The purpose of this chapter is to implement the provisions of G.S. art. 21, ch. 143, which delegates the responsibility to local government to adopt a set of minimum criteria designed to minimize the impact of land use practices on surface waters used as a source for raw drinking water.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated, when used in this chapter:

Agricultural use. The use of waters for stock watering, irrigation, and other farm purposes.

Animal unit. A unit of measurement developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations.

Best management practices (BMP). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.

Buffer. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.

Built-upon area. An area that consists of that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities (e.g., tennis courts), etc. (Wooden slatted decks and the water area of a swimming pool are considered pervious.)

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 land.

Composting facility. A facility in which only stumps, limbs, leaves, grass and untreated wood collected from land clearing or landscaping operations is deposited.

Critical area. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending one-half mile upstream from, and draining to, the intake located directly in the river.

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 of 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 North Carolina law as of the effective date of this chapter based on at least one of the following criteria:

(1)

Having expended substantial resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project, or

(2)

Having an outstanding valid building permit which has not expired in accordance with the provisions of G.S. 160A-418 or which has not been revoked in accordance with the provisions of G.S. 160A-422, or

(3)

Having expended substantial resources (time, labor, money) and having an approved site specific or phased development plan as authorized by article XXII.

Existing lot (lot of record). A lot which is part of a subdivision, a plat of which has been recorded in the office of the register of deeds prior to the adoption of this chapter, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of this chapter.

Hazardous material. Any substance listed as such in: SARA section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or section 311 of CWA (oil and hazardous substances).

Industrial development. Any nonresidential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity.

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 chapter this term does not include composting facilities.

Major variance. A variance that results in any one or more of the following:

(1)

The complete waiver of a management requirement;

(2)

The relaxation, by a factor of more than ten percent, of any management requirement that takes the form of a numerical standard;

(3)

The relaxation of any management requirement that applies to a development proposal intended to qualify under the high-density option.

Minor variance. A variance that does not qualify as a major variance.

Nonresidential development. All development other than residential development, agriculture and silviculture.

Plat. A map or plan or a parcel of land which is to be, or has been subdivided.

Protected area. The area adjoining and upstream of the critical area. The boundary of the protected area extends ten miles upstream and, draining to, the intake located directly on the river. For purposes of this chapter, the boundary of the protected area extends only to the boundary of the City of Lumberton or its extraterritorial jurisdiction.

Residential development. Those projects which consist of buildings for residence such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their associated outbuildings such as garages, storage buildings, gazebos, etc., and customary home occupations.

Street/road. A right-of-way for vehicular traffic which affords the principal means of access to abutting properties.

Toxic substance. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their off spring or other adverse health effects.

Variance. A permission to develop or use property granted by the board of adjustment relaxing or waiving a water supply watershed management requirement adopted by the environmental management commission that is incorporated into this chapter.

Water dependent structure. Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purpose, 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).

Watershed administrator. An official or designated person of the city responsible for administration and enforcement of this chapter.

(Ord. No. 1397, 6-28-93; Ord. No. 1429, § 1, 1-24-94; Ord. No. 2021.06.02 , 6-9-21)

The provisions of this chapter shall apply within the areas designated as a public water supply watershed by the N.C. Environmental Management Commission and shall be defined and established on the map entitled, "Watershed Protection Map of Lumberton, North Carolina" ("the watershed map"), which is adopted simultaneously herewith. The watershed map and all explanatory matter contained thereon accompanies and is hereby made a part of this chapter. This article shall be permanently kept on file in the office of the city clerk and the department of planning and neighborhood services.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(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 provisions of this chapter amend, modify or restrict any provisions of the Code of the City of Lumberton, North Carolina; however, the adoption of this chapter shall and does amend any and all ordinances, resolutions, and regulations in effect in the City of Lumberton at the time of the adoption of this chapter that may be construed to impair or reduce the effectiveness of this chapter 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, as defined in this chapter, is not subject to the requirements of this chapter. Expansions to existing development must meet the requirements of this chapter; however, the built-upon area of the existing development is not required to be included in the density calculations.

