Water Supply Watershed Protection Ordinance-1994

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CAMDEN COUNTY, NORTH CAROLINA
WATER SUPPLY WATERSHED
PROTECTION ORDINANCE
WILLIAM C. OVERMAN ASSOCIATES. P.C.
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380 Cleveland Place • Vlr0lnla Oeacl% Va. 23462

r ± CAMI)EN COUNTY, NORTH CAROLINA
WATER SUPPLY WATERSHED PROTECTION ORDINANCE
Adopted by Camden County
' Board of Commissioners: December 20, 1993
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Effective Date: January 1, 1994
' (SEAL)
Chairman
Camden County Board of Commissioners
'n
Clerk to the Board
To the best of my knowledge and belief, this Ordinance meets the minimum requirements set
forth by the North Carolina Division of Environmental Management.
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'Legal
Counsel for Camden County, North Carolina
'
Herbert T. Mullen, Esquire
Attorney at Law
101 East Elizabeth Street
Elizabeth City, NC 27909
. {
[phone]
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Approved by North Carolina
Division of Environmental Management: 1994
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William C. Overman Associates, P.C.
380 Cleveland Place
Virginia Beach, Virginia 23462

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CAMDEN COUNTY, NORTH CAROLINA
WATER SUPPLY WATERSHED PROTECTION ORDINANCE
ARTICLE 100: AUTHORITY AND GENERAL REGULATIONS
SECTION 101. AUTHORITY AND ENACTMENT.
The Legislature of the State.of North Carolina has, in Chapter 153A, Article
6, Section 121, General Ordinance Authority; and in Chapter 143, Article 21,
Watershed Protection Rules, delegated the responsibility or directed local
governmental units to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry. The Camden County, North Carolina
Board of Commissioners does hereby ordain and enact into law the following articles
as the Camden County Water Supply Watershed Protection Ordinance.
SECTION 102. JURISDICTION.
The provisions of this Ordinance shall apply within the areas designated as
a Public Water Supply Watershed by the North Carolina Environmental Management
Commission and shall be defined and established on the map entitled, "County of
Camden, North Carolina Watershed Protection Map," ("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 Ordinance. This
Ordinance shall be permanently kept on file in the office of the Camden County
Manager.
SECTION 103. EXCEPTIONS TO APPLICABILITY.
A. Nothing contained herein shall repeal, modify, or amend any Federal or
State law or regulation, or any ordinance or regulation pertaining thereto except
any ordinance which these regulations specifically replace; nor shall any provision
of this Ordinance amend, modify, or restrict any provisions of any other ordinances
of Camden County; however, the adoption of this Ordinance shall and does amend any
and all ordinances, resolutions, and regulations in effect in the County at the time
of the adoption of this Ordinance that may be construed to impair or reduce the
effectiveness of this Ordinance or to conflict with any of.its provisions.
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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 Ordinance, is not subject to the
requirements of this Ordinance. Expansions to structures classified as existing
' development must meet the requirements of this Ordinance. 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 Ordinance, 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 Ordinance. However, this exemption is not applicable to
multiple contiguous lots under single ownership. See Section 306 A. regarding the
recombination of existing lots.
' SECTION 104. CRIMINAL PENALTI
ES.
' Any person violating any provisions of this Ordinance shall be guilty of a
misdemeanor and, upon conviction, shall be punished in accordance with North
Carolina General Statutes (N.C.G.S.) 14-4. The maximum fine for each offense shall
' not exceed $500.00. Each day that the violation continues shall constitute a
separate offense.
SECTION 105. REMEDIES.
A. If any subdivision, development and/or land use is found to be in
' violation of this Ordinance, the Camden County Board of Commissioners may, in
addition to all other remedies available either in law or in equity, institute a
civil penalty in the amount of $500.00, action, or proceedings to: restrain,
' correct, or abate the violation; prevent occupancy of the building, structure, or
land; or prevent any illegal act, conduct, business, or use in or about the
premises. In addition, the North Carolina Environmental Management Commission (EMC)
may assess civil penalties in accordance with N.C.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
' Ordinance 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 Ordinance to ensure
' compliance with or to prevent violation of its provisions. If a ruling of the
Watershed Administrator is questioned, the aggrieved party or parties may appeal
such ruling to the Watershed Review Board.
