4.13. Swift Creek Conservation District.

   A.   Purpose and intent. The purpose of these regulations is to protect and preserve the water quality of the Swift Creek Watershed below Lake Benson while allowing the orderly development of land in this environmentally sensitive area. It has been determined by federal and state agencies that this watershed area provides significant wildlife, aquatic, or plant life habitats; that possess characteristics unique to the Town of Garner. It is the intent of these regulations to protect the water quality in this watershed by requiring limits on the amount of impervious surface areas permissible for new residential and non-residential development.

   B.   Swift Creek Conservation District Boundaries. The portion of the Swift Creek Watershed that is subject to these protection standards is located below Lake Benson in the Town of Garner's zoning jurisdiction generally bounded by Garner Road, N.C. 50, New Rand Road, White Oak Road and the southern Garner ETJ boundary. The exact boundaries are shown on the Official Town of Garner Zoning Map which constitute the official boundaries of the Swift Creek Conservation District where these provisions shall apply for purposes of this UDO.

   C.   Use regulations. The uses permitted or prohibited in the Swift Creek Conservation District shall be those uses permitted or prohibited in the underlying zoning district that apply to a particular parcel of land.

   D.   Exempt from regulations. All parcels of land that fall within the boundaries of the Swift Creek Conservation District which are identified on the Town of Garner Official Zoning Map as being exempt properties, shall not be subject to provisions of this overlay district.

   E.   Existing development , redevelopment, and expansions. Existing development (residential or non-residential) is not subject to the requirements of this section; existing development shall be considered to be any existing impervious surfaces , or for which plan or permit approval has been officially granted; or where a vested right has been established, as of May 31, 2005. Redevelopment or expansion of any existing non-residential development shall be subject to the requirements of this section; however, the impervious surface coverage of the existing development is not required to be included when applying the impervious surface coverage limits of this section.

   F.   Development standards. The following standards shall apply for new residential and non-residential development in Swift Creek Conservation District.

      1.   The standards of both the Swift Creek Conservation District and the underlying zoning district shall apply to each parcel. Where the standards of the overlay district and the underlying district differ, the more restrictive standards shall control development in new projects created after effective date of the Swift Creek Conservation District which is May 31, 2005.

      2.   The maximum impervious surface coverage of the new residential developmentprojects and new non-residential developmentprojects , which are defined as those projects approved or permitted after the above noted effective date of the Swift Creek Conservation District are as follows:

         a.   New single family detached residential subdivisiondevelopmentprojects shall be limited to a maximum of 30 percent total impervious surface area.

         b.   New multi-family residential developmentprojects defined to include townhomes , condominiums , or apartments, shall be limited to a maximum of 50 percent total impervious surface area.

         c.   New non-residential developmentprojects shall be limited to a maximum of 70 percent of total of impervious surface area.

(Ord., 3-16-21)