Davidson assessing builder Lennar for West Branch tree violation
Sept. 29. The town of Davidson has halted construction on 10 lots that were cleared by builder Lennar in its new residential community because the town determined Lennar violated the approved master plan and the new tree ordinance.
The town has issued a Notice of Violation which includes a $1 million fine.
Town Manager Jamie Justice said Mecklenburg County and Davidson town staff were alerted to a potential violation of the approved construction documents for the West Branch residential project.
The town says Lennar violated the approved master plan as well as the new Davidson tree ordinance. 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. 
As a result, they are subject to civil penalties associated with the trees that were removed illegally. In addition, they will be required to submit a tree mitigation (re-planting) plan to be approved by the town,” the manager’s report said.
The town put a stop work order on the 10 lots that were cleared and will put a hold on building permits for the final 19 lots in the development until Lennar responds appropriately to reconcile the situation, the report said.
“We are currently assessing what the civil penalties should be. The penalties are based on the diameters and quantities of trees,” the report said, noting the penalties are difficult to precisely determine because the removal has left little evidence of what was there and there town doesn’t know what trees could legally have been cut because they were in the building envelope.
“Because they did this illegally, we have no choice at this point but to include all of the removed trees over a certain diameter which, in turn, results in a very large penalty,” the report concluded.
The 305-home development is at 19925 Davidson-Concord Road.
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This seems a bit ridiculous. These towns are becoming power hungry and way to controlling on what can be done to privately owned property. Great way to push businesses and developers out of your town. Mission accomplished.
This builder has no regard for the environment. Kudos for the Town of Davidson. Hope they stand their ground.
I understand the need for a master site plan with tree conservation, but penalties like this will scare any builder or commercial developer away from future Davidson projects. These types of legal proceedings create a toxic governmental environment that will last way beyond this project and will have an adverse affect on the residents.
Good. Lennar sux.
Exactly!!!
Karma
A million dollars for some f###### trees, another example of government overreach
Then stop using the oxygen that the trees produced.
Deforestation should be treated as a crime in north carolina.the forest is one of our main resource to keep the the water flowing. It’s simple. No forest no water.
Do you live in a house? I can guarantee you that trees existed in the location that you live. So, I guess if deforestation were a crime in NC, you would be going to jail for living in a location that used to have trees, likely in a house built from trees and wood furniture, floors, and on and on. Everyone in Davidson thinks they are the only ones allowed to live there, like it’s some exclusive place that no one else can ever be allowed to become a part of. Guess what, people, you live in a City! Cities grow over time! If you want trees around you, move to the country. They can plant more trees to replace the ones they removed. I agree that builders need to make sure they follow guidelines, but $1 million is excessive for trees that can be re-planted for a fraction of that cost.
“I understand the need for a master site plan with tree conservation, but penalties like this will scare any builder or commercial developer away from future Davidson projects. These types of legal proceedings create a toxic governmental environment that will last way beyond this project and will have an adverse affect on the residents.”
I think this comment hits and misses the point at the same time. The Davidson Board elected in 2017 and re-elected in 2019 was elected to do exactly this – hold developers looking to get away with this type of thing accountable. If the inability to get away with shenanigans makes unscrupulous developers pass on by, the the only answer from residents should be…”good!”
Lennar decimated a beautiful piece of property there, which sits next to what used to be a beautiful and idyllic greenway. The builder, and its land planner, should have saved many more trees there instead of simply clear cutting over 100 mature trees. I have no doubt they could have easily afforded it as they are likely making money hand over fist in this 300 plus home development. The greed is abundantly apparent, but where’s the stewardship? Glad to see Davidson draw a big line in the sand. Kudos to them!
I think this was long overdue. The amount of developments going in is ridiculous. The developers thought it wouldnt be a big deal. Guess what it is. My wife and I moved to this area because we liked how quiet it was. It seems like everyday they are clearing more and more land for these huge developments. Mean while the roads and schools are over crowded and this does not affect the developer at all. Just the existing people in the area.
Lennar has a history of environmental destruction in Davidson. I applaud and support efforts to strongly penalize their recklessness and irresponsibility, if not their outright illegal actions. Sadly, once again, we see outside developers with show little if any concern for the good of a community, but only seek to rape and plunder and once done, leave.
Make them pay Davidson leaders….make them pay. And may all others take note.
Lennar has being doing this everywhere they are allowed to build (and destroy). They are doing it all over Huntersville too.
Good for Davidson! I live right next to Lenar’s development. There is standing water all along the green way from the contours being changed and trees cut to the very edge of the trail. Too bad a buffer could not have been negotiated up front to mitigate the loss of green space.
Where they cut the trees down homes will be built. If you actually go to the site you will see they had no choice but to remove the trees no one in their right mind would buy a home with a 40-50 foot tree 5 feet from their foundation. the tree at the back of their lots remain. Now the neighbors that I’m sure complained will be looking at dirt piles for months or years. Enjoy your view of dirt morons.
At the Greens in Indian Land, we have been promised a pool for over two years, and, as of today, we still don’t have it. They’re working on it, but I doubt we’ll have use of it this summer. Lennar never responds to inquiries about its construction, and keeps us completely in the dark. They also have failed to install adequate street lighting, which will ultimately be a burden we’ll have to bear if we decide to add more. I love my townhome, but do NOT care for the way Lennar dismisses homeowners as if we are nothing more than a necessary inconvenience.