(A) General. The following general provisions apply to all Watershed Overlay Districts. These provisions and the provisions contained in the individual Watershed Overlay Districts are designed to protect the water quality of the water supply watersheds that lie within the jurisdiction of this ordinance and to implement the rules adopted by the North Carolina Environmental Management Commission for the classified watershed pursuant to G.S. § 143-214.5.
(1) The construction of new roads and bridges and non-residential development should minimize built-upon area, divert storm water away from surface water supply waters as much as possible and employ best management practices (BMPs) to minimize water quality impacts. To the extent practicable, the construction of new roads in the critical area should be avoided. The Department of Transportation BMPs are outlined in its document entitled, Best Management Practices for the Protection of Surface Waters, shall be used in all road and bridge construction projects in the Watershed Overlay Districts.
(2) All development activities within Watershed Overlay Districts, in addition to those activities specifically regulated by these provisions, are subject to the standards, usage conditions and other regulations contained in the Rules and Requirements of the Surface Water Supply Protection Rules, adopted by the North Carolina Environmental Management Commission.
(3) A minimum 30-foot vegetative buffer for development activities is required along all perennial waters, including stream, rivers and impoundments, indicated on the most recent versions of the United States Geodetic Survey (USGS) 1:24,000 scale topographic maps. Nothing in this division (A)(3) shall prevent artificial stream bank or shoreline stabilization. No new development is allowed in the buffer; except that, water dependent structures, or other structures such as flagpoles, signs and security lights, which result in only diminutive increases in impervious area and public works projects such as road crossings and greenways may be allowed where no practicable alternative exists. These activities shall minimize built-upon surface area, direct runoff away from the surface water and maximize the utilization of BMPs. Existing single-family residential development, single-family residential on pre-existing lots and development that does not require a sedimentation control permit are not required to provide the buffer.
(4) Where otherwise permitted in the underlying primary zoning district, cluster development is allowed on a project-by-project basis as follows:
(a) The overall density of the project meets the density requirement of this ordinance;
(b) The appropriate vegetative buffer in division (A)(3) above is provided;
(c) Built-upon areas are designed and located to minimize storm water runoff impact to the receiving waters, minimize concentrated storm water flow and maximize the flow length through vegetative areas;
(d) Areas of concentrated development are located in upland areas and away, to the maximum extent practicable, from surface waters and drainage ways;
(e) Remainder of tract to remain in vegetated or natural state;
(f) The area in the vegetated or natural state may be conveyed to a property owners association; a local government for preservation as a park or greenway; a conservation organization; or placed in a permanent conservation or farmland preservation easement. A maintenance agreement shall be filed with the property deeds; and
(g) Cluster development shall transport storm water runoff from the development by vegetated conveyances to the maximum extent practicable.
(5) All development in Watershed Overlay Districts shall, to the maximum extent practicable, minimize built-upon surface area, direct storm water runoff away from surface waters and incorporate best management practices (BMPs) to minimize water quality impacts.
(6) Existing development, as defined in this ordinance, is not subject to the requirement of the overlay provisions. Expansions to structures classified as existing development must meet the requirements of these provisions; provided, however, the built-upon area of the existing development is not required to be included in the density calculations. In determining expansions to existing development, the maximum permitted additional built-upon area is derived by multiplying the area of the portion of the property that is not built-upon by the appropriate percent built-upon limitation for the Overlay District in which the property is located.
(7) A pre-existing lot created prior to the effective date of this ordinance, regardless of whether or not a vested right has been established, may be developed or redeveloped for single-family residential purposes without being subject to the restrictions of these overlay provisions.
(8) Any existing building or built-upon area not in conformance with the limitations of these provisions that has been damaged or removed for any reason may be repaired and/or reconstructed; provided:
(a) Repair or reconstruction is initiated within 12 months and completed within two years of such damage or removal;
(b) The total amount of space devoted to built-upon area may not be increased; and
(c) The repair or reconstruction is otherwise permitted under the provisions of this ordinance.
(9) No activity, situation, structure or land use shall be permitted or allowed to operate within a watershed which poses a threat to water quality and the public health, safety and welfare. Such conditions may arise from inadequate on-site sewage systems which utilize ground water 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 storm water runoff; or any other situation found to pose a threat to water quality.
