(A) Authority. The state legislature has, in G.S. Ch. 160A, Art. 8, § 174, General Ordinance Authority; and in G.S. Ch. 143, Art. 21, Watershed Protection Rules, delegated the responsibility or directed local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. In addition, G.S. § 160D-926 refers specifically to water supply watershed management. The Town Council does hereby ordain and enact into law the following provisions.
(B) Jurisdiction. The provisions of this article shall apply within the areas designated as a Water Supply Watershed by the state’s Environmental Management Commission and shall be defined and established on the map entitled, “Water Supply Watershed Protection Map of the Town of Butner, North Carolina” (“the Watershed Map”), which is adopted simultaneously herewith. The Watershed Map and all explanatory matter contained thereon accompanies and is hereby made a part of this LDO. This ordinance shall be permanently kept on file in the office of the Town Clerk.
(C) Exceptions to applicability.
(1) Nothing contained herein shall repeal, modify, or amend any federal or state law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of this article amend, modify, or restrict any provisions of the LDO or the Code of Ordinances of the town; however, the adoption of this article shall and does amend any and all ordinances, resolutions, and regulations in effect in the town at the time of the adoption of this article that may be construed to impair or reduce the effectiveness of this article or to conflict with any of its provisions.
(2) It is not intended that these regulations interfere with any easement, covenants, or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control.
(4) Expansions to existing development must meet the requirements of this ordinance, except single-family residential development or unless expansion is part of common plan of development. In any expansion, the built-upon area of the existing development is not required to be included in the density calculations. Where there is a net increase of built-upon area, only the area of net increase is subject to this ordinance. Where existing development is being replaced with new built-upon area, and there is net increase of built-upon area, only areas of net increase shall be subject to this ordinance.
(5) If a nonconforming lot of record is not contiguous to any other lot owned by the same party, then that lot of record shall not be subject to the development restrictions of this article if it is developed for single-family residential purposes. Any lot or parcel created as part of a family subdivision after the effective date of these rules shall be exempt from these rules if it is developed for one single-family detached residence and if it is exempt from the subdivision regulations set out in the LDO. Any lot or parcel created as part of any other type of subdivision that is exempt from the LDO’s subdivision ordinance, shall be subject to the land use requirements (including impervious surface requirements) of this article, except that such a lot or parcel must meet the minimum buffer requirements to the maximum extent practicable.
(6) An applicant may exceed the density limits in 15.1.3(B) if all of the following circumstances apply:
(i) The property was developed prior to the effective date of the local water supply watershed program.
(ii) The property has not been combined with additional lots after January 1, 2021.
(iii) The property has not been a participant in a density averaging transaction under G.S. § 143-214.5(d2).
(iv) The current use of the property is nonresidential.
(v) In the sole discretion, and the voluntary election, of the property owner, the stormwater from all of the existing and new built-upon area on the property is treated in accordance with all applicable local government, state, and federal laws and regulations.
(vi) The remaining vegetated buffers on the property are preserved in accordance with the requirements of this ordinance.
15.1.2 Subdivision regulations.
(A) General provisions.
(1) No subdivision plat of land within the Water Supply Watershed shall be filed or recorded by the Register of Deeds until it has been approved in accordance with the provisions of this article. Likewise, the Clerk of Superior Court shall not order or direct the recording of a plat if the recording of such plat would be in conflict with this article.
(2) The approval of a plat does not constitute or effect the acceptance by the town or the public of the dedication of any street or other ground, easement, right-of-way, public utility line, or other public facility shown on the plat and shall not be construed to do so.
(3) All subdivisions shall conform with the mapping requirements contained in G.S. § 47-30.
(4) All subdivisions of land within the jurisdiction of town after the effective date of this article shall require a plat to be prepared, approved, and recorded pursuant to this article.
(B) Subdivision application and review procedures.
(1) All proposed subdivisions shall be reviewed prior to recording with the Register of Deeds by submitting a vicinity map to the Ordinance Administrator to determine whether or not the property is located within the designated Water Supply Watershed. Subdivisions that are not within the designated watershed area shall not be subject to the provisions of this article and may be recorded provided the Ordinance Administrator signs all appropriate certifications. In addition, subdivisions within a WS-IV watershed are subject to the provisions of this article only when an erosion and sedimentation plan is required under the provisions of state law, or approved local program. Subdivisions within the designated watershed area shall comply with the provisions of this article and all other state and local requirements that may apply.
