WSMU_MRSV_Fax_19971120

11%20i97 TIlt 11:58 FAX a:POYNER & SPRt1ILL:t: CJ001
ri
11 1I
4 I ;gg
E
I
r FAX IbyrSu.LLS: I
CTUE/11F1'7 A? I
I I, '
I
I
LEGAL SERVICES
TO • Banking, Credit and '
Name: Brent McDonald Financial Services 1 !,
- • Bankruptcy/Creditors'Rights
Location: DENR, Division of Water Quality • Business Location Services !I ik
• Complex Business Litigation
:
Telephone Number: • Construction
Fax Number: 733-9919 • Eminent 1
Domain/Condemnation
Total Pages Including This Cover Sheet: 27 • Employee BenefitsiERlSA
• Employment Law 1 I
• Entertainment Law
FROM • Environmental Law 1,
=• Exempt Organizations
Name: Glenn Dunn • Financial Institutions 1
• General Corporate
Date: Time:
• Government,Regulatory and
Comments: Municipal Law
• Health Care Law
Please deliver as soon as possible. Thanks. .
• Immigration Law _ 1
• International Law LO
• Mergers and Acquisitions
• Municipal and Utilities
y Litigation I I
� ��tii I • Professional Liability Hr',
Eli • Public Finance/Bond
NOV 21 1997 Transactions ;
j,
• Real Estate II,
WATER SUPPLY PROTECTION • Securities Law il
• Tax ` r
• Technology and Emerging
t
11;1 ,, Business I1!
• Tort Litigation and Insurance
Defense
If all pages are not received or there is a problem with this • Transportation Litigation fil
transmission, please call [phone] and • Trusts and Estates ( '
• Appellate
Ask for: ext. 2919
3600 Glenwood Avenue • P.O. Box 10096 • Raleigh, NC 27605-0096 • [phone] • Fax: [phone] '
i www.poyn erspruill.com
The information contained in this facsimile message is Attorney Privileged and Confidential
Information intended only for the use of the individual or entity named as recipient,
1 'I
I
1
i
it
1

'11/20;97 THU 11:59 FAX :PO NER & SPRLILL::: [ 002 1
N ov-19-97 12 : 34P P . 01 1
1
of 111004e
a „
I.? , *.\1. - \ ef .
Jo''' In
S ....,.....„ , 71 ,
Town Of Mooresville
1
Planning & Engineering 1
Fax Transmission
Cover Sheet
P.O. Box 878
Mooresville, NC 28116
[phone] [phone] (Fax)
-�--� 1
/ J •
Send To: /:eii 4i/ t
i,
From:
kip CA-vt i
1
Date: Total Pages:
/( / ,i
(Including Cover Sheet) a I
1
1 ,1
Comments:
I
11/19/97 WED 11: 37 [TX/RX NO 6432] Z Dol.
I
.ditiiiiiiftligitatt

g
.11/20/97 THU 11:59 FAX ,;,POYIER & SPRUILL ; 2003
Nov- 19-97 12 : 34F N . 02
li I 1
ARTICLE 14 I'
WATER SUPPLY WATERSHED REGULATIONS
Section 14.1 Authority and Enactment
i
The Legislature of the State of North Carolina has, in Chapter 160A, Article 8, 1
Section 174, General Ordinance Authority; and in Chapter 143, Article 21, I
Watershed Protection Rules, delegated the responsibility or directed local , l,'b
governmental units to adopt regulations designed to promote the public health, !,
safety, and general welfare of its citizenry. The Mooresville Town Board does
hereby ordain and enact into law the text contained in Article 14 to satisfy said ii
statutory requirements. 1 ii
Section 14.2 Jurisdict= I ',
The provisions of this Article shall only apply within the areas designated as Water i
Supply Watersheds by the N.C. Environmental Management Commission and I
shall be depicted on the Town of Mooresville's official zoning map. Where there is
a conflict between the regulations contained in Article 14 and any other portion of
this Zoning Crdinance, the provisions of Article 14 shall apply to properties located i
within a designated Water Supply Watershed area. 1
Where the boundary of a particular Water Supply Watershed (WS) district lies at a !
scaled distance of less than twenty-five (25) feet from an adjoining lot line. the 1ct l,
line boundary may be used as said watershec district boundary. Where sad i' 11
boundary is more than twenty-five (25) feet from an adjoining lot line, the location
of that watershed district shall be determined using the scale on the Zoning Map, !'
Section 14.3 Exceptions to.Applicabilit . I`
i
A. Nothing contained herein shall repeal, modify, or amend any Federal i
or State law or regulation, or any ordinance or regulation pertaining
thereto except any ordinance which these regulations specifically I'
replace; nor restrict any provisions of the Code of Ordinances of the
Town, of Mooresville; however, the adoption of this Ordinance shall F
and does amend any and all ordinances, resolutions, and regulations
. in effect within the planning jurisdiction of the Town of Mooresville (as l I
depicted in the Town's Official Zoning Map) at the time of the i I' i
adoption of this Ordinance that may be construed to impair or reduce i
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, il
.
covenant or other agreements between parties, However, if the ,
provisions of these regulations impose greater restrictions or higher
14
11/19/97 WED 11:37 [TX/RX NO 6432]

