WSCO_BERT_WSWP Ordinance_20210503

BERTIE COUNTY
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 Governing Board of Bertie County does hereby
ordain and enact into law the following articles as the Watershed Protection Ordinance of Bertie County.
Section 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 Bertie 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 Bertie County Clerk.
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 the Code of Ordinances of Bertie County; however, the adoption of this Ordinance shall and
does amend any and all ordinances, resolutions, and regulations in effect in Bertie 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 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.
Section 104. 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 $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 Bertie 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 $50, 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.
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 June 1, 2013.
ARTICLE 200: SUBDIVISION REGULATIONS.
Section 201. General Provisions.
No subdivision plat of land within the Public Water Supply Watershed shall be filed or recorded by the
Register of Deeds until it has been approved in accordance with the provisions of this Article and in
accordance with the Bertie County Subdivision Ordinance as amended. 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.
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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.
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
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 N.C. Division of Energy, Mineral and Land Resources.
(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.
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 Bertie County Public Water Supply Watershed is hereby divided into
the following areas, as appropriate:
WS-IV-CA (Critical Area)
WS-IV-PA (Protected Area)
Section 302. Watershed Areas Described.
(A) WS-IV Watershed Areas - Critical Area (WS-IV-CA). Only new development activities that
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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 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 1L0101-.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 (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 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-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 when located in a WS-IV watershed. 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/acl. 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 (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 1L0101-.0209).
(c) Residential development.
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(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
(1/2) 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 percent (24%) built -upon area on a project by project basis. For projects without a
curb and gutter 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.
(c) In addition to the development allowed under paragraphs (a) and (b) above, new
development and expansions to existing 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 Watershed
Administrator is authorized to approve SIAs 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 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 303. Noncontiguous Properties as Single Contiguous Property (this section added due to
change in G.S. 143-214.5)
Per G.S. 143-214.5, as amended, an applicant is allowed to average development density on up to two
noncontiguous properties for purposes of achieving compliance with the water supply watershed
development standards if all of the following circumstances exist:
(1) The properties are within the same water supply watershed. If one of the properties is located
in the critical area of the watershed, the critical area property shall not be developed beyond the
applicable density requirements for its classification.
(2) Overall project density meets applicable density or stormwater control requirements under
15A NCAC 2B .0200.
(3) Vegetated buffers on both properties meet the minimum statewide water supply watershed
protection requirements.
(4) Built upon areas are designed and located to minimize stormwater runoff impact to the
receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow
through vegetated areas, and maximize the flow length through vegetated areas.
(5) Areas of concentrated density development are located in upland areas and, to the maximum
extent practicable, away from surface waters and drainageways.
(6) The property or portions of the properties that are not being developed will remain in a
vegetated or natural state and will be managed by a homeowners' association as common area,
conveyed to a local government as a park or greenway, or placed under a permanent
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conservation or farmland preservation easement unless it can be demonstrated that the local
government can ensure long-term compliance through deed restrictions and an electronic
permitting mechanism. A metes and bounds description of the areas to remain vegetated and
limits on use shall be recorded on the subdivision plat, in homeowners' covenants, and on
individual deed and shall be irrevocable.
(7) Development permitted under density averaging and meeting applicable low density
requirements shall transport stormwater runoff by vegetated conveyances to the maximum
extent practicable.
(8) A special use permit or other such permit or certificate shall be obtained from the local
Watershed Review Board or Board of Adjustment to ensure that both properties considered
together meet the standards of the watershed ordinance and that potential owners have record of
how the watershed regulations were applied to the properties."
Section 304. Cluster Development.
Cluster 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 in Section 302. Density or built -upon area for the project shall not
exceed that allowed for the critical area, 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 drainage ways.
(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 305. Vegetative Setbacks Required.
(A) A minimum one hundred (100) foot vegetative setback is required for all new development
activities that exceed the low density option; otherwise, a minimum thirty (30) foot vegetative setback 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 setback 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
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waters and maximize the utilization of stormwater Best Management Practices.
Section 306. 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 the County as evidence that one 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.
Section 307. 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.
(_Q 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 308. 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.
(Al 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.
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(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 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.
ARTICLE 400: PUBLIC HEALTH REGULATIONS
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: ADMINISTRATION, ENFORCEMENT AND APPEALS
Section 501. Watershed Administrator and Duties thereof.
Bertie County shall appoint a Watershed Administrator, as delegated by the Board of
Commissioners. 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 keep a record of all permits on file. The record 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 the
Division of Water Quality.
(D) The Watershed Administrator shall keep records of the jurisdiction's use of the provision that
a maximum of ten percent (10%) of the protected area of WS-IV watersheds may be developed with new
development at a maximum of seventy percent (70%) 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
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project with the following information: location, number of developed acres, type of land use —and
stormwater management plan (if applicablel.
(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 the
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 Division of
Water Quality 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.
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 Bertie 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 Bertie County Board of Commissioners may proceed as though a favorable
report had been received.
(C) Under no circumstances shall the Bertie County Board of Commissioners 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.C. Division of Water Quality.
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Section 504. Establishment of Watershed Review Board.
There shall be and hereby created the Watershed Review Board appointed by the Bertie County Board of
Commissioners.
Section 505. 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 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 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:
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(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.
(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:
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(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:
(a) 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.
(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 as proposed.
(C) Subdivision approval. See Article 200.
(D) Public Health. See Article 400.
(E) Approval of all development greater than the low density option. See Appendix C.
Section 506. 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.
ARTICLE 600: DEFINITIONS
Section 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
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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 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 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 multi-
family 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 percent (25%) 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 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 of the following criteria:
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(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 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.
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 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 or more of the following:
(1) the relaxation, by a factor greater than ten (10) percent, of any management requirement
under the low density option;
(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.
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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 that one dwelling
unit, 2) every dwelling unit is on a separate lot, and 3) where no lot contains more than one 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 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 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 acres
into not more than three lots, where no street right-of-way dedication is involved and
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where the resultant lots are equal to or exceed the standards of the 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 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 Bertie County responsible for
administration and enforcement of this ordinance.
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.
Chairman J. Wallace Perry