(A)   Setback requirement.
      (1)   All impervious surfaces, except for roads, paths, and water dependent structures, shall be located at least 30 feet landward of all perennial and intermittent surface waters.
      (2)   A perennial or intermittent surface water shall be deemed present if the feature is shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture (USDA) or the most recent complete version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site-specific determination made by the Division of Water Quality, using Division-approved methodology.
   (B)   Land draining to shellfish waters.  All development activities that are located within 75 feet of waters designated by the Environmental Management Commission as estuarine shellfishing waters or 575 feet from designated Outstanding Resource Waters shall be limited to a maximum impervious surface density of 36%.
(Ord. 1538, passed 5-24-07)