(10) The Zoning Enforcement Officer may require such information on subdivision, zoning compliance permit and development plan applications, including the density/built-upon area calculations, as he may deem necessary to determine compliance with Watershed Overlay District provisions. Preliminary and final subdivision plat approval and other such plan approvals may be required to note density/built-upon limitations on the plat. For example, plats may be required to show such information as total area of the development, the amount and percent of impervious area in streets and sidewalks, the amount and percent of impervious area in other public improvements and the amount and percent of impervious area that is allocated to the various lots for future development. Such information shall be displayed in such a manner that the Zoning Enforcement Officer can readily determine compliance with these provisions on a project-by-project basis.
(11) Development that does not require a sedimentation control permit is exempt from the density/built-upon limitations contained herein. The Zoning Enforcement Officer may, prior to the issuance of any permit in a Watershed Overlay District, require evidence of a valid sedimentation control permit issued by Gaston County Quality of Natural Resources Commission (QNRC) or evidence satisfactory to the officer that no permit is required.
(12) The City Council and/or the Board of Adjustment may, in carrying out its plan review authority under this Zoning Ordinance and/or its subdivision review authority under the Subdivision Ordinance, adjust the boundary of a Watershed Critical Area Overlay District to fit existing or proposed streets, lot lines or other features; provided that, such adjustments are agreed to by the property owner(s) involved and provided that any such adjustment is made with no loss of total lot area in the affected Watershed Critical Area Overlay District.
(13) The Zoning Enforcement Officer shall maintain records of the administration of the Watershed Overlay District regulations and shall submit any modifications of the regulations and/or map to the Division of Environmental Management, Division of Environmental Health and Division of Community Assistance. The Zoning Enforcement Officer shall also maintain a record of variances and the reason for the variance to the Division of Environmental Management. The annual report shall contain a record of each variance granted by the Board of Adjustment during the previous calendar year and shall be submitted on or before January 1 of the following year.
(14) Any land designated by the Army Corp of Engineers as a wetland, shall be required to have a minimum 15-foot natural vegetative buffer located adjacent to it. The buffer area shall be along all possible sides of the wetland area. Also, the subdivision plat shall be required to show the Wetlands, as identified by the Army Corp of Engineers, together with the 15-foot buffer as required by this division (A)(14). Signage depicting the wetland and buffer area shall be installed by the developer to notify the public of such. Signage must be approved by the Planning Director and does not require a zoning compliance permit.
(B) LWWS-CA, Lake Wylie Watershed Critical Overlay District.
(1) General development standards.
(a) No new sites for land application of residual or petroleum contaminated soils are allowed.
(b) No new landfills are allowed.
(2) Density/built-upon limitations; low density.
(a) Residential development activities which require a sedimentation control permit shall not exceed one dwelling unit per 20,000 square feet or optionally, 24% built-upon area, on a project-by-project basis.
(b) Non-residential development activities which require a sedimentation control permit shall not exceed 24% built-upon area, on a project-by-project basis.
(3) Density built-upon limitations; high density. The high density option allows for a greater development density, which equates to 24% to 50% impervious surface; provided, engineered controls (structural BMPs) are used to manage storm water runoff. Structural BMPs are required under the high density option. High density development shall meet the requirements of this section, The City of Mount Holly Zoning Ordinance, The City of Mount Holly Subdivision Ordinance, The Standard Detail of the City of Mount Holly and other published standards of the City Planning and Zoning Department and Public Utilities Department.
(a) High density permit application.
1. High density development permit shall be required for new development exceeding the requirements of the low density option.
2. Application for a high density development permit shall be submitted as follows:
a. Development plans subject to the Subdivision Ordinance and the Sedimentation and Soil Erosion Control Ordinance and reviewed through the City of Mount Holly Planning Commission will submit the high density development permit to the Zoning Administrator as part of the subdivision review application process;
b. Development plans not subject to the Subdivision Ordinance will submit the high density development permit to the City Engineer and Gaston County Quality of Natural Resources Commission (QNRC) as part of the sedimentation and soil control requirements of the building permit application process; and
c. Applications for the high density option shall be made on the proper form and shall include the following information:
I. A completed high density development permit application signed by the owner of the property. The signature of the consulting engineer or other agent will be accepted on the application only if accompanied by a letter of authorization;
ii. Required number of development plans and storm water control structure;
iii. Submittal of a sedimentation and erosion control plans to the appropriate agency; and
iv. Permit application fees. See current Fee Schedule.
(b) Structural BMPs.
1. All structural BMPs shall be designed and stamped by either a North Carolina registered professional engineer or landscape architect.
