(a) Intent. It is the intent of this district to implement the provisions of the Water Supply Watershed Protection Act (G.S. § 143-214.5) within the critical area of the Pigeon River Watershed. The provisions of this district are applicable to all property located within the designated water supply critical area as shown on the Official Zoning Map of the town. Whenever there is a conflict between this section and any other provision of this section, the stricter requirement shall apply.
(b) Definitions. The following definitions apply only to enforcement of this section:
Agricultural use. The use of waters for stock watering, irrigation, and other farm purposes.
Animal unit. A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations.
Best management practices (BMP). A structural or non-structural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.
Buffer. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.
Built-upon area. Built-upon areas shall include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities, (e.g. Tennis courts), and the like. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.)
Cluster development. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project. This term includes nonresidential development as well as single-family residential subdivisions and multi-family developments that do not involve the subdivision of land.
Composting facility. A facility in which only stumps, limbs, leaves, grass and untreated wood collected from land clearing or landscaping operations is deposited.
Critical area. The area adjacent to a water supply intake where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending one-half mile upstream from the intake located directly in the stream or river (run-of-the-river), or the ridge line of the watershed (whichever comes first). Local governments may extend the critical area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile.
Development. Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
Discharging landfill. A facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream.
Existing development. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of September 14, 1993 based on at least one of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project, or
(2) Having an outstanding valid building permit as authorized by the General Statutes (G.S. § 160D-108), or
(3) Having expended substantial resources (time, labor, money,) and having an approved site specific or phased development plan as authorized by the General Statutes (G.S. § 160D-108).
Hazardous material. Any substance listed as such in: SARA section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and hazardous substances).
Industrial development. Any non-residential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity.
Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance with Chapter 130A Article 9 of the N.C. General Statutes. For the purpose of this section this term does not include composting facilities.
Major variance. A variance that results in any one or more of the following:
(1) The complete waiver of a management requirement;
(2) The relaxation, by a factor of more than ten (10) percent, of any management requirement that takes the, form of a numerical standard;
Minor variance. A variance that does not qualify as a major variance.
Residential development. Buildings for residential use such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouse, cottages, etc., and their associated outbuildings such as garages, storage buildings, gazebos, and the like, and customary home occupations.
Toxic substance. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects.
Water dependent structure. Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water dependent structures.
Watershed. The entire land area contributing surface drainage to a specific point (e.g. the water supply intake).
(c) Permitted uses.
(1) Agriculture, subject to the provisions of the Food Security Act of 1985, and the Food, Agriculture, Conservation and Trade Act of 1990. Agricultural activities conducted after January 1, 1993, shall maintain a minimum ten (10) foot vegetative buffer, or equivalent control as determined by the Soil and Water Conservation Commission, 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. Animal operations greater than 100 animal units shall employ best management practices by July 1, 1994, recommended by the Soil and Water Conservation Commission.
(2) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.6101-.0209).
(3) Residential development, including both single family and all other residential.
(4) Non-residential development, excluding: a) the storage of toxic and hazardous materials unless a spill containment plan is implemented, b) landfills, and c) sites for land application of sludge/residuals or petroleum contaminated soils. New industrial development is required to incorporate adequately designed,constructed and maintained spill containment structures if hazardous materials are either used, stored, or manufactured on the premises.
(d) Density and built-upon limits.
(1) Single-family residential. Development shall not exceed one dwelling unit per two (2) acres, but not to exceed a maximum of six (6) percent built-upon area on a project by project basis. No residential lot shall be less than two (2) acres.
(2) All other residential and non- residential. Development shall not exceed six (6) percent built-upon area on a project by project basis. 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.
(e) Exceptions. Notwithstanding any other provisions of this section, the provisions of the following sections of this ordinance shall not apply to any use of land or structure in the C-A Pigeon River Critical Area Watershed Protection District:
(1) Section 9-4004, Definition of terms, part (c).
(2) Section 9-4041, Schedule of requirements.
(3) Section 9-4055, Only one principal building on any lot.
(4) Section 9-4061, Nonconforming uses.
(5) Section 9-4062, Off-street automobile parking and storage.
(6) Section 9-4063, Off-street loading and unloading space.
(7) Section 9-4071, Lot of record.
(8) Section 9-4072, Front yard setbacks for dwellings.
(9) Section 9-4073, Height limitations.
(10) Section 9-4074, Visibility at intersections.
(11) Section 9-4075, Projections into required open space.
(12) Section 9-4076, Group Projects.
(13) Section 9-4078, Gasoline service or filling stations.
(14) Section 9-4079, Signs, billboards and other advertising structures.
(15) Section 9-4080, Temporary mobile home.
(16) Section 9-4082, Side yard setback for dwellings.
A deeded single family residential lot existing prior to the effective date of this section shall not be subject to the provisions of this section when located in the C-A Pigeon River Critical Area Watershed Protection District.
(f) Cluster development. Clustering of development is allowed 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. Built-upon area or stormwater control requirements of the project shall not exceed that allowed in this ordinance.
(2) All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flows.
(3) The remainder of the tract shall remain in a vegetated or natural state. Where the development has an incorporated property owners' association, the title for open space held in common shall be conveyed to the association for management. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds.
(g) Buffer areas required.
(1) 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 city studies. Desirable artificial streambank or shoreline stabilization is permitted.
(2) 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.
