A. Purpose and intent. The finds that Lake Benson, as a water supply for the Raleigh water service area, which includes Garner, is sensitive to and quickly impacted by pollutants set into the system by . Protection of the lake from non-point pollution sources is the intent of the provisions of this section.
B. Lake Benson Conservation District Boundary. That portion of the which was made subject to protection regulations known as the Lake Benson Conservation District effective March 1, 1987, as shown on maps previously adopted and reflecting approximately that area within 2,000 feet of the northern shore line of Lake Benson, shall constitute the Lake Benson Conservation District for purposes of this UDO. The boundary is shown on the official zoning map maintained in both the Planning and Engineering Departments of the Town.
C. Exemptions. All platted prior to March 1984 are exempt from the requirements of this Lake Benson Conservation District Overlay.
D. Limitations on in Lake Benson Conservation District.
1. Permitted . Within the Lake Benson Conservation District only the following are permitted:
a. Agriculture;
b. Residential (meaning only the following
as listed in Article 3;
∙ Single-family residences; other than
parks or
;
∙ Duplex and triplex;
∙
;
∙
and
;
c. Churches;
d. Cemeteries;
e. Public parks including ancillary concessions;
f.
;
g. Indoor and outdoor recreation;
h.
;
i. Planned Residential
;
j. Zero-
-line
;
k. Necessary municipally owned and operated utilities; and
l. Individual residential wastewater holding tanks (sump pumps) and conventional septic tanks, subject to the other provisions; and
m. Telecommunication facility.
2. Density.
a. Within the Lake Benson Conservation District, density shall not exceed two and one-half residential units per acre where the
is served by municipal water and sewer.
b. Within the Lake Benson Conservation District, density shall not exceed one-half unit per acre where there is no municipal water and sewer.
E. Master plan required. A master plan detailing the distribution of units and improvements across the total , shall be presented as part of application for land permits. Where possible, shall use innovative site planning techniques to keep units away from the lakefront, , and other sensitive areas. Such techniques include but are not limited to patterns, mixtures of zoning categories, strategic location of densities so that larger and less densely developed are closer to the lakefront and creative of greenways and open space.
F. Performance standards. The Lake Benson Conservation District performance standards are set forth in Article 7.
G. limits.
1. Within the Lake Benson Conservation District, in order to reduce
pollution through natural infiltration on undisturbed vegetated land, the
area may not exceed six percent regardless of
size or density, except where the
runoff from a one-inch rainfall event is retained by retention ponds or other approved devices.
2.
area within the Lake Benson Conservation District may be a maximum of 35 percent under the
option where the
runoff from a one-inch rainfall event is retained by retention ponds or other approved devices.
3.
retention may be accomplished by paying a fee-in-lieu of pond
if the proposed
is within the Regional Retention Pond Service District and meets the requirements of the table in Article 7.
4. The calculation of the
ratio contained in
or other
required to apply for major
approval,
shall include impervious areas from all newly proposed collector and sub-collector
, parking
and tennis courts as well as
,
, patios, decks and other
.
5. The calculation of
ratios shall not include roads that were publicly maintained prior to March 1984.
6. The calculation of
ratios may be based on the land area of the
and any common areas, rights-of-way and easements dedicated pursuant to the
of the tract.
7. Where the
is developed in phases, with separately recorded survey
, the area to which the calculation is applied shall consist of that area within the recorded
. Such phases shall be based upon natural or proposed drainage where practicable. The designation of a phase shall have as its objective the principle of not overloading one drainage way with run-off from high
ratios while under utilizing the capacity of other drainage ways. Approval of the Town Engineer is required for designation of each phase used in this calculation to ensure that the loading of drainage ways is balanced.
H. Standards for drainage system. Standard 90-degree curb and gutter is not allowed in the Lake Benson Conservation District. with properly maintained grass swales or roll type curb and gutter may be allowed in the Lake Benson Conservation District as an option by the Town Council if it concludes that regardless of design used, surface run-off is diverted to permanent retention ponds constructed in accordance with the requirements of this UDO and the proposed design protects the water quality of Lake Benson.
(Ord. No. 3558, § 2, 7-7-09; Ord., 3-16-21; Ord. No. 5048, § 1, 7-6-21)