6.03.1 PURPOSE AND INTENT OF WATERSHED PROTECTION OVERLAY DISTRICTS
Pursuant to requirements of G.S. § 143-214.5, two Watershed Protection Overlay Districts, as described in Article II, have been established for lands within the watersheds of existing drinking water rivers. These districts overlay other zoning districts established in Article II and delineated on the Official Zoning Map.
A. Purpose
The purpose of the Watershed Protection Overlay Districts is to prevent significant future water quality deterioration in existing or potential future drinking water reservoirs and rivers that receive stormwater runoff from land within the town. Protection of all water supplies within the state, in accordance with minimum standards, was mandated by the Water Supply Watershed Protection Act passed by the General Assembly in 1989. The quality of water in drinking water reservoirs and rivers can be affected by human activities including farming, obstruction of highways and roads, subdivision development, industrial development and other land disturbing activities. Types of water pollutants resulting from these activities include sediment, bacterial contamination, heavy metals, synthetic organic compounds and low-level radioactivity.
B. Intent
The intent of the Watershed Protection Overlay Districts is to apply a set of regulations involving land use and, in some cases, SCMs, that protect the watersheds by reducing the pollution from future development that enters the drinking water supplies. Land use management practices involve minimum lot sizes, maximum allowed density and built-upon area restrictions, since built-upon areas such as roads, rooftops and driveways are a major source of pollution. SCMs allow for more intensive land uses by providing for temporary detention of stormwater runoff so that pollutants may settle.
6.03.2 ESTABLISHMENT OF WATERSHED PROTECTION OVERLAY DISTRICTS
A. Names of Districts
Two Watershed Protection Overlay Districts are hereby established in the town portion of watersheds that have been classified as WS-IV watersheds by the NC Environmental Management Commission:
1. Cape Fear River Water Supply Watershed – Critical Area (WS-IV-CA); and
2. Cape Fear River Water Supply Watershed – Protected Area (WS-IV-PA).
B. Overlay With Other Zoning Districts
The Watershed Protection Overlay Districts as hereby established overlay other zoning districts established in this chapter. The new use of any land or new structure within any Watershed Protection Overlay District shall comply with the use regulations applicable to the underlying zoning district as well as the requirements of the applicable Watershed Protection Overlay District.
C. Differences Between Watershed and Zoning Districts
Wherever standards of the underlying zoning district differ from the watershed overlay standards, the more restrictive provisions shall apply.
6.03.3 USES IN WATERSHED PROTECTION OVERLAY DISTRICTS
A. Allowed Uses
The following uses are allowed within Watershed Protection Overlay Districts:
1. Agriculture subject to the provisions of the Food Security Act of 1985 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 (15 NCAC II.6101-.0209); and
3. Residential and nonresidential development that is conducted in compliance with the provisions of Section 6.02.
B. Disallowed Uses
The following uses are disallowed within Watershed Protection Overlay Districts:
1. Landfills within Cape Fear River Water Supply Watershed – Critical Area (WS-IV-CA);
2. Sites for land application of sludge/residuals or petroleum contaminated soils within Cape Fear River Water Supply Watershed – Critical Area (WS-IV-CA); and
3. Any or class of use is not specifically indicated as being allowed in Section 6.03.3.A.
(Ord. passed 2-14-2017; Ord. 2022-13, passed 10-12-2021; Ord. FY2023-27, passed 5-9-2023)