WSCO_RUTH_WSWP Ordinance_20210405

ARTICLE IV. - WATERSHED PROTECTION
Footnotes:
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Editor's note —An ordinance adopted Nov. 15, 1993, and amended by an ordinance adopted May 15,
1997, pertained to watershed protection. Such provisions did not specifically amend the Code, but have
been set forth as Art. IV to Appendix A by the editor. For stylistic conformity, the word "article" has been
changed to read "division." Words in brackets [ ] have been added by the editor, and capitalization has
been conformed.
Cross reference— Buildings and building regulations, Ch. 3; flood damage prevention, Ch. 7.
DIVISION 100. - AUTHORITY AND GENERAL REGULATIONS
Sec. 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 board of commissioners does hereby ordain and
enact into law the following articles as the Watershed Protection Ordinance of Rutherford County.
(Ord. of 5-15-97)
Sec. 102. -Jurisdiction.
The provisions of this ordinance shall apply within the areas designated as a public water supply
watershed by the N.C. Environmental Management Commission and shall be defined and established on
the map entitled, "Watershed Protection Map of Rutherford County, North Carolina," (the watershed map)
which is adopted simultaneously herewith. The watershed map and all explanatory matter contained
thereon accompanies and is hereby made a part of this ordinance. This ordinance shall be permanently
kept on file in the office of the county clerk.
(Ord. of 5-15-97)
Editor's note— The watershed map and explanatory matter reference above is not set out at
length herein, but is on file and available for inspection in the county offices.
Sec. 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 the Code
of Ordinances of Rutherford 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.
(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) 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 ordinance if it is developed for
single-family residential purposes. Any lot or parcel created as part of a family subdivision after the
effective date of these rules shall be exempt from these rules if it is developed for one (1) single-family
detached residence and if it is exempt from local subdivision regulation. Any lot or parcel created as
part of any other type of subdivision that is exempt from a local subdivision ordinance shall be subject
to the land use requirements (including impervious surface requirements) of these rules, except that
such a lot or parcel must meet the minimum buffer requirements to the maximum extent practicable.
(Ord. of 5-15-97)
Sec. 104. - Repeal of existing watershed ordinance.
This ordinance in part carries forward by re-enactment, some of the watershed ordinance of the
Rutherford County, North Carolina (adopted by the board of commissioners on May 15, 1997 as
amended), and it is not the intention to repeal but rather to re-enact and continue in force such existing
provisions so that all rights and liabilities that have accrued thereunder are preserved and may be
enforced. All provisions of the watershed ordinance which are not re-enacted herein are hereby repealed.
All suits at law or in equity and/or 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 ordinance, but shall be prosecuted to their finality
the same as if this ordinance had not been adopted; and any and all violations of the existing watershed
protection ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and
prosecuted, and nothing in this ordinance shall be so construed as to abandon, abate or dismiss any
litigation or prosecution now pending and/or which may heretofore have been instituted or prosecuted.
(Ord. of 5-15-97)
Sec. 105. - Criminal penalties.
Any person violating any provisions of this ordinance shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with NCGS 14-4. The maximum fine for each offense shall
not exceed five hundred dollars ($500.00). Each day that the violation continues shall constitute a
separate offense.
(Ord. of 5-15-97)
