(A) WS-III Watershed Areas – Critical Area (WS-III-CA).
(1) In order to maintain a low to moderate land use intensity pattern, single-family residential uses are allowed at a maximum of 1 dwelling unit per acre. All residential, other than single-family residential, and nonresidential development shall be allowed to a maximum of 12% built-upon area. New sludge application sites and landfills are specifically prohibited.
(2) Allowed uses:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990. Agricultural activities conducted after January 1, 1993 shall maintain a minimum 10-foot vegetative buffer, or equivalent control as determined by the County Soil and Water Conservation Commission, along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Animal operations greater than 100 animal units shall employ best management practices by July 1, 1994 recommended by the Soil and Water Conservation Commission;
(b) Silviculture, subject to the provisions of the “Forest Practices Guidelines Related to Water Quality” (15 NCAC 1l.6101-.0209). The Division of Forest Resources–Vance County Forestry Office is the designated management agency responsible for implementing the provisions pertaining to silviculture activities;
(c) Residential; and
(d) 1. Nonresidential development, excluding:
a. The manufacture of toxic or hazardous materials or manufacturing where a byproduct of the process is a toxic or hazardous material, storage of toxic and hazardous materials unless a spill containment plan is implemented;
b. Landfills; and
c. Sites for land application of residuals or petroleum-contained soils.
2. New industrial development is required to incorporate adequately designed, constructed and maintained spill containment structures if hazardous materials are either used or stored on the premises.
(3) Density and built-upon limits:
(a) Single-family residential development shall not exceed 1 dwelling unit per acre on a project-by-project basis. No residential lot shall be less than 1 acre, except within an approved cluster development.
(b) All residential, other than single-family residential, and nonresidential development shall not exceed 12% built-upon area on a project-by-project basis. For the purpose of calculating built-upon area, the total project area shall include total acreage in the tract on which the project is to be developed.
(B) WS-III Watershed Areas – Balance of Watershed (WS-III-BW).
(1) In order to maintain a low to moderate land use intensity pattern, single-family detached uses shall develop with a minimum lot size of 35,000 square feet, where a larger size may be required by the County Health Department, in accordance with “Laws and Rules for Sewage Treatment and Disposal Systems,” North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Health, On-Site Wastewater Section.
(2) All residential, other than single-family residential, and nonresidential development shall be allowed a maximum of 24% built-upon area.
(3) In addition, nonresidential uses may occupy 10% of the watershed with up to a 70% built-upon area, when approved as a Special Nonresidential Intensity Allocation (SNIA) as provided for in § 154.032.
(4) Nondischarging landfills and sludge application sites are allowed.
(5) 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. The County Soil and Water Conservation Commission is the designated agency responsible for implementing the provisions pertaining to agriculture;
(b) Silviculture, subject to the provisions of the “Forest Practices Guidelines Related to Water Quality” (15 NCAC 1l.6101-.0209). The Division of Forest Resources–Vance County Forestry Office is the designated management agency responsible for implementing the provisions pertaining to silviculture activities;
(c) Residential development; and
(d) Nonresidential development, excluding discharging landfills and the storage of toxic and hazardous materials unless a spill containment plan is implemented.
(6) Density and built-upon limits:
(a) For single-family residential, no residential lot shall be less than 35,000 square feet, where a larger size may be required by the County Health Department, in accordance with “Laws and Rules for Sewage Treatment and Disposal Systems,” North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Health, On-Site Wastewater Section or except within an approved cluster development.
(b) All residential, other than single-family residential, and nonresidential development shall not exceed 24% built-upon area on a project-by-project basis, except nonresidential uses may occupy 10% of the balance of the watershed with up to 70% built-upon area on a project-by-project basis when approved as a Special Nonresidential Intensity Allocation as provided for in § 154.032. 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.
(C) WS-IV Watershed Areas – Protected Area (WS-IV-PA).
(1) In order to address a moderate to high land use intensity pattern, single-family residential uses shall develop with a minimum lot size of 35,000 square feet, where a larger size may be required by the County Health Department, in accordance with “Laws and Rules for Sewage Treatment and Disposal Systems,” North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Health, On-Site Wastewater Section or within an approved cluster development.
(2) All residential, other than single-family residential, and nonresidential development shall be allowed at a maximum of 24% built-upon area or 36% built-upon area is allowed for projects without a curb and gutter street system.
(3) In addition, nonresidential uses may occupy 10% of the watershed with up to 70% built-upon area, when approved as a Special Nonresidential Intensity Allocation (SNIA) as provided for in § 154.032.
(4) Uses allowed:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990. The County Soil and Water Conservation Commission is the designated agency responsible for implementing the provisions pertaining to agriculture;
(b) Silviculture, subject to the provisions of the “Forest Practices Guidelines Related to Water Quality” (15 NCAC 1l.6101-.0209). The Division of Forest Resources–Vance County Forestry Office is the designated management agency responsible for implementing the provisions pertaining to silviculture activities;
(c) Residential development; and
(d) Nonresidential development, excluding the storage of toxic and hazardous materials unless a spill containment plan is implemented.
(5) Density and built-upon limits:
(a) For single-family residential, no residential lot shall be less than 35,000 square feet, where a larger size may be required by the County Health Department, in accordance with “Laws and Rules for Sewage Treatment and Disposal Systems,” North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Health, On-Site Wastewater Section or except within an approved cluster development.
(b) All residential, other than single-family residential, and nonresidential development shall not exceed 24% built-upon area on a project-by-project basis, except nonresidential uses may occupy 10% of the balance of the watershed with up to 70% built-upon area in a project-by-project basis when approved for in § 154.032. For projects with a curb and gutter street system, development shall not exceed 36% built-upon area on a project-by-project basis. 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.
(Ord. 25 § 202, passed 12-6-1993; Am. Ord. passed 9-2-1997) Penalty, see § 154.999