(2) Subdivision applications shall be filed with the Ordinance Administrator. The application shall include a completed application form, two copies of the plat, and supporting documentation deemed necessary by the Ordinance Administrator or the Planning Board (see Appendix A).
(3) The Ordinance Administrator shall review the completed application and shall either approve, approve conditionally, or disapprove each application. The Ordinance Administrator shall take final action within 45 days of submission of the application. The Ordinance Administrator or the Planning Board may provide public agencies an opportunity to review and make recommendations. However, failure of the agencies to submit their comments and recommendations shall not delay action within the prescribed time limit. Said public agencies may include, but are not limited to, the following:
(i) The North Carolina Department of Transportation (NCDOT) District Highway Engineer with regard to proposed streets and highways that will be maintained by the NCDOT;
(ii) The Health Department with regard to proposed private water system or sewer systems normally approved by the Health Department;
(iii) The North Carolina State Division of Water Resources (DWR) with regard to proposed water and sewer systems normally approved by the Division;
(iv) The South Granville Water and Sewer Authority with regard to proposed public water and sewer systems normally approved by the Authority; and
(v) Any other agency or official designated by the Ordinance Administrator or Planning Board.
(4) If the Ordinance Administrator approves the application, such approval shall be indicated on both copies of the plat by the certificate of watershed compliance (see Appendix B) and signed by the Ordinance Administrator.
(5) If the Ordinance Administrator disapproves or approves conditionally the application, the reasons for such action shall be stated in writing for the applicant and entered in the minutes. The subdivider may make changes and submit a revised plan which shall constitute a separate request for the purpose of review.
(6) All subdivision plats shall comply with the requirements for recording of the County Register of Deeds.
(7) The plat shall be recorded within 30 days of approval. The Subdivider shall provide the Watershed Administrator with evidence the plat has been recorded with the Register of Deeds within five working days.
(C) Subdivision standards and required improvements.
(1) Adequate building space. All lots shall provide adequate building space in accordance with the development regulations contained in division 15.1.3. Existing lots of record which are smaller than the minimum required for residential lots may be developed using built-upon area criteria in accordance with division 15.1.3.
(2) For the purpose of calculating built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.
(3) Storm water drainage facilities. The application shall be accompanied by a description of the proposed method of providing storm water drainage. The subdivider shall provide a drainage system that diverts stormwater runoff away from surface waters and incorporates to minimize water quality impacts and meets local requirements.
(4) Erosion and sedimentation control. The application shall, where required, be accompanied by a written statement that a sedimentation and erosion control plan has been submitted to and approved by the state’s Division of Land Quality.
(5) Roads constructed in critical areas and watershed buffer areas. Where possible, roads should be located outside of critical areas and watershed buffer areas. Roads constructed within these areas shall be designed and constructed to minimize their impact on water quality.
(D) Construction procedures.
(1) No construction or installation of improvements shall commence in a proposed subdivision until a subdivision plat has been approved, public roadway construction drawings are approved, the stormwater permit is issued, and NCDEQ has issued an erosion control permit.
(2) 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 article until all requirements of this article 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.
15.1.3 Development regulations.
(A) Establishment of watershed areas. For purposes of this article the town and its extraterritorial jurisdiction are hereby divided into the following areas, as appropriate.