Sec. 106. - Remedies.
(A) If any subdivision, development and/or land use is found to be in violation of this ordinance, the 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 fifty dollars ($50.00), action or proceedings to restrain, correct, or abate
the violation; to prevent occupancy of the building, structure, or land; or to prevent any illegal act,
conduct, business, or use in or about the premises. In addition, the N.C. Environmental Management
Commission may assess civil penalties in accordance with G.S. 143-215.6(a). Each day that the
violation continues shall constitute a separate offense.
(B) If the watershed administrator finds that any of the provisions of this 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.
(Ord. of 5-15-97)
Sec. 107. - 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.
(Ord. of 5-15-97)
Sec. 108. - Effective date.
This ordinance shall take effect and be in force on May 15, 1997.
(Ord. of 5-15-97)
DIVISION 200. - SUBDIVISION REGULATIONS
Note: Provisions in this article [division] are derived in part from statutory authority Chapter 153A,
Article 18, Part 2.
Sec. 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 [division].
(B) The approval of a plat does not constitute or effect the acceptance by the Rutherford 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 G.S. 47-30.
(D) All subdivisions of land within the jurisdiction of Rutherford County after the effective date of this
ordinance shall require a plat to be prepared, approved, and recorded pursuant to this ordinance.
(Ord. of 5-15-97)
Sec. 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 designated
watershed area shall comply with the provisions of this article and all other state and local requirements
that may apply.
(B) Subdivision applications shall be filed with the watershed administrator. The application shall include
a completed application form, two (2) copies of the plat and supporting documentation deemed
necessary by the watershed administrator or the watershed review board (see appendix A).
(C) The watershed administrator shall review the completed application and shall either approve, approve
conditionally or disapprove each application. The watershed administrator shall take final action within
forty-five (45) days of submission of the application. 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 action within the prescribed
time limit. Said public agencies may include, but are not limited to, the following:
(1) The district highway engineer with regard to proposed streets and highways.
(2) The director of the health department with regard to proposed private water system or sewer
systems normally approved by the health department.
(3) The state division of environmental management with regard to proposed sewer systems
normally approved by the division, engineered storm water controls or storm water management
in general.
(4) Any other agency or official designated by the watershed administrator or watershed review
board.
(D) If the watershed administrator approves the application, such approval shall be indicated on both
copies of the plat by the following certificate and signed by the watershed administrator:
Certificate of Approval for Recording
I certify that the plat shown hereon complies with the Watershed Protection Ordinance and is
approved by the Watershed Review Board for recording in the Register of Deeds office.
Date
Watershed Administrator
NOTICE: This property is located within a public water supply watershed -development restrictions
may apply.
(E) If the watershed administrator 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 plat shall be recorded within thirty (30) days of approval. The subdivider shall provide the
watershed administrator with evidence the plat has been recorded with the register of deeds within
five (5) working days.
(Ord. of 5-15-97)
Sec. 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 may be
developed using built -upon area criteria in accordance with article 300.

