WSCO_BURK_WSWP Ordinance_20200309

ARTICLE XXII WATER SUPPLY WATERSHED PROTECTION OVERLAY
DISTRICT
Section 2200. Establishment of Watershed Areas
Within the County Planning jurisdiction the following watershed overlay districts shall be
established:
Warrior Fork WS-III-CA (Critical Area) (150 acres)
Warrior Fork WS-III-BW (Balance of Watershed) (53,144 acres)
Jacob Fork WS-III (Balance of Watershed) (29,833 acres)
Catawba River WS-IV-CA (Critical Area) (190 acres)
Catawba River WS-IV-PA (Protected Area) (8,677acres)
Lake Hickory WS-IV-CA (Critical Area) (two intakes) (1,619 acres)
Lake Hickory WS-IV-PA (Protected Area) (11,501 acres)
Lake Rhodhiss WS-IV-CA (Critical Area) (three intakes) (12,161 acres)
Lake Rhodhiss WS-IV-PA (Protected Area) (56,601 acres)
Lake James WS-IV-CA (Critical Area) (988 acres)
Lake James WS-IV-PA (Protected Area) (1,532 acres)
Section 2201. Intent
The purpose of the Water Supply Watershed Protection Overlay District (WSWP)
is to define the area of water supply watersheds within the County. The intent of
the overlay district is to manage the uses of land and structures encompassed by
water supply watersheds within the County in order to maintain a high quality of
surface water in these watersheds; this being accomplished by enforcing
standards that limit the impact from existing or potential sources of contamination
through the regulation of average lot size, development intensity, and built upon
area.
Section 2201.01 Scope
Land use within the WSWP overlay district must comply with all the requirements
of both the underlying general use district and the applicable Water Supply
Watershed overlay district classification. If a use or class of use is not specifically
indicated as being permitted in a watershed area, such use or class of use is
prohibited.
Section 2201.02 Establishment of Boundaries
This incorporates by reference the "Official Water Supply Watershed Map for
Burke County," hereinafter "Official Water Supply Watershed Map," and
subsequent amendments thereto, showing all water supply watershed areas
designated by the NCEMC. The Official Water Supply Watershed Map shall be
maintained by the Planning Director and kept in the Planning Department. The
Official Water Supply Watershed Map shall also be shown as an overlay district

on and become part of the Official Zoning Map for the County. The rules of
interpretation for the boundaries of the map (see Article VI, Sec. 606 Rules for
Determining Boundaries) apply. In addition, where any WSWP overlay district
boundaries lie at a scaled distance of more than 25 feet from any parallel lot line,
the location of these map boundaries shall be determined by using the scale of
the map.
If a property owner can demonstrate his or her land drains into another
watershed or into the receiving stream below the intake in the same watershed,
the Zoning Administrator can exempt that specific area from the watershed
regulations. Minor boundary interpretations must be sent to NCDWQ for
verification and final approval.
Section 2201.03 Impact on Water Qualitv and Public Health
No activity, situation, structure or land use shall be allowed within a WSWP
overlay sub -district that poses a threat to water quality and/or the public health,
safety and welfare. Such conditions may arise from inadequate on -site sewage
systems which utilize ground absorption; inadequate sedimentation and erosion
control measures; the improper storage or disposal of junk, trash or other refuse
within a buffer area; the improper management of stormwater runoff; or any other
situation found to pose a threat to water quality. The Zoning Administrator shall
monitor land use activities within the watershed areas to identify situations that
may pose a threat to water quality. Where such activities are found, the Zoning
Administrator shall take any appropriate action or proceeding to restrain, correct
or abate the condition and/or violation.
Section 2201.04 General.
(a) Watershed Protection Permit shall be part of the Burke County Zoning
Permit.
(b) Prior to issuance of a Watershed Protection Permit, the Zoning
Administrator may consult with qualified personnel for assistance to
determine if the application meets the requirements of this ordinance.
Section 2201.05. Existing Development.
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 built -upon area calculations if built prior to January 1,
1994.
Section 2202. Watershed Areas Described.

Section 2202.01 WS-III Watershed Areas - Critical Area (VVS-III-CA).
Applicable to Warrior Fork WS-111-CA
In order to maintain a low to moderate land use intensity pattern, single family
residential uses shall be allowed at a maximum of one dwelling unit per acre. All
other residential and non-residential development shall be allowed at a maximum
twelve percent (12%) built -upon area. New residuals application sites and
landfills are specifically prohibited.
(1) 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 and the
rules and regulations of the Soil and Water Conservation Commission.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines
Related to Water Quality (15 NCAC 11.-0101-.0209).
(c) Residential.
(d) Non-residential development, excluding: 1) landfills and 2) sites for
land application residuals or petroleum contaminated soils.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one dwelling
unit per acre (1 du/ac) on a project by project basis. No residential lot shall
be less than one acre except within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not
exceed twelve percent (12%) built -upon area on a project by project basis.
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.
Section 2202.02 WS-III Watershed Areas - Balance of Watershed (WS-III-BW).
Applicable to Warrior Fork WS-III and Jacob Fork WS-III
In order to maintain a low to moderate land use intensity pattern, single family
detached uses shall develop at a maximum of two (2) dwelling units per acre
(2du/ac). All other residential and non-residential development shall be allowed
a maximum of twenty-four percent (24%) built -upon area.
In addition, new development and expansions to existing development
may occupy ten percent (10%) of the balance of the watershed area in the
county with up to seventy Percent (70%) built upon area when approved

