(A) Legal provisions. This section shall be known and may be referred to as the Water Supply Watershed Protection Overlay District Ordinance. The purpose of this section is to describe the water supply watershed areas and regulations herein adopted. The town has, within its jurisdiction, a portion of the Drowning Creek water supply watershed, classified a WS-II by the Environmental Management Commission. The Board of Commissioners has chosen the low-density option for development within the water supply watershed areas. These areas are displayed on the town’s zoning map.
(B) Purpose. The Water Supply Watershed Protection Act (G.S. § 143-214.5) provides for a cooperative program of water supply watershed management and protection to be administered by local governments consistent with minimum statewide management requirements established by the Environmental Management Commission. In order to promote the public health, safety and welfare, and to protect the public water supply, the Board of Commissioners adopts these water supply watershed protection regulations effective for all areas designated Watershed Protection Overlay District on the official zoning map.
(C) Effective date. This Overlay District and its provisions governing the use of land and buildings in designated areas, are hereby established and declared to be in full force and effect from and after its passage. The effective date of the Water Supply Watershed Protection Overlay District Ordinance is October 21, 1993.
(D) Administration and enforcement.
(1) Required watershed protection permit. If, at the time of application for a zoning permit, it is determined that the property lies in a water supply watershed, as shown on the zoning map, a watershed protection permit will be required. Requirements outlined in Subsection 16.2 of the town Zoning Ordinance will be followed when an application for a watershed protection permit is made.
(2) Issuance of watershed protection permit.
(a) The Administrative Officer shall serve as the Watershed Administrator and shall issue watershed protection permits as prescribed herein.
(b) If the proposed activity as set forth in the application is in conformance with the provisions of this Water Supply Watershed Protection Overlay District, the Watershed Administrator shall issue a watershed protection permit. If any application for a watershed protection permit is not approved, the Watershed Administrator shall state in writing on the application, the cause for such disapproval.
(c) Issuance of a permit shall, in no case, be construed as waiving any provision of this or any other ordinance or regulation. A record of permits shall be kept on file for public inspection.
(3) Watershed Review Board.
(a) The Board of Zoning Adjustment for the town (§ 152.022) shall serve as the Watershed Review Board, and shall delegate administrative review procedures to the town’s Planning Board.
(b) The Board of Zoning Adjustment shall retain the responsibility to grant variances from these regulations. The Town Clerk shall serve as clerk to the Watershed Review Board.
(4) Variances.
(a) In granting a variance for property located in an area designated water supply watershed, in addition to the standard procedures prescribed in Subsection 15.3 of the town’s Zoning Ordinance, the Board of Zoning Adjustment will distinguish between a major and a minor variance in the following manner:
1. A major variance is one that:
a. Completely waives a management requirement;
b. Relaxes, by a factor of more than 10%, any management requirement that takes the form of a numerical standard; or
c. Proposes increases in residential density or built-upon limits.
2. A minor variance is one that does not qualify as a major variance.
(b) With an application for a major variance, the Watershed Review Board shall provide a recommendation to the state’s Environmental Management Commission (EMC). The EMC shall have the authority to approve or deny the issuance of a major variance. If the EMC approves the variance, the Watershed Review Board may direct the Watershed Administrator to issue a watershed protection permit.
(c) A description of all projects receiving a variance and the reason for granting the variance shall be submitted to the EMC on January 1 of each year.
(d) When considering variances in areas designated water supply watershed, the town will notify and allow a reasonable comment period to local governments having jurisdiction within the watershed, and the entity using the water supply for consumption.
(5) Amendments. Amendments to this Overlay District shall follow procedures outlined in §§ 152.565 through 152.571. In addition, the Environmental Management Commission shall be informed of all amendments that represent major changes in land use regulations in this Overlay District.
(E) Water Supply Watershed Overlay District regulations.
(1) Allowed and disallowed uses.
(a) In addition to permitted and conditional uses listed for the appropriate district in the town’s zoning ordinance, the following uses are allowed in the water supply watershed:
1. Agriculture, provided it complies with existing state and federal rules, including the Food Supply Act of 1985 and the Food, Agriculture, Conservation, and Trade Act of 1990;
2. Silviculture, provided it complies with existing State and Federal rules, including the “Forest Practice Guidelines Related to Water Quality” (02 NCAC 60C.0101-.0209); and
3. Nonresidential development, excluding discharging landfills and the storage of toxic and hazardous materials unless a spill containment plan is implemented.
(b) All permitted discharges must meet the state’s treatment standards.
(c) New discharging landfills are disallowed in the water supply watershed.
(2) Density for single-family residential development. Single-family residential development within the water supply watershed shall have a minimum lot size of one dwelling unit per acre or the lot’s built-upon area shall not exceed 12%.