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' SECTION 106. SEVERABILITY.
Should any section or provision of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, the declaration shall not
' affect the validity of this Ordinance as a whole or any part thereof that is not
specifically declared to be invalid or unconstitutional.
' SECTION 107. EFFECTIVE DATE.
This Ordinance shall take effect and be in force on January 1, 1994.
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1 ARTICLE 200: SUBDIVISION REGULATIONS
SECTION 201. GENERAL PROVISIONS.
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. 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 County 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 N.C.G.S. 47-30..
' D. All subdivisions of land within the jurisdiction of Camden County after
the effective date of this Ordinance shall require a plat to be prepared, approved,
and recorded pursuant to this Ordinance.
SECTION 202. SUBDIVISION APPLICATION AND REVIEW PROCEDURES.
' 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 Ordinance 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
Ordinance only when an erosion and sedimentation plan is required under the
provisions of State law, or approved local program. Subdivisions within the
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designated watershed area shall comply with the provisions of this Article and all
1 other state and local requirements that may apply.
B. Subdivision applications can be obtained from, and upon completion filed
1 with, the Watershed Administrator. The filing shall include a completed application
form, two (2) copies of the plat, and supporting documentation deemed necessary by
the Watershed Administrator or the Watershed Review Board.
1 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
1 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 forty-five (45) 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 district highway engineer with regard to proposed streets and
highways;
r • the director of the Health Department with regard to proposed
' 4 private water system or sewer systems normally approved by the
Health Department;
J• the state Division of Environmental Management with regard to
proposed sewer systems normally approved by the Division, engineered
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storm water controls, or storm water management in general; and,
1 1 • any other agency or official designated by the Watershed
Administrator or Watershed Review Board.
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D. If the Watershed Review Board approves the application, such approval
shall be indicated on both copies of the plat by the following certificate and
signed by the chairman or other authorized member of the Board:
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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.
Date
C airman, aters aReview Board
NOTICE: This property is located within a Public Water Supply Watershed
- development restrictions may apply.
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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 County Register of Deeds.
G. The Subdivider shall provide the Watershed Administrator with evidence
the plat has been recorded with the Register of Deeds within five (5) working days
of its being recorded.
SECTION 203. SUBDIVISION STANDARDS AND REQUIRED IMPROVEMENTS.
A. All lots shall provide adequate building space in accordance with the
development standards contained in Article 300. 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. Storm Water Drainage Facilities. The application shall be accompanied
by a description of the proposed method of providing storm water 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, where
required, be accompanied by a written statement that a Sedimentation and Erosion
Control Plan has been submitted to and approved by the Watershed Administrator.
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.
SECTION 204. CONSTRUCTION PROCEDURES.
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.
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' 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 Ordinance until all
requirements of this Ordinance 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.
' SECTION 205. PENALTIES FOR TRANSFERRING LOTS IN UNAPPROVED SUBDIVISIONS.
Any person who, being the owner or agent of the owner of any land located
within the jurisdiction of Camden County, thereafter subdivides his land in
violation of this Ordinance 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 Ordinance 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 County 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 Ordinance.
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„ ARTICLE 300: DEVELOPMENT REGULATIONS
' SECTION 301. ESTABLISHMENT OF WATERSHED AREAS.
The purpose of this Article is to list and describe the watershed areas herein
' adopted.
For purposes of this Ordinance, the County hereby divided into the following
' areas, as appropriate:
• WS-IV Watershed Area - Critical Area (WS=IV-CA)
' . WS-IV Watershed Area - Protected Area (WS-IV-PA)
SECTION 302. WATERSHED AREAS DESCRIBED.
' 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 Ordinance 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
(2) dwelling units per acre. All other residential and non-residential development
' shall be allowed twenty-four percent (24%) built -upon area. New sludge application
sites and landfills are specifically prohibited.