as a special intensity allocation (SIA). The Zoning Administrator is
authorized to approve SIA's consistent with the provisions of this
ordinance. Projects must, to the maximum extent practicable, minimize
built -upon surface area, direct stormwater away from surface waters and
incorporate Best Management Practices (BMPs) to minimize water quality
impacts. Non -discharging landfills and residuals application sites are
allowed (landfills (see Article IX, Sec. 920 Table of Permitted and
Permissible Uses by District). Projects applying for an SIA will be
considered on a case by case basis and in a first come first serve order.
When ten percent (10%) of the balance of the watershed has received
SIAs no further SIAs will be allowed. Warrior Fork WS-111 shall have 5,314
acres for SIA; Jacob Fork WS-111 shall have 2,983 acres for SIA.
(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 NCAC 11.0101-.0209).
(c) Residential development.
(d) Non-residential development excluding discharging
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed two_(2)
dwelling units per acre on a project by project basis. No residential lot
shall be less than one half (1 /2) acre except within an approved cluster
development.
Section 2202.03 WS-IV Watershed Areas - Critical Area (WS-IV-CA).
Applicable to Lake James WS-IV-CA, Catawba River WS-IV-CA Lake Hickory
WS-IV-CA, Lake Rhodhiss WS-IV-CA
All new development activities that require an erosion/sedimentation control plan
under State law are required to meet the provisions of this ordinance when
located in the WS-IV-CA 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 or as established in Sec. 1001, Minimum Lot
Area. All other residential and non-residential development shall be allowed
twenty-four percent (24%) built -upon area. New residuals application sites and
landfills are specifically prohibited.
(1) 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 and the
rules and regulations of the Soil and Water Conservation Commission.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines
Related to Water Quality (15 NCAC 11.-0101-.0209).
(c) Residential.
(d) Non-residential development, excluding: 1) landfills, and 2) sites for
land application of residuals or petroleum contaminated soils.
(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 (1/2) acre except within an approved cluster development.
(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 built -upon area, the total project area
shall include total acreage in the tract on which the project is to be
developed.
Section 2202.04 WS-IV Watershed Areas - Protected Area (WS-IV-PA).
Applicable to Lake James WS-IV-CA, Catawba River WS-IV, Lake Hickory WS-
IV-PA Lake Rhodhiss WS-IV-PA
Only new development activities that require an erosion/sedimentation control
plan under State law are required to meet the provisions of this ordinance when
located in the WS-IV-PA 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.
(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 NCAC 11.-0101-.0209).
(c) Residential development.
(d) Non-residential development.

(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 (112) acre except within an
approved cluster development (see Article X, Sec. 1001 Minimum Lot
Area).
(b) All Other Residential and Non -Residential --development shall not
exceed twenty-four percent (24%) built -upon area on a project by project
basis. A maximum of thirty-six percent (36%) built -upon area is allowed for
projects without a curb and gutter street system. For the purposes of
calculating built -upon area, total project area shall include acreage in the
tract on which the project is to be developed.
(c) In addition to the development allowed under paragraphs (a) and (b)
above, other development may occupy up to ten percent (10%) of the
protected area with up to seventy percent (70%) built -upon area on a
project by project basis, when approved as a special intensity allocation
(SIA). The Zoning Administrator is authorized to approve SIAs consistent
with the provisions of this ordinance. Catawba River WS-IV-PA shall have
868 acres for SIA; Lake Hickory WS-IV-PA shall have 1,150 acres for SIA;
and Lake Rhodhiss WS-IV-PA shall have 5,660 acres for SIA. Projects
must, to the maximum extent practicable, minimize built -upon surface
area, direct stormwater away from surface waters and incorporate best
management practices (BMPs) 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.
Section 2203 Cluster Development.
Clustering of development is allowed in all Watershed Areas under the following
conditions:
(A) Minimum lot sizes are not applicable to single family cluster development
projects; however, the total number of lots shall not exceed the number of lots
allowed for single family detached developments. Density or built -upon area of
the project shall not exceed that allowed for the critical area or balance of
watershed or protected area, whichever applies.
(B) All built -upon area shall be designed and located to minimize stormwater
runoff impact to the receiving waters and minimize concentrated stormwater flow,
maximize the use of sheet flow through vegetated areas, and maximize the flow
length through vegetated areas.

