§ 152.26 WATERSHED AREA DESCRIBED.
   (A)   WS-III Watershed Areas - Critical Area (WS-III-CA)
      (1)   Allowed Uses:
         (a)   Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990 and the rules and regulations of the Soil and Water Conservation Commission.
         (b)   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.6101-.0209).
         (c)   Residential.
         (d)   Non-residential development, excluding:
            1.   The storage of toxic and hazardous materials unless a spill containment plan is implemented;
            2.   Landfills; and
            3.   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.
      (2)   Density and Built-Upon Limits.
         (a)   Single Family Residential. Development shall not exceed one dwelling unit per one acre (40,000 square feet excluding roadway right-of-way)
         (b)   All Other Residential and Non-Residential. Development shall not exceed 12% built-upon area on a project by project basis. For the purpose of calculating built-upon area, the total amount of impervious surface in the tract on which the project is to be developed shall be included.
   B)   WS-III Watershed Areas - Balance of Watershed (WS-III-BW)
      (1)    Allowed Uses:
         (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 discharging landfills and the storage of toxic and hazardous materials.
         (e)   Non-discharging landfills and storage application sites.
      (2)   Density and Built-Upon Limits:
         (a)   Single Family Residential development shall not exceed one dwelling unit per acre, as defined on a project by project basis. No residential lot shall be less than one acre (or 40,000 square feet excluding roadway right-of-way).
         (b)   All Other Residential and Non-Residential development shall not exceed 24% built- upon area on a project by project basis except that up to 10% of the balance of the watershed may be developed for nonresidential uses to 70% built upon area when approved as a special nonresidential intensity allocation (SNIA). The Watershed Administrator is authorized to approve SNIAs consistent with the provisions of this chapter. The 70% built-upon option will be allocated on a project by project basis until the 10% balance is fulfilled. Projects must 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, the total amount of impervious surface in the tract on which the project is to be developed shall be included. (Amended on December 12, 1995)
   (C)   WS-IV Watershed Areas - Critical Area (WS-IV-CA).
      (1)   Allowed Uses:
         (a)   Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990 and the rules and regulations of the Soil and Water Conservation Commission.
         (b)   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.6101-.0209).
         (c)   Residential.
         (d)   Non-residential development, excluding: 1) the storage of toxic and hazardous materials; 2) landfills; and 3) sites for land application of sludge/residuals or petroleum contaminated soils.
      (2)   Density and Built-Upon Limits:
         (a)   Single Family Residential development shall not exceed one dwelling unit per acre on a project by project basis. No residential lot shall be less than one acre (or 40,000 square feet excluding roadway right-of-way).
         (b)   All Other Residential and Non-Residential-development shall not exceed twenty-four percent (24%) built-upon area on a project by project basis. For the purpose of calculating the built upon area, the total amount of impervious surface in the tract on which the project is to be developed shall be included.
   (D)   WS-IV Watershed Areas - Balance of Watershed (WS-IV-BW).
      (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.
      (2)   Density and Built-Upon Limits:
         (a)   Single Family Residential. development shall not exceed one dwelling unit per acre, as defined on a project by project basis. No residential lot shall be less than one acre (or 40,000 square feet excluding roadway right-of-way).
         (b)   All Other Residential and Non-Residential. Development shall not exceed 24% built upon area on a project by project basis except that up to 10% of the balance of the watershed may be developed for nonresidential uses to 70% built upon area when approved as a special nonresidential intensity allocation (SNIA). The Watershed Administrator is authorized to approve SNIAs consistent with the provisions of this chapter. The 70% built upon option will be allocated on a project by project basis until the 10% balance is fulfilled. Projects must 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, the total amount of impervious surface in the tract on which the project is to be developed shall be included.
(Ord., passed 12-14-93) Penalty, see § 152.99