§ 159.302  IMPERVIOUS SURFACE REQUIREMENTS.
   (A)   Setback requirement. 
      (1)   All impervious surfaces, except for roads, paths, and water dependent structures, shall be located at least 35 feet landward of all perennial and intermittent surface waters. Development approved in conjunction with a conditional zoning district or special use permit shall have an impervious surface setback of 50 feet landward of all perennial or intermittent surface waters.
      (2)   A perennial or intermittent surface water shall be deemed present if the feature is shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent complete version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site-specific determination made using Division-approved methodology.
      (B)   No new impervious or partially pervious surface in floodplain.  For development activities, no new impervious or partially pervious surfaces, except for road crossings (public and private), paths, and water dependent structures, where no practical alternative exists shall be allowed within the floodplain.
      (C)   Development in critical area of water supply watersheds.  All development activities that are located within the area designated by the Environmental Management Commission as a Critical Area of a Water Supply Watershed shall be limited to a maximum impervious surface density of 36%.
(Ord. O-2007-24, passed 9-18-07)