(h) Existing development. Any existing development as defined in this section may be continued and maintained subject to the provisions provided herein. Expansions to structures classified as existing development must meet the requirements of this section; however, the built-upon area of the existing development is not required to be included in the density calculations. Any existing building or built-upon area not in conformance with the restrictions of this article that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single-family residential development, provided 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.
(i) Public health.
(1) 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 absence or improper implementation of a spill containment plan for toxic and hazardous materials; the improper management of stormwater runoff; or any other situation found to pose a threat to water quality.
(2) The Administrator shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality. If such situations are identified they shall be considered a violation of this section.
(j) Administration.
(1) The Administrator shall keep records of all amendments to this section and shall provide copies of all such amendments to the Supervisor of the Classification and Standards Group, Water Quality Section, Division of Environmental Management.
(2) The Administrator shall keep a record of variances to this section. This record shall be submitted to the Supervisor of the Classification and Standards Group, Water Quality Section, Division of Environmental Management, on or before January 1st of the following year and shall provide a description of each project receiving a variance and the reasons for granting the variance.
(k) Changes and amendments to this section.
(1) The Canton Board of Aldermen 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 in this section.
(2) Under no circumstances shall the Board of Aldermen adopt such amendments, supplements or changes that would cause this ordinance to violate the watershed protection rules as adopted by the Environmental Management Commission. All amendments must be filed with the N.C. Division of Environmental Management, N.C. Division of Environmental Health, and the N.C. Division of Community Assistance.
(l) Variances.
(1) Variances to this section may be granted under procedures outlined in this section.
(2) The Administrator shall notify in writing each local government having jurisdiction in the watershed and the entity using the water supply for consumption whenever a variance request is filed. Such notice shall include a description of the variance being requested. Local government or other entities receiving notice of the variance request may submit comments to the Administrator prior to a decision by the Zoning Board of Adjustment. Such comments shall become part of the record of proceedings of the Board.
(3) An Equitable Density Credit (EDC) variance may be granted in mountainous watersheds where portion of the total tract acreage is greater than 30% slope. Higher density development may be granted on portions of total tract acreage less than 30% slope. The Soil Conservation Service or a certified surveyor must determine the portions of acreage greater than or less than 30% slope. EDC is equal to the number of additional dwellings (du) or equivalent impervious area that may be built upon that portion of the tract that is less than 30% slope. Where the EDC variance is granted, the remaining portion of the tract greater than 30% slope must remain undeveloped and retained in its natural vegetation cover. This latter environment produces high quality water in orographic watersheds, which compensates for granting higher densities elsewhere.
Formula:
EDC = No. acres in tract greater than 30% slope
(1 du/2 ac)
(1 du/2 ac)
The total EDC or equivalent impervious area may be applied at the property owner’s discretion, to increase density on the remaining portion of the tract with less than 30% slope. However, the granted additional density can be no greater than 1 du/ac or 12% impervious area/ac for both residential and nonresidential development. Stormwater controls may be required on some sites. In addition, the Town of Canton shall notify and allow a reasonable comment period for all other local governments having jurisdiction in the designated watershed where the variance is being considered.
Examples:
Property owner “A” has a 150 acre mountainous tract. A survey reveals that 50 acres are greater than 30% slope, and the remaining 100 acres are less than 30% slope.
EDC = 50ac = 25 du
1 du/1 ac
1 du/1 ac
The additional 25 du or equivalent impervious area may be added to the remaining 100 acres that are less than 30% slope.
Property owner “B” has a 3.7 acre tract. A survey reveals that 1.9 acres are greater than 30% slope and the remaining 1.8 acres are less than 30% slope.
EDC = 1.9ac = .95 du
1 du/2 ac
1 du/2 ac
The equivalent impervious area of 0.9 du may be added to the remaining 1.8 acres, which already qualify for a ratio proportion (1 du/2ac) of 0.90 du or equivalent impervious area. Thus, property owner “B” qualifies for a total of 1.85 du or equivalent impervious are to be built upon the remaining 1.8 acres less than 30% slope. However, since a variance cannot be granted for greater than l du/ac, only a total of 1.80 du or equivalent impervious area can be built upon the remaining 1.8 acres less than 30% slope.
(4) If the application calls for the granting of a major variance, and if the Zoning Board of Adjustment 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:
- the variance application;
- the hearing notices;
- the evidence presented;
- motions, offers of proof, objections to evidence and rulings on them;
- proposed findings and exceptions; and
- the proposed decision, including all conditions proposed to be added to the permit.
The preliminary record shall be sent to the Environ-Management Commission for its review as follows:
(a) If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that 1) the property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted, and 2) the variance, if granted, will not result in a serious threat to the water supply, then the Commission shall approve the variance as proposed or approved the proposed variance with conditions and stipulations. The Commission shall prepare a Commission decision and send it to the Zoning Board of Adjustment. If the Commission approves the variance with conditions and stipulations, the Board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance.
(b) If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that 1) the property owner can secure a reasonable return from or make a practical use of the property without the variance, or 2) the variance, if granted, will result in a serious threat to the water supply, then the Commission shall deny approval of the variance as proposed. The Commission shall prepare a Commission decision and send it to the Zoning Board of Adjustment. The Board shall prepare a final decision denying the variance as proposed.
(Ord. of 9/14/93; as amended by Ord. of 5/10/94; as amended by Ord. of 6/24/21)