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).
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.
- Planning Area: Neighborhood General, Neighborhood Services, Rural
- Project Address: 19925 Davidson-Concord Rd, Davidson NC 28036
- Parcel ID: 00728106A, 00728106B, 00728108, 00728101, 00728110, 00715216
- Acres: 170
- Building Type: Detached House, Townhouse
- Development Description: West Branch will feature 305 housing units with +/- 88 acres of open space, yielding 1.8 units per acre with 51.7% open space. The commercial component at the intersection of Davidson-Concord Road and Robert Walker Drive is proposed as a later phase of development.
- Complete Application: Received on January 26, 2016
- Historic Property Redesignation Public Hearing: February 9, 2016 at 6:00 at the Board of Commissioners meeting. Map of proposed change in historic property boundaries can be found here .
- Public Input Session: February 15, 2016 from 4-7PM at Town Hall in the Board Room. Staff's preliminary analysis can be found here . Responses to citizen questions/concerns as provided by the design and development team can be found here
- Planning Board: June 27, 2016
- Master Plan Approval: August 2016
- Construction Document Approval: February 2017
- Project is currently under construction
- Statement of Intent and Statement of Compliance
- Preliminary Sketch Plan
- Environmental Inventory 1
- Environmental Inventory 2
- Schematic Landscape Plan
- Master Plan Application
- Streetscape Rendering - Alley Loaded
- Streetscape Rendering - Front Loaded
- Precedent Studies
- Concept Plan for EPM technical review
- Transportation Impact Analysis for technical review
- Revised Master Plan Set - For Planning Board
- Clubhouse Perspective
- APPROVED MASTER PLAN (August 1, 2016)
- Planting Plan
- Settlement Agreement
Land Development Manager
Lennar Carolinas, LLC
Site Designer: Cole Jenest & Stone
Note: The operation of earth-moving equipment or construction machinery tools is prohibited between 9:00 p.m. – 7:00 a.m. Monday – Friday and between 9:00 p.m. – 9:00 a.m. Saturday – Sunday. Please call the Davidson Police Department if there is a violation of the town’s noise ordinance.