Place and homes under construction on Westbranch Parkway. Tree species to be planted within the buffer area are primarily evergreen varieties. Planting locations were selected based on soil conditions and adequate spacing to ensure the long-term survival of the new and existing trees in the area. Note: Approximately three dead/diseased trees identified by the Town Arborist will be removed from the undisturbed buffer at the rear of Westbranch lot 6 and lot 7.  
  
 Supplemental trees will also be planted along the greenway in Westbranch adjacent to neighborhood connector trails. Lennar anticipates tree planting to begin within the next few weeks. 

August 2021

Town and Mecklenburg County staff held a pre-construction meeting with Lennar on August 3, 2021 regarding debris removal and grading of Westbranch lots 1-10. Lennar anticipates work beginning on these lots on Monday, August 9, 2021. Activity will take roughly 4-6 weeks, weather dependent. 
 
Additionally, per the settlement agreement between the town and Lennar, a tree mitigation (i.e. replanting) plan is required in consultation with the Town Arborist. Lennar anticipates completion of a tree mitigation plan in the coming months.

May 2021

The Davidson Board of Commissioners and Lennar reached a settlement agreement pertaining to the outstanding tree removal violation on site. Terms of the settlement include new erosion control plans for lots 1-10, fines, and mitigation (including the planting of new trees).

September 2020

Mecklenburg County and town staff were alerted that an area of trees had been clear cut in the Westbranch community on 9/9/2020. This area of clear cutting comprises lots (1-10) on the approved Preliminary Plat and is located on the northern border of the development abutting existing homes on Hudson Place. This clear cutting represents a violation of both the approved Master Plan and the Preliminary Plat which stipulate that the Lots 1-10 are to be cleared “selectively” in an effort to preserve as many trees as possible. 

As all the trees in this area have been removed with complete disregard to the Master Plan and Preliminary Plat notes for selective clearing, this represents an “intentional” and “grossly negligent” destruction of trees as set forth in Section 15.3.1.C.B 2 of the Davidson Planning Ordinance (DPO). The town, abutting neighbors and the future owners of these lots are bereft of these tree assets; any opportunity to select trees for preservation has been eliminated.

After consultation with the Town Arborist and Town Attorney and on-site analysis of the violation, the town has issued a Notice of Violation (NOV) and elected to pursue civil penalties for the total number of trees lost by this blatant and negligent clear cutting. Therefore, the town has determined to issue a NOV consisting of a $1,050,600.00 fine per DPO Section 15.3.1.C.B.2. This fine represents the penalties for the total loss of one hundred and three (103) trees measured at 12” diameter or more. These trees were identified and measured by remaining stumps in the field on September 14, 2020 by the Town Arborist.  

Additionally, in order to comply with the terms of the NOV, Lennar must provide landscape documents identifying tree replacement planting in available areas in close proximity to lots 1-10, and within the Westbranch development. These replacement plantings shall consist of large maturing replacement trees as required by DPO Section 15.3.1.B.B.2.iii., totaling no less than twelve (12) trees of at least 5” caliper, and ninety-one (91) trees of at least 2.5” caliper. The replacement plan must be reviewed and approved by the Planning Director and Town Arborist. 
 
 A stop work order for Lots 1-10 will not be lifted until the above fines are paid and a tree replacement plan is approved.