(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 [local agency administering a sedimentation and erosion control ordinance approved by the
N.C. Division of Land Quality].
(E) Roads constructed in critical areas and watershed buffer areas. Where possible, roads should be
located outside of critical areas and watershed buffer areas. Roads constructed within these areas
shall be designed and constructed to minimize their impact on water quality.
(Ord. of 5-15-97)
Sec. 204. - Construction procedures.
(A) No construction or installation of improvements shall commence in a proposed subdivision until a
subdivision 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 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.
(Ord. of 5-15-97)
Sec. 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
Rutherford 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. Rutherford 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.
(Ord. of 5-15-97)
DIVISION 300. - DEVELOPMENT REGULATIONS
Sec. 301. - Establishment of watershed areas.
The purpose of this article [division] is to list and describe the watershed areas herein adopted.
For purposes of this ordinance the county is hereby divided into the following area[s], as appropriate:
WS-IV-CA (Critical Area)
WS-IV-PA (Protected Area)

(Ord. of 5-15-97)
Sec. 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 a 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 at a
maximum of twenty-four (24) percent built -upon area. New residuals application sites and landfills are
specifically prohibited.
High density development using engineered stormwater control devices is permitted in this district.
Ultimate responsibility for the operation and maintenance of these controls will rest with the local
government.
(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 11.6101.0209).
(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 (2) dwelling units per acre on
a project by project basis. No residential lot shall be less than one-half ('h) acre (or 20,000
square feet excluding roadway right-of-way), except within an approved cluster
development.
(b) All other residential and non -residential —development shall not exceed twenty-four (24)
percent built -upon area on a project by project basis. For the purpose of calculating the built -
upon area, total project area shall include total acreage in the tract on which the project is to
be developed.
(B) WS-IV Watershed Areas —Protected Area (WS-IV-PA). Only new development activities that require
an erosion/sedimentation control plan under state law or approved local government program are
required to meet the provisions of this ordinance. In order to accommodate moderate to high land use
intensity, single-family residential uses shall develop at a maximum of two (2) dwelling units per acre
(2 du/ac). All other residential and non-residential development shall be allowed at a maximum of
twenty-four (24) percent built -upon area. A maximum of three (3) dwelling units per acre (3 du/ac) or
thirty-six (36) percent built -upon area is allowed for projects without a curb and gutter street system.
(1) Uses allowed:
(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 11.1601.0209).
(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 ('h) acre
(or 20,000 square feet excluding roadway right-of-way), or one-third ( 1/3 ) acre for projects
without a curb and gutter street system, except within an approved cluster development.
(b) All other residential and non -residential —Development shall not exceed twenty-four (24)
percent built -upon area on a project by project basis. For projects without a curb and gutter
street system, development shall not exceed thirty-six (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.
(c) Optional for local governments that do not choose to incorporate the high density option —
In addition to the development allowed under paragraphs (a) and (b) above, new
development and expansions to existing development may occupy up to ten (10) percent of
the protected area with up to seventy (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 SNIAs consistent with the provisions of this ordinance. Projects must,
to the maximum extent practicable, minimize built -upon surface area, director 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 5-15-97)
Sec. 303. - Cluster development.
Cluster development is allowed in all watershed areas (except WS-1) 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 in section 302. Density or built -upon area for the project shall not exceed that
allowed for the critical area or balance of watershed, 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.
(C) 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.
(Ord. of 5-15-97)
Sec. 304. - Buffer areas required.
(A) A minimum one hundred (100) foot vegetative buffer is required for all new development activities
that exceed the low density option; otherwise, a minimum of 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.

(Ord. of 5-15-97)
Sec. 305. - Rules governing the interpretation of watershed area boundaries.
Where uncertainty exists as to the boundaries 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 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 prepared by a registered land
surveyor may be submitted to Rutherford County as evidence that one (1) or more properties
along these boundaries do not lie within the watershed area.
(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 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 interpret the watershed map
as to location of such boundaries. This decision may be appealed to the watershed review board.
(Ord. of 5-15-97)
Sec. 306. - 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.
(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) If a use or class or use is not specifically indicated as being allowed in a watershed area, such use
or class of use is prohibited.
(Ord. of 5-15-97)
Sec. 307. - Existing development.
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 built -upon area calculations.
(A) 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 as follows:
(1) When such use of land has been changed to an allowed use, it shall not thereafter revert to
any prohibited use.
(2) Such use of land shall be changed only to an allowed use.
(3) When such use ceases for a period of at least one (1) year, it shall not be reestablished.

(B) 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:
(1) Repair or reconstruction is initiated within twelve (12) months and completed within two (2)
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 5-15-97)
Sec. 308. -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 filed with the watershed administrator. The
application shall include a completed application form (see Appendix A) and supporting documentation
deemed necessary by the watershed administrator.
Editor's note— Appendix A referenced above is not set out herein, but is on file and available
for inspection in the office of the clerk to the board.
(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.
(Ord. of 5-15-97)
Sec. 309. - Building permit required.
No permit required under the North Carolina State Building Code shall be issued for any activity for
which a watershed protection permit is required until that permit has been issued.
(Ord. of 5-15-97)
Sec. 310. - 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 a watershed protection occupancy permit.
(Ord. of 5-15-97)
DIVISION 400. - PUBLIC HEALTH REGULATIONS
Sec. 401. - Public health, in general.
No activity, situation, structure or land use shall be allowed within the watershed which poses a
threat to water quality and the public health, safety and welfare. Such conditions may arise from
inadequate on -site sewage systems which utilize ground absorption; inadequate sedimentation and
erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer
area; the improper management of stormwater runoff; or any other situation found to pose a threat to
water quality.
(Ord. of 5-15-97)
Sec. 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.
(Ord. of 5-15-97)
DIVISION 500. - ADMINISTRATION, ENFORCEMENT AND APPEALS
Sec. 501. - Watershed administrator and duties thereof.
Rutherford 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:
(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 the local water supply
watershed protection ordinance and shall provide copies of all amendments upon adoption to the
water quality section of the division of environmental management.