(C) Areas of concentrated density development shall be located in upland area
and away, to the maximum extent practicable, from surface waters and
drainageways.
(D) The remainder of the tract shall remain in a vegetated or natural state. The
title to the open space area shall be conveyed to an incorporated homeowners
association for management; to a local government for preservation as a park or
open space; or to a conservation organization for preservation in a permanent
easement. Where a property association is not incorporated, a maintenance
agreement shall be filed with the property deeds.
(E) Cluster developments that meet the applicable low density requirements shall
transport stormwater runoff by vegetated conveyances to the maximum extent
practicable.
Section 2204 Buffer Areas Reauired
(A) A minimum one hundred (100) foot vegetative buffer is required for all new
development activities that exceed the low density option (utilize the 10/70
provision); otherwise, 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 local government studies. Desirable artificial streambank or
shoreline stabilization is permitted.
(B) No new development is allowed in the buffer except for water dependent
structures, other structures such as flag poles, signs and security lights which
result in only diminutive increases in impervious area and public projects such as
road crossings and greenways where no practical alternative exists. These
activities should minimize built -upon surface area, direct runoff away from the
surface waters and maximize the utilization of stormwater best management
practices (BMPs).
Section 2205 Administration
Section 2205.01 Recordkeeoin
The Zoning Administrator shall enforce the provisions of the zoning chapter as
specified in Article XV, Sec. 1502. Within the watershed overlay districts, he or
she shall have the following additional duties:
(1) Submit copies of all amendments upon adoption to the NC Division
of Water Quality;
(2) Maintain list of all variances, including a description of each project

receiving a variance and the reasons for granting the variance, and
submit a copy each calendar year to the NC Division of Water
Quality by January 1 of each calendar year;
(3) Keep records of the jurisdiction's utilization of the provision that a
maximum of 10% of the non -critical area of the Warrior Fork WS-111
(5,314 acres SIA); Jacob Fork WS-11I (2,983 acres SIA), Catawba
River WS-IV-PA (868 acres SIA), Lake Hickory WS-IV-PA (1,150
acres SIA) and Lake Rhodhiss WS-IV-PA (5,660 acres SIA) may
be developed to a maximum of 70% built -upon area;
(4) Monitor land -use activities in the watershed to identify situations
that may threaten water quality. He or she shall report these
situations to the agency with direct regulatory responsible for these
activities;
(5) Ensure that a certificate of approval is included on all plats subject
to the Burke County Subdivision Regulations as follows:
I certify that the plat shown hereon complies with the Burke County Watershed
Protection Overlay District and is approved for recording in the Register of Deeds
office.
Date Zoning Administrator
Section 2205.02 Appeals
All appeals from the decision of the zoning enforcement officer shall be submitted
to the Board of Adjustment (see Article XVII, Sec. 1702). Further, any appeals
from the board of adjustment shall be to the Superior Court within 30 days (see
Article XVI I, Sec. 1702.05), not to the County Board of Commissioners.
Section 2205.03 Amendments.
All amendments to the watershed regulations shall be handled as specified
(Article XVI, Sec. 1601) through (Article XVI, Sec.1603). Under no circumstances
shall the county amend supplement or change the watershed regulations that
would cause the regulations to violate the watershed protection rules as adopted
by the NCEMC (NCGS 143-214.5 and 15A NCAC .0100 and .0200). All
amendments shall be filed with NCDWQ.
Section 2205.04 Watershed Variances.
(1) The Board of Adjustment shall handle minor variances.

(2) Major variance.
(a) If a MAJOR VARIANCE (see definition) is requested, Board of
Adjustment, after making a favorable decision in granting the request,
shall prepare a preliminary record of the hearing. The preliminary record of
the hearing shall include:
1. The variance application;
2. The hearing notices;
3. The evidence presented;
4. Motions, offers of proof, objections to evidence, and rulings on
them;
5. Proposed findings and exceptions;
6. The proposed decision, including all conditions proposed to be
added to the permit.
(b) The information shall be sent to the NCEMC for its review.
(c) North Carolina Environmental Management Commission.
1. The NCEMC shall review the preliminary record and determine
whether or not:
a. The request qualifies as a major variance;
b. The property owner can secure no reasonable return from,
nor make any practical use of, the property, unless the
proposed variance is granted; and
c. The variance, if granted, will result in a serious threat to the
water supply. Based on its findings the NCEMC shall
approve the variance as proposed or approve the proposed
variance with conditions and stipulations, or disapprove it.
The NCEMC shall prepare a decision and send it to the
County Board of Adjustment. This Board shall prepare a
final decision, based on the determination of the NCEMC.
(3) In designated drinking water supply watersheds, the Zoning Administrator
shall notify and allow a reasonable comment period for any jurisdictions
within the watershed and the entity using the water supply for
consumption of a proposed variance to the watershed regulations. Local
governments may submit any comments to the Zoning Administrator

before the public hearing by the County Board of Adjustment.