(3) Density for all other residential and non-residential development. The lot’s built-upon area shall not exceed 12%.
(4) Cluster development. Clustering of development is allowed on a project-by-project basis provided:
(a) Minimum lot sizes are not applicable to single-family cluster development projects; however, the total number of lots shall not exceed the number of lots allowed for single-family detached developments herein. The overall density of the project shall meet the associated density or stormwater requirements.
(b) All built-upon areas shall be designated and sited to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow; and
(c) The remainder of the tract shall remain in a vegetated or natural state and shall not be developed at any future date. Where the development has an incorporated property owners association, the title of the open space area shall be conveyed to the association for management and maintenance. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds, and individual property owners shall be responsible for maintenance.
(5) Required buffers.
(a) A minimum 30 foot vegetative buffer is required for new development activities along all perennial waters indicated on the most recent versions of the U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Desirable artificial stream bank or shoreline stabilization is permitted.
(b) No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and greenways. These activities are allowed only where no practicable alternative exists. These activities shall minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of best management practices.
(6) Public health regulations.
(a) Disallowed uses.
1. No activity, situation, structure, or land use shall be allowed within the watershed that poses a threat to water quality and the public health, safety, and welfare.
2. Such conditions may arise from:
a. Inadequate on-site sewage systems that utilize ground absorption;
b. Inadequate sedimentation and erosion control measures;
c. Improper storage or disposal of junk, trash, or other refuse within a buffer area;
d. Absence or improper implementation of a spill containment plan for toxic and hazardous materials;
e. Improper management of stormwater runoff; or
f. Any other situation found to pose a threat to water quality.
(b) Restraint, correction, and abatement.
1. The Administrative Officer shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality.
2. The Administrative Officer shall report all findings to the Planning Board. The Administrative Officer may consult with any public agency or official and request recommendations.
3. Where the Planning Board finds a threat to water quality and the public health, safety, and welfare, the Board shall institute any appropriate action or proceeding to restrain, correct, or abate the condition and/or violation.
(G) Exceptions to Water Supply Watershed Overlay District regulations.
(1) Single-family pre-existing lots. A pre-existing lot owned by an individual prior to the effective date of these water supply watershed protection regulations, regardless of whether or not a vested right has been established, may be developed for single-family restrictions imposed by these water supply watershed protection regulations. All regulations stated in the town’s zoning code do apply. However, this exemption is not applicable to multiple contiguous lots under single ownership.
(2) Existing development. Any existing development, as defined herein, may be continued and maintained subject to the provisions provided herein. Explanations to structures classified as existing development must meet the requirement of this amendment, however, the built-upon area of the existing development is not required to be included in the built-upon area calculations.
(3) Vacant lots. This category consists of vacant lots for which the plat or deeds have been recorded in the office of the Register of Deeds of the county. Lots may be used for any of the uses allowed in the watershed area in which it is located, provided the following:
(a) Where the lot area is below the minimum specified in this amendment, the Administrative Officer is authorized to issue a watershed protection permit; and
(b) Notwithstanding the foregoing, whenever two or more contiguous residential vacant lots of record are in single ownership at any time after the adoption of this amendment and such lots individually have less area than the minimum requirements for residential purposes for the watershed area in which such lots are located, such lots shall be combined to create one or more lots that meet the standards of this water supply watershed amendment.
(H) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CLUSTER DEVELOPMENT. The grouping of buildings in order to conserve land resources and provide for innovation in the design of the project. This term includes nonresidential development as well as single-family residential subdivisions and multifamily developments that do not involve the subdivision of the land.
DEVELOPMENT. Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration or precipitation into the soil.
DISCHARGING LANDFILL. A facility with liners, monitoring equipment, and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream.
EXISTING DEVELOPMENT. Those projects that are built, or those projects that at a minimum have established a vested right under state zoning law as of the effective date of this amendment based on the criteria established under the vested rights amendment to this chapter.
LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S. Ch. 130A Art. 9. For the purpose of this amendment this term does not include composting facilities.
VARIANCE, MAJOR. A variance that:
(a) Completely waives a management requirement;
(b) Relaxes, by a factor of more than 10%, any management requirement that takes the form of a numerical standard; or
(c) One that proposes to increase residential density or built-upon limits.
VARIANCE, MINOR. A variance that does not qualify as a major variance.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purposes, such as boat ramps, boat houses, docks, and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots, and commercial boat storage areas are not WATER DEPENDENT STRUCTURES.
WATERSHED. The entire land area contributing surface drainage to a specific point (e.g., the water supply intake).
(Ord. passed 12-20-2001) Penalty, see § 152.999