(d)

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 this chapter. However, this exemption is not applicable to multiple contiguous lots under single ownership.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

Any person violating any provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with NCGS 14-4. The maximum fine for each offense shall not exceed $500.00. Each day that the violation continues shall constitute a separate offense.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

If any subdivision, development and/or land use is found to be in violation of this chapter, the watershed administrator may, in addition to all other remedies available either in law or in equity, institute a civil penalty in the amount of $50.00, action or proceedings to restrain, correct, or abate the violation; to prevent occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises. In addition, 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.

(b)

If the watershed administrator finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. He shall order discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. A ruling of the watershed administrator may be appealed by the aggrieved party or parties to the board of adjustment.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

This article shall take effect and be in force on July 1, 1993.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

No subdivision plat of land within the public water supply watershed shall be filed or recorded by the register of deeds until it has been approved in accordance with the provisions of this chapter. Likewise, the clerk of superior court shall not order or direct the recording of a plat if the recording of such plat would be in conflict with this chapter.

(b)

The approval of a plat does 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)

All subdivisions shall conform with the mapping requirements contained in G.S. 47-30.

(d)

All subdivisions of land within the jurisdiction of the city after the effective date of this chapter shall require a plat to be prepared, approved, and recorded pursuant to this chapter.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

All proposed subdivisions shall be reviewed prior to recording with the register of deeds by submitting a vicinity map to the watershed administrator to determine whether or not the property is located within the designated public water supply watershed. Subdivisions that are not within the designated watershed area shall not be subject to the provisions of this chapter and may be recorded provided the watershed administrator initials the vicinity map. In addition, subdivisions within a WS-IV watershed are subject to the provisions of this chapter only when an erosion and sedimentation plan is required under the provisions of state law, or approved local program. Subdivisions within the designated watershed area shall comply with the provisions of this chapter and all other state and local requirements that may apply.

(b)

Subdivision applications shall be filed with the watershed administrator. The application shall include a completed application form, four copies of the plat and supporting documentation deemed necessary by the watershed administrator.

(c)

The watershed administrator shall review the completed application and submit recommendations to the watershed review board for further review and final action. The watershed review board shall either approve, approve conditionally or disapprove each application by a majority vote of the members present and voting. First consideration of the application shall be at the next regularly scheduled meeting of the board after the application is submitted. The board shall take final action within 65 days of its first consideration. The watershed administrator or the board may provide public agencies an opportunity to review and make recommendations. However, failure of the agencies to submit their comments and recommendations shall not delay the board's action within the prescribed time limit. Said public agencies may include, but are not limited to, the following:

(1)

The district highway engineer with regard to proposed streets and highways.

(2)

The director of the health department with regard to proposed private water system or sewer systems normally approved by the health department.

(3)

The state division of environmental management with regard to proposed sewer systems normally approved by the division, engineered stormwater controls or stormwater management in general.

(4)

Any other agency or official designated by the watershed administrator or watershed review board.

(d)

If the watershed review board approves the application, such approval shall be indicated on the original plat by the following certificate and signed by the watershed administrator:

Certificate of Approval for Recording

I certify that the plat shown hereon complies with the watershed protection ordinance and is approved by the watershed review board for recording in the register of deeds office.

Notice: This property is located within a public water supply watershed—Development restrictions may apply.

(e)

If the watershed review board disapproves or approves conditionally the application, the reasons for such action shall be stated in writing for the applicant and entered in the minutes. The subdivider may make changes and submit a revised plan which shall constitute a separate request for the purpose of review.

(f)

All subdivision plats shall comply with the requirements for recording of the Robeson County register of Deeds.

(g)

The watershed administrator shall record the subdivision plat with the register of deeds within 30 days of its being approved.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

All lots shall provide adequate building space in accordance with the development standards contained in division 3. Lots which are smaller than the minimum required for residential lots shall be identified on the plat as "NOT FOR RESIDENTIAL PURPOSES."