WS-I |
WS-II-CA (Critical Area) |
WS-II-BW (Balance of Watershed) |
WS-III-CA (Critical Area) |
WS-III-BW (Balance of Watershed) |
WS-IV-CA (Critical Area) |
WS-IV-PA (Protected Area) |
Activity/Use | Water Supply Watershed Classification | |||||||
WS-I | WS-II CA | WS-II BW | WS-III CA | WS-III BW | WS- IV CA | WS-IV PA | WS-V | |
Activity/Use | Water Supply Watershed Classification | |||||||
WS-I | WS-II CA | WS-II BW | WS-III CA | WS-III BW | WS- IV CA | WS-IV PA | WS-V | |
New landfills | No | No | Yes | No | Yes | No | Yes | Yes |
New permitted residual land application | No | No | Yes | No | Yes | No | Yes | Yes |
New permitted petroleum contaminated soils | No | No | Yes | No | Yes | No | Yes | Yes |
NPDES General or Individual Stormwater discharges | Yesa | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
NPDES general permit wastewater discharges pursuant to 15A NCAC 02H .0127 | Yesa | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
NPDES individual permit trout farm discharges | Yesa | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
New NPDES individual permit domestic treated wastewater discharge | No | No | No | No | Yes | Yes | Yes | Yes |
New NPDES individual permit industrial treated wastewater discharge | No | No | Nob | Nob | No | Yes | Yes | Yes |
Non-process industrial waste | No | No | No | Yes | Yes | Yes | Yes | Yes |
New industrial connections and expansions to existing municipal discharge with pretreatment program pursuant to 15A NCAC 02H .0904 | No | No | No | No | No | Yes | Yes | Yes |
Sewage | No | Noc | Noc | Noc | Noc | Noc | Noc | Yesd |
Industrial waste | No | Noc | Noc | Noc | Noc | Noc | Noc | Yesd |
Other wastes | No | Noc | Noc | Noc | Noc | Noc | Noc | Yesd |
Groundwater remediation project dischargese | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Agriculturef | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Silvicultureg | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Residential Developmenth | Noj | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Non-residential Developmenthi | Noj | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Nonpoint Source Pollutionk | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Animal Operationsl | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
Notes: a. Permitted pursuant to 15A NCAC 02B. 0104. b. Except non-process industrial processes allowed. c. Only allowed if specified in 15A NCAC 02B. 0104. d. Not allowed if activity(ies) has/have an adverse impact on human health. e. Where no other practical alternative exists. f. In WS-I watershed and Critical Areas of WS-II, WS-III, and WS-IV watersheds, agricultural activities conducted after 1/1/1993 shall maintain a minimum of ten-foot vegetated setback or equivalent control as determined by Soil and Water Conservation Commission among all perennial waters indicated on most recent version of USGS 1:24000 scale (7.5 minute) topographic maps or as determined by local government studies. g. Subject to Forest Practice Guidelines Related to Water Quality (02 NCAC 60C. 0100 to .0209) Effective 4/12/2018. h. See density requirements in 15A NCAC 02B. 0624. i. See different allowed and not allowed in this table. j. Watershed shall remain undeveloped except for the following uses when they cannot be avoided: power transmission lines, restricted access roads, and structures associated with water withdrawal, treatment, and distribution of WS-I waters. Built upon area shall be designed and located to minimize stormwater runoff impact to receiving waters. k. Non point source pollution shall not have adverse impact, as defined in 15A NCAC 02H. 1002, on use as water supply or any other designated use. l. Deemed permitted, as defined in 15A NCAC 02T. 0103 and permitted under 15A NCAC 2H. 0217. | ||||||||
(B) Watershed areas – density and built-upon limits.
(1) Project density. The following maximum allowable project densities and minimum lot sizes shall apply to a project according to the classification of the water supply watershed where it is located, its relative location in the watershed, its project density, and the type of development.