(D) The watershed administrator shall keep records of the jurisdiction's use of the provision that a
maximum of ten (10) percent of the non -critical area of WS-11 and WS-111 watersheds and, for local
governments that do not choose to incorporate the high density option, ten (10) percent of the
protected area of WS-IV watersheds may be developed with new development at a maximum of
seventy (70) percent built -upon surface area. Records for each watershed shall include the total
acres of non -critical watershed area, total acres eligible to be developed under this option, total
acres approved for this development option, and individual records for each project with the
following information: location, number of developed areas, type of land use and stormwater
management plan (if applicable).
(E) 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 Rutherford
County. The watershed administrator, or his duly authorized representative, may enter any
building, structure, or premises, as provided by law, to perform any duty imposed upon him by
this ordinance.
(F) The watershed administrator shall keep a record of variances to the local water supply watershed
protection ordinance. This record shall be submitted for each calendar year to the water quality
section of the division of environmental management on or before January 1st of the following
year and shall provide a description of each project receiving a variance and the reasons for
granting the variance.
(Ord. of 5-15-97)
Sec. 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.
(Ord. of 5-15-97)
Sec. 503. - Changes and amendments to the watershed protection ordinance.
(A) The Rutherford County Governing Board 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 Rutherford County Governing Board may proceed as though a favorable report had
been received.
(C) Under no circumstances shall the Rutherford County Board adopt such amendments, supplements
or changes that would cause this ordinance to violate the watershed protection rules as adopted by
the N.C. Environmental Management Commission. All amendments must be filed with the N.0 Division
of Environmental Management, N.C. Division of Environmental Health, and the N.C. Division of
Community Assistance.
(Ord. of 5-15-97)
Sec. 504. - Public notice and hearing required.
Before adopting or amending this ordinance, the Rutherford County Governing Board shall hold a
public hearing on the proposed changes. A notice of the public hearing shall be given once a week for
two (2) 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.
(Ord. of 5-15-97)
Sec. 505. - Establishment of watershed review board.
(A) There shall be and hereby is created the watershed review board. The Rutherford County Planning
Commission shall serve as the watershed review board.
(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 one (1) year terms. 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.
(Ord. of 5-15-97)
Sec. 506. - Rules of conduct for members.
Members of the board may be removed by the Rutherford County Governing Board 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: (1) cause him or his spouse to experience a direct
financial benefit or loss, or (2) will cause a business in which he or his spouse owns a ten (1)
percent 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).
(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 properjudgment 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.
(Ord. of 5-15-97)
Sec. 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, Rutherford County 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.
(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; 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
in the watershed and the 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 (3)
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 (5) following conditions exist:
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.