(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)

Stormwater drainage facilities. The application shall be accompanied by a description of the proposed method of providing stormwater drainage. The subdivider shall provide a drainage system that diverts stormwater runoff away from surface waters and incorporates best management practices to minimize water quality impacts.

(d)

Erosion and sedimentation control. The application shall be accompanied by a written statement that a sedimentation and erosion control plan has been submitted to and approved by the N.C. Division of Land Quality.

(e)

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

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

No construction or installation of improvements shall commence in a proposed subdivision until a subdivision plat has been approved by the watershed review board.

(b)

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 subdivider, prior to commencing any work within the subdivision, shall make arrangements with the watershed administrator to provide for adequate inspection.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

Any person who, being the owner or agent of the owner of any land located within the jurisdiction of the city, thereafter subdivides his 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 chapter 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.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

For purposes of this chapter, the watershed protection area within the city's planning jurisdiction is hereby divided into the following areas, as appropriate:

WS-IV-CA (Critical area).

WS-IV-PA (Protected area).

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

WS-IV watershed areas—Critical area (WS-IV-CA). Only new development activities that require an erosion/sedimentation control plan under state law or approved local program are required to meet the provisions of this chapter when located in the WS-IV watershed. In order to address a moderate to high land use intensity pattern, single-family residential uses are allowed at a maximum of two dwelling units per acre with a minimum lot size of 20,000 square feet. All other residential and nonresidential development shall be allowed 24 percent built-upon area. New sludge application sites and landfills are specifically prohibited.

(1)

Permissible 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 ten-foot vegetative buffer, or equivalent control as determined by the 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 II.6101-.0209).

c.

Residential.

d.

Nonresidential development, excluding:

1.

The storage of toxic and hazardous materials unless a spill containment plan is implemented,

2.

Landfills, and

3.

Sites for land application of sludge residuals or petroleum contaminated soils.

(2)

Density and built-upon limits.

a.

Single-family residential. Development shall not exceed two dwelling units per acre with a minimum lot sized of 20,000 square feet on a project by project basis. No residential lot shall be less than 20,000 square feet, except within an approved cluster development.

b.

All other residential and nonresidential. Development shall not exceed 24 percent built-upon area on a project by project basis. For the purpose of calculating the built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.

(b)

WS-IV watershed areas—Protected area (WS-IV-PA). Only new development activities that require an erosion/sedimentation control plan under state law or approved local government program are required to meet the provisions of this chapter when located in the WS-IV watershed. In order to address a moderate to high land use intensity pattern, single-family residential uses shall develop at a maximum of two dwelling units per acre with a minimum lot size of 20,000 square feet. All other residential and nonresidential development shall be allowed at a maximum of 24 percent built-upon area. A maximum of three dwelling units per acre with a minimum lot size of 15,000 square feet or 36 percent built-upon is allowed for projects without a curb and gutter street system.

(1)

Permissible 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 (15 NCAC 1I.6101-.0209).

c.

Residential development.

d.

Nonresidential development, excluding the storage of toxic and hazardous materials unless a spill containment plan is implemented.

(2)

Density and built-upon limits.

a.

Single-family residential. Development shall not exceed two dwelling units per acre with a minimum lot size of 20,000 square feet on a project by project basis. No residential lot shall be less than 20,000 square feet, or 15,000 square feet for projects without a curb and gutter system, except within an approved cluster development.

b.

All other residential and nonresidential. Development shall not exceed 24 percent built-upon area on a project by project basis. For projects without a curb and gutter street system, development shall not exceed 36 percent 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. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

Clustering of development is allowed in all watershed areas under the following conditions:

(1)

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 in section 35-363. Built-upon area or stormwater control requirements of the project shall not exceed that allowed for the critical area or protected area, whichever applies.

(2)

All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow.

(3)

The remainder of the tract shall remain in a vegetated or natural state. Where the development has an incorporated property owners association, the title of the open space area shall be conveyed to the association for management. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds.

