(a) Authority. The state general assembly has, in G.S. 143-214.5 and G.S. ch. 160D, delegated the responsibility and authority to local governmental units to establish water supply watershed protection programs, to regulate land use and development within water supply watersheds and to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
(b) Intent. The water supply watershed protection district (WSW) is to provide, in designated watershed areas, a higher level of control from activities and situations that could degrade the quality of the water entering the Neuse River, as identified in the watershed protection management plan.
(c) Applicability. The provisions of this chapter shall apply within the area designated as a public water supply watershed protection district as defined and established on the map entitled, "Water Supply Watershed Protection District of Johnston County, North Carolina" on the official zoning atlas of the county. Land use and development within this district must comply with all the requirements of this chapter and the underlying zoning district.
(d) Exceptions to applicability. The watershed protection requirements of this section shall not apply to development established prior to January 3, 1994, the date of adoption by the Johnston County Board of Commissioners, except as provided in subsection (g) of this section. Furthermore, these requirements shall not apply to a single-family detached dwelling unit or an accessory dwelling unit already developed on a lot.
(e) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Best management practices means a structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.
Buffer means an area of natural or planted vegetation through which stormwater runoff flows in a diffused manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured from the top of the bank of each side of streams or rivers.
Built-upon area includes that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities (e.g., tennis courts), etc. (Note: Wooden slated decks are considered pervious.)
Critical area means the area that drains one-half mile to a water supply, as measured from the normal pool elevation of reservoirs, or the area that drains one-half mile to a river intake.
Development means any land-disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
Discharging landfill means a landfill which discharges treated leachate and which requires a National Pollution Discharge Elimination System (NPDES) permit.
Industrial development means any nonresidential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing a product or commodity.
Major variance means a variance from the minimum statewide watershed protection rules that results in any one of the following:
(1) The relaxation, by a factor of ten percent or greater, of any management requirement under the low-density option;
(2) Any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system.
Minor variance means the relaxation, by a factor of up to ten percent, of any management requirement under the low-density option.
Protected area means the area adjoining and upstream of the critical area in which protection measures are required. The boundaries of the protected area are defined as extending ten miles upstream and draining to water supply or to the ridge line of the watershed whichever comes first.
(f) Permits.
(1) Watershed protection permit.
a. Except where provided for elsewhere in this article, no building or built-upon area shall be erected, moved, enlarged or structurally altered, nor shall any building permit be issued nor shall any change in the use of any building or land be made until a watershed protection permit has been issued. No watershed protection permit shall be issued except in conformity with the provisions of this chapter. This permit shall be filed with the county planning department and shall expire at the end of 12 months if not used.
b. Watershed protection permit applications shall be filed with the county planning department. The application shall include a completed application form and supporting documentation deemed necessary by the department.
(2) Building permit required. Except where provided elsewhere in this article, no building permit required under the state building code shall be issued for any activity for which a watershed permit is required until such permit has been issued.
(3) Watershed occupancy permit.
a. Prior to the occupancy or use of a building erected, altered or moved and/or prior to the change of use of any building or land, the building inspections department shall issue a watershed protection occupancy permit certifying that all requirements of this article have been met.
b. If the watershed protection occupancy permit is denied, the planning director shall notify the applicant in writing stating the reasons for denial.
(g) Existing development; nonconformities. Any existing development, as defined in this article, may be continued and maintained subject to the provisions provided in this article. Expansions to structures classified as existing development prior to January 1, 1994, must meet the requirements of this article; however, the built-upon area of the existing development is not required to be included in the density calculations.
(h) Vacant lots. This category consists of vacant lots for which plats or deeds have been recorded in the office of the register of deeds of the county. Lots may be used for any of the uses allowed in the watershed area in which it is located, provided they can meet the minimum lot size requirements of this article, or have been approved prior to the adoption of this article.
(i) Occupied lots. This category consists of lots occupied for residential purposes at the time of the adoption of the ordinance from which this article is derived. These lots may continue to be used provided that whenever two or more adjoining lots of record, one of which is occupied, are in single ownership at any time after the adoption of the ordinance from which this article is derived, and such lots individually or together have less area than the minimum requirements for residential purposes specified in this chapter, such lots shall be combined to create lots which meet the minimum size requirements or which minimize the degree of nonconformity.
(j) Industrial use of land. This category consists of existing industrial uses and/or the storage of hazardous or toxic materials where a spill containment plan is not implemented and where such use of the land is not permitted to be established in the watershed area. Such existing uses may be continued except as provided for in subsection (k)(2) of this section.
(k) Permitted uses.
(1) The following uses are permitted as a principal use in the watershed protection district provided such uses are also permitted in the underlying zoning district and providing that the requirements stated in this section and this article.
a. Critical area.
1. Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.
2. Silviculture, using BMPs required to implement the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC II.6101.0209).