Water Supply Classification | Location in the Watershed | Maximum Allowable Project Density or Minimum Lot Size | ||
Low Density Development | High Density Development | |||
Single-family detached residential | Non-residential and all other residential | All types | ||
Water Supply Classification | Location in the Watershed | Maximum Allowable Project Density or Minimum Lot Size | ||
Low Density Development | High Density Development | |||
Single-family detached residential | Non-residential and all other residential | All types | ||
WS-I | Not applicable. Watershed shall remain undeveloped except for the following uses when they cannot be avoided: power transmission lines, restricted access roads, and structures associated with water withdrawal treatment and distribution of the WS-I water. Build-upon area shall be designed and located to minimize stormwater runoff impact to receiving waters | |||
WS-II | Critical Area | 1 dwelling unit (du) per 2 acres or 1 du per 80,000 square foot lot excluding roadway right-of-way or 6% built-upon area | 6% built-upon area | 6 to 24% built-upon area |
1Balance of Watershed | 1 du per 1 acre or 1 du per 40,000 square foot lot excluding roadway right-of-way or 12% built-upon area | 12% built-upon area | 12 to 30% built-upon area1 | |
WS-III | Critical Area | 1 du per 1 acre or 1 du per 40,000 square foot lot excluding roadway right-of-way or 12% built-upon area | 12% built-upon area | 12 to 30% built-upon area |
Balance of Watershed | 1 du per one-half acre or 1 du per 20,000 square foot lot excluding roadway right-of way or 24% built-upon area | 24% built-upon area | 24 to 50% built-upon area | |
WS-IV | Critical Area | 1 du per one-half acre or 1 du per 20,000 square foot lot excluding roadway right-of-way or 24% built-upon area | 24% built-upon area | 24 to 50% built-upon area |
Protected Area | 1 du per one-half acre or 1 du per 20,000 square foot lot excluding roadway right-of-way or 24% built-upon or 3 dus per acre or 36% built-upon area without curb and gutter street system | 24% built-upon area, or 36% built-upon area without curb and gutter street system | 24 to 70% built-upon area | |
WS-V | Not applicable | |||
1 New development in WS-II Balance of Watershed may occupy 10% of the watershed area which is outside the critical area, with 70% built-upon area when approved as a special intensity allocation (SIA). The Ordinance Administrator is authorized to approve SIAs consistent with the provisions of this ordinance. Projects must, to the maximum extent practicable, minimize built-upon surface area, direct stormwater away from surface waters and incorporate stormwater control measures to minimize water quality impacts. Non-discharging landfills and residuals application sites are allowed. | ||||
(C) Calculation of project density.
(1) The following requirements shall apply to the calculation of project density:
(i) Project density shall be calculated as the total built-upon area divided by the total project area;
(ii) A project with existing development as defined in article 17.1 may use the calculation method in 15.1.3(C)(1)(i) above or shall have the option of calculating project density as the difference of total built-upon area minus existing built-upon area divided by the difference of total project area minus existing built-upon area;
(iii) Expansions to existing development shall be subject to 15A NCAC 02B .0624 except as excluded in Rule 15A NCAC 02B .0622(1)(d).
(iv) When there is a net increase of built-upon area, only the area of net increase shall be subject to density and built-upon area limits, per 15A NCAC 02B.0264.
(v) Where existing development is being replaced with new built-upon area and there is a net increase of built-upon area only the area of net increase shall be subject to density and built-upon area limits, per 15A NCAC 02B.0624.
(vi) Total project area shall exclude the following:
(a) Areas below the normal high water line (NHWL); and
(b) Areas defined as “coastal wetlands” pursuant to 15A NCAC 07H .0205 herein incorporated by reference including subsequent amendments and additions, and available at no cost at http://reports.oah.state.nc.us/ncac.asp as measured landward from the normal high water line (NHWL); and
(vii) Projects under a common plan of development shall be considered as a single project for purposes of density calculation except that on a case-by-case basis, local governments may allow projects to be considered to have both high and low density areas based on one or more of the following criteria:
(a) Natural drainage area boundaries;
(b) Variations in land use throughout the project; and
(c) Construction phasing.
(D) Low density design standards.
(1) Low density projects, in addition to complying with the project density requirements of division (B) of this article, shall meet the following minimum design criteria.
(i) Stormwater runoff from the project shall be released to vegetated areas as dispersed flow or transported by vegetated conveyances to the maximum extent practicable. In determining whether this criteria has been met, the local government shall take into account site-specific factors such as topography and site layout as well as protection of water quality. Vegetated conveyances shall be maintained in perpetuity to ensure that they function as designed. Vegetated conveyances that meet the following criteria shall be deemed to satisfy the requirements of this divivsion:
(a) Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless it is demonstrated to the Ordinance Administrator that the soils and vegetation will remain stable in perpetuity based on engineering calculations and on-site soil investigation; and
(b) The conveyance shall be designed so that it does not erode during the peak flow from the ten-year storm as demonstrated by engineering calculations.
