Loading...
(A) No construction or installation of improvements shall commence in a proposed subdivision until a subdivision plat has been approved by the Watershed Review Board.
(B) No building or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of this chapter until all requirements of this chapter have been met. The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the Watershed Administrator to provide for adequate inspection.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21) Penalty, see § 94.99
Any person who, being the owner or agent of the owner of any land located within the jurisdiction of the city, thereafter subdivides his land in violation of this chapter or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this chapter and recorded in the office of the Register of Deeds, shall be guilty of a misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The city may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this chapter.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)
DEVELOPMENT REGULATIONS
(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
Clustering of a development is allowed in all watershed areas (except WS-I) under the following conditions:
(A) Unless specified herein, all proposed cluster subdivisions shall comply with all city subdivision and zoning requirements.
(B) Minimum lot sizes and dimensions shall be determined based upon permitted reductions to lot size and setbacks within this title pertaining to cluster subdivisions. The total number of lots shall not exceed the maximum number of lots allowed for single-family detached developments in § 94.15. For the purpose of calculating maximum number of lots in a cluster subdivision in the watershed, the reduction for open space, roadways, and other infrastructure in Ch. 91 shall not be used, however, inclusion of those items in the subdivision shall still be required as specified by city ordinance.
(C) Built upon area or stormwater control requirements of the project shall not exceed that maximum allowed for the critical area in § 94.15, or balance of watershed, whichever applies. For the purpose of determining built-upon area within a cluster subdivision, the collective area of all building envelopes for potential future improvements on all lots after all applicable setbacks are applied shall be considered along with stormwater control areas as a percent of the total project area.
(D) The remainder of the tract, with the exception of any areas required for active use amenities, shall remain in a vegetated or natural state. All open areas shall be maintained in perpetuity as provided for in this title.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 22-72, passed 11-21-22)
(A) A minimum 100-foot vegetative buffer is required for all new development activities that exceed the low density option; otherwise, a minimum 30-foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Desirable artificial streambank or shoreline stabilization is permitted.
(B) No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of stormwater best management practices.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21) Penalty, see § 94.99
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the watershed map, the following rules shall apply:
(A) Where area boundaries are indicated as approximately following either street, alley, railroad or highway lines or centerlines thereof, such lines shall be construed to be said boundaries.
(B) Where area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. However, a surveyed plat prepared by a registered land surveyor may be submitted to the city as evidence that one or more properties along these boundaries do not lie within the watershed area.
(C) Where the watershed area boundaries lie at a scaled distance more than 25 feet from any parallel lot line, the location of watershed area boundaries shall be determined by use of the scale appearing on the watershed map.
(D) where the watershed area boundaries lie at a scaled distance of 25 feet or less from any parallel lot line, the location of watershed area boundaries shall be construed to be the lot line.
(E) Where other uncertainty exists, the Watershed Administrator shall interpret the watershed map as to location of such boundaries. This decision may be appealed to the Watershed Review Board.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)
Loading...