The state legislature has, in G.S. 160A-174 and in G.S 143-211 (watershed protection rules), delegated the responsibility or directed local governmental units to adopt regulations that promote the public health, safety and general welfare of its citizenry. The town council ordains and enacts into law the ordinance from which this article is derived as the watershed protection regulations of the town.

(Ord. of 7-10-2006(2), § 500)

These watershed regulations supplement the regulations applicable to the base zoning district. If the watershed regulations conflict with the base district requirements, the requirements of the watershed regulations shall govern.

(Ord. of 7-10-2006(2), § 502)

The provisions of this article shall apply within areas designated as a public water supply watershed by the state environmental management commission and located in the territorial jurisdiction of this chapter.

(Ord. of 7-10-2006(2), § 504)

(a)

Conflicts with existing laws. Nothing in this chapter shall repeal or amend any federal or state law or regulation, or any regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of this chapter amend or restrict any provisions of this chapter or the town's Code of Ordinances; however, the adoption of the ordinance from which this chapter is derived does amend any ordinance, resolution and regulation in effect in the town at the time of the adoption of the ordinance from which this article is derived that impairs or reduces its effectiveness or conflicts with any of its provisions.

(b)

Conflicts with agreements between private parties. 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)

Applicability to existing developments.

(1)

Existing developments as defined in this chapter are not subject to the requirements of this article. Expansions to structures classified as existing development must meet the requirements of this chapter. The built-upon area of the existing development is not required to be included in the density calculations.

(2)

If a nonconforming 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 article if it is developed for single-family residential purposes. Any lot created as part of a family subdivision after the effective date of the ordinance from which this article is derived shall be exempted if it is developed for one single-family detached residence and if it is exempt from the town's subdivision regulation. Any lot created as part of any other type of subdivision that is exempted from the subdivision regulations set forth in chapter 22 is subject to the land use requirements (including impervious surface requirements) of this article, except that such a lot must meet the minimum buffer requirements to the maximum extent practicable.

(Ord. of 7-10-2006(2), § 506)

(a)

This article in part carries forward by reenactment some of the watershed regulations of the town previously adopted by the town council, and it is not intended to repeal but rather to re-enact and continue in force such existing provisions so that all rights and liabilities that have accrued are preserved and may be enforced.

(b)

All provisions of the watershed regulations that are not reenacted herein are hereby repealed.

(c)

All suits at law or in equity and all prosecutions resulting from the violation of any ordinance provisions heretofore in effect, which are now pending in any court of this state or of the United States, shall not be abated or abandoned by reason of the adoption of this chapter, but shall be prosecuted to their finality the same as if this chapter had not been adopted; and any and all violations of the existing watershed protection regulations, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this chapter shall be so construed as to abandon, abate or dismiss any litigation or prosecution now pending or that may have been instituted or prosecuted.

(Ord. of 7-10-2006(2), § 508)

In addition to the remedies available to the town for violations of this chapter, the state environmental management commission may assess civil penalties in accordance with G.S. 143-215.6(a) for violations of these watershed regulations.

(Ord. of 7-10-2006(2), § 510)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section when used in the context of these watershed regulations, except where the context clearly indicates a different meaning:

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

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

Buffer area means 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.

Building means any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals or property. The connection of two buildings by means of an open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall not be considered to make them one building.

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

Cluster development means the grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term "cluster development" includes nonresidential development as well as single-family residential and multifamily developments. For the purpose of this article, planned unit developments and mixed-use developments are considered as cluster development.

Critical area means 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 either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream from the intake located directly in the stream or river (run of the river), or the ridge line of the watershed (whichever comes first). Local governments may extend the critical area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile.

Customary home occupation means any use conducted entirely within a dwelling and carried on by the occupants thereof, and is incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof; provided further that no mechanical equipment is installed or used except as is normally used for domestic or professional purposes, and that not over 25 percent of the total floor space of any structure is used for the occupation. No home occupation shall be conducted in any accessory building except for the storage and service of a vehicle that is driven off site, such as a service repair truck, delivery truck, etc.

