An applicant may average development density on up to two noncontiguous properties for purposes of achieving compliance with the water supply watershed development standards if all of the following circumstances exist:
(A) The properties are within the same water supply watershed. However, if one of the properties is located in the critical area of the watershed, the critical area property shall not be developed beyond the applicable density requirements for its classification.
(B) Overall project density meets applicable density or stormwater control requirements under 15A NCAC 2B.0200.
(C) Vegetated setbacks on both properties meet the minimum statewide water supply watershed protection requirements.
(D) Built upon areas are designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas.
(E) Areas of concentrated density development are located in upland areas and, to the maximum extent practicable, away from surface waters and drainage ways.
(F) The property or portions of the properties that are not being developed will remain in a vegetated or natural state and will be managed by a homeowners' association as common area, conveyed to a local government as a park or greenway, or placed under a permanent conservation or farmland preservation easement unless it can be demonstrated that the local government can ensure long-term compliance through deed restrictions and an electronic permitting mechanism. A metes and bounds description of the areas to remain vegetated and limits on use shall be recorded on the subdivision plat, in homeowners' covenants, and on individual deeds. Any such limitations or restrictions on use shall be irrevocable.
(G) Development permitted under density averaging and meeting applicable low density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable.
(H) A special use permit shall be obtained from the local Board of Adjustment to ensure that both properties considered together meet the standards of the Watershed Protection Ordinance and that potential owners have record of how the watershed regulations were applied to the properties.
(Ord. passed 10-16-23)