§ 51.036 WATERSHED AREAS DESCRIBED.
   (A)   WS-IV Watershed Areas-Critical Area (WS-IV-CA). Only new development activities that require an erosion/sedimentation control plan under state law or approved local government program are required to meet the provisions of this chapter when located in a WS-IV watershed. Single-family residential development shall be allowed at a maximum of two dwelling units per acre. All other residential and nonresidential development shall not exceed 24% impervious coverage. New residuals application sites and landfills are specifically prohibited.
      (1)   Allowed uses.
         (a)   Agriculture subject to the provisions of the Food Security Act of 1985, being 16 U.S.C. §§ 3801 et seq. and Food, Agriculture, Conservation and Trade Act of 1990, being 7 U.S.C. §§ 1421 et seq. and the rules and regulations of the Soil and Water Conservation Commission;
         (b)   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1I.6101-.0209);
         (c)   Residential; and
         (d)   Non-residential development, excluding:
            1.   Landfills; and
            2.   Sites for land application of residuals or petroleum contaminated soils.
      (2)   Density and built-upon limits.
         (a)   Single-family residential development shall not exceed two dwelling units per acre on a project by project basis. No single-family residential lot shall be less than one-half acre (or 20,000 square feet excluding roadway right-of-way) except within an approved cluster development.
         (b)   All other residential and non-residential development shall not exceed 24% built-upon area. For the purpose of calculating the built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.
      (3)   Erosion/sedimentation control plan waiver.
         (a)   The person(s) conducting the land disturbing activities need not submit a local erosion control plan if such persons obtain an erosion control plan waiver certificate from the Administrator. An application for this form shall be submitted containing the name, address and telephone number of the developer and owner, a description and drawing of the proposed development or activity, the location of the development and any other information requested by the Administrator that is necessary to evaluate the proposed development. The Administrator shall issue the erosion control plan waiver certificate if the Administrator finds that the land-disturbing activity will result in uncovering less than one acre and:
         (b)   The land-disturbing activity is not to be conducted with any of the following types of development:
            1.   Any activity involving the temporary or permanent storage (above or below ground) of any toxic or hazardous substance, including fuel storage facilities;
            2.   Shopping centers;
            3.   Industrial and commercial facilities; or
            4.   Major subdivisions.
   (B)   WS-IV Watershed Areas-Protected Area (WS-IV-PA). Only new development activities that require an erosion/sedimentation control plan under state law or approved local government program are required to meet the provisions of this chapter when located in a WS-IV watershed.
      (1)   Uses allowed.
         (a)   Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990;
         (b)   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1I.6101-.0209);
         (c)   Residential development; and
         (d)   Non-residential development.
      (2)   Density and built-upon limits.
         (a)   Single-family residential developments with curb and gutter street systems shall not exceed two dwelling units per acre or 24% built-upon area. Developments without curb and gutter street systems shall not exceed three dwelling units per acre or 36% built-upon area. No single-family residential lot shall be less than one-half acre (or 20,000 square feet excluding roadway right-of-way), or one-third acre for projects without a curb and gutter street system except within an approved cluster development, consistent with zoning regulations.
         (b)   All other residential and non-residential developments with curb and gutter street systems shall not exceed 24% built-upon area. For projects without a curb and gutter street system, development shall not exceed 36% built-upon area. For the purpose of calculating built-upon area, total project area shall include acreage in the tract on which the project is to be developed.
         (c)   (Optional for local governments that do not choose to incorporate the high density option) In addition to the development allowed under divisions (B)(2)(a) and (B)(2)(b) above, new development and expansions to existing development may occupy up to 10% of the protected area with up to 70% built-upon area on a project by project basis, when approved as a special intensity allocation (SIA). The Watershed Administrator is authorized to approve SIAs consistent with the provisions of this chapter. Projects must, to the maximum extent practicable, minimize built-upon surface area, direct stormwater away from surface waters and incorporate best management practices to minimize water quality impacts. 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.
      (3)   Erosion/sedimentation control plan waiver.
         (a)   The person(s) conducting the land disturbing activities need not submit a local erosion control plan if such persons obtain an erosion control plan waiver certificate from the Administrator. An application for this form shall be submitted containing the name, address and telephone number of the developer and owner, a description and drawing of the proposed development or activity, the location of the development and any other information requested by the Administrator that is necessary to evaluate the proposed development. The Administrator shall issue the erosion control plan waiver certificate if the Administrator finds that the land-disturbing activity will result in uncovering less than one acre and:
         (b)   The land-disturbing activity is not to be conducted with any of the following types of development:
            1.   Any activity involving the temporary or permanent storage (above or below ground) of any toxic or hazardous substance, including fuel storage facilities;
            2.   Shopping centers;
            3.   Industrial and commercial facilities; or
            4.   Major subdivisions.
(Ord. passed 5-16-1994; Ord. passed 7-15-2002)