Allowed 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 (10) 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 United States Geological Survey
(U.S.G.S.) 1:24,000 (7.5 minute) scale topographic maps or as
determined by County 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 North Carolina
Administrative Code 1I.6101-.0209).
c. Residential.
' d. Non-residential development, excluding the storage of toxic and
hazardous materials unless a spill containment plan is
implemented, landfills, and sites for land application of
sludge/residuals or petroleum contaminated soils.
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2. Density and Built -upon Limits:
' a. 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 (k) acre.
b. All other residential and non-residential development shall not
exceed twenty-four percent (24%) 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-1V 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
Ordinance when located in a 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 (2) dwelling units per acre. All other residential and non-
residential development shall be allowed at a maximum of twenty-four percent (24%)
built -upon area. A maximum of three (3) dwelling units per acre or thirty-six (36%)
percent built -upon area is allowed for projects without a curb and gutter street
' system.

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1 ' 1. Allowed 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 North Carolina
Administrative Code 1I.6101-.0209).
C. Residential development.
d. Non-residential development, excluding the storage of toxic and
hazardous materials unless a spill containment plan is
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implemented.
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2. Density and Built -upon limits:
a. Single family residential development shall not exceed two (2)
dwelling units per acre, as defined on a project by project
basis. No residential lot shall be less than one-half (1/2)
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acre, or one-third (1/3) acre for projects without a curb and
gutter system.
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b. All other residential and non-residential development shall not
exceed twenty-four percent (24%) built -upon area on a project
by project basis. For projects without a curb and gutter
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street system, development shall not exceed thirty-six percent
(36%) 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.
SECTION 303. BUFFER AREAS REQUIRED.
A. A minimum thirty (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 County
studies. Desirable artificial streambank or shoreline stabilization is permitted.
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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.
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SECTION 304. RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA BOUNDARIES.
1 Where uncertaintyexists as to the boundaries
arees of the watershed areas, as shown
on the Watershed Map, the following rules shall apply:
A. Where area boundaries are indicated as approximately following either
street, alley, railroad, or highway lines or centerlines thereof, such lines shall
1 be construed to be said boundaries.'
B. Where area boundaries are indicated as approximately following lot lines,
such lot lines shall be construed to be said boundaries. However, a surveyed plat
1 prepared by a registered land surveyor may be submitted to the County as evidence
that one or more properties along these boundaries do not lie within the watershed
area.
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C. Where the watershed area boundaries lie at a scaled distance more than
-� twenty-five (25) feet from any parallel lot line, the location of watershed area
1 boundaries shall be determined by use of the scale appearing on the watershed map.
D. Where the watershed area boundaries lie at a scaled distance of twenty-
five (25) feet or less from any parallel lot line, the location of watershed area
boundaries shall be construed to be the lot line.
E. Where other uncertainty exists, the Watershed Administrator shall
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interpret the Watershed Map as to location of such boundaries. This decision may
be appealed to the Watershed Review Board.
1 SECTION 305. APPLICATION OF REGULATIONS.
' A. 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.
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1 B. No area required for the purpose of complying with the provisions of this
Ordinance 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 306.
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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.
SECTION 306. EXISTING DEVELOPMENT.
1 j Any existing development as defined in this Ordinance, may be continued and
maintained subject to the provisions provided herein. Expansions to structures
classified as existing development must meet the requirements of this Ordinance,
However, the built —upon area of the existing development is not required to be
included in the density calculations.
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' A. 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 Camden County.
A lot may be used for any of the uses allowed in the watershed area in which it is
located, provided the Health Department approves the use and installation of a
' private sewer system for the lot and the Watershed Administrator issues a watershed
protection permit.
' B. Occupied Lots. This category consists of lots, occupied for residential
purposes at the time of the adoption of this Ordinance. These lots may continue to
be used.
C. Uses of Land. This category consists of uses existing at the time of
adoption of this Ordinance 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:
when such use of land has been changed to an allowed use, it shall
not thereafter revert to any prohibited use;
such use of land shall be changed only to an allowed use; and,
when such use ceases for a period of at least one year, it shall not
be reestablished.