(Ord. No. 1397, 6-28-93; Ord. No. 1429, § 2, 1-24-94; Ord. No. 2021.06.02 , 6-9-21)

(a)

A minimum of 100-foot vegetative buffer is required for all new development activities that exceed the low-density option; otherwise, a minimum 30-foot vegetative buffer 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 or as determined by local government studies. Desirable artificial streambank or shore line 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 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.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

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

(1)

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.

(2)

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 registered land surveyor may be submitted to the city as evidence that one or more properties along these boundaries do not lie within the watershed area.

(3)

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.

(4)

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.

(5)

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 board of adjustment.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

No buildings 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.

(b)

No area required for the purpose of complying with the provisions of this chapter shall be included in the area required for another building.

(c)

Every residential building hereafter erected, moved or structurally altered shall be located on a lot which conforms to the regulations herein specified, except as permitted in section 35-368.

(d)

If a use or class of use is not specifically indicated as being allowed in a watershed area, such use or class of use is prohibited.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

Any existing development as defined in this chapter, may be continued and maintained subject to the provisions provided herein. Expansions to existing development must meet the requirements of this chapter, however, the built-upon area of the existing development is not required to be included in the density calculations.

(1)

Vacant lots. This category consists of vacant lots for which plats or deeds have been recorded in the office of the Register of Deeds of Robeson 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 chapter the watershed administrator is authorized to issue a watershed protection permit.

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 chapter 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 chapter, or if this is impossible, reduce to the extent possible the nonconformity of the lots.

(2)

Occupied lots. This category consists of lots, occupied for residential purposes at the time of the adoption of this chapter. These lots may continue to be used provided that whenever two or more adjoining lots of record, one of which is occupied, are in single ownership at any time after the adoption of this chapter, and such lots individually or together have less area than the minimum requirements for residential purposes for the watershed area in which they are located, such lots shall be combined to create lots which meet the minimum size requirements or which minimize the degree of nonconformity.

(3)

Uses of land. This category consists of uses existing at the time of adoption of this chapter where such use of the land is not permitted to be established hereafter in the watershed area in which it is located. Such uses may be continued except as follows:

a.

When such use of land has been changed to a permissible use, it shall not thereafter revert to any prohibited use.

b.

Such use of land shall be changed only to a permissible use.

c.

When such use is discontinued for a consecutive period of 180 days, 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 restrictions on single-family residential development, provided:

a.

Repair or reconstruction is initiated within 12 months and completed within two years of such 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.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

Except where a single-family residence is constructed on a lot deeded prior to the effective date of this chapter, 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 chapter.

(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 chapter.

(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 12 months from the date of issuance.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

Except for a single-family residence constructed on a lot deeded prior to the effective date of this chapter, no permit required under the North Carolina State Building Code shall be issued for any activity for which a watershed protection permit is required until that permit has been issued.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

The watershed administrator shall issue a watershed protection occupancy permit certifying that all requirements of this chapter have been met prior to the occupancy or use of a building or stormwater control structure 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 days after the issuance of a certificate of occupancy by the building inspector.

(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 chapter 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.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

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. Such 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. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(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 may consult with any public agency or official and request recommendations.

(c)

Where the watershed administrator finds a threat to water quality and the public health, safety and welfare, the administrator shall institute any appropriate action or proceeding to restrain, correct or abate the condition and/or violation.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

The director of planning and neighborhood services shall be the watershed administrator, and shall be duly sworn. It shall be the duty of the watershed administrator to administer and enforce the provisions of this chapter as follows:

(1)

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.

(2)

The watershed administrator shall serve as clerk to the watershed review board.

(3)

The watershed administrator shall keep records of all amendments to the local water supply watershed protection article and shall provide copies of all amendments upon adoption to the supervisor of the classification and standards group, water quality section, division of environmental management.

(4)

The watershed administrator is granted the authority to administer and enforce the provisions of this chapter, exercising in the fulfillment of his responsibility the full police power of the city. The watershed administrator, or his duly authorized representative, may enter any building, structure, or premises, as provided by law, to perform any duty imposed upon him by this chapter.

