A BILL TO BE ENTITLED
AN ACT authorizing the town of clayton and the city of reidsville to limit the clear‑cutting of trees in buffer zones prior to development, and tO allow annexation of certain described property in johnston county to the corporate limits of the town of clayton.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  A municipality may adopt ordinances to regulate the removal and preservation of existing trees prior to development within a perimeter buffer zone of up to 50 feet along public roadways and property boundaries adjacent to developed properties and up to 25 feet along property boundaries adjacent to undeveloped properties.
SECTION 1.(b)  Ordinances adopted pursuant to this section shall:
(1)	Provide that the requirement of the ordinances apply only to activity occurring on undeveloped property prior to the approval of a site plan, subdivision plan, or other authorized development plan or permit for the property and that, after approval of a site plan, subdivision plan, or other authorized development plan or permit for the property, the property, including the property within the perimeter buffer zones, may be developed in accordance with applicable regulations governing development of the property.
(2)	Provide that the area of the required perimeter buffer zones shall not exceed twenty percent (20%) of the area of the tract, net of public road rights‑of‑way, and any required conservation easements.
(3)	Provide that the perimeter buffer zones that adjoin public roadways shall be measured from the edge of the public road right‑of‑way.
(4)	Provide that tracts of two acres or less are exempt from the requirements of the ordinances.
(5)	Provide that a survey of individual trees is not required.
(6)	Include reasonable provisions for access onto and within the subject property.
(7)	Exclude forestry activities on property that is taxed on the basis of its present‑use value as agricultural, horticultural, or forestland under Article 12 of Chapter 105 of the General Statutes and forestry activity that is conducted in accordance with a forestry management plan prepared or approved by a forester registered pursuant to Chapter 89B of the General Statutes. However, for the properties described in this subdivision, a municipality may deny a building permit or refuse to approve a site or subdivision plan for a period of up to three years after the completion of the forestry activity if the forestry activity results in the removal of all or substantially all of the trees that were protected under an ordinance adopted pursuant to this act from the tract of land for which the permit or plan approval is sought.
(8)	Provide that a municipality may deny a building permit or refuse to approve a site or subdivision plan for a period of up to three years after the completion of the removal of trees from the required perimeter buffer zones if the removal of trees results in the removal of all or substantially all of the trees that were protected under an ordinance adopted pursuant to this act from the tract of land for which the permit or plan approval is sought.
SECTION 1.(c)  Before adopting an ordinance authorized by this section, 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 1.(d)  Nothing in this section shall be construed to limit or be limited by any other existing laws or ordinances.
SECTION 1.(e)  This section applies to the Town of Clayton and the City of Reidsville only and to property located within the municipalities' corporate limits and extraterritorial planning jurisdiction under Article 19 of Chapter 160A of the General Statutes.
SECTION 2.(a)  Upon receipt of a petition for annexation complying with the requirements of the first sentence of G.S. 160A‑58.1(c) that covers all the territory described below, that is certified as valid by the town clerk not later than January 1, 2008, there is annexed to the corporate limits of the Town of Clayton the following described territory:
Part of property now or formerly Elizabeth Taylor Barber
(DB 423, PG 93, PIN: 1616‑79‑0505)
Cleveland Township, Johnston County, North Carolina
Situated in Cleveland Township, Johnston County, North Carolina, being more particularly described as follows:
Commencing from a North Carolina Geodetic Survey Monument designated "Messer" (NAD 83/2001 Grid Northing: 669,382.552 and Easting: 2,106,410.400) on a bearing of N85‑48‑13E and a ground distance of 12,711.33' to a ¾" iron rebar found on the southerly property line of the herein described property, now or formerly Elizabeth Taylor Barber, and the northerly property line now or formerly D & S Properties, LLC, at the westerly claimed right‑of‑way of NC Highway 50, said iron rebar being the Control Corner and True Point of Beginning for the said property herein described; Thence leaving said right‑of‑way N87‑58‑30W, 1,067.24' to a ¾" iron rebar found; Thence N01‑29‑14E, 488.69' to a PK set in the centerline of NC Highway 42; Thence N86‑29‑04E, 1121.16' to a PK set at the intersection of the centerline of NC Highway 42 and the centerline of NC Highway 50; Thence S01‑27‑29W, 596.94' to a PK found in the centerline of NC Highway 50; Thence N87‑58‑30W, 50.00' to the True Point of Beginning, containing a gross area of 606,357 square feet (13.920 acres), being the Total Recombined Area, as shown on a map by Chas. H. Sells, Inc., located at 15401 Weston Parkway, Suite 100, Cary, NC 27513, titled "Recombination Survey Map Middle Creek Commons Property of Elizabeth Taylor Barber Cleveland Township, Johnston County, N.C.", dated May 30, 2006, and revised June 22, 2006.
SECTION 2.(b)  This section only applies if the petition for annexation is received on or before June 30, 2007, and the certification of the clerk that the petition is valid is made no later than January 1, 2008. In such case, the town clerk shall cause to be recorded and reported as provided by G.S. 160A‑58.7 a copy of the petition, the certification, and a copy of this section, as if it were an annexation ordinance.
SECTION 3.  This act is effective when it becomes law.