D. Reconstruction of Buildings or Built -upon Areas. Any existing building
or built -upon area not in conformance with the restrictions of this Ordinance that
has been damaged or removed may be repaired and/or reconstructed, except that there
' are no restrictions on single family residential development, provided:
repair or reconstruction is initiated within twelve (12) months and
completed within two (2) years of such damage; and,
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.
SECTION 307. WATERSHED PROTECTION PERMIT.
A. Except where a single family residence is constructed on a lot deeded
prior to the effective date of this Ordinance, 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 Ordinance.
B. Watershed Protection Permit applications shall be obtained, completed,
and filed with the Watershed Administrator. The filing shall include a completed
application form and supporting documentation deemed necessary by the Watershed
Administrator.

' C. Prior to issuance of a Watershed Protection Permit, the Watershed
Administrator may consult with qualified personnel for assistance to determine if
the application meets the requirements of this Ordinance.
■ D. A Watershed Protection Permit shall expire if a Building Permit or
Watershed Occupancy Permit for such use is not obtained by the applicant within
twelve (12) months from the date of issuance.
SECTION 308. BUILDING PERMIT REQUIRED.
■ Except for a single family residence constructed on a lot deeded prior to the
effective date of this Ordinance, 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.
SECTION 309. WATERSHED PROTECTION OCCUPANCY PERMIT.
' A. The Watershed Administrator shall issue a Watershed Protection Occupancy
Permit certifying that all requirements of this Ordinance have been met prior to the
occupancy or use of a building hereafter erected, altered, or moved and/or prior to
the change of use of any building or land.
■ " B. A Watershed Protection Occupancy Permit, either for the whole or part of
a building, shall be applied for coincident with the application for a Watershed
Protection Permit and shall be issued or denied within ten (10) days after the
erection or structural alterations of the building.
C. When only a change in use of land or existing building occurs, the
Watershed Administrator shall issue a Watershed Protection Occupancy Permit
certifying that all requirements of this Ordinance have been met coincident with the
Watershed Protection Permit.
■ D. If the Watershed Protection Occupancy Permit is denied, the Watershed
Administrator shall notify the applicant in writing stating the reasons for denial.
E. No building or structure which has been erected, moved, or structurally
altered may be occupied until the Watershed Administrator has approved and issued
ja Watershed Protection Occupancy Permit.
ARTICLE 400: PUBLIC HEALTH REGULATIONS
SECT
ION 401. PUBLIC HEALTH, IN GENERAL.
j 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
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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.
SECTION 402. ABATEMENT.
A. The Watershed Administrator shall monitor land use activities within the
watershed areas to identify situations that may pose a threat to water quality.
' B. The Watershed Administrator shall report all findings to the Watershed
Review Board. The Watershed Administrator may consult with any public agency or
official and request recommendations.
C. Where the Watershed Review Board finds a threat to water quality and the
public health, safety, and welfare, the Board shall institute any appropriate action
or proceeding to restrain, correct, or abate the condition and/or violation.
ARTICLE 500: ADDMNISTRATION, ENFORCEMENT, AND APPEALS
SECTION 501. WATERSHED ADMINISTRATOR AND DUTIES THEREOF.
The County shall appoint a Watershed Administrator, who shall be duly sworn
in. It shall be the duty of the Watershed Administrator to administer and enforce
the provisions of this Ordinance as follows:
1 A. The Watershed Administrator shall issue Watershed Protection Permits and
Watershed Protection Occupancy Permits as prescribed herein. A record of all
permits shall be kept on file and shall be available for public inspection during
' regular office hours of the Administrator.
B. The Watershed Administrator shall serve as clerk to the Watershed Review
Board.
C. The Watershed Administrator shall keep records of all amendments to this
Ordinance 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.
r D. The Watershed Administrator is granted the authority to administer and
enforce the provisions of this Ordinance, exercising in the fulfillment of his
responsibility the full police power of the County. The Watershed Administrator,
or his duly authorized representative, may enter any building, structure, or
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premises, as provided by law, to perform any duty imposed upon him by this
Ordinance.