(5)

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

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

Any order, requirement, decision or determination made by the watershed administrator may be appealed to and decided by the board of adjustment.

(b)

An appeal from a decision of the watershed administrator must be submitted to the board of adjustment within 30 days from the date the order, interpretation, decision or determination is made. All appeals must be made in writing stating the reasons for appeal. Following submission of an appeal, the watershed administrator shall transmit to the board all papers constituting the record upon which the action appealed from was taken.

(c)

An appeal stays all proceedings in furtherance of the action appealed, unless the watershed administrator certifies to the board after notice to appeal has been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application of notice of the watershed administrator and upon due cause shown.

(d)

The board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties and shall decide the same within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

Amendments, supplements and changes to this chapter shall comply with the watershed protection rules as adopted by the N.C. Environmental Management Commission. All amendments must be filed with the N.C. Division of Environmental Management, N.C. Division of Environmental Health, and the N.C. Division of Community Assistance.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

Before adopting or amending this chapter, the city council shall hold a public hearing on the proposed changes. A notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than ten nor more than 25 days before the date fixed for the hearing.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

The city council shall serve as the watershed review board.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

Administrative review. The board of adjustment shall hear and decide appeals from any decision or determination made by the watershed administrator in the enforcement of this chapter.

(b)

Minor variances. The board of adjustment shall have the power to authorize, in specific cases, minor variances from the terms of this chapter consistent with the provisions of section 35-92. The city shall notify and allow a reasonable comment period for all other local governments having jurisdiction in the designated watershed where the variance is being considered and all entities using said watershed for water consumption. If a variance is issued in accordance with this section, it 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.

(c)

Major variances. The board of adjustment shall have the power to authorize, in specific cases, major variances from the terms of this chapter consistent with the provisions of this subsection and section 35-92. If an application calls for the granting of a major variance, and if the board decides in favor of granting the variance, the board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:

(1)

The variance application;

(2)

The hearing notices;

(3)

The evidence presented;

(4)

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

(5)

Proposed findings and exceptions;

(6)

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

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

(1)

If the commission concludes from the preliminary record that the variance qualifies as a major variance and that:

a.

The property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted, and

b.

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 board of adjustment. 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.

(2)

If the commission concludes from the preliminary record that the variance qualifies as a major variance and that:

a.

The property owner can secure a reasonable return from or make a practical use of the property without the variance, or

b.

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 board of adjustment. The board shall prepare a final decision denying the variance as proposed.

(Ord. No. 1397, 6-28-93; Ord. No. 1429, § 3, 1-24-94; Ord. No. 2021.06.02 , 6-9-21)

Appeals from the board of adjustment must be filed with the superior court within 30 days from the date of the decision. The decisions by the superior court will be in the nature of certiorari.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

The watershed review board may approve high density development proposals consistent with the following standards:

(1)

WS-IV watershed area—Critical area (WS-IV-CA). Where new development requires a sedimentation/erosion control plan and exceeds either two dwellings per acre or 24 percent built-upon area, engineered stormwater controls shall be used to control runoff from the first inch of rainfall and development shall not exceed 50 percent built-upon area.

(2)

WS-IV watershed area—Protected area (WS-IV-PA). Where new development requires a sedimentation/erosion control plan and exceeds either two dwelling units per acre, 24 percent built-upon area or three dwelling units per acre or 36 percent built-upon area for projects without curb and gutter street system, engineered stormwater controls shall be used to control runoff from the first inch of rainfall and development shall not exceed 70 percent built-upon area.

(b)

High density development may be permitted by special use permit, consistent with the provisions of article IV.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

A high-density development permit shall be required for new development exceeding the requirements of the low-density option.

