The watershed protection overlay shall overlay other zoning districts that all land lying within the watershed protection overlay shall also be included in the underlying district. Each parcel of land within the watershed protection overlay shall be subject to the provisions, regulations, and restrictions of both the watershed protection overlay and its underlying district. In the event of a conflict or discrepancy between the requirements of the watershed protection overlay and the underlying district, the more stringent shall apply.

(Prior Code, app. D, art. 17(17.1-1); Ord. of 12-21-1998)

In order to provide for the health, safety, and welfare of the public and a healthy economic climate within the city, it is essential that the quality of public drinking water be assured. The ability of natural systems to filter stormwater runoff can be threatened by unrestricted urban and suburban development. Land-disturbing activities associated with development can increase erosion and sedimentation that threatens the storage capacity of reservoirs. In addition, stormwater runoff, particularly from impervious surfaces, can introduce toxicants, nutrients, and sediment into drinking water supplied, making water treatment more complicated, expensive and rendering water resources unusable. Industrial land uses that involve the manufacture use, transport and storage of hazardous or toxic waste materials result in the potential risk of contamination of nearby public drinking water supplies.

(Prior Code, app. D, art. 17(17.2); Ord. of 12-21-1998)

The purpose of the water supply watershed protection overlay regulation is to establish measures to protect the quality and quantity of the present and future water supply for the county; also, to minimize the transport of pollutants and sediments to the water supply, and maintain the yield of the water supply watersheds.

(Prior Code, app. D, art. 17(17.3); Ord. of 12-21-1998)

The protected water supply watershed overlays are hereby designated and shall consist of the land areas that drain to the public water supply intake or water supply reservoir. The boundaries of these overlays are defined by the ridge lines of the respective watersheds and the boundary of a radius of seven miles upstream of the respective public water supply intakes. These overlays shall be further delineated and defined on the water supply watershed protection district overlay map of the county official zoning map, which is hereby incorporated and made a part of this ordinance by reference.

(Prior Code, app. D, art. 17(17.4); Ord. of 12-21-1998)

All uses allowed in the underlying zoning districts as established by this article, except for those listed in prohibited uses below are permitted in the water supply watershed protection overlay, subject to the following conditions and standards:

(1)

Natural buffer requirements.

a.

Within a seven-mile radius upstream of the public water intakes, a natural buffer, 100 feet wide shall be maintained on both sides of the stream, measured from the stream banks. Similarly, outside the seven miles radius, a natural buffer of 50 feet shall be maintained on both sides of the stream.

b.

A natural buffer shall be maintained for a distance of 150 feet from the boundary of any existing or future water supply reservoir.

(2)

Impervious surface limitations.

a.

No more than 25 percent of the land area of any parcel or lot on which new development is placed may be covered by impervious surface within a designated water supply watershed protection district.

b.

Within a seven-mile radius upstream of all public water intakes, no impervious surface shall be constructed within a 150-foot setback area on both sides of the stream as measured from the stream bank.

c.

Outside a seven-mile radius upstream of all public water intakes, no impervious surface shall be constructed within a 75-foot setback area on both sides of the stream, as measured from the stream bank.

d.

Septic tanks and the drainfields of septic tanks are prohibited in the setback areas of subsection (2)b of this section.

(Prior Code, app. D, art. 17(17.5)—(17.5-2); Ord. of 12-21-1998)

It is necessary to impose several requirements on development in the district in order to prevent damage to water quality that is not necessarily attributed to an individual property within a development. These requirements are as specified below:

(1)

Stormwater runoff retention. For development within the overlay, measures shall be employed to infiltrate, retain or detain (detention being least preferred) stormwater runoff from impervious surfaces. Methods to accomplish that infiltration, retention or detention shall be shown on the development site plan. The area to which this requirement shall apply may be for each individual lot within a single development, or, the development as a whole. If the developer elects to satisfy this requirement for the development as a whole, the site plan shall indicate how many devices or structures will be used to accomplish the retention, infiltration or detention. The developer will not be required to employ measures to retain or detain runoff from driveways, walkways or patios located on private residential lots as long as the runoff from said surfaces is controlled to allow infiltration of the same into surrounding lawn or ground cover.

(2)

Buffer zones around reservoir and along streams. Briars and dead brush in the buffer zones may be removed by the landowner. Ground within the buffer zone may be only minimally disturbed; it may be bushhogged, but it may not be plowed or harrowed or otherwise disturbed. Flowering shrubs and trees may be planted in the buffer, and grasses may be sown, however, no pesticides, herbicides or other weed killer compounds may be used in this area. Animals shall be permitted to graze in the buffer, but excessive grazing which results in all vegetation being stripped form the buffer zone will not be allowed. Timber may be harvested in a controlled method, trees to be cut must fall away from the stream. Stumps may be individually removed if the hole is filled and steps are taken to prevent erosion. No growing trees above four inches diameter breast height (DBH) may be removed without written approval of the county building official.