E. The Watershed Administrator shall keep a record of variances to this
Ordinance. This record shall be submitted to the Supervisor of the Classification
and Standards Group, Water Quality Section, Division of Environmental Management,
' on an annual basis and shall provide a description of each project receiving a
variance and the reasons for granting the variance.
' SECTION 502. APPEAL FROM THE WATERSHED ADMINISTRATOR.
Any order, requirement, decision, or determination made by the Watershed
' Administrator may be appealed to and decided by the Watershed Review Board.
An appeal from a decision of the Watershed Administrator must be submitted to
the Watershed Review Board within thirty. (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.
An appeal stays all proceedings in furtherance of the action appealed, unless
'the officer from whom the appeal is taken certifies to the Board after the notice
" of 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 officer from whom the appeal is taken and upon due cause shown.
' 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.
SECTION 503. CHANGES AND AMENDMENTS TO THE WATERSHED PROTECTION ORDINANCE.
A. The Camden County Board of Commissioners may, on its own motion or on
petition, after public notice and hearing, amend, supplement, change, or modify the
' watershed regulations and restrictions as described herein.
B. No action shall be taken until the proposal has been submitted to the
Watershed Review Board for review and recommendations. If no recommendation has
' been received from the Watershed Review Board within forty-five (45) days after
submission of the proposal to the Chairman of the Watershed Review Board, the Board
of Commissioners may proceed as though a favorable report had been received.
C. Under no circumstances shall the Board of Commissioners adopt such
amendments, supplements, or changes that would cause this Ordinance to violate the
watershed protection rules as adopted by the North Carolina Environmental Management
Commission. All amendments must be filed with the North Carolina Division of
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' Environmental Management, North Carolina Division of Environmental Health, and the
North Carolina Division of Community Assistance.
' SECTION 504. PUBLIC NOTICE AND HEARING REQUIRED.
' Before adopting or amending this Ordinance, the Board of Commissioners 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 (10) nor more than twenty-five (25) days before the date fixed for the
hearing.
SECTION 505. ESTABLISHMENT OF WATERSHED REVIEW BOARD.
A. There shall be and hereby is created the Watershed Review Board
consisting of five (5) regular members and two (2) alternate members, appointed by
' the Board of Commissioners.
Three (3) residents of Camden County shall be appointed as regular members for
three year terms. Two (2) residents of the County shall be appointed as regular
members for two (2) year terms. Thereafter, all new terms shall be for three (3)
years, and members may be reappointed.
B. Two (2) alternate members shall be appointed to serve on the Watershed
Review Board in the absence of any regular member and shall be appointed for three
(3) year terms. Alternate members may be reappointed. While attending in the
capacity of a regular member, the alternate shall have and exercise all the powers
and duties of the absent regular member.
' SECTION 506. RULES OF CONDUCT FOR MEMBERS.
' Members of the Watershed Review Board may be removed by the Camden County
Board of Commissioners for cause, including violation of the rules stated below:
' A. Faithful attendance at meetings of the Board and conscientious
performance of the duties required of members of the Board shall be considered a
prerequisite to continuing membership on the Board.
' B. No Board member shall take part in the hearing, consideration, or
determination of any case in which he is personally or financially interested. A
Board member shall have a "financial interest" in a case when a decision in the case
' will: cause him or his spouse to experience a direct financial benefit or loss, or
will cause a business in which he or his spouse owns a 10 per cent or greater
interest, or is involved in a decision -making role, to experience a direct financial
' benefit or loss. A Board member shall have a "personal interest" in a case when it
involves a member of his immediate family (i.e., parent, spouse, or child).
I I 14

' C. No Board member shall discuss any case with any parties thereto prior to
the public hearing on that case; provided, however, that members may receive and/or
seek information pertaining to the case from the Watershed Administrator or any
' other member of the Board, its secretary, or clerk, prior to the hearing.
D. Members of the Board shall not express individual opinions on the proper
' judgement of any case prior to its determination on that case.
E. Members of the Board shall give notice to the chairman at least forty-
eight (48) hours prior to the hearing of any potential conflict of interest which
he has in a particular case before the Board.