Development means any land disturbing activity that 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.

Family subdivision means a division of a tract of land:

(1)

To convey the resulting parcels, except parcels kept by the grantor, to a relative or relatives as a gift or for nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to any one relative; or

(2)

To divide land from a common ancestor among tenants in common, all of whom inherited by intestacy or by will.

Impervious surface means any material that reduces or prevents the infiltration of stormwater into the ground, including, but not limited to, buildings, pavement, gravel roads, recreation facilities (e.g., tennis courts), compacted soils, sand, lime rock, clay, etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.)

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

Major variance means a variance from the minimum statewide watershed protection rules that results in any one or more of the following:

(1)

The relaxation, by a factor greater than ten percent, of any management requirement under the low-density option.

(2)

The relaxation, by a factor greater than five percent, of any buffer, density or built-upon area requirement under the high-density option.

(3)

Any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system.

Minor variance means a variance from the minimum statewide watershed protection rules that result in a relaxation, by a factor of up to:

(1)

Five percent of any buffer, density or built-upon area requirement under the high-density option; or

(2)

Ten percent of any management requirement under the low-density option.

Nonconforming lot of record means a lot described by a plat or a deed that was recorded before the effective date of local watershed protection regulations (or their amendments) that does not meet the minimum lot size or other development requirements of the statewide watershed protection rules.

Nonresidential development means all development other than residential development, agriculture and silviculture.

Protected area means the area that adjoins and is upstream of the critical area of WS-IV watersheds. The boundaries of the protected area are defined as within five miles of and draining to the normal pool elevation of the reservoir or to the ridgeline of the watershed; or within ten miles upstream and draining to the intake located directly in the stream or river or to the ridgeline of the watershed.

Residential development means 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.

Residuals means any solid or semi-solid waste generated from a wastewater treatment plant, water treatment plant or air pollution control facility permitted under the authority of the environmental management commission.

Single-family residential means any development where:

(1)

No building contains more than one dwelling unit;

(2)

Each dwelling unit is on a separate lot; and

(3)

No lot contains more than one dwelling unit.

Toxic substance means 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 offspring or other adverse health effects.

Water-dependent structure means 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, boathouses, 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 means the entire land area contributing surface drainage to a specific point (i.e., the water supply intake).

(Ord. of 7-10-2006(2), § 530)

The watershed map attached to the ordinance from which this section is derived is added as the official watershed map along with the USGS quad map for the town.

(Ord. of 10-12-2009(1), § 531)

(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 article and the subdivisions regulations set forth in chapter 22. 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 article.

(b)

The approval of a plat does not constitute or effect the acceptance by the town 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 subdivision plats shall conform to the mapping requirements of G.S. 47-30.

(d)

All subdivisions of land within the jurisdiction of the town after the effective date of the ordinance from which this chapter is derived shall require a plat to be prepared, approved and recorded pursuant to this article and the subdivision regulations set forth in chapter 22

(Ord. of 7-10-2006(2), § 512.1)

(a)

All subdivision applications shall be reviewed by the zoning enforcement officer 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 are not subject to the provisions of this article and may be recorded provided the zoning enforcement officer initials the vicinity map. Subdivisions within a WS-IV watershed are subject to the provisions of this article when state law requires an erosion and sedimentation control plan. Subdivisions within the designated watershed area shall comply with the provisions of this article and all other applicable state and local requirements.

(b)

Subdivision applications shall be filed, processed and reviewed in accordance with the subdivision regulations set forth in chapter 22. The application shall include two additional copies of the plat and supporting documentation that the zoning enforcement officer or the planning board considers are necessary.

(c)

The zoning enforcement officer or the planning board may provide public agencies an opportunity to review and make recommendations on the application. However, failure of the agencies to submit their comments and recommendations shall not delay 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 systems or sewer systems normally approved by the health department.

(3)

The state division of water quality 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 zoning enforcement officer or planning board.

