(A)

General. The provisions of this article shall apply within the areas designated as a water supply watershed WS-IV-PA by the N.C. Environmental Management Commission which is coterminous with the water supply watershed overlay district. Any subsequent change to the boundaries of the defined WS-IV-PA within the town's jurisdiction shall be automatically incorporated into the water supply watershed overlay district, and any land added to the jurisdiction of this ordinance, by any means, which falls within the WS-IV-PA shall be designated as being within the water supply watershed overlay district upon assumption of jurisdiction by the town.

(B)

Application of density and development 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 this Article 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.

(A)

Nothing contained herein shall repeal, modify, or amend any federal or state law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of this article amend, modify, or restrict any provisions of the Code of Ordinances of the Town of Boiling Springs; however, the adoption of these regulations shall and does amend any and all ordinances, resolutions, and regulations in effect in the Town of Boiling Springs at the time of the adoption of this ordinance that may be construed to impair or reduce the effectiveness of these regulations or to conflict with any of its provisions.

(B)

It is not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control.

(C)

Existing development, is not subject to the requirements of this article in accordance with subsection 13.1.3.

(D)

Expansions to existing development must meet the requirements of this ordinance, except single family residential development unless expansion is part of common plan of development. In an expansion, the built-upon area of the existing development is not required to be included in the density calculations. Where there is a net increase of built upon area, only the area of net increase is subject to this ordinance. Where existing development is being replaced with new built upon area, and there is net increase of built upon area, only areas of net increase shall be subject to this ordinance.

(E)

If a non-conforming lot of record is not contiguous to any other lot owned by the same party, then that lot of record shall not be subject to the development restrictions of this ordinance if it is developed for single-family residential purposes.

(F)

Any lot or parcel created as part of any other type of subdivision that is exempt from regulation shall be subject to the land use requirements (including impervious surface requirements) of these rules, except that such a lot or parcel must meet the minimum buffer requirements to the maximum extent practicable.

Existing development as defined under this article, may be continued and maintained subject to the provisions provided herein. Expansions to structures classified as existing development must meet the requirements of this article, however, the built-upon area of the existing development is not required to be included in the built-upon area calculations. All existing development, whether or not it meets the statewide minimum standards, is exempt from the provisions of this article.

The ordinance administrator shall serve as the watershed administrator, and shall have the following additional duties in the administration of the provisions of this article:

(A)

The watershed administrator shall issue watershed protection permits and watershed protection occupancy permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public inspection during regular office hours of the administrator.

(B)

The watershed administrator shall keep records of all amendments to the local water supply watershed protection ordinance and shall provide copies of all amendments upon adoption to the stormwater branch of the division of energy, mineral, and land resources. For additional information, refer to commentary under Article 300.

(C)

The watershed administrator shall maintain a record of all special intensity allocations and density averaging.

(D)

The watershed administrator shall keep a record of variances to the local water supply watershed protection ordinance. This record shall be submitted for each calendar year to the water quality section of the division of environmental management on or before January 1 ^st of the following year and shall provide a description of each project receiving a variance and the reasons for granting the variance.

(E)

The watershed administrator is responsible for ensuring that stormwater control measures are inspected at least once a year and shall keep a record of SCM inspections.

(A)

Except for single family residential development, no building or built-upon area shall be erected, moved, enlarged or structurally altered, nor shall any building permit be issued nor shall any change in the use of any building or land be made until a watershed protection permit has been issued by the watershed administrator. No watershed protection permit shall be issued except in conformity with the provisions of this article.

(B)

Watershed protection permit applications shall be filed with the watershed administrator. The application shall include a completed application form and supporting documentation deemed necessary by the watershed administrator.

(C)

Prior to issuance of a watershed protection permit, the watershed administrator may consult with qualified personnel for assistance to determine if the application meets the requirements of this ordinance.

(D)

A watershed protection permit shall expire if a building permit or watershed occupancy permit for such use is not obtained by the applicant within one year from the date of issuance.