' F. No Board member shall vote on any matter that decides an application or
appeal unless he had attended the public hearing on that application or appeal.
SECTION 507. POWERS AND DUTIES OF THE WATERSHED REVIEW BOARD.
A. Administrative Review. The Watershed Review Board shall hear and decide
appeals from any decision or determination made by the Watershed Administrator in
the enforcement of this Ordinance.
B. Variances. The Watershed Review Board shall have the power to authorize,
in specific cases, minor variances from the terms of this Ordinance as will not be
contrary to the public interests where, owing to special conditions, a literal
enforcement of this Ordinance will result in practical difficulties or unnecessary
hardship, so that the spirit of this Ordinance shall be observed, public safety and
welfare secured, and substantial justice done. In addition, the County shall notify
and allow a reasonable comment period for all other local governments having
jurisdiction within the designated watershed where the variance is being considered,
including the entity using the water supply for consumption.
1. Applications for a variance .shall be made on the proper form
' obtainable from the Watershed Administrator and shall include the
following information:
a. A site plan, drawn to a scale of at least one (1) inch to forty
(40) feet, indicating the property lines of the parcel upon
which the use is proposed; any existing or proposed structures;
parking areas and other built -upon areas; and, surface water
drainage. The site plan shall be neatly drawn and indicate
north point, name and address of person who prepared the plan,
date of the original drawing, and an accurate record of any
later revisions.
b. A complete and detailed description of the proposed variance,
' together with any other pertinent information which the
applicant feels would be helpful to the Watershed Review Board
in considering the application.
C. The Watershed Administrator shall notify in writing each local
government having jurisdiction within the watershed and the
' 15

11
entity using the water supply for consumption. Such notice
shall include a description of the variance being requested.
'-'
Local governments receiving notice of the variance request may
submit comments to the Watershed Administrator prior to a
decision by the Watershed Review Board. Such comments shall
become a part of the record of proceedings of the Watershed
'
Review Board.
2. Before the Watershed Review Board may grant a variance, it shall
make the following three findings, which shall be recorded in the
'
permanent record of the case, and shall include the factual reasons
on which they are based:
'
a. There are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of the Ordinance.
In order to determine that there are practical difficulties or
'
unnecessary hardships, the Board must find that the five
following conditions exist:
(1)If he complies with the provisions of the Ordinance, the
applicant can secure no reasonable return from, nor make
reasonable use of, his property. Merely proving that the
' variance would permit a greater profit to be made from the
property will not be considered adequate to justify the Board
in granting a variance. Moreover, the Board shall consider
whether the variance is the minimum possible deviation from the
' terms of the Ordinance that will make possible the reasonable
use of his property.
1 (2)The hardship results from the application of the Ordinance
to the property rather than from other factors such as deed
restrictions or other hardship.
' (3)The hardship is due to the physical nature of the
applicant's property, such as its size shape, or topography,
PP P P y>
which is different from that of neighboring property.
(4)The hardship is not the result of the actions of an
applicant who knowingly or unknowingly violates the Ordinance,
' or who purchases the property after the effective date of the
Ordinance, and then comes to the Board for relief.
(5)The hardship is peculiar to the applicant's property, rather
than the result of conditions that are widespread. If other
properties are equally subject to the hardship created in the
restriction, then granting a variance would be a special
privilege denied to others, and would not promote equal
justice.
b. The variance is in harmony with the general purpose and intent
of the Ordinance and preserves its spirit.
..J
16
Li

' c. In the granting of the variance, the public safety and welfare
have been assured and substantial justice has been done. The
Board shall not grant a variance if it finds that doing so
would in any respect impair the public health, safety, or
general welfare.
' 3. In granting the variance, the Board may attach thereto such
conditions regarding the location, character, and other features of
the proposed building, structure, or use as it may deem advisable
in furtherance
of the purpose of this Ordinance.
If a variance for
'
the construction,
alteration, or use of property
is granted, such
construction,
alteration, or use shall be in accordance
with the
'
approved site
plan.