(b)

Application for a high-density development permit shall be addressed and submitted to the watershed review board through the watershed administrator. Application for a high-density development permit shall be made on the proper form and shall include the following information:

(1)

A completed high-density development permit application signed by the owner of the property. The signature of the consulting engineer or other agent will be accepted on the application only if accompanied by a letter of authorization;

(2)

Four reproducible copies of the development plan within the drainage basin including detailed information concerning built-upon area;

(3)

Two reproducible copies of the plans and specifications of the stormwater control structure consistent with section 35-383;

(4)

Written verification that a soil erosion and sedimentation control plan has been approved by the appropriate state or local agency;

(5)

Permit application fees consistent with section 35-386.

(c)

Prior to taking final action on any application, the board or the watershed administrator may provide an opportunity to public agencies affected by the development proposal to review and make recommendations on the application. However, failure of the agencies to submit their comments and recommendations shall not delay the board's action within the prescribed time limit.

(d)

The board shall issue a written ruling and make copies available at the office of the watershed administrator and the city clerk.

(1)

If the board approves the application based on its findings, such approval shall be indicated on the permit and both copies of the site plan and both copies of the plans and specifications of the stormwater control structures. A high-density development permit shall be issued after the applicant posts a performance bond or other acceptable security as required in section 35-384 and executes an operation and maintenance agreement as required in section 35-384(c). A copy of the permit and one copy of each set of plans shall be kept on file at the watershed administrator's office. The original permit and one copy of each set of plans shall be delivered to the applicant either by personal service or registered mail, return receipt requested.

(2)

Reserved.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

All stormwater control structures shall be designed by either a North Carolina registered professional engineer or landscape architect, to the extent that the G.S. ch. 89A, allow. Other stormwater systems shall be designed by a North Carolina registered professional with qualifications appropriate for the type of system required; these registered professionals are defined as professional engineers, landscape architects, to the extent that the G.S. ch. 89A allow and land surveyors to the extent that the design represents incidental drainage within a subdivision, as provided in G.S. 89(C)-3(7).

(b)

All stormwater controls shall use wet detention ponds as a primary treatment system. Wet detention ponds shall be designed for specific pollutant removal according to modeling techniques approved by the North Carolina Division of Environmental Management. Specific requirements for these systems shall be in accordance with the following criteria:

(1)

Wet detention ponds shall be designed to remove 85 percent of total suspended solids in the permanent pool and storage runoff from a one-inch rainfall from the site above the permanent pool;

(2)

The designed runoff storage volume shall be above the permanent pool;

(3)

The discharge rate from these systems following the one-inch rainfall design storm shall be such that the runoff does not draw down to the permanent pool level in less than two days and that the pond is drawn down to the permanent pool level within at least five days;

(4)

The mean permanent pool depth shall be a minimum of three feet;

(5)

The inlet structure shall be designed to minimize turbulence using baffles or other appropriate design features;

(6)

Vegetative filters shall be constructed for the overflow and discharge of all stormwater wet detention ponds and shall be at least 30 feet in length. The slope and width of the vegetative filter shall be determined so as to provide a non-erosive velocity of flow-through the filter for a ten-year, 24-hour storm with a ten-year, one-hour intensity with a slope of five percent or less. Vegetation in the filter shall be natural vegetation, grasses or artificially planted wetland vegetation appropriate for the site characteristics.

(c)

In addition to the vegetative filters required in section 35-383(b)(6), all land areas outside of the pond shall be provided with a ground cover sufficient to restrain erosion within 30 days after any land disturbance. Upon completion of the stormwater control structure, a permanent ground cover shall be established and maintained as part of the maintenance agreement described in section 35-384(c).

(d)

A description of the area containing the stormwater control structure shall be prepared and filed consistent with section 35-385, as a separate deed with the Robeson County Register of Deeds along with any easement necessary for general access to the stormwater control structure. The deeded area shall include the detention pond, vegetative filters, all pipes and water control structures, berms, dikes, etc., and sufficient area to perform inspections, maintenance, repairs and reconstruction.

(e)

Qualifying areas of the stormwater control structure may be considered pervious when computing total built-upon area. However, if the structure is used to compute the percentage built-upon area for one site, it shall not be used to compute the built-upon area for any other site or area.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

All new stormwater control structures shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs or reconstruction necessary for adequate performance of the stormwater control structures.