(A)

The watershed administrator shall issue a watershed protection occupancy permit certifying that all requirements of this article have been met prior to the occupancy or use of a building hereafter erected, altered or moved and/or prior to the change of use of any building or land.

(B)

A Watershed protection occupancy permit, either for the whole or part of a building, shall be applied for coincident with the application for a watershed protection permit and shall be issued or denied within ten business days after the erection or structural alterations of the building. The applicant should notify the watershed administrator and request the permit when building is complete.

(C)

When only a change in use of land or existing building occurs, the watershed administrator shall issue a watershed protection occupancy permit certifying that all requirements of this ordinance have been met coincident with the watershed protection permit.

(D)

If the watershed protection occupancy permit is denied, the watershed administrator shall notify the applicant in writing stating the reasons for denial.

(E)

No building or structure which has been erected, moved, or structurally altered may be occupied until the watershed administrator has approved and issued a watershed protection occupancy permit.

The board of planning and adjustment shall serve as the watershed review board, and shall hear appeals, variances, and requests for special intensity allocations while sitting as the watershed review board.

Appeals of the decisions of the watershed administrator shall be taken in the same manner as any other administrative appeal under this ordinance, except that the watershed review board shall hear such appeal.

Applications for variances from the standards of this article shall be heard by the watershed review board in the same manner as variances from other provisions of this ordinance, except as modified below:

(A)

Limitation on local approval. The watershed review board may grant a minor variance that reduces any standard of this article by up to ten percent for projects developed under the general low-density standards, or by five percent for projects that have received (or are proposed to receive) a special intensity allocation. Major variances granted by the watershed review board that exceed the limits established in this section for a minor variance shall be reviewed and approved by the environmental management commission before the watershed administrator shall be permitted to issue a watershed protection permit based on the reduced standard(s) established in the major variance.

(B)

Review of major variances.

(1)

If the watershed review board decides in favor of granting a major variance, the board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:

i.

The variance application;

ii.

The hearing notices;

iii.

The evidence presented;

iv.

Motions, offers of proof, objections to evidence, and rulings on them;

v.

Proposed findings and exceptions;

vi.

The proposed decision, including all conditions proposed to be added to the permit.

(2)

The preliminary record shall be sent to the environmental management Commission for its review as follows:

i.

If the commission concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted, and (2) the variance, if granted, will not result in a serious threat to the water supply, then the commission shall approve the variance as proposed or approve the proposed variance with conditions and stipulations. The commission shall prepare a commission decision and send it to the watershed review board. If the commission approves the variance as proposed, the board shall prepare a final decision granting the proposed variance. If the commission approves the variance with conditions and stipulations, the board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance.

ii.

If the commission concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner can secure a reasonable return from or make a practical use of the property without the variance or (2) the variance, if granted, will result in a serious threat to the water supply, then the commission shall deny approval of the variance as proposed. The commission shall prepare a commission decision and send it to the watershed review board. The Board shall prepare a final decision denying the variance as proposed.

(C)

Provisions for Variances to Vegetated Setbacks. For Variances to a vegetated setback requirement, the percent variation shall be calculated using the footprint of built-upon area proposed to encroach with the vegetated setback divided by the total area of vegetated setback within the project

(D)

Additional notice required. The watershed administrator shall notify in writing each local government having jurisdiction in the watershed and the entity using the water supply for consumption. Such notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the watershed administrator prior to a decision by the watershed review board. Such comments shall become a part of the record of proceedings of the watershed review board.

(E)

Expiration. A variance issued in accordance with this section shall be considered a watershed protection permit and shall expire if a building permit or watershed occupancy permit for such use is not obtained by the applicant within six months from the date of the decision.

Where uncertainty exists as to the boundaries of the watershed areas, as shown on the watershed map, the following rules shall apply:

(A)

Where area boundaries are indicated as approximately following either street, alley, railroad or highway lines or centerlines thereof, such lines shall be construed to be said boundaries.

(B)

Where area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. However, a surveyed plat prepared by a professional land surveyor may be submitted to the town as evidence that one or more properties along these boundaries do not lie within the watershed area.

