(A) Establishment of watershed areas. The purpose of this subchapter is to list and describe the watershed areas herein adopted. For purposes of this subchapter, the county is hereby divided into the following areas, as appropriate:
(1) WS-III-BW (Balance of Watershed);
(2) WS-IV-CA (Critical Area); and
(3) WS-IV-PA (Protected Area).
(B) Watershed areas described.
(1) WS-III Watershed Areas - Balance of Watershed (WS-III-BW). In order to maintain a low to moderate land use intensity pattern, single-family detached uses shall develop at a maximum of three dwelling units per acre. All other residential and nonresidential development shall be allowed a maximum of 24% built-upon area. In addition, nonresidential uses may occupy 10% of the watershed with a 70% built-upon area when approved as a special nonresidential intensity allocation (SNIA), as outlined in this chapter. Non-discharging landfills and sludge application sites are allowed.
(a) Uses allowed.
1. Agriculture, subject to the provisions of the Food Security Act of 1985, P.L. 99-198 and the Food, Agriculture, Conservation and Trade Act of 1990;
2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (02 NCAC 606.0101-.0209);
3. Residential development; and
4. Nonresidential development excluding discharging landfills.
(b) Density and built-upon limits.
1. Single-family residential development shall not exceed three dwelling units per acre on a project by project basis. No residential lot shall be less than one-half acre, except within an approved cluster development.
2. All other residential and nonresidential development shall not exceed 24% built-upon area on a project by project basis, except that up to 10% of the protected area may be developed for nonresidential uses to 70% 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.
(2) WS-IV Watershed Areas - Critical Area (WS-IV-CA). Only new development activities that require an erosion/sedimentation control plan under state law or approved local program are required to meet the provisions of this section when located in the WS-IV watershed. In order to address a moderate to high land use intensity pattern, single-family residential uses are allowed at a maximum of three dwelling units per acre. All other residential and nonresidential development shall be allowed at 24% built-upon area. New residual waste sites and landfills are specifically prohibited.
(a) Uses allowed.
1. Agriculture subject to the provisions of the Food Security Act of 1985, P.L. 99-198 and the Food, Agriculture, Conservation and Trade Act of 1990;
2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (02 NCAC 606.0101-.0209);
3. Residential; and
4. Nonresidential development, excluding:
a. Landfills; and
b. Sites for land application of sludge/residuals or petroleum contaminated soils.
(b) Density and built-upon limits.
1. Single-family residential development shall not exceed three dwelling units per acre on a project by project basis. No residential lot shall be less than one-half acre, except within an approved cluster development.
2. All other residential and nonresidential development shall not exceed 24% 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.
(3) WS-IV Watershed Area - Protected Area (WS-IV-PA). Only new development activities that require an erosion/sedimentation control plan under state law or approved local government program are required to meet the provisions of this section when located in a WS-IV Watershed. In order to address a moderate to high land use intensity pattern, single-family residential uses shall develop at a maximum of three dwelling units per acre. All other residential and nonresidential development shall be allowed at a maximum of 24% built-upon area.
(a) Uses allowed.
1. Agriculture, subject to the provisions of the Food Security Act of 1985, P.L. 99-198 and the Food, Agricultural, Conservation and Trade Act of 1990;
2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (02 NCAC 606.0101-.0209);
3. Residential development; and
4. Nonresidential development.
(b) Density and built-upon limits.
1. Single-family residential development shall not exceed three dwelling units per acre on a project by project basis. No residential lot shall be less than one-half acre except within an approved cluster development.
2. All other residential and nonresidential development shall not exceed 24% built-upon area on a project by project basis. For projects without a curb and gutter street system, development shall not exceed 36% built-upon area on a project by project basis.
3. Up to 10% of the protected area may be developed for nonresidential uses to 70% 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.
(C) Cluster development. Clustering of development is allowed in all watershed areas 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 in division (B) above;
(2) All built-upon areas shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow;
(3) The remainder of the tract shall remain in a vegetated or natural state. Title to the open space area shall be conveyed to:
(a) An incorporated homeowners association for management. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds;
(b) A local government for preservation as a park or open space; or
(c) A conservation organization for preservation in a permanent easement.
(D) Buffer areas required. Within the WS-IV-PA Watershed District, a minimum of a 100 foot stream buffer for development activities that exceed the low density standards as established in this section is required along all perennial waters indicated on the most recent versions of the USGS 1:24,000 (7.5 minute) scale topographic maps; otherwise a minimum of 30-foot stream buffer is required. Desirable artificial streambank or shoreline stabilization is permitted. No new development is allowed in the buffer except that water dependent structures, other structures such as flag poles, signs, and security lights which result in only diminutive increases in impervious areas, and public projects such as street crossings and greenways where no practical alternatives 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 (BMPs).
(E) Rules governing the interpretation of watershed area boundaries. Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed Map, the following rules shall apply:
(1) Where area boundaries are indicated as approximately following either street, alley, railroad, or highway lines or centerlines thereof, such lines shall be construed to be the boundaries;
(2) Where area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be the boundaries. However, a surveyed plat prepared by a professional state land surveyor may be submitted to the county as evidence that one or more properties along these boundaries do not lie within the watershed area. The Administrator shall determine such boundaries;
(3) Where the watershed area boundaries lie at a scaled distance more than 25 feet from any parallel lot line, the location of watershed area boundaries shall be determined by use of the scale appearing on the watershed map;
(4) Where the watershed area boundaries lie at a scaled distance of 25 feet or less from any parallel lot line, the location of watershed area boundaries shall be construed to be the lot line; and
(5) Where other uncertainty exists, the Watershed Administrator shall interpret the Watershed Map as to the location of such boundaries. This decision may be appealed to the county’s Board of Adjustment, acting as the Watershed Review Board.
(F) Application of regulations.
(1) No building or land shall hereafter be used, and no development shall take place, except in conformity with the regulations herein specified for the watershed area in which it is located.
(2) No area required for the purpose of complying with the provisions of this section shall be included in the area required for another building.
(3) If a use or class of use is not specifically indicated as being allowed in a watershed area, such use or class of use is prohibited.
(G) Existing development.
(1) 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 shall 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.
(2) Reconstruction of buildings or built-upon areas.
(3) Any existing building or built-upon area not in conformance with the restrictions of this section that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single-family residential development, provided:
(a) Repair or reconstruction is initiated within three months and completed within one year of such damage; and
(b) The total amount of space devoted to built-upon area may not be increased.
(Ord. passed 10-17-2011)