4. The Watershed
Review Board shall refuse to hear
an appeal or an
application for
a variance previously denied if it
finds that there
have been no
substantial changes in conditions
or circumstances
bearing on the appeal or application.
' 5. A variance issued in accordance with this Section shall be
considered a Watershed Protection Permit and shall expire if a
Building Permit or Watershed Occupancy Permit for such use is not
' obtained by the applicant within six (6) months from the date of the
decision.
_.,
6. If the application calls for the granting of a major variance, and
if the Watershed Review 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:
• the variance application;
• the hearing notices;
• the evidence presented;
• motions, offers of proof, objections to evidence, and rulings
on them;
• proposed findings and exceptions; and,
• 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:
a. If the Commission concludes from the preliminary record that
the variance qualifies as a major variance and that the
property owner can secure no reasonable return from, nor make
'
any practical use of the property unless the proposed variance
is granted, and 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
'
17

' shall prepare a Commission decision and send it to the
Watershed Review Board. If the Commission approves the variance
as proposed, the Board shall prepare a final decision granting
' the proposed variance. If the Commission approves the variance
with conditions and stipulations, the Board shall prepare a
final decision, including such conditions and stipulations,
granting the proposed variance.
b. If the Commission concludes from the preliminary record that
' the variance qualifies as a major variance and that (1) the
property owner can secure a reasonable return from or make a
practical use of the property without the variance or (2) the
variance, if granted, will result in a serious threat to the
' water supply, then the Commission shall deny approval of the
variance as proposed. The Commission shall prepare a
Commission decision and send it to the Watershed Review Board.
The Board shall prepare a final decision denying the variance
y
as proposed..
7. A record of all variances aproved by the Watershed Review Board
during a calendar year must be submitted to the Environmental
Management Commission by January 1 of the next calendar year.
r,
' ! C. Subdivision approval. See Article 200.
D. Public Health. See Article 400.
SECTION 508. APPEALS FROM THE WATERSHED REVIEW BOARD.
' Appeals from the Watershed Review Board must be filed with the Superior Court
within 30 days from the date of the decision. Decisions by the Superior Court will
be in the manner of certiorari.
r
ARTICLE 600: DEFINITIONS
SECTION 601. GENERAL DEFINITIONS.
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.
Building. Any structure enclosed and isolated by exterior walls constructed or used
' for residence, business, industry, or public purposes.
Built -upon area. Built -upon areas shall include, that portion of a development
project that is covered by impervious or partially impervious cover including, but
' not limited to, buildings, pavement, gravel roads, and certain recreation
facilities. (Note: 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 non-
residential development as well as single-family residential subdivisions and multi-
family 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
y 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).
Customary Home Occupation. A home occupation is a profession or occupation commonly
carried on on a lot which is in principally residential use where the occupation is
secondary and clearly incidental to the use of the dwelling for living purposes.
See Section 6.04 of the Camden County Zoning Ordinance for further description.
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
J 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.
'' Dwelling Unit. An enclosure containg sleeping, kitchen, and bathroom facilities
designed for and used or held ready for use as a permanent residence by one family.
'r� 19

r-
Existing Development. Those projects that are built or those projects that at a
minimum have established a vested right under North Carolina zoning law as of the
effective date of this ordinance based on at least one of the following criteria:
• substantial expenditures of resources (time, labor, money) based on a
good faith reliance upon having received a valid local government
approval to proceed with the project;
' . having an outstanding valid building permit as authorized by the North
Carolina General Statutes 153A-344.1 and 160A-385.1; or,
' having expended substantial resources (time, labor, money) and having an
approved site specific or phased development plan as authorized by the
North Carolina General Statutes 153A-344.1 and 160A-385.1.
' Existing Lot Lot of Record). A lot which is part of a subdivision a plat of which
-1 has been recorded in the Office of the Register of Deeds prior to the adoption of
this Ordinance, or a lot described by metes and bounds, the description of which has
been so recorded prior to the adoption of this Ordinance.