(C)

Where the watershed area boundaries lie at a scaled distance more than 25 feet from any parallel lot line, the location of watershed area boundaries shall be determined by use of the scale appearing on the watershed map. The environmental management commission adopted this provision with intention of locating built-upon surface area in the least environmentally sensitive area of the project.

(D)

Where the watershed area boundaries lie at a scaled distance of 25 feet or less from any parallel lot line, the location of watershed area boundaries shall be construed to be the lot line.

(E)

Where other uncertainty exists, the watershed administrator shall interpret the watershed map as to location of such boundaries. This decision may be appealed to the watershed review board.

(A)

The watershed administrator shall enforce the provisions of this article in accordance with the general enforcement provisions of this ordinance. In addition, the following shall apply:

(B)

In addition to the standard remedies available under the enforcement provisions of the UDO, the N.C. Environmental Management Commission may assess civil penalties in accordance with G.S. § 143-215.6(a). Each day that the violation continues shall constitute a separate offense.

In addition to the general standards of this ordinance regulating land subdivision, the following standards shall apply to all proposed subdivisions within the water supply watershed overlay district.

(A)

All lots shall provide adequate building space in accordance with the development standards contained in section 13.2. Lots smaller than the minimum required for residential lots may be developed using built-upon area criteria in accordance with subsection 13.2.3.

(B)

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)

The subdivider shall provide a drainage system that diverts stormwater runoff away from surface waters, incorporates storm water control measures to minimize water quality impacts, and meets any local requirements.

(D)

Where possible, roads should be located outside of watershed vegetated conveyance areas. Roads constructed within these areas shall be designed and constructed to minimize their impact on water quality.

As set forth in 15A NCAC 02B.0216(3)(a), no sewage, industrial wastes, non-process industrial wastes, or other waste producing use may be established, unless otherwise permitted under 15A NCAC 02B .0104.

(A)

Project density. The following maximum allowable project densities and minimum lot sizes shall apply:

(1)

Single-family detached residential development shall not exceed two dwelling units per acre OR one dwelling unity per 20,000 square foot lot, exclusive of road right-of-way OR 24 percent built-upon area.

(2)

All other development shall not exceed a maximum of 24 percent built-upon area unless a special intensity allocation, as provided in subsection 13.3.4, in which case it may not exceed a maximum of 70 percent built-upon area.

(B)

Calculation of project density. The following requirements shall apply to the calculation of project density:

(1)

Project density shall be calculated as the total built-upon area divided by the total project area;

(2)

A project with "existing development," as that term is defined in 15A NCAC 02B.0621, may use the calculation method in sub-item (1) of this Item or may calculate project density as the difference of total built-upon area minus existing built-upon area divided by the difference of total project area minus existing built-upon area.

(3)

Expansions to existing development shall be subject to 15A NCAC 02B.0624 except as excluded in Rule 15A NCAC 02B.0622(1)(d).

(4)

Where there is a net increase of built-upon area, only the area of net increase shall be subject to 15A NCAC 02B.0624.

(5)

Where existing development is being replaced with new built-upon area, and there is a net increase of built-upon area, only the area of net increase shall be subject to 15A NCAC 02B.0624;

(6)

Projects under a common plan of development shall be considered as a single project for purposes of density calculation.

(A)

Procedures. The board of planning and adjustment, acting as the watershed review board, shall review and approve applications for special intensity allocation in accordance with the minimum standards for such established in (B) below.

(B)

Minimum standards for allocation. To qualify for a special intensity allocation, a project shall be required to score a minimum of 200 points based on the following criteria:

(C)

Effect of special intensity allocation. The granting of a special intensity allocation shall permit the development of the parcel(s) subject to the allocation at the density and built-upon area specified in the development plans, up to a maximum of 70 percent built-upon area.

Cluster development is allowed under the following conditions:

(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. Density or built-upon area for the project shall not exceed that allowed for the critical area, balance of watershed or protected area, whichever applies.

(B)

All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas.