(ii) Curb outlet systems. Low density projects may use curb and gutter with outlets to convey stormwater to grassed swales or vegetated areas. Requirements for these curb outlet systems are as follows:
(a) The curb outlets shall be designed such that the swale or vegetated area can carry the peak flow from the ten-year storm at a non-erosive velocity;
(b) The longitudinal slope of the swale or vegetated area shall not exceed 5%, where practicable. Where not practical due to physical constraints, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery shall be provided;
(c) The swale’s cross-section shall be trapezoidal with a minimum bottom width of two feet;
(d) The side slopes of the swale or vegetated area shall be no steeper than 3:1 (horizontal to vertical);
(e) The minimum length of the swale or vegetated area shall be 100 feet;
(f) Low density projects may use treatment swales designed pursuant to 15A NCAC 02H .1061 in lieu of the requirements specified in divisions (a) through (e) above.
(E) High density design standards.
(1) In addition to complying with the project density requirements of 15.1.3(B), high density projects shall meet the following minimum design criteria.
(i) Treatment requirements. SCMs shall be designed, constructed, and maintained so that the project achieves either “runoff treatment” or “runoff volume match” as those terms are defined in 15A NCAC 02B.0621.
(ii) For high density projects designed to achieve runoff treatment, the required storm depth shall be one inch. Applicants shall have to option to design projects to achieve runoff volume match in lieu of runoff treatment;
(iii) Stormwater runoff from off-site areas and existing development shall not be required to be treated in the SCM. Runoff from off-site areas or existing development that is not bypassed shall be included in sizing of on-site SCMs;
(iv) Stormwater outlets shall be designed so that they do not cause erosion downslope of the discharge point during peak flow from the ten-year-storm event as shown by engineering calculations.
(v) SCMs shall meet the relevant MDC set forth in 15A NCAC 02H.1050 through .1062.
(2) Peak Flow Management.
(i) Developments that increase the post-developed peak runoff rate from the predeveloped peak runoff rate for either the two-year or ten-year 24-hour storm event shall provide one of the following:
(a) Offsite Downstream Analysis:
1. Perform an analysis of the downstream drainage conveyances, storm drainage, culverts, etc. for the two-year and ten-year storm events that confirms no adverse impacts to those downstream conveyances, buildings, and other structures.
2. The total drainage area used in the analysis shall extend offsite downstream to a point where the proposed site development or redevelopment represents less than 10% of the total drainage area analyzed. Example: A five-acre parcel that disturbs four-acres for development and that four-acres is discharged at a single location would be required to extend the analysis downstream to a point where the total drainage area analyzed equals 40 acres.
(b) Provide SCMs that control the post-developed peak runoff flow rates to the predeveloped peak runoff flow rates for the two-year and ten-year 24-hour storm events.
(c) The Development discharges directly into a 100-year floodplain and the stormwater outlets are designed so that they do not cause erosion downslope of the discharge point during peak flow from the ten-year-storm event as shown by engineering calculations. Any portion of the development that does not discharge directly into the 100-year floodplain will be required to comply with the High Density Standard, division 15.1.3. (E).
(ii) Developments that increase the peak runoff from the 100-year storm may be required to install stormwater management facilities to address the impact, as determined by the Stormwater Administrator.
(F) Variations from division 15.1.3(D) and (E). The Ordinance Administrator may approve projects that do not comply with all of the provisions of this section on a case-by-case basis as follows.
(1) If the variation pertains to an SCM design that does not meet all of the MDC, then the applicant shall provide technical justification based on engineering calculations and the results of research studies showing that the proposed design is equally or more protective of water quality than the requirements of this section and that it shall function in perpetuity. The Ordinance Administrator shall have the option to require compliance with the MDC in the event that the alternative SCM design fails.
(2) If the variation pertains to other aspects of the project, then the applicant shall demonstrate that the project provides equal or better stormwater control and equal or better protection of waters of the state.
(G) Density averaging.
(1) An applicant may average development density on up to two noncontiguous properties for the purpose of achieving compliance with the water supply watershed development standards if all of the following circumstances exist:
(i) 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.
(ii) Overall project density meets applicable density or stormwater control requirements under 15A NCAC 2B .0200.
(iii) Vegetated setbacks on both properties meet the minimum statewide water supply watershed protection requirements.
(iv) Built-upon area designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize concentrated stormwater flow, maximize the use of street flow through vegetated areas and maximize the flow length through vegetated areas.