I
Family. One or more persons occupying a single dwelling unit, provided that unless
all members are related by blood or marriage or adoption, no such family shall
contain over five persons, but further provided that domestic servants employed or
living on the premises may be housed on the premises without being counted as a
family or families.
�-1 Hazardous Material. Any substance listed as such in: Superfund Amendments and
' Reauthorization Act of 1986 (SARA), Section 302, Extremely Hazardous Substances;
Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA)
Hazardous Substances; or, Section 311 of Clean Water Act (CWA) (oil and hazardous
substances).
Industrial Development. Any non-residential development that requires a National
Pollutants Discharge Elimination Systems (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 Chapter 130A Article 9 of the North Carolina General Statutes.
For the purpose of this ordinance this term does not include composting facilities.
Lot. A parcel of land occupied or capable of being occupied by a building or group
' of buildings devoted to a common use, together with the customary accessories and
open spaces belonging to the same.
r
1.1 20

1 .
' Major Variance. A variance that results in any one or more of the following:
• the complete waiver of a management requirement;
'• the relaxation, by a factor of more than ten (10) percent, of any
management requirement that takes the form of a numerical standard;
and/or,
'& the relaxation of any management requirement that applies to a
development proposal intended to qualify under the high density option,
if such option is allowed by the County.
Minor Variance. A variance that does not qualify as a major variance.
Non-residential Development. All development other than residential development,
agriculture, and silviculture.
Plat. A map or plan of a parcel of land which is to be, or has been subdivided.
Protected Area. The area adjoining and upstream of the critical area as delineated
on the map entitled "County of Camden North Carolina Watershed Protection Map" in
which protection measures are required.
Residential Development. Buildings for residence such as attached and detached
single-family dwellings, apartment complexes, condominiums, townhouses, cottages,
and their associated outbuildings such as garages, storage buildings, gazebos, and
customary home occupations.
Single Family Residential. Any development where no building contains more that one
dwelling unit, every dwelling unit is on a separate lot, and where no lot contains
' more than one dwelling unit.
Street (Road). A street is any permanently dedicated public right-of-way which has
' been accepted for maintenance by the North Carolina Department of Transportation or
meets the construction standards of the Department of Transportation.
Structure. Anything constructed or erected, including but not limited to buildings,
which requires location on the land or attachment to something having permanent
location on the land.
Subdivider. Any person, firm, or corporation who subdivides or develops any land
deemed to be a subdivision as herein defined.
' Subdivision. All divisions of a tract or parcel of land into two or more lots,
building sites, or other divisions for the purpose of sale or building development
(whether immediate or future) and shall include all division of land involving the
dedication of a new street or a change in existing streets; but the following shall
not be included within this definition nor be subject to the regulations authorized
by this Ordinance:
21

.. the combination or recombination of portions of previously subdivided
'
and recorded lots where the total number of lots is not increased and
the resultant lots are equal to or exceed the standards of this
Ordinance;
the division of land into parcels greater than 10 acres where no street
right-of-way dedication is involved;
the public acquisition by purchase of strips of land for the widening or
opening of streets;
Ithe
division of a tract in single ownership whose entire area is no
greater than two acres into not more than three lots, where no street
right-of-way dedication is involved and where the resultant lots are
'
equal to or exceed the standards of the this Ordinance; and,
' . the division of a tract into plots or lots used as a cemetery.
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 Watershed, Review
Board relaxing or waiving a water supply watershed management requirement adopted
by the Environmental Management Commission that is incorporated into this Ordinance.
' 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 Camden County
responsible for administration and enforcement of this Ordinance.
22

SECTION 602. WORD INTERPRETATION.
For the purpose of this Ordinance, certain words shall be interpreted as
follows:
Words in the present tense include the future tense.
• Words used in the singular number include the plural, and words used in
the plural number include the singular, unless the natural construction
of the wording indicates otherwise.
• The word "person" includes a firm, association, corporation, trust, and
company as well as an individual.
The word "structure" shall include the word "building."
• The word "lot" shall include the words, "plot," "parcel," or "tract."
• The word "shall" is always mandatory and not merely directory.
• The word "will" is always mandatory and not merely directory.
23