§ 53.133  WATER SUPPLY WATERSHED STANDARDS.
   (A)   Exemptions from water supply watershed standards.
      (1)   Existing development for water supply watershed standards, as defined in this subchapter, is not subject to the requirements of the water supply watershed standards. Expansion to structures classified as existing development must meet the requirements of this section; however, the built-upon area of the existing development is not required to be included in the density calculations for water supply watershed standards.
      (2)   A pre-existing lot owned by an individual prior to the effective date of this chapter, regardless of whether or not a vested right has been established, may be developed for single-family residential purposes without being subject to the restrictions of the water supply watershed standards.
   (B)   General.
      (1)   No subdivision plat of land within the city’s jurisdiction shall be filed or recorded by the Register of Deeds until it has been approved in accordance with the provisions of this subchapter. Likewise, the Clerk of Superior Court shall not order or direct the recording of a plat if the recording of the plat would be in conflict with this subchapter.
      (2)   The approval of a plat docs not constitute or effect the acceptance by the city or the public of the dedication of any street or other ground, easement, right-of-way, public utility line or other public facility shown on the plat, and shall not be construed to do so.
   (C)   Subdivision application, standards and required improvements.
      (1)   All proposed subdivisions shall be reviewed by the Stormwater Administrator prior to recording with the Register of Deeds to determine if the property is subject to this subchapter. Subdivisions that are not subject to this subchapter may be recorded, provided the Stormwater Administrator initials the plat. Subdivisions that are subject to this subchapter must comply with the provisions of this subchapter.
      (2)   All subdivisions shall conform with the mapping requirements contained in G.S. § 47-30.
      (3)   All subdivisions of land within the jurisdiction of the city after the effective date of this subchapter shall require a plat to be prepared, approved and recorded pursuant to this subchapter.
      (4)   All subdivision plats shall comply with the requirements for recording of the County Register of Deeds.
      (5)   The subdivider shall provide the watershed administrator with evidence that the plat has been recorded with the Register of Deeds within five working days of its being recorded.
      (6)   If the Stormwater Administrator approves the application, the approval shall be indicated on the plat by a certification and the signature of the Stormwater Administrator.
      (7)   If the Stormwater Administrator disapproves or approves conditionally the application, the reason for the action shall be stated in writing for the applicant. The subdivider may make changes and submit a revised plan which shall constitute a separate request for the purpose of review.
      (8)   All lots shall provide adequate building space in accordance with the development standards contained within this chapter. Lots which are smaller than the minimum required for residential lots shall be identified on the plat as, “Not for residential purposes.”
      (9)   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.
      (10)   Where possible, roads shall be located outside of critical areas and watershed buffer areas. Roads constructed within these areas shall be designed and constructed so as to minimize their impact on water quality.
   (D)   Construction procedures.
      (1)   No construction or installation of improvements shall commence in a proposed subdivision until a subdivision plat has been approved by the Stormwater Administrator.
      (2)   No building or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of this chapter until all requirements of this chapter have been met. The subdivides, prior to commencing any work within the subdivision, shall make arrangements with the Stormwater Administrator to provide for adequate inspection.
   (E)   Penalty for transferring lots in unapproved subdivisions.  Any person who, being the owner or agent of the owner of any land located within the jurisdiction of the city, thereafter subdivides his or her land in violation of this chapter or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this subchapter and recorded in the office of the Register of Deeds, shall be guilty of a misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The city may bring an action for injunction of any illegal subdivision transfer, conveyance or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this chapter.
   (F)   Watershed areas described; WS-III-BW (balance of watershed) with low density option.
      (1)   Allowed uses:
         (a)   Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990;
         (b)   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15A NCAC 11.6101.0209);
         (c)   Residential development;
         (d)   Nonresidential development, excluding discharging landfills and the storage of toxic and hazardous materials unless a spill containment plan is implemented.
         (e)   Nondischarge landfills and sludge application sites are allowed.
      (2)   Density and built-upon limits:
         (a)   Single-family residential development shall not exceed two dwelling units per acre or 24% built-upon area, as defined on a project by project basis.
         (b)   Low density projects shall comply with the Phase II Standards for low-density projects found in § 53.131.
         (c)   All other residential and non-residential development shall not exceed 24% built-upon area on a project by project basis.
   (G)   Watershed areas described; WS-III-BW (balance of watershed) with high density options.  Projects exceeding 24% built upon area shall either be restricted to 50% built upon area or be included within the 10% of the watershed that may be developed for nonresidential uses up to 70% built upon area.
      (1)   Allowed uses:
         (a)   Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990;
         (b)   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15A NCAC 11.6101.0209);
         (c)   Residential development;
         (d)   Nonresidential development, excluding discharging landfills and the storage of toxic and hazardous materials unless a spill containment plan is implemented.