(d)

If the application is approved, such approval shall be indicated on both copies of the plat by the following certificate, which shall be signed by the zoning enforcement officer:

(e)

If the application is disapproved or approved with conditions, the reasons for such action shall be stated in writing and submitted to the applicant and entered in the minutes. The applicant may 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 county register of deeds.

(g)

The plat shall be recorded within 30 days of approval. The applicant shall provide the zoning enforcement officer with evidence that the plat has been recorded with the register of deeds within five working days of recording.

(Ord. of 7-10-2006(2), § 512.2)

(a)

All lots shall provide adequate building space in accordance with the development standards contained in the development regulations to come. Lots that are smaller than the minimum required for residential lots may be developed using built-upon area criteria described in the development regulations to come.

(b)

For the purpose of calculating built-upon area, the total project area shall include total acreage in the tract on which the project is to be developed.

(c)

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

(d)

If a sedimentation and erosion control plan is required, a written statement specifying that a sedimentation and erosion control plan has been submitted to and approved by the appropriate approving authority shall accompany the application.

(e)

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

(Ord. of 7-10-2006(2), § 512.3)

(a)

No construction or installation of improvements shall commence in a proposed subdivision until a subdivision preliminary plat has been approved.

(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 the ordinance from which this chapter is derived until all requirements of this article have been met. The applicant, before commencing any work within the subdivision, shall make arrangements with the zoning enforcement officer to provide for adequate inspection.

(Ord. of 7-10-2006(2), § 512.4)

Any person who subdivides 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 town may bring an action for injunction for 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. of 7-10-2006(2), § 512.5)

New development activities that require an erosion and sedimentation control plan under state law are required to meet the provisions of this division when located in a watershed overlay district.

(Ord. of 7-10-2006(2), § 514)

(a)

Uses allowed. The following uses may be permitted in a WS-IV-PA watershed area as permitted under the base zoning district:

(1)

Agriculture uses, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.

(2)

Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15A NCAC 1I.0101—1I.0209).

(3)

Residential development.

(4)

Nonresidential development.

(b)

Density and built-upon requirements. In order to accommodate a moderate to high land use intensity, development shall comply with the following density requirements:

(1)

Single-family residential development shall not exceed a density of two dwelling units per acre, as defined on a project-by-project basis. For projects with a curb and gutter system, no residential lot shall be less than one-half acre or 20,000 square feet excluding street right-of-way. For projects without a curb and gutter system, no residential lot shall be less than one-third of an acre unless approved under a cluster development.

(2)

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 acreage in the tract on which the project is to be developed.

(3)

Off-street parking shall be designed to minimize built-upon area.

(4)

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)

New and expansion development. In addition to the development allowed under subsections (a) and (b) of this section, new development and expansions to existing-development may occupy up to ten percent of the protected area with up to 70 percent built-upon area on a project by project basis, when approved as a special intensity allocation (SIA). The watershed administrator is authorized to approve SIAs consistent with the provisions of this chapter. The watershed administrator may refer the SIA to the town council for their consideration and approval on a project by project basis. Projects must, to the maximum extent practicable, minimize built-upon surface area, direct stormwater away from surface waters and incorporate best management practices to minimize water quality impacts. 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. of 7-10-2006(2), § 514.1; Ord. of 12-12-2009(1), § 514.1)

(a)

Allowed uses.

(1)

Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990 and the rules and regulations of the soil and water conservation commission.

(2)

Silviculture, subject to the provisions of the forest practices guidelines related to water quality (15A NCAC 1I.0101—1I.0209).

(3)

Residential.

(4)

Nonresidential development, excluding landfills and sites for land application of residuals or petroleum contaminated soils.

(b)

Density and built-upon limits.

(1)

Single-family residential development shall not exceed two dwelling units per acre on a project-by-project basis. No residential lot shall be less than one-half acre or 20,000 square feet, excluding roadway right-of-way, except within an approved cluster development.

(2)

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.

(Ord. of 7-10-2006(2), § 514.2)

Cluster development may be permitted in watershed districts subject to the provisions of this section:

(1)

Lot sizes. 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 the applicable zoning district. Density or built-upon area for the project shall not exceed that allowed for the critical area or balance of watershed, whichever applies.

