§ 153.21 SANDY CREEK AND ROCK RIVER; BALANCE OF WATERSHED.
   (A)   In order to maintain a low to moderate land use intensity pattern, single-family detached uses shall develop at a maximum of 2 dwelling units per acre. However, in the absence of public sewer, all waste treatment must be permitted by the County Health Department, in which case the minimum lot size is 40,000 square feet.
   (B)   All other residential and nonresidential development shall be allowed a maximum of 24% built-upon area. In addition, non-single family residential uses may occupy 10% of each watershed with a 70% built-upon area when approved as a 10/70 option development.
   (C)   The Town Council is authorized to consider a special use permit for SNIAs consistent with the provisions of §§ 154.190 through 154.239.
   (D)   Projects must minimize built-upon surface area, direct storm water away from surface waters and incorporate best management practices to minimize water quality impacts.
   (E)   Non-discharge landfills and sludge application sites are allowed, provided they are permitted uses in the underlying zoning districts.
      (1)   Permitted uses:
         (a)   All uses permitted in the underlying zoning districts where the watershed is located subject to the modifications below, unless specifically prohibited in division (E)(2) below;
         (b)   Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990; and
         (c)   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.6101-0209).
      (2)   Prohibited uses:
         (a)   Discharging landfills;
         (b)   New chemical storage tanks unless a spill containment plan for spill containment shall be designed and certified by a professional engineer. Prior to the issuance of a certificate of occupancy, a professional engineer shall provide certification that the spill containment was built according to the plan. The continued maintenance of all spill containment measures shall be the responsibility of the property owner; and
         (c)   Storage of toxic and hazardous materials unless plans for spill containment shall be designed and certified by a professional engineer. Prior to the issuance of a certificate of occupancy, a professional engineer shall provide certification that the spill containment was built according to the plans. The continued maintenance of all spill containment measures shall be the responsibility of the property owner.
      (3)   Density and built-upon limits:
         (a)   Single-family residential. Development shall not exceed 2 dwelling units per acre, as defined on a project by project basis. No residential lot shall be less than 1/2 acre, except within an approved cluster development. In the absence of public sewer, however, all waste treatment must be permitted by the County Health Department, in which case the minimum lot size is 40,000 square feet; and
         (b)   All other residential and non-residential. Development shall not exceed 24% built-upon area on a project by project basis except that up to 10% of the balance of the watershed may be developed for non-residential 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.
(Ord. passed - -; Am. Ord. passed 8-25-2008; Am. Ord. passed 3-23-2009; Am. Ord. passed 8-8-2023)