Sec. 14-103. - Environmentally sensitive area district (ES).
   (a)   Purpose and intent. The environmentally sensitive area district (ES) is established as a district that overlays areas deemed environmentally sensitive. Development within this overlay district shall comply with the regulations of the underlying zoning district, provisions of this section and any other applicable sections of this article.
   (b)   Definitions: 
   (1)   Intermittent stream. A natural drainage way, which shows up as a blue line on the USGA 7.5 minute quadrangle maps and has a contributing drainage area of 300 acres or more shall be considered an intermittent stream for purposes of this ordinance.
   (2)   Perennial stream. Perennial streams are streams that have essentially continuous flows. Perennial streams in the environmentally sensitive area are specifically designated to be Swift Creek, White Oak Creek, Little Creek (from the U.S. 70 Clayton bypass to Swift Creek), and the Little River (from the county line to NC 39).
   (c)   Delineation of. 
   (1)   Perennial stream buffers. Perennial stream buffers shall be measured from the top of the channel bank and extend landward a minimum distance of 100 feet measured horizontally on a line perpendicular to the water body, subject to the following conditions:
      a.   The buffer shall be undisturbed and remain forested if currently forested.
      b.   If the existing buffer is not forested, it shall be maintained in a natural state and allowed to revegetate.
      c.   There shall be no fill allowed within the buffer area.
   (2)   Intermittent stream buffers. Intermittent stream buffers shall have two zones as described below:
      a.   Zone 1 shall be an undisturbed area extending from the channel bank landward a minimum of 30 feet measured horizontally on a line perpendicular to the water body.
      b.   Zone 2 shall be a vegetative buffer extending from the outer edge of zone 1 landward a minimum of 20 feet measured horizontally on a line perpendicular to zone 1.
   (3)   Maintenance of buffers. Zone 1 and zone 2 shall be maintained by the landowner or homeowners' association to maintain stormwater sheet flow to the maximum extent practical to provide for diffusion and infiltration of stormwater runoff and filtering of pollutants into the affected stream, consistent with maintenance criteria as set out in the county design manual.
   (4)   Exemptions. The following are exempt from the stream buffer requirements of this section:
      a.   Areas that are mapped on the USGS quadrangle map that do not exist on the ground.
      b.   Ponds and lakes created for animal watering, irrigation of farm lands, or other agricultural uses that are not part of a natural drainageway.
      c.   Where application of the requirements of this section would prevent all prospective use of a lot platted and recorded prior to May 26, 1998.
      d.   Water dependent structures that are designed, constructed, and maintained to provide the maximum nutrient removal, have the least adverse affects on aquatic habitats and that protect water quality.
      e.   Roads, bridges, stormwater management facilities, ponds, and utilities where no other practical alternative exists. These structures shall be so located, designed, constructed, and maintained to have minimal disturbance, provide maximum nutrient removal, provide the least adverse effects on aquatic habitats and protect water quality to the maximum extent possible.
      f.   Ditches and manmade conveyances other than modified natural streams.
   (5)   Flood hazard areas. There shall be no development allowed within the areas of special flood hazard as defined in the county flood damage prevention ordinance, which shall be defined as residential and nonresidential structures, including improvements or additions to such structures. However, specifically allowed improvements include public utility structures, buried utilities, roadways and accessways, and recreational facilities as long as no structures are involved.
   (d)   Density regulations.
   (1)   Residential development is permitted at an overall density of one dwelling unit per acre (40,000 square feet minimum lot size) of gross land area.
(Ord. of 7-10-2000, § 4.5.2; Ord. of 11-13-2000, § 4.5.2.2; Amend. of 3-7-2005; Amend. of 8-3-2020)
   Cross reference—Environment, Ch. 12.