(3)

Street runoff and drainage. New streets constructed within the overlay shall not require curb and gutter unless otherwise required by subdivision ordinances. New streets which cross perennial streams within the overlay shall be designed to limit direct runoff from pavement surface into the stream it crosses. Such design features shall be indicated on the site plan submitted by a developer. Street crossings, utility lines, recreational and greenway facilities and recreation related paved surfaces may be allowed as exceptions to the vegetative buffer requirement in buffer areas, flood ways and flood way fringe areas. However, such intrusion shall minimize or mitigate, to the extent possible.

(Prior Code, app. D, art. 17(17.5-3); Ord. of 12-21-1998)

The following uses are exempt from the stream corridor buffer and setback requirements if they meet the stipulated conditions:

(1)

Utilities.

a.

Utilities shall be located at least 150 feet from the stream bank and shall not impair the quality of the drinking water stream.

b.

The installation and maintenance of the utilities shall be such to protect the integrity of the buffer and setback areas as best as is reasonably possible.

(2)

Forestry and agricultural activities.

a.

Agriculture activities involving the planting and harvesting of crops are exempted if they conform to the best management practices established by the state department of agriculture.

b.

Silviculture activities must conform to the best management practices established by the state forestry commission.

(Prior Code, app. D, art. 17(17.6))

(a)

Land adjacent to or within reservoir. Land which lies adjacent to the shoreline of the reservoir and extends within the watershed area of the reservoir beyond the ridge line of the reservoir watershed or 1,000 feet from shorelines of the reservoir at flood stage level whichever is the shorter distance.

(b)

Additional restrictions of property lying within critical area. Any property lying within the water quality critical area shall have in addition to all other regulations in this article, the following additional restrictions:

(1)

Residential use in water quality critical area. No building may be constructed without the county building official's permission.

a.

Minimum lot size:

1.

One acre, if served by public sewer.

2.

Residential lots, all or a portion of which lie within 400 feet of the reservoir, served by septic tank and nitrification field, shall be a minimum of two acres in size.

b.

Minimum set back lines for building or structure is 150 feet from the high water floodline.

c.

Minimum set back lines for residential structures is 250 feet.

d.

Minimum set back lines for nitrification field lines is 150 feet from the high water floodline.

(2)

Forestry and agricultural activities. The land may not be cultivated, grazed, or fences erected without written approval from the county building official. The minimum set back lines for cultivation is 100 feet from the highwater floodline.

(c)

Limited restriction area. Encompasses all the surface waters, tributaries, and creeks feeding the reservoir in the remainder of the watershed outside of the water quality critical area. The following restrictions and limitations shall apply to property, all or a portion of which, adjoins or lies within 150 feet of any designated stream, measured from the stream bank, within the limited restriction area of the overlay.

(1)

Residential usage.

a.

Single-family dwellings shall have a minimum lot size of three-fourths of an acre if served by public sewerage; 1¼ acres, if served by a septic tank and nitrification field.

b.

Multifamily dwellings which are served by public sewerage.

c.

Minimum set back lines from water source or flood way for building or structure for single-family and multifamily dwellings: 150 feet.

d.

Minimum set back lines for nitrification field line for single-family dwellings: 150 feet.

(2)

Permitted commercial usage.

a.

Minimum lot size: two acres.

b.

Minimum set back lines for structure, nitrification field, accessory building or parking lot: 200 feet.

(3)

Permitted industrial usage.

a.

Minimum lot size: 5 acres.

b.

Minimum set back lines for structure, accessory building or parking lot: 300 feet.

c.

Minimum set back lines for septic tanks and nitrification field lines: 400 feet.

(Prior Code, app. D, art. 17(17.7), (17.8); Ord. of 12-21-1998)

(a)

All forms of development within the watershed protection overlay shall be required to have a site plan submitted and approved according to this section before any rezoning requests or building permits may be approved or any land-disturbing activity may take place. Each site plan submitted shall include the following:

(1)

A site plan drawn to scale and showing all planned improvements, including width, depth, and length of all existing and proposed structures, roads, water courses, drainage ways, water, wastewater, and stormwater facilities, and utility installations.

(2)

Location, dimensions, and area of all impervious surfaces, both existing and proposed, on the site.

(3)

The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or body of water.

(4)

Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than five feet.

(5)

Grading plan.

(6)

Erosion and sedimentation control plan.

(7)

Any commercial or industrial facility for which new construction or expansion of an existing facility is planned shall provide location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic waste.

(b)

Exemptions from site plan requirement. The following are exemptions to the site plan requirements, provided they are not non-conforming uses:

(1)

Repairs to a facility that is part of a previously approved and permitted development.

(2)

Construction of minor structures such as sheds, or additions to single-family residences.

(Prior Code, app. D, art. 17(17.9); Ord. of 12-21-1998)

All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan. Any change to the site plan that would alter the amount and velocity of stormwater runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill, or removal of vegetation during construction, or otherwise result in an alteration of the overall appearance of the development as proposed, can be amended only with the approval of the county building official.

(Prior Code, app. D, art. 17(17.10); Ord. of 12-21-1998)

The following uses are prohibited within the water supply watershed protection district:

(1)

All sanitary landfills with or without synthetic liners and leachate collection systems.

(2)

Any facility using hazardous materials.

(3)

Any commercial or industrial usage in the water quality critical area.

(Prior Code, app. D, art. 17(17.11); Ord. of 12-21-1998)