      (2)   Density and built-upon limits:
         (a)   Where new development exceeds either two dwelling units per acre or 24% built-upon area, engineered stormwater controls shall be used to control runoff from the first inch of rainfall and development shall not exceed 50% built-upon area.
         (b)   Projects that exceed 50% built upon area may occupy up to 10% of the watershed for nonresidential uses up to 70% built-upon area on a project by project basis when approved as a special nonresidential intensity allocation (SNIA). 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. The Stormwater Administrator is authorized to approve SNIAs consistent with the provisions of this subchapter.
         (c)   All high density projects shall comply with the Phase II Standards for High Density Projects found in § 53.131(B).
   (H)   Cluster development.
      (1)   Clustering of development is allowed in the WS-III-BW watershed area.
      (2)   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 within the above section on density.
      (3)   All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow.
      (4)   The remainder of the tract shall remain in a vegetative or natural state. This area will be maintained through a maintenance agreement between the city and the property owner (s) or property owners association.
   (I)   Water supply watershed buffers.
      (1)   A minimum 100-foot vegetative buffer is required for all new development activities that exceed the low-density option is required along all perennial and intermittent waters located on the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS), on the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture, or as determined by local government studies.
      (2)   The above buffer requirement is in addition to buffer requirements enforced by the NC Division of Water Quality that regulates uses within the first 50 feet along perennial and intermittent streams.
      (3)   No new development is allowed within the buffer except for water dependent structures and uses listed as exempt, allowable, and allowable with mitigation on the NC DWQ allowable uses buffer chart as listed in 15A NCAC 02B .0233.
   (J)   Watershed area boundaries.  Where uncertainty exists as to the boundaries of the watershed areas as shown on the watershed map, the following rules apply;
      (1)   Where area boundaries are indicated as approximately following the street, alley, railroad or highway lines or centerlines thereof, the lines shall be construed to be the boundaries.
      (2)   Where area boundaries are indicated as approximately following lot lines, the lot lines shall be construed to the boundaries. However, a surveyed plat prepared by a registered land surveyor may be submitted to the city as evidence that or more properties along these boundaries do not lie within the watershed area.
      (3)   If further uncertainty exists, the Stormwater Administrator shall interpret the Watershed Map as to the location of the boundaries.
   (K)   Existing development for water supply watershed.  Any existing development as defined in this chapter may be continued and maintained subject to the provisions provided herein. Expansion to structures classified as existing developments must meet the requirements of this subchapter; however the built-upon area of the existing development is not required to be included in the density calculations for the water supply watershed density calculation. Calculations for density for the Phase II Standards within this subchapter are to be done separately from the Water Supply Watershed Standards calculation.
      (1)   Vacant lots. Lots that are not built on but have been recorded in the office of the County Register of Deeds. Lots may be used for any of the uses allowed in the watershed area in which it is located.
      (2)   Occupied lots. This category consists of lots occupied for residential purposes at the time of the adoption of this chapter.
      (3)   Uses of land. This category consists of uses existing at the time of adoption of this chapter where the use of the land is not permitted to be established hereafter in the watershed area in which it is located. The uses may be continued, except as follows:
         (a)   When such use of land has been changed to an allowed use, it shall not thereafter revert to any prohibited use.
         (b)   Such use of land shall be changed only to an allowed use.
         (c)   When such uses ceases for a period of at least one year, it shall not be reestablished.
      (4)   Reconstruction of buildings or built-upon areas: Any existing building or built-upon area not in conformance with the restrictions of this chapter that has been damaged or removed may be repaired and/or reconstructed, except that there are no restriction on single-family residential development, provided:
         (a)   Repairs or reconstruction is initiated within 12 months and completed within two years of the damage.
         (b)   The total amount of space devoted to built-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided.
   (L)   Application of regulations.
      (1)   No building or land shall hereafter be used and no development shall take place except in conformity with the regulations herein specified for the watershed area in which it is located.
      (2)   No area required for the purpose of complying with the provisions of the water supply watershed standards shall be included in the area required for another building.
      (3)   Every residential building hereafter erected, moved or structurally altered shall be located on a lot which conforms to the regulations herein specified, except those designated as existing development.
      (4)   If a use or class of use is not specifically indicated as being allowed in a watershed area, the use or class of use is prohibited.
   (M)   General public health.  No activity, situation, structure or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety, and welfare of the public. These conditions may arise from inadequate on-site sewage systems which utilize ground 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 stormwater runoff; or any other situation found to pose a threat to water quality.
(Ord. passed 6-12-12)