(v) Areas of concentrated density development are located in upland areas and, to the maximum extent practicable, away from the surface waters and drainageways.
(vi) 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 homeowner's association as common area, conveyed by 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.
(2) Development permitted under density averaging and meeting applicable low density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable.
(3) A special use permit shall be obtained from the Butner Board of Adjustment to ensure that both properties are considered together to meet the standards of the watershed ordinance and that potential owners have record of how the watershed regulations were applied to the properties.
(H) Cluster development. Cluster development is allowed in all Watershed Areas [except WS-I] under the following conditions:
(1) Minimum lot sizes are not applicable to single-family cluster development projects; however, the total number of lots shall not exceed the number of lots allowed for single-family detached developments in division 15.1.3. Density or built-upon area for the project shall not exceed that allowed for the critical area, balance of watershed, or protected area, whichever applies.
(2) All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas.
(3) Areas of concentrated density development shall be located in upland area and away, to the maximum extent practicable, from surface waters and drainageways.
(4) The remainder of the tract shall remain in a vegetated or natural state. The title to the open space area shall be conveyed to an incorporated homeowners’ association for management; to a local government for preservation as a park or open space; or to a conservation organization for preservation in a permanent easement. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds.
(5) Cluster developments that meet the applicable low density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable.
(I) Vegetated setbacks required.
(1) 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.
(2) No new development is allowed in the buffer except for water dependent structures, other structures such as flag poles, signs, and security lights which result in only diminutive increases in impervious area 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 stormwater control measures.
(3) Where USGS topographic maps do not distinguish between perennial and intermittent streams, on on-site stream determination may be performed by an individual qualified to perform such stream determinations.
(J) Rules governing the interpretation of watershed area boundaries. Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed Map, the following rules shall apply.
(1) 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.
(2) 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 town’s planning and zoning jurisdiction as evidence that one or more properties along these boundaries do not lie within the watershed area.
(3) 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. The Environmental Management Commission adopted this provision with intention of locating build-upon surface area in the least environmentally sensitive area of the project.
(4) 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.
(5) 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.
(K) Application of regulations.
(1) No building or land shall hereafter be used and no development shall take place except in conformity with the regulations herein specified for the watershed area in which it is located.
(2) No area required for the purpose of complying with the provisions of this ordinance shall be included in the area required for another building.
(3) If a use or class of use is not specifically indicated as being allowed in a watershed area, such use or class of use is prohibited.
(L) Existing development. Existing development as defined in § 17.1 may be continued and maintained subject to the provisions provided herein. Expansions to structures classified as existing development must meet the requirements of § 15.1, however, the built-upon area of the existing development is not required to be included in the built-upon area calculations.
(1) Uses of land. This category consists of uses existing at the time of adoption of this ordinance where such use of the land is not permitted to be established hereafter in the watershed area in which it is located. Such uses may be continued except as follows.
(i) When such use of land has been changed to an allowed use, it shall not thereafter revert to any prohibited use.
(ii) Such use of land shall be changed only to an allowed use.
(iii) When such use ceases for a period of at least one year, it shall not be reestablished.
(2) Reconstruction of buildings or built-upon areas. Any existing building or built-upon area not in conformance with the restrictions of this ordinance that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single-family residential development, provided:
(i) Repair or reconstruction is initiated within 12 months and completed within two years of such damage; and
(ii) The total amount of space devoted to built-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided.
(M) Watershed protection/stormwater permit.
(1) Except where a single-family residence is constructed on a lot deeded prior to the effective date of this ordinance, no building or built-upon area shall be erected, moved, enlarged, or structurally altered, nor shall any building permit be issued nor shall any change in the use of any building or land be made until a watershed protection permit has been issued by the Watershed Administrator. No watershed protection permit shall be issued except in conformity with the provisions of this ordinance.
(2) Watershed protection/stormwater permit applications shall be filed with the Ordinance Administrator. The application shall include a completed application form and supporting documentation deemed necessary by the Ordinance Administrator.
(3) Prior to issuance of a watershed protection/stormwater permit, the Ordinance Administrator may consult with qualified personnel for assistance to determine if the application meets the requirements of this ordinance.
