The purpose of this section is to provide a network of protected stream corridors thereby helping to maintain water quality, provide wildlife habitats, filter pollutants, store floodgates, and contribute to the “green infrastructure” of the Town of Franklin and lands within its jurisdiction. Stream systems are comprised of each stream and its respective drainage basin. Streams have the primary natural functions of conveying storm, ground, and surface waters, storing floodwaters, and supporting aquatic life. Vegetated lands adjacent to the stream channel serve to protect the stream’s ability to fulfill its natural functions. Surface water protection areas have the primary natural functions of protecting water quality by (1) filtering sediments and pollutants such as nitrogen, phosphorus, trace metals, and hydrocarbons, (2) providing intermittent storage for flood waters, (3) allowing channels to meander naturally, and (4) providing suitable habitat for wildlife.
(A) Applicability. This section shall apply to all surface waters (as defined by this chapter), and all nonencroachment areas and regulatory floodways (as delineated upon the most recently published Flood Boundary and Floodway Map (FBFM) and/or Flood Insurance Rate Map (FIRM), within the planning jurisdiction of the Town of Franklin.
(B) Relationship to previously approved development plans, structures, and uses. Uses and structures approved and constructed in a protection area prior to the enactment of this chapter may remain as nonconformities, subject to any legal requirements attributed to that status. All development plans, development projects, and uses permitted subsequent to the enactment of this chapter, including expansions to previously approved and constructed uses and structures, shall comply with the surface water protection requirements of this chapter.
(C) Surface water protection area delineation. Surface water protection area requirements apply to the regulatory floodway and non-encroachment areas, as well as lands within 30 feet from the top of each bank of a stream or other surface water body.
(1) For streams and other surface waters with defined channels, protection area widths are measured horizontally on a line perpendicular to the surface water, landward from the top of the bank on each side of the channel.
(2) “Top of bank” shall be determined by the Land Use Administrator by considering factors such as the break in slope for a watercourse and the presence of streamside vegetation.
(3) For wetlands, as defined in this chapter, protection area widths are measured horizontally, landward from the outermost point at which wetland conditions can be identified.
(4) For ponds, lakes, and other impounded surface waters, protection areas widths are measured horizontally, landward from the ordinary high water line. Protection areas requirements do not apply to wet ponds used as structural stormwater control and treatment measures for stormwater.
(5) For other surface waters, the protection area shall be determined by the Land Use Administrator in consideration of the purposes of this section.
(6) When a combination of floodway/non-encroachment area and/or surface water types exist, the most restrictive measurement of surface water protection area shall apply.
(D) Surface water protection area requirements. The following requirements shall apply to surface water protection areas as defined herein.
(1) Protection areas shall be left in a naturally vegetated state, unless reforestation of disturbed protection areas is required as part of any site plan approval. When reforestation of a disturbed protection area is required, it shall be done in accordance with a planting plan approved by the Land Use Administrator.
(2) Concentrated runoff from ditches or other manmade conveyances shall be diverted to diffuse flow before the runoff enters the protection area.
(3) Periodic corrective action to restore diffuse flow shall be taken by the property owner as necessary to avoid the formation of erosion gullies.
(4) Diffuse flow of runoff shall be maintained in the protection area by dispersing concentrated flow and reestablishing vegetation.
(5) Surface water protection areas shall be delineated upon any development plan and shall be noted as protection areas within which no disturbance or development shall be permitted.
(6) The following impacts are expressly forbidden in surface water protection areas (including floodways, non-encroachment areas) and associated water bodies:
(a) The placement of fill or the deposition of any natural or manmade material or substance.
(b) New development, substantial improvements, new construction, new impervious surfaces, the placement of structures or any other form of development or encroachment, except those associated with public utilities.
(c) Grading, excavation, the removal of vegetation, or any disturbance of any kind except excavation and fill required to plant any new trees or vegetation.
(d) The ditching, dredging, channelization, straightening, relocation, diking, levying, or any other alteration or modification of any kind, to surface waters, except dredging necessary to maintain pre-existing, human-made water impoundments such as ponds and lakes.
(e) The routing underground (by culvert or other means) of any surface water, except to facilitate crossings by approved roads, streets, driveways, greenways, sidewalks, and other transportation facilities.
(f) The impoundment of water bodies (this shall not prohibit the maintenance of existing ponds, lakes, and other impoundments).
(g) Any other type of encroachment, disturbance, or modification to floodways, nonencroachment areas, or other surface water protection areas or associated surface waters.
(7) The following protection area impacts are permitted provided that design and construction shall comply with applicable town standards for stabilization of disturbed areas to minimize negative effects on the quality of surface waters.
(a) Road crossings for connectivity or transportation links and required utilities including public and private streets, driveways, and bridges, where the town has granted site plan approval.
(b) Parallel water and sewer utility installation as approved by the town.
(c) Approved public or common area open space, paths and trails. Pathways should use existing and proposed utility alignments or previously cleared areas and minimize tree cutting to the maximum extent practicable. To the extent possible, pathways shall be “on-grade” and shall preserve existing drainage patterns and avoid drainage structures that concentrate stormwater.
(d) Incidental drainage improvements/repairs for maintenance provided that such maintenance does not result in channelization, straightening, or modification of the natural course of a stream channel or the deforestation of the regulatory floodway or protection areas.
(e) Mitigation approved by a local, state, or federal agency acting pursuant to Sections 401 or 404 of the Federal Clean Water Act.
(f) Stream bank or stream channel restoration or soil stabilization activities of the North Carolina Cooperative Extension Service, Macon County Soil and Water Conservation Service, USDA Natural Resources Conservation Service, Macon County, the Town of Franklin, the North Carolina Forest Service, or a cooperating organization or entity. This exception does not include the straightening or channelization any watercourse.
(g) The removal of invasive exotic plant and tree species or trees posing a hazard to life or property.
(8) Uses permitted in the protection area shall be coordinated to ensure minimal disturbance of the protection area system. For example, if it is necessary to install utilities within the protection area and if greenway trails are then to be built, they should follow these cleared areas instead of necessitating additional clearing.
(9) The approving authority may reduce the required setbacks by up to 20% of the required distance in order to facilitate compliance with this section. Additional setback deviations shall be considered as variances by the Board of Adjustment in accordance with the procedures set forth in this chapter.
(Ord. passed 10-1-07)