(2)

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

(3)

Dedicated open space. 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 upon mutual agreement 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.

(Ord. of 7-10-2006(2), § 516)

(a)

Buffer width. In the WS-IV watershed district, a minimum 50-foot vegetative buffer is required for development activities along all perennial waters indicated on the most recent versions of USGS 1:24,000 (7.5-minute) scale topographic maps or as determined by local government studies. Desirable artificial stream bank or shoreline stabilization is permitted. A minimum 100-foot vegetative buffer is required for SIA development activities.

(b)

Development restrictions. No new development is allowed in the buffer area except for water-dependent structures and other structures such as flag poles, signs, and security lights that 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 and direct runoff away from the surface waters, and maximize the utilization of stormwater best management practices.

(Ord. of 7-10-2006(2), § 518; Ord. of 10-12-2009(1), § 518.1)

(a)

Applicability. 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.

(b)

Calculation of area. 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)

Prohibited uses. 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. of 7-10-2006(2), § 520)

Existing development as defined in this article may be continued and maintained subject to the provisions of this division. 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.

(Ord. of 7-10-2006(2), § 522)

(a)

Uses prior to ordinance. This category consists of uses existing at the time of adoption of the ordinance from which this chapter is derived, but is not permitted hereafter in the watershed area in which they are located. These uses may be continued except as follows:

(1)

A change in the use of land shall be only to a use that is permissible in the applicable zoning district.

(2)

Once the use has been changed, it may not be reverted to a prohibited use.

(3)

When the use ceases for a period of one year, it shall not be reestablished.

(b)

Reconstruction of buildings or built-upon areas. An existing building or built- upon area not in conformance with the restrictions of this chapter that has been damaged or removed may be repaired or reconstructed (except that there are no restrictions on single-family residential development) provided:

(1)

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

(2)

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. of 7-10-2006(2), § 522.1)

No activity, situation, structure or land use shall be allowed within the watershed that poses a threat to water quality or the public health, safety and welfare. Such threats may arise from:

(1)

Inadequate on-site sewage systems that utilize ground absorption.

(2)

Inadequate sedimentation and erosion control measures.

(3)

The improper storage or disposal of junk, trash or other refuse within a buffer area.

(4)

The improper management of stormwater runoff; or any other situation found to pose a threat to water quality.

(Ord. of 7-10-2006(2), § 524.1)

(a)

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

(b)

The zoning enforcement officer shall report all findings to the board of adjustment. The zoning enforcement officer may consult with any public agency or official and request recommendations.

(c)

Where the board of adjustment 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 or violation.

(Ord. of 7-10-2006(2), § 524.2)

(a)

Administration and enforcement of watershed regulations.

(1)

The zoning enforcement officer shall keep records of development within the watershed within the town's zoning jurisdiction. Records for each watershed shall include the total acres of non-critical watershed area, total acres approved for this development option, and individual records for each project with the following information: location, number of developed acres, type of land use and stormwater management plan (if applicable).

(2)

The zoning enforcement officer may enter any building, structure or premises, as provided by law, to perform any duty imposed upon him by this article.

(b)

Variances and appeals. Requests and review of variances and appeals to these watershed rules shall comply with the procedures for such prescribed under division 4 of article VI of this chapter, administration and amendments, in addition to the following:

(1)

The town 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.

(2)

The zoning enforcement officer shall give written notification of all variances and appeals to local governments with jurisdiction in the watershed and the entity using the water supply for consumption. The notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the zoning enforcement officer before a decision is made. The comments shall become a part of the record of proceedings of the board of adjustment.

(3)

The board of adjustment shall refuse to rehear an appeal or an application for a variance that has been denied if the board finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application.

(4)

Major variances shall be approved by the division of water quality before becoming effective.

(Ord. of 7-10-2006(2), § 526)

Amendments to these watershed regulation provisions shall comply with the provisions of this article. The zoning enforcement officer shall provide copies of all amendments to these watershed regulations upon adoption to the water quality section of the division of water quality.

(Ord. of 7-10-2006(2), § 528)