G. LOT CLEARING INSPECTIONS

FCHOA Purchaser's Handbook - Revision Date: 2021-01-10

1. Upon approval of the site and architectural plans by the ARC, the Property Owner/Agent will be notified of approval and asked to have the lot flagged for clearing as follows:

a. Trees should be wrapped with a bright color ribbon to signify the limits of clear cutting. All trees so marked with ribbon are to remain after clearing. Ribbons designating the approved limits of clearing shall remain on the tree until the landscaping phase is complete.

b. If selective clearing is desired beyond the limits of clearing approved on the site plan by the ARC, a contrasting ribbon will be used to mark trees in the selective clearing area that are to remain in place subject to approval by the field inspector.

c. Property corners and property string lines, set by surveyor, should be clearly visible on the site.

d. House corners are to be staked or flagged in appropriate locations for the site clearing inspections.

e. All tree marking ribbons shall remain in place after site clearing and during construction.

f. A Work order number shall be obtained from Community Services for street light utility identification at least five business days prior to the driveway installation or grading in the road right of way.

2. The ARC will inform the Property Owner/Agent of the name and phone number of the ARC Inspector assigned to the job. When the lot has been flagged for clearing, but before any clearing activity commences, the Property Owner/Agent shall make arrangements with the assigned ARC Inspector, for an onsite inspection. The Property Owner/Agent should allow for a 48-hour notification to the ARC Inspector. Upon completion of a satisfactory ARC inspection and issuance of a James City County Land Disturbing Permit, approval may be given to the Property Owner/Agent at the site to commence clearing. If clearing is approved, a green card, provided by the ARC and signed by the Builder and the ARC Inspector, will be erected at the site. The Property Owner/Agent shall place the card on the builder’s sign if available, or if not available, in a visible location within fifteen feet of the construction entrance. The card shall remain in place for a period of at least four weeks after the site is cleared.

3. Both the Inspector and the Property Owner/Agent will sign the site plan which will be placed in the permanent ARC file for reference. Any changes made to the clearing limits or tree removal will be annotated on the site plan. The Inspector may also note problems such as cracked concrete, pot holes, eroded ditch lines, the road right of way adjacent to the lot and across the street, islands, easements, the curb and gutter, etc., which will not be the responsibility of the Property Owner/Agent to correct at the conclusion of the job. However, any damage attributable to the Owner, his Builder, his subcontractors, utility companies or suppliers to the above-mentioned items will be required to be repaired, or the cost to repair the damage will be withheld from the Homeowner/Builder surety deposit.  Any additional clearing after the inspection approval must have the prior approval of the ARC. A lot may not be cleared of any trees in excess of 3” diameter outside the clearing area, without the written approval of the ARC or its designated Inspector and the James City County Environmental Department.

4. If an area noted as selective clearing on the site plan, as approved by the ARC and James City County, is substantially cleared, the ARC or James City County may require the Property Owner/Agent to submit an amended and mitigating landscape plan to the ARC for approval. Such amended landscape plan shall be submitted within 90 days.  The Property Owner will be required to install mitigating landscaping, such as reasonably mature trees.  The ARC may choose to forfeit surety deposits as liquidated damages in addition to requiring mitigating reforestation or landscaping.

5. If a tree is dead, significantly damaged, decaying, or infested in the selective clearing area, the property owner shall have the ARC or Inspector confirm such condition prior to removal.  Removal of trees and brush in the selective clearing area is not to be done with equipment that will damage the root zone of trees to be kept. (e.g., excavators, backhoes, etc. are not to be used.  A mitigating landscape plan may be required to replace trees.    These trees shall consist of native shade trees, i.e. Red Maple, Pin Oaks, Willow Oaks and Beeches. 

6. Reasonable allowances will be made for generally wooded homesites to clear undergrowth and less mature trees to promote the health of more mature trees, open the landscape area to air and sunlight, and generally make a well-planned landscape design more effective.

7. Lots that are generally void of mature trees or that require significant areas of clearing and grading will require landscape trees to be installed.