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, 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.
(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:
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to evidence, and rulings on them;
(e) Proposed findings and exceptions;
(f) 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:
If the commission concludes from the preliminary record that the variance qualifies as a major
variance and that (1) the property owner can secure no reasonable return from, nor make any
practical use of the property unless the proposed variance is granted, and (2) the variance, if
granted, will not result in a serious threat to the water supply, then the commission shall approve
the variance as proposed or approve the proposed variance with conditions and stipulations. The
commission shall prepare a commission decision and send it to the 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.
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 as proposed.
(C) Subdivision approval. See article [division] 200.
(D) Public health. See article [division] 400.
(E) Approval of all development greater than the low density option.
(Ord. of 5-15-97)
Sec. 508. - Appeals from the watershed review board.
Appeals from the watershed review board must be filed with the superior court within thirty (30) days
from the date of the decision. Decisions by the superior court will be in the manner of certiorari.
(Ord. of 5-15-97)
DIVISION 600. - DEFINITIONS
Sec. 601. - General definitions.
Agricultural use. The use of waters for stock watering, irrigation, and other farm purposes.
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 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 (2) buildings by means of an
open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall
not be deemed to make them one (1) building.
Built -upon area. Built -upon areas shall include 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. 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 includes nonresidential development as well as single-family residential and
multifamily developments. For the purpose of this ordinance, planned unit developments and mixed use
development are considered as cluster development.
Critical area. The area adjacent to a water supply intake or reservoir where risk associated with
pollution is greater than from the remaining portions of the watershed. The critical area is defined as
extending 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 occupations. Any use conducted entirely within a dwelling and carried on by the
occupants thereof, which use is clearly 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
twenty-five (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. 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.
Dwelling unit. A building, or portion thereof, providing complete and permanent living facilities for one
(1) family.
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 (1) of the following criteria:
(1) 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; or
(2) Having an outstanding valid building permit as authorized by the General Statutes (G.S. 153A-
344.1 and G.S. 160A-385.1); or
(3) Having an approved site specific or phased development plan as authorized by the General
Statutes (G.S. 153A-344.1 and G.S. 160A-385.1).
Existing lot (lot of record). A lot which is part of a subdivision, a plat of which has been recorded in
the office of the register of deeds prior to the adoption of this ordinance, or a lot described by metes and
bounds, the description of which has been so recorded prior to the adoption of this ordinance.
Family. One (1) 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 (5) 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.
Family subdivision. Family subdivision means a division of a tract of land: (a) to convey the resulting
parcels, with the exception of parcels retained by the grantor, to a relative or relatives as a gift or for
nominal consideration, but only if no more than one (1) parcel is conveyed by the grantor from the tract to
any one relative; or (b) to divide land from a common ancestor among tenants in common, all of whom
inherited by intestacy or by will.
Industrial development. Any non-residential development that requires an NPDES permit for an
industrial discharge and/or requires the use or storage of any hazardous material for the purpose of
manufacturing, assembling, finishing, cleaning or developing any product or commodity.
Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance with
chapter 130A, article 9 of the N.C. 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.
Major variance. A variance from the minimum statewide watershed protection rules that results in
any one (1) or more of the following:

(1) The relaxation, by a factor greater than ten (10) percent, of any management requirement;
(2) The relaxation, by a factor greater than five (5) 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. A variance from the minimum statewide watershed protection rules that results in a
relaxation, by a factor of up to five (5) percent of any buffer, density or built -upon area requirement under
the high density option; or that results in a relaxation, by a factor of up to ten (10) percent, of any
management requirement under the low density option.
Nonconforming lot of record. A lot described by a plat or a deed that was recorded prior to 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.
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 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 10 miles upstream and draining to
the intake located directly in the stream or river or to the ridgeline of the watershed.
Residential development. 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. 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. Any development where: (1) no building contains more than one (1)
dwelling unit; (2) every dwelling unit is on a separate lot; and (3) where no lot contains more than one (1)
dwelling unit.
Street (road). A right-of-way for vehicular traffic which affords the principal means of access to
abutting properties.
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 (2) 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:
(1) 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;
(2) The division of land into parcels greater than ten (10) acres where no street right-of-way
dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of streets;

(4) The division of a tract in single ownership whose entire area is no greater than two (2) acres into
not more than three (3) lots, where no street right-of-way dedication is involved and where the
resultant lots are equal to or exceed the standards of this ordinance;
(5) 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
offspring 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 Rutherford County responsible for
administration and enforcement of this ordinance.
(Ord. of 5-15-97)
Sec. 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.
(Ord. of 5-15-97)