(b)

Financial assurances shall be in the form of the following:

(1)

Security performance bond or other security. The permit applicant shall obtain either a performance bond from a surety bonding company authorized to do business in North Carolina, an irrevocable letter of credit or other instrument readily convertible into cash at face value payable to city or placed in escrow with a financial institution designated as an official depository of the city. The bond or other instrument shall be in an amount equal to one and one quarter times the total cost of the stormwater control structure, as estimated by the applicant and approved by the watershed review board. The total cost of the stormwater control structure shall include the value of all materials such as piping and other structures; seedings and soil stabilization; design and engineering; and grading, excavation, fill, etc. The costs shall not be prorated as part of a larger project, but rather under the assumption of an independent mobilization.

(2)

Cash or equivalent security deposited after the release of the performance bond. Consistent with section 35-387(c)(1), the permit applicant shall deposit with the city either cash or other instrument approved by the board that is readily convertible into cash at face value. The cash or security shall be in an amount equal to 15 percent of the total cost of the stormwater control structure or the estimated cost of maintaining the stormwater control structure over a ten-year period, whichever is greater. The estimated cost of maintaining the stormwater control structure shall be consistent with the approved operation and maintenance plan or manual provided by the developer under section 35-385(a). The amount shall be computed by estimating the maintenance cost for 25 years and multiplying this amount by 2/5 or 0.4.

(c)

Consistent with section 35-385, the permit applicant shall enter into a binding operation and maintenance agreement between the city and all interests in the development. Said agreement shall require the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the operation and maintenance plan or manual provided by the developer. The city manager is hereby authorized to execute the operation and maintenance agreement in behalf of the city. The operation and maintenance agreement shall be filed with the Robeson County Register of Deeds by the watershed administrator.

(d)

Default under the performance bond or other security. Upon default of the permit applicant to complete and/or maintain the stormwater control structure as enumerated in the performance bond or other security, the city may obtain and use all or any portion of the funds necessary to complete the improvements based on an engineering estimate. The city shall return any funds not spent in completing the improvements to the owning entity.

(e)

Default under the cash security. Upon default the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the operation and maintenance agreement, the city shall obtain and use all or any portion of the cash security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after exhausting all other reasonable remedies seeking the owning entity to comply with the terms and conditions of the operation and maintenance agreement. The city shall not return any of the deposited cash funds.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure, indicating what operation and maintenance actions are needed, what specific quantitative criteria will be used for determining when those actions are to be taken and, consistent with the operation and maintenance agreement, who is responsible for those actions. The plan shall clearly indicate the steps that will be taken for restoring a stormwater control structure to design specifications if a failure occurs.

(b)

Landscaping and grounds management shall be the responsibility of the owning entity. However, vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened, or to the extent of interfering with any easement or access to the stormwater control structure.

(c)

With the exception of general landscaping and grounds management, the owning entity shall notify the watershed administrator prior to any repair or reconstruction of the stormwater control structure. All improvements shall be made consistent with the approved plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. The watershed administrator shall inspect the improvements during construction and shall inform the owning entity of any required additions, changes or modifications and of the time period to complete said improvements. It shall be the responsibility of the owning entity to request inspection of any improvements pursuant to a schedule established by the watershed administrator. The watershed administrator may consult with an engineer or landscape architect (to the extent that the G.S. ch. 89A, allow) designated by the board.

(d)

Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual shall be approved by the board. Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent that the G.S. ch. 89A, allow) and submitted to and reviewed by the watershed administrator prior to consideration by the board.

(1)

If the board approves the proposed changes, the owning entity of the stormwater control structure shall file sealed copies of the revisions with the watershed administrator.

(2)

If the board disapproves the changes, the proposal may be reviewed and resubmitted to the board as a new proposal. If the proposal has not been revised and is essentially the same as that already reviewed, it shall be returned to the applicant.