(4) A watershed protection/stormwater permit shall expire if a building permit or occupancy permit for such use is not obtained by the applicant within 12 months from the date of issuance.
(N) Building permit required. No permit required under the state’s Building Code shall be issued for any activity for which a watershed protection/stormwater permit is required until that permit has been issued.
(O) Watershed protection/stormwater occupancy permit.
(1) The Ordinance Administrator shall give approval for an occupancy permit certifying that all requirements of this ordinance have been met prior to the occupancy or use of a building hereafter erected, altered, or moved and/or prior to the change of use of any building or land.
(2) An occupancy permit, either for the whole or part of a building, shall be applied for coincident with the application for a watershed protection/stormwater permit and shall be issued or denied within ten days after the erection or structural alterations of the building.
(3) When only a change in use of land or existing building occurs, the Ordinance Administrator shall approve issuance of an occupancy permit certifying that all requirements of this ordinance have been met coincident with the watershed protection/stormwater permit.
(4) If the occupancy permit is denied, the Ordinance Administrator shall notify the applicant in writing stating the reasons for denial.
(5) No building or structure which has been erected, moved, or structurally altered may be occupied until the Ordinance Administrator has approved the issuance of an occupancy permit.
15.1.4 Public health regulations.
(A) Public health, in general. No activity, situation, structure, or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety, and welfare. Such conditions may arise from inadequate on-site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash, or other refuse within a buffer area; the improper management of stormwater runoff; or any other situation found to pose a threat to water quality.
(B) Abatement.
(1) The Ordinance Administrator shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality.
(2) The Ordinance Administrator shall report all findings to the Town Council. The Ordinance Administrator may consult with any public agency or official and request recommendations.
(3) Where the Town Council finds a threat to water quality and the public health, safety, and welfare, the Council shall institute any appropriate action or proceeding to restrain, correct, or abate the condition and/or violation.
15.1.5 Administration, enforcement, and appeals.
(A) Ordinance Administrator and duties thereof. The Town Council shall appoint an Ordinance Administrator, who shall be duly sworn in. It shall be the duty of the Ordinance Administrator to administer and enforce the provisions of this ordinance as follows.
(1) The Ordinance Administrator shall issue watershed protection/stormwater permits and approve issuance of occupancy permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public inspection during regular office hours of the Administrator.
(2) The Ordinance Administrator shall keep records of all amendments to the local water supply watershed protection ordinance and shall provide copies of all amendments upon adoption to the Stormwater Branch of the Division of Energy, Mineral, and Land Resources.
(3) The Ordinance Administrator shall keep records of the jurisdiction's use of the provision that a maximum of 10% of the non-critical area of WS-II, WS-III, and WS-IV watersheds may be developed with new development at a maximum of 70% built-upon surface area. Records for each watershed shall include the total acres of non-critical watershed area, total acres eligible to be developed under this option, total acres approved for this development option, and individual records for each project with the following information: location, number of developed acres, type of land use, and stormwater management plan (if applicable).
(4) The Ordinance Administrator or his or her designee is granted the authority to administer and enforce the provisions of this ordinance, exercising in the fulfillment of his or her responsibility the full police power of the town. The Ordinance Administrator, or his or her duly authorized representative, may enter any building, structure, or premises, as provided by law, to perform any duty imposed upon him or her by this ordinance.
(5) The Ordinance Administrator shall keep a record of variances to the local Water Supply Watershed Protection Ordinance.
(6) The Ordinance Administrator is responsible for ensuring that Stormwater Control Measures are inspected at least once a year and shall keep a record of SCM inspections.
(B) Appeal from the Ordinance Administrator.
Any order, requirement, decision, or determination made by the Ordinance Administrator may be appealed to and decided by the Board of Adjustment.
An appeal from a decision of the Ordinance Administrator must be submitted to the Board of Adjustment within 30 calendar days from the date the order, interpretation, decision, or determination is made. All appeals must be made in writing stating the reasons for appeal. Following submission of an appeal, the Ordinance Administrator shall transmit to the Board all papers constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application of notice of the officer from whom the appeal is taken and upon due cause shown.
All appeals of Ordinance Administrator decisions shall follow the procedures for appeals of administrative decisions in GS § 160D-405.
The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties and shall decide the same within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney.