2. Structural BMPs shall be designed for specific pollutant removal according to modeling techniques approved by the North Carolina Division of Water Quality. Specific requirements for these systems shall be in accordance with the design criteria and standards set forth by the City of Mount Holly, The Standard Detail of the City of Mount Holly.
3. Qualifying areas of structural BMPs may be considered pervious when computing total built upon area. However, if the structure is used to compute the percentage built-upon area for one site, it shall not be used to compute the built-upon area for any other site or area.
4. The design of the structural BMPs shall include the appropriate easements for ingress and egress necessary to perform inspections, maintenance, repairs and reconstruction.
(c) Installation of structural BMPs.
1. Subdivisions; posting of financial security required. When structural BMPs are required under the high density option for subdivisions, the approval of the high density development permit will be subject to the owner filing a surety bond or a letter of credit or making other financial arrangements, which are acceptable to the city of mount holly in an amount to be determined by the city in consultation with other agencies, such as the North Carolina Division of Water Quality, in a form which is satisfactory to the City Attorney, guaranteeing the installation and maintenance of the required structural BMPs until issuance of certificates of occupancy for 75% of all construction, which might reasonably be anticipated to be built within the area which drains into the structural BMPs, allowing credit for improvements completed prior to the submission of the final plat. Upon issuance of certificates of occupancy for 75% of all anticipated construction, relative to the required structural BMPs, written notice thereof must be given by the owner to the City Engineer/city. The Public Utilities Department will arrange for an inspection of the structural BMPs and if found satisfactory, will within 30 days of the date of notice notify the owner in writing.
2. Property other than subdivisions; civil penalties. Any person who fails to install or maintain the required structural BMPs in accordance with this chapter, shall be subject to a civil penalty of not more than $500. No penalties shall be assessed until the person alleged to be in violation has been notified of the violation by registered or certified mail, return receipt requested, or other means which are determined reasonable in giving actual notice. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be corrected, and warn that the failure to correct the violation within the time period will result in the assessment of a civil penalty or further legal action. Each day that the violation continues shall constitute a separate violation.
(d) Maintenance responsibility of structural BMPs. For single family developments, BMPs that are constructed on privately-owned land and are not within a public easement shall be maintained by a property owners association or the owner of the subject property. BMPs that are constructed on public land within public rights-of-way, and/or within public easements shall be maintained by the public body with ownership/jurisdiction of the subject property.
1. Maintenance of structural BMPs shall be the responsibility of the individual property owner.
2. (Reserved for maintenance covenants.)
3. (Reserved for storm water credit.)
(e) Future. The property owner may apply for a credit to the property’s storm water fee according to the policies of the City of Mount Holly Storm Water Ordinance to compensate for this responsibility. The property owner will be responsible for the on-going maintenance of the structural BMPs. If, at any time, the BMPs are not properly maintained, the credit will be suspended.
(f) Additional requirements. An occupancy permit shall not be issued for any building or other structure, requiring such permit, within the permitted development until the Public Utilities Department has approved the structural BMP or storm water control structure.
(C) LWWS-PA, Lake Wylie Watershed Protected Area Overlay District.
(1) Density/built-upon limitations; low density.
(a) Residential development activities which require a sedimentation control permit shall not exceed one dwelling unit per 20,000 square feet or, optionally, 24% built-upon area, on a project-by-project basis.
(b) Non-residential development activities which require a sedimentation control permit shall not exceed 24% built-upon area, on a project-by-project basis.
(c) Residential development activities which require a sedimentation control permit and which are not required to use, or do not utilize for storm drainage purposes, a curb and gutter street system, shall not exceed three dwelling units per acre or, optionally, 36% built-upon area, on a project-by-project basis.
(d) Non-residential development activities which require a sedimentation control permit and which are not required to use, or which do not utilize for storm drainage purposes, a curb and gutter street system, shall not exceed 36% built-upon area, on a project-by-project basis.
(2) Density built upon limitations; high density. The high density option allows for a greater development density within the Lake Wylie Protected Watershed Area, which equates to 24% to 70% impervious surface; provided, engineered controls (structural BMPs) are used to manage storm water runoff. Structural BMPs are required under the high density option. High density development shall meet the requirements of this section, The City of Mount Holly Zoning Ordinance, The City of Mount Holly Subdivision and Land Development Ordinance, The Standard Detail of the City of Mount Holly and other published standards of the City Planning and Zoning Department and Public Utilities Department.
