(A) The purpose of this subchapter is to list and describe the watershed areas herein adopted as follows.
(B) WS-IV Watershed Areas - Protected Area (WS-IV-PA). Only new development activities that require an erosion/sedimentation control plan under state law or approved local government program are required to meet the provisions of this chapter when located in a WS-IV watershed. A maximum of two dwelling units per acre or 24% builtupon is allowed for projects with curb and gutter street systems. A maximum of three dwelling units per acre or 36% built-upon area is allowed for projects without a curb and gutter street system.
(1) Uses allowed:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.6101-.0209).
(c) Residential development.
(d) Non-residential development, excluding the storage of toxic and hazardous materials unless a spill containment plan is implemented.
(2) Density and built-upon limits:
(a) Unless otherwise specified herein, all densities and building restrictions for new development shall comply with the city’s subdivision and zoning requirements.
(b) Except within an approved cluster development, no single-family residential lot shall be less than one-half acres or one-third acres for projects without a curb and gutter system, as defined on a project-by-project basis.
(c) Density and built-upon area for cluster subdivisions shall follow the requirements of § 94.16.
(d) All other residential and non-residential development shall not exceed 24% built-upon area on a project by project basis. For projects without a curb and gutter street system, development shall not exceed 36% built- upon area on a project by project basis for the purpose of calculating built-upon area, total project area shall include acreage in the tract on which the project is to be developed.
(e) In addition to the development allowed under the divisions above, new development and expansions to existing development may occupy up to 10% of the protected area with up to 70% built-upon area on a project by project basis, when approved as a special intensity allocation (SIA). The Watershed Administrator is authorized to approve SIAs consistent with the provisions of this section for all non-residential development. Projects must, to the maximum extent practicable, minimize built-upon surface area, direct stormwater away from surface waters and incorporate best management practices to minimize water quality impacts. For the purpose of calculating built-upon area, total project area shall include total acreage in the tract or project area on which the project is to be developed. Special intensity allocations for all residential projects, including residential cluster subdivisions, shall only be approved for areas outside of proposed residential lots or units which contain BMPs or other mitigation methods which would increase the total built-upon area above the prescribed thresholds herein.
(Ord. 93-22, passed 6-24-93; Am. Ord. 96-04, passed 3-18-96; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-72, passed 11-21-22) Penalty, see § 94.99