(e)

If the board finds that the operation and maintenance plan or manual is inadequate for any reason, the board shall notify the owning entity of any required changes and shall prepare and file copies of the revised agreement with the Robeson County Register of Deeds, the watershed administrator and the owning entity.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

Processing and inspection fees shall be submitted in the form of a check or money order made payable to the City of Lumberton. Applications shall be returned if no accompanied by the required fee.

(b)

A permit and inspection fee schedule, as approved by the city council, shall be posted in the office of the watershed administrator.

(c)

Inspection fees shall be valid for 60 days. An inspection fee shall be required when improvements are made to the stormwater control structure consistent with section 35-385(c).

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

(a)

The stormwater control structure shall be periodically inspected by the watershed administrator during construction. Upon final inspection, the owning entity shall provide:

(1)

The signed deed, related easements and survey plat for the stormwater control structure ready for filing with the Robeson County Register of Deeds;

(2)

A certification sealed by an engineer or landscape architect (to the extent that the G.S. ch. 89A, allow) stating that the stormwater control structure is complete and consistent with the approved plans and specifications.

(b)

The watershed administrator shall present the materials submitted by the developer and the inspection report and recommendations to the watershed review board at its next regularly scheduled meeting.

(1)

If the board approves the inspection report and accepts the certification, deed and easements, the board shall file the deed and easements with the Robeson County Register of Deeds. The board may release a maximum of 75 percent of the value of the performance bond or other security and issue a watershed protection occupancy permit for the stormwater control structure, consistent with section 35-371.

(2)

If deficiencies are found, the board shall direct that improvements and inspections be made and/or documents corrected and resubmitted to the board.

(c)

No sooner than one year after the filing date of the deed, easements and maintenance agreement, the developer may petition the board to release the remaining value of the performance bond or other security. Upon receipt of said petition, the watershed administrator shall inspect the stormwater control structure to determine whether the controls are performing as designed and intended. The watershed administrator shall present the petition, inspection report and recommendations to the board.

(1)

If the board approves the report and accepts the petition, the developer shall deposit with the board a cash amount equal to that described in section 35-384(b)(2) after which, the board shall release the performance bond or other security.

(2)

If the board does not accept the report and rejects the petition, the board shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release of the performance bond or other security.

(d)

A watershed protection occupancy permit shall not be issued for any building within the permitted development until the board has approved the stormwater control structure, as provided in section 35-387(b).

(e)

All stormwater control structures shall be inspected at least annually to determine whether the controls are performing as designed and intended. Records of inspection shall be maintained on forms approved or supplied by the North Carolina Division of Environmental Management. Annual inspections shall begin within one year of filing date of the deed for the stormwater control structure.

(f)

In the event the watershed administrator discovers the need for corrective action or improvements, the watershed administrator shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed. All improvements shall be made consistent with the plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the watershed administrator shall inspect and approve the completed improvements. The watershed administrator may consult with an engineer or landscape architect (to the extent that the G.S. ch. 89A, allow) designated by the board.

(g)

Appeals of any order, requirement, decision or determination made by the watershed administrator may be made to and decided by the watershed review board.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)

In addition to the remedies described in division 1 of this chapter and consistent with G.S. 160A-175, the watershed administrator may seek enforcement of this chapter by assessing a civil penalty to be recovered by the City of Lumberton in a civil action in the nature of debt if the offender does not pay the penalty in a prescribed period of time after being cited for violation of the article. Said violation may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. The court may issue an injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all aspects by the laws and rules governing civil proceedings, including the rules of civil procedure in general and rule 65 in particular. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, the defendant may be cited for contempt and the city may execute the order of abatement. The city shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic's and materialman's lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the clerk of superior court in an amount approved by the judge before whom the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith. Enforcement of this chapter may be by any one, all or a combination of the remedies authorized in this chapter. Each day's continuing violation shall be a separate and distinct offense.

(Ord. No. 1397, 6-28-93; Ord. No. 2021.06.02 , 6-9-21)