(a) High density permit application.
1. High density development permit shall be required for new development exceeding the requirements of the low density option.
2. Application for a high density development permit shall be submitted as follows.
a. Development plans subject to the Subdivision Ordinance and the Sedimentation and Soil Erosion Control Ordinance and reviewed through the City of Mount Holly Planning Commission will submit the high density development permit to the Zoning Administrator as part of the subdivision review application process.
b. Development plans not subject to the Subdivision Ordinance will submit the high density development permit to the City Engineer and Gaston County Quality of Natural Resources Commission (QNRC) as part of the sedimentation and soil control requirements of the building permit application process.
c. Applications for the high density option shall be made on the proper form and shall include the following information:
I. A completed high density development permit application signed by the owner of the property. The signature of the consulting engineer or other agent will be accepted on the application only if accompanied by a letter of authorization;
ii. Required number of development plans and storm water control structure;
iii. Submittal of a sedimentation and erosion control plans to the appropriate agency; and
iv. Permit application fees. See current Fee Schedule.
(b) Structural BMPs.
1. All structural BMPs shall be designed and stamped by either a North Carolina registered professional engineer or landscape architect.
2. Structural BMPs shall be designed for specific pollutant removal according to modeling techniques approved by the North Carolina Division of Water Quality. Specific requirements for these systems shall be in accordance with the design criteria and standards set forth by the City of Mount Holly, The Standard Detail of the City of Mount Holly.
3. Qualifying areas of structural BMPs may be considered pervious when computing total built upon area. However, if the structure is used to compute the percentage built-upon area for one site, it shall not be used to compute the built-upon area for any other site or area.
4. The design of the structural BMPs shall include the appropriate easements for ingress and egress necessary to perform inspections, maintenance, repairs and reconstruction.
(c) Installation of structural BMPs.
1. Subdivisions; posting of financial security required. When structural BMPs are required under the high density option for subdivisions, the approval of the high density development permit will be subject to the owner filing a surety bond or a letter of credit or making other financial arrangements, which are acceptable to the City of Mount Holly in an amount to be determined by the city in consultation with other agencies, such as the North Carolina Division of Water Quality, in a form which is satisfactory to the City Attorney, guaranteeing the installation and maintenance of the required structural BMPs until issuance of certificates of occupancy for 75% of all construction, which might reasonably be anticipated to be built within the area which drains into the structural BMPs, allowing credit for improvements completed prior to the submission of the final plat. Upon issuance of certificates of occupancy for 75% of all anticipated construction, relative to the required structural BMPs, written notice thereof must be given by the owner to the City Engineer/City. The Public Utilities Department will arrange for an inspection of the structural BMPs and if found satisfactory, will within 30 days of the date of notice notify the owner in writing.
2. Property other than subdivisions; civil penalties. Any person who fails to install or maintain the required structural BMPs in accordance with this chapter, shall be subject to a civil penalty of not more than $500. No penalties shall be assessed until the person alleged to be in violation has been notified of the violation by registered or certified mail, return receipt requested, or other means which are determined reasonable in giving actual notice. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be corrected, and warn that the failure to correct the violation within the time period will result in the assessment of a civil penalty or further legal action. Each day that the violation continues shall constitute a separate violation.
(d) Maintenance responsibility of structural BMPs. For single-family developments, BMPs that are constructed on privately-owned land and are not within a public easement shall be maintained by a property owners association or the owner of the subject property. BMPs that are constructed on public land within public rights-of-way, and/or within public easements shall be maintained by the public body with ownership/jurisdiction of the subject property.
1. Maintenance of structural BMPs shall be the responsibility of the individual property owner.
2. (Reserved for maintenance covenants.)
3. (Reserved for storm water credit.)
(e) Future. The property owner may apply for a credit to the property’s storm water fee according to the policies of the City of Mount Holly Storm Water Ordinance to compensate for this responsibility. The property owner will be responsible for the on-going maintenance of the structural BMPs. If, at any time, the BMPs are not properly maintained, the credit will be suspended.
(f) Additional requirements. An occupancy permit shall not be issued for any building or other structure, requiring such permit, within the permitted development until the Public Utilities Department has approved the structural BMP future or storm water control structure.
(D) MILWS-CA, Mountain Island Lake Watershed Critical Area Overlay District.
(1) General development standards.
(a) No new sites for land application of residual or petroleum contaminated soils are allowed.
(b) No new landfills are allowed.