(C) Changes and amendments to this article.
(1) The Town Council may, on its own motion or on petition, after public notice and hearing, amend, supplement, change, or modify the watershed regulations and restrictions as described herein.
(2) No action shall be taken until the proposal has been submitted to the Planning Board for review and recommendations. If no recommendation has been received from the Planning Board within 45 days after submission of the proposal to the Chairperson of the Planning Board, the Town Council may proceed as though a favorable report had been received.
(3) Under no circumstances shall the Town Council adopt such amendments, supplements, or changes that would cause this ordinance to violate the watershed protection rules as adopted by the state’s Environmental Management Commission. All amendments must be filed with the the N.C. Division of Energy, Mineral, and Land Resources.
(D) Public notice and hearing required. Before adopting or amending this ordinance, the Council shall hold a public hearing on the proposed changes. A notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than ten nor more than 25 days before the date for the hearing.
(E) Establishment of Watershed Review Board. The Board of Adjustment shall serve as the Watershed Review Board.
(F) Powers and duties of the Watershed Review Board.
(1) Administrative review. The Watershed Review Board shall hear and decide appeals from any decision or determination made by the Ordinance Administrator in the enforcement of this ordinance.
(2) Variances. The Watershed Review Board shall have the power to authorize, in specific cases, minor variances from the terms of this article and may review major variance requests and make recommendations to the Environmental Management Commission regarding the same. In addition, the town shall notify and allow 30 days for all other local governments having jurisdiction in the designated watershed where the variance is being considered.
(i) Applications for a variance shall be made on the proper form obtainable from the Watershed Administrator and shall include the following information:
(a) A site plan, drawn to a scale of at least one inch to 40 feet, indicating the property lines of the parcel upon which the use is proposed; any existing or proposed structures; parking areas and other built-upon areas; and surface water drainage. The site plan shall be neatly drawn and indicate north point, name and address of person who prepared the plan, date of the original drawing, and an accurate record of any later revisions;
(b) A complete and detailed description of the proposed variance, together with any other pertinent information which the applicant feels would be helpful to the Watershed Review Board in considering the application; and
(c) The Ordinance Administrator shall notify in writing each local government having jurisdiction in the watershed and the entity using the water supply for consumption. Such notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the Ordinance Administrator prior to a decision by the Watershed Review Board. Such comments shall become a part of the record of proceedings of the Watershed Review Board.
(ii) Before the Watershed Review Board may grant a major or minor variance, it shall make the findings of fact set out in division 3.2.5(E) of this ordinance.
(iii) In granting the variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purpose of this ordinance. If a variance for the construction, alteration, or use of property is granted, such construction, alteration, or use shall be in accordance with the approved site plan.
(iv) The Watershed Review Board shall refuse to hear an appeal or an application for a variance previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application.
(v) A variance issued in accordance with this section shall be considered a watershed protection permit and shall expire if a building permit or occupancy permit for such use is not obtained by the applicant within six months from the date of the decision.
(vi) If the application calls for the granting of a major variance, and if the Watershed Review Board decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to evidence, and rulings on them;
(e) Proposed findings and exceptions; and
(f) The proposed decision, including all conditions proposed to be added to the permit.
(vii) The preliminary record shall be sent to the Environmental Management Commission for its review and approval as follows.
(a) If the Commission concludes from the preliminary record that the variance qualifies as a major variance and approves the major variance either as proposed or with conditions and stipulations, the Board shall prepare a final decision granting the proposed variance with or without conditions or stipulations as set out in the Commission decision authorizing the Watershed Review Board to issue a final decision.
(b) If the Commission concludes from the preliminary record that the variance qualifies as a major variance and the Commission denies the major variance, the Board shall prepare a final decision denying the proposed major variance as set out in the Commission decision.
(3) Approval of all development greater than the low density option.
(G) Appeals from the Watershed Review Board. Appeals from the Watershed Review Board on a major or minor variance request are made on certiorari to the County Superior Court. Appeals from the Commission decision on a major variance request are made on judicial review to Superior Court.
(Ord. A.22.02, passed 4-7-2022; Ord. TA.23.06, passed 12-7-2023; Ord. A.24-07, passed 10-3-2024)