3. Residential development (one dwelling unit per acre, 40,000 square feet minimum lot size).
4. Nonresidential development, excluding landfills and sites for land application of residuals or petroleum contaminated soils or septage, mining and quarrying activities and the storage of toxic and hazardous materials unless a spill containment plan is implemented.
b. Protected area.
1. Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.
2. Silviculture, using BMPs required to implement the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC II.6101.0209).
3. Residential development (one dwelling unit per acre, 40,000 square feet minimum lot size).
4. Nonresidential development.
(2) No activity, situation, structure or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety and welfare. Such conditions may arise from inadequate on-site sewer systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the absence or improper implementation of a spill containment plan for toxic and hazardous materials; the improper management of stormwater runoff; or any situation found to pose a threat to water quality.
(l) Minimum land area. The minimum land area for a single-family dwelling located in the water supply watershed protection district shall be:
(1) For lots located in an AR district, or in a planned unit development, if connected to the county water and sewer system, two units per acre maximum; and
(2) For lots with individual wells and/or septic tanks, one unit per acre.
(m) Built-upon area.
(1) Critical area. The maximum area to be built upon for all residential development not listed in subsection (l) of this section and nonresidential development shall be allowed a maximum of 24 percent built-upon.
(2) Protected area. The maximum area to be built upon for all residential development not listed in subsection (l) of this section and nonresidential development shall be allowed a maximum of 24 percent built-upon area with a curb and gutter roadway system, or a maximum of 36 percent built-upon area without a curb and gutter roadway system or when utilizing the 10/70 provision up to 70 percent built-upon area with a county approved best management practice.
(3) Conflicts. Where built-upon area limits specified in this section conflict with the Johnston County Stormwater Ordinance, the most stringent limit shall apply.
(n) Landscaped buffer area required.
(1) Vegetative buffer. A minimum 50-foot vegetative buffer for development activities is required along all perennial and intermittent streams, as indicated on the most recent versions of USGS 1:24,000 (7.5 minute) quadrangle topography maps. New development utilizing the 10/70 option shall require a 100-foot vegetative buffer along all perennial streams, otherwise, a 50-foot-wide vegetative buffer shall be maintained along both sides of all perennial and intermittent streams, rivers or other water bodies as required by the Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Riparian Buffers, Section 3(a-b). The buffer shall be measured from the top of the bank of such streams.
Determinations of exemption (as noted in 15A NCAC 2B.0233 Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Riparian Buffers, Section 3 (a-b): shall be made by NCDENR Division of Water Quality.
(2) No development in buffer; exceptions. No new development shall be allowed in the required vegetative buffer except for water dependent structures and other structures such as flag poles, signs and security lights which result in only diminutive increases in impervious area, and public works projects such as road crossings and greenways where no practical alternative exists. These activities should:
a. Minimize built-upon surface area;
b. Direct runoff away from the surface waters; and
c. Maximize the utilization of best management practices for stormwater control and management.
(o) Establishment of the watershed review board. The Johnston County Board of Adjustment shall serve as the watershed review board.
(p) Variance. A petition to the board of adjustment, requesting a variance from the standards of the water supply watershed protection district shall comply with the procedures and standards of the development regulations, with the following exceptions:
(1) Major and minor variances are differentiated by definition as follows:
a. Minor variances shall include petitions for the reduction of any standard of the overlay district by a factor of less than ten percent, except residential density or built-upon regulations.
b. Major variances shall include petitions for the reduction of any standard of the overlay district by a factor of more than ten percent; and petitions to increase residential density or built-upon regulations.
c. The watershed administrator shall provide a description of each project receiving a variance and the reasons for granting the variance shall be submitted for each calendar year to the NCDENR Division of Water Quality on or before January 1 of the following year.
(2) Major variances shall comply with the procedures and standards of the zoning regulations except that:
a. A decision by the board of adjustment to deny a major variance may be appealed to the superior court by an aggrieved party. Such appeal shall be in the nature of certiorari and must be filled within 30 days from the filing of the decision in the office of the planning department or the delivery of the notice required in section 14-254, whichever is greater.
b. A decision by the board of adjustment to approve a major variance shall be advisory only. The watershed administrator shall within 30 days of the board's decision, forward a record of the board of adjustment hearing, findings, and conclusions to the state environmental management commission for final decision. The preliminary record of the hearing shall include:
1. The variance application;
2. The hearing notices;
3. The evidence presented;
4. Motions, offers of proof, objections to evidence, and rulings on them;
5. Proposed findings and expectations;
6. The proposed decision, including all conditions proposed to be added to the permit.
(3) The board of adjustment may advise approval of a major variance petition upon satisfying the finding that significant community economic or social benefit would be derived from the granting of the variance.
(Ord. of 7-10-2000, § 4.5.4; Ord. of 12-109-2001; Ord. of 1-13-2004; Amend. of 01-04-2010(2); Amend. of 8-3-2020; Amend. of - - )