(2) Density/built-upon limitations.
(a) Residential development activities which require a sedimentation control permit shall not exceed one dwelling unit per 20,000 square feet or, optionally, 24% built-upon area, on a project-by-project basis.
(b) Non-residential development activities which require a sedimentation control permit shall not exceed 24% built-upon area, on a project-by-project basis.
(c) A healthy vegetative buffer provides for a stable land surface, which absorbs rainfall, reduces heat reflection and noise and absorbs pollutants, washing across the land. The City of Mount Holly can require enhancement of the existing vegetation in the buffer if necessary so that the buffer can effectively perform its filtering and absorption functions.
(d) Additional buffer requirements include:
1. A 100-foot vegetative buffer along the lake shoreline, measured from “full pond” level or 648-foot elevation;
2. A 50-foot vegetative buffer along each bank of all perennial streams;
3. No permanent structures or built upon areas shall be allowed in the buffers;
4. Buffers shall be left in a natural state and no clearing or grading in the buffer will be allowed, except on a limited conditional basis. The removal of some native vines, shrubs, ground covers and small trees to facilitate a better view or a more aesthetically pleasing natural landscape may be allowed. This thinning operation must be done with hand tools and/or minimal use of approved herbicides. No grubbing of tree stumps is allowed; however, their removal with a stump grinding machine, which causes minimal soil disturbance, is allowed. Natural leaf litter, hummus and soil should remain;
5. No trees larger than two-inch caliper are to be removed unless dead or diseased;
6. Development within the buffer is limited to pervious, recreational development and/or natural pedestrian trails and impervious common area development only if the buffer area encroached upon is less than or equal to 3% of the total project’s waterfront buffer. However, in no case shall any development be allowed within 50 feet of the shoreline or bank. Impervious structures such as driveways and boat houses on land are not permitted within the buffer;
7. Water dependent structures and public projects such as roads and greenway paths are allowed only where no practical alternative exists. These projects should minimize built-upon surface areas, direct run-off away from surface waters and maximize the use of non-structural BMPs;
8. All waterfront buffers shall be clearly marked with iron stakes in cement markers, which shall not be removed. The buffer will be clearly marked by flagging or fencing prior to any construction on the site;
9. Turf grass as a permanent landscape feature is prohibited in the buffer area;
10. Septic tanks, drain fields and repair areas are not permitted in the buffer;
11. No sediment basins, open channels or piped storm water is allowed through the buffer. Drainage areas should be designed to allow water sheet flow across the buffer; and
12. Walkway openings to provide access to the lake and dock areas are allowed, but are limited to a maximum width of six feet. Pervious materials should be used as base material or elevated boardwalks can be used. Paths should be constructed to effectively control runoff and erosion.
(E) MILWS-PA, Mountain Island Lake Watershed Protected Area Overlay District.
(1) Density/built-upon limitations.
(a) Residential development activities which require a sedimentation control permit shall not exceed one dwelling unit per 20,000 square feet or, optionally, 24% built-upon area, on a project-by-project basis.
(b) Non-residential development activities which require a sedimentation control permit shall not exceed 24% built-upon area, on a project-by-project basis.
(c) Residential development activities which require a sedimentation control permit and which are not required to use, or do not utilize for storm drainage purposes, a curb and gutter street system, shall not exceed three dwelling units per acre or, optionally, 36% built-upon area, on a project-by-project basis.
(d) Non-residential development activities which require a sedimentation control permit and which are not required to use, or which do not utilize for storm drainage purposes, a curb and gutter street system, shall not exceed 36% built-upon area, on a project-by-project basis.
(e) Notwithstanding the limitations of § 5.13(D)(2)(a), (D)(2)(b), (D)(2)(c) and (D)(2)(d) of this chapter, 10% of the MILWS-PA area may be developed with new development projects of up to 70% built-upon area as special intensity allocations (SIAs). SIAs shall be allocated and developed in accordance with the following rules.
1. SIAs shall be allocated by the Zoning Administrator through the zoning permit/Development Plan process. The Zoning Enforcement officer shall maintain a record of the total acreage in the LWWS-PA area eligible for SIAs, the acreage that has been allocated and the acreage that has been used as of the latest date. In no case shall allocated acreage exceed the acreage eligible for allocation. For the purposes of this subsection, the total area that can be allocated for SIAs in the MILWS-PA is zero acres.