(C)

Areas of concentrated density development shall be located in upland area and away, to the maximum extent practicable, from surface waters and drainageways.

(D)

The remainder of the tract shall remain in a vegetated or natural state. The title to the open space area shall be conveyed to an incorporated homeowners association for management; to a local government for preservation as a park or open space; or to a conservation organization for preservation in a permanent easement. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds.

(E)

Cluster developments that meet the applicable low-density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable.

In addition to complying with the project density requirements of subsection 13.2.3, all projects within the water supply watershed overlay shall comply with the following:

(A)

Vegetative setbacks.

(1)

A minimum 100-foot vegetative setback is required for all new development activities that receive a special intensity allocation; otherwise, a minimum 30-foot vegetative setback for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps. Artificial streambank or shoreline stabilization is permitted.

(2)

Where USGS topographic maps do not distinguish between perennial and intermittent streams, an on-site stream determination may be performed by an individual qualified to perform such stream determinations.

(3)

No new development is allowed in the vegetative setback except for water dependent structures, other structures such as flag poles, signs and security lights which result in only diminutive increases in impervious area and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of stormwater best management practices.

(B)

Vegetated conveyances. Stormwater runoff from the project shall be released to vegetated areas as dispersed flow or transported by vegetated conveyances to the maximum extent practicable. In determining whether this requirement has been met, site-specific factors such as topography and site layout, as well as protection of water quality shall be considered. Vegetated conveyances shall be maintained in perpetuity to ensure that they function as designed. Vegetated conveyances that meet the following criteria shall be deemed to satisfy the requirements of this provision:

(1)

Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless it is demonstrated to the local government that the soils and vegetation will remain stable in perpetuity based on engineering calculations and on-site soil investigation; and

(2)

The conveyance shall be designed so that it does not erode during the peak flow from the 10-year storm event as demonstrated by engineering calculations.

(C)

Curb outlet systems. Where utilized, curb outlet systems shall meet the following requirements:

(1)

The curb outlets shall be located such that the swale or vegetated area can carry the peak flow from the ten-year storm and at a non-erosive velocity;

(2)

The longitudinal slope of the swale or vegetated area shall not exceed five percent except where not practical due to physical constraints. In these cases, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery shall be provided;

(3)

The swale's cross section shall be trapezoidal with a minimum bottom width of two feet;

(4)

The side slopes of the swale or vegetated area shall be no steeper than 3:1 (horizontal to vertical); and

(5)

The minimum length of the swale or vegetated area shall be 100 feet.

An applicant may average development density on up to two noncontiguous properties for purposes of achieving compliance with the water supply watershed development standards

The following standards shall be met to qualify to use density averaging:

(A)

The properties are within the same water supply watershed. If one of the properties is located in the critical area of the watershed, the critical area property shall not be developed beyond the applicable density requirements for its classification.

(B)

Overall project density meets applicable density or stormwater control requirements under 15A NCAC 2B.0200.

(C)

Vegetated setbacks on both properties meet the minimum statewide water supply watershed protection requirements.

(D)

Built upon areas are designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas.

(E)

Areas of concentrated density development are located in upland areas and, to the maximum extent practicable, away from surface waters and drainageways.

(F)

The property or portions of the properties that are not being developed will remain in a vegetated or natural state and will be managed by a homeowners' association as common area, conveyed to a local government as a park or greenway, or placed under a permanent conservation or farmland preservation easement unless it can be demonstrated that the local government can ensure long-term compliance through deed restrictions and an electronic permitting mechanism. A metes and bounds description of the areas to remain vegetated and limits on use shall be recorded on the subdivision plat, in homeowners' covenants, and on individual deed and shall be irrevocable.

(G)

Development permitted under density averaging and meeting applicable low-density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable.

(H)

A special use permit shall be required to ensure that both properties considered together meet the standards of the watershed ordinance and that potential owners have record of how the watershed regulations were applied to the properties.

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.

(A)

The watershed administrator shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality.

(B)

The watershed administrator shall report all findings to the watershed review board.

(C)

Where the watershed review 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.