2. SIAs shall be allocated on a “first come, first served” basis upon the approval and issuance of the appropriate permit; provided that, no SIA shall be allocated to a development unless it is served by or is to be served by City of Mount Holly water and sewer service.
3. The right to develop a SIA shall terminate with the loss of the right to develop due to the expiration of a zoning permit, zoning permit with vested rights, or building permit. In such a case, the allocated acreage, or unused allocated acreage, shall be returned to the unallocated total acreage eligible for allocation.
4. In no case shall the built-upon area of a SIA exceed the built-upon limitations of the zoning district in which the SIA is located as shown in this chapter.
(F) Density averaging.
(1) Legal authority. G.S. § 143-214.5 d2 permits density averaging in the state.
(2) Definition and applicability. Density averaging is the transfer of impervious development rights from one property to another, and involves two noncontiguous parcels in the same water supply watershed. A local government implementing a water supply watershed program shall allow an applicant to average development density on up to two noncontiguous properties for purposes of achieving compliance with the water supply watershed development standards if all of the following circumstances exist:
(a) The properties are within the same water supply watershed. If one of the properties is located in the critical area of the watershed, the critical area property shall not be developed beyond the applicable density requirements for its classification;
(b) Overall project density meets applicable density or stormwater control requirements under 15A NCAC 2B .0200;
(c) Vegetated buffers on both properties meet the minimum statewide water supply watershed protection requirements;
(d) Built upon areas are designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas;
(e) Areas of concentrated density development are located in upland areas and, to the maximum extent practicable, away from surface waters and drainageways;
(f) The property or portions of the donor properties that are not being developed will remain in a vegetated or natural state and will be managed by a homeowners' association as common area, conveyed to a local government as a park or greenway, or placed under a permanent conservation or farmland preservation easement unless it can be demonstrated that the local government can ensure long-term compliance through deed restrictions and an electronic permitting mechanism. A metes and bounds description of the areas to remain vegetated and limits on use shall be recorded on the subdivision plat, in homeowners' covenants, and on individual deed and shall be irrevocable;
(g) Development permitted under density averaging and meeting applicable low-density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable;
(h) A special use permit or other such permit or certificate shall be obtained from the local Watershed Review Board, being the City of Mount Holly Board of Adjustment, as authorized under § 12.10, to ensure that both properties considered together meet the standards of the watershed ordinance and that potential owners have record of how the watershed regulations were applied to the properties; and
(i) All parcels must be located within the planning and zoning jurisdiction of the City of Mount Holly, and located within the Lake Wylie Watershed Critical Overlay District or in the Lake Wylie Watershed Protected Area Overlay District.
(3) Process.
(a) A pre-application meeting is required to go over the application materials and any questions about the process.
(b) A City of Mount Holly watershed density averaging application must be submitted with the following:
1. Surveys of both properties showing the current existing impervious amount and maximum impervious amount;
2. Draft of revised property deeds;
3. Stormwater mitigation plan;
4. Draft of revised plats for the revised impervious allowances;
5. Draft of homeowner covenants (if applicable); and
6. Board of Adjustment fee.
(c) Once all submittal requirements are met, the request will be heard by the Board of Adjustment (as the Watershed Review Board) at the next available hearing.
(d) The Board of Adjustment must make written findings that the proposed project meets the requirements set forth in § 12.12.
(e) If approved, the applicant shall submit two mylar maps for recording and one paper copy of each plat for filing with the Planning Department for final review.
(f) Once approved, the mylars and the deeds for each parcel must be recorded at the Gaston County Register of Deeds Office. As well, all decisions rendered by the Board of Adjustment regarding density averaging cases (approved and denied cases) will be filed in the Gaston County Register of Deeds via a prepared order developed by city staff. The city will be responsible for recording these orders and will charge a fee that is equal to the fee charged by the Gaston County Register of Deeds to record deeds and other real estate documents, which will be added to the application fee associated with density averaging requests, and which will be paid by the applicant upon submittal.
(g) The Planning Department will issue a density averaging certificate to the applicant, at which time the applicant can submit plans for zoning and building permits.
(h) A copy of the density averaging certificate, including surveys, recorded plat(s) deeds/property descriptions, and any documentation reflecting the restrictions to the parcel that will remain undeveloped, will be forwarded to the North Carolina Division of Water Quality.
(i) No change in the development proposal can be made unless the certificate is amended by the Board of Adjustment.
(Ord. passed 5-13-1996; Am. Ord. passed 9-12-2022; Am. Ord. passed 6-10-2024)