i i w ,g.. hl.1 i f I f, k i
kR - , I.
',
14/20/97 THU 12:00 FAX i I ', '' , i:POYNER & SPRUILLa:
9- -7 12e35P iF.
�- 004 �
J l
i F' ; i f�' ,.1
$ standards for the use of a building or land, then the provisions of
these regulations shalt'contral. il
C. Existing development,.as defined in this ordinance, is not subject to
I', 1, the requirements of this ordinance. Expansions to structures ;!i ,
` _ classified as existing development (on any lot other than a lot
.. containing a single-family residence as the principal use), must meet
the requirements of this ordinance, however, the built-upon area of ,
;, r existing development is not required to be included in the density
`~ calculations (i.e. maximum number of units permissible or the
maximum built-upon area). An example of this Is as follows: , i
,
I
I I
r,R
0 . ' io1.LLai h'eA = E cec ; I
yi -
' pl�f+ li I I
.
1, --:
.i
tl
,(, ,
ii — ;t I
7z,,.. .ry 5 _ L: I
I.,.4G f! I I
i
.. FACTS
I ,
Fi ,`
#044004 1
Property in WS-II Balance of Watershed area. I ,
2. Low densityoption beirg used.
3. Total lot area = 65,000 sq. ft.
f�, 4. Existing built-upon area of 14,000 sq. ft. 1
' '' 5• 51,000 sq. ft. of undeveloped land. ,
a 1 R
9 r
DEVELOPMENT CAPABILITIES ��'�!I,
tFi { I _I
1, Existing development (i.e., 14,000 sq. ft.) l
1, not to be included in calculation.
2. Additional lot coverage permitted of up to 6,120 sq. ft.
l' t,i, •
1
(51,000 sq. ft. x 12% maximum built-upon area 6,12.0 sq. ft.)
, I
4y
ll-.x
E.i,, 14-2 ;I.
• 40 I ii
a�
I
N I'
f
11/19/97 WED 11:37 [TX/OX NO 64321 Ci1003 'I
t " G
tit

1 '
11/20/97 THU 12:0o FAX :POY\ER & SPRUILL:r C 1105 ,, ii
p . 04 II r
Nov-19-97 1.2 : 35P
l
3 D_ A pre-existing lot owned by an individual prior to the ef,'ective date of
these regulations, regard;ess of whether or not a vested right has
been established, may be developed or used for single-family 1 ':
residential purposes without being subject to these regulations.
However, this exemption is not applicable to multiple contiguous lots
• under single ownership. Multiple undeveloped lots under single
ownership will have to conform to the underlying General zoning
district minimum lot area sizes. Lf a now+-conforrnina lot of record is ,
not contiguous to any other lot owned by the same party, then +hat lot
of record shall_no be subject t the Ceveloprnent restrictions of this
ordinance if it is developed for single-famiiv resj.clvntielpurpcses.
Examples of how these regulations are to be interpreted are as
follows:
ll.
EXAMPLE 4 i
I I
j
I
l
, il ,
I:
I a !1
t
FACTS
1, i
1li
,1. Property located in WS-IV Protected area. 1,
2. Lot A was recorded prior to adoption of 11
' watershed regulations.
3. Lot A is owned by Mr, Smith. Adjoining
lots B and C are owned by others.
4. Lot A is not subject to the watershed
regulations (b�,t is subject to any other
applicable zoning or land use regulations).
111
14-3 i
11/19/97 WED 11:37 [TX/RX NO 6432] f 0041
I
l

III
11-20/97 THU 12:0f) FAX ;POYNER & SPRUILL:I: 2008 006 L I'
Nov_19-97 12 : 5P i ii
1.
-
EXAMPLE 2 1
hr:cr- I C4_ tm..
CI ti LA* F L--= C !
� 44Ef AP. "-�" f.5�..• S:. -, trr, r+F+ G Coo
` �' z , 1 )o•o.s?^.' form'Fr'' 2 1�i c�. d - 11
}I I '
. • \ I
'Y A FACTS
r
,
i
•; 4 4 1 . Lots are located in a WS-ll Protected Area
Overlay District (minimum lot size of one-
': !, half are required).
.' 1 2. Underlying zoning district is R-20 (minimum lot size for single
family dwellings is 20,000 square feet),
'' 3, Mr. Smith awns six Gdacent undevelo ed which were
recorded prior to the creative date or"this Ordinance. 1 Ill
' tl
4. Each of the lots hes sn erea of 10,000 square fe4t. l
li
DEVELOPMENT CAPABILITIES ! „
1 , In order to develop the lots, they will have
to be combined to meet the zoning i •'
requirements of the underlying ce' esa,
;r zoning district.• I,' �
2. Lots A, B. C, D, E and F would have to be
combined into three lots (lots G, H, and I),
each of which contain 20,000 square feet i
a piece. 1 1
3. Lots G, H, and I therefore meet the zoning requirements of the
underlying general zoning district. i
Section 14.4, E$tahlishment of Watershed Areas
The purpose of this Section is to list and describe the various water supply
watershed overlay districts herein created, The following overlay districts shall be
I
s in place and are depicted on the Town of Mooresville's Official Zoning Map'
l
14-4
l 1
'} I
11/19/97 WED 11:37 [TX/RX NO 6432) rgi005' '44
I 4
I
;I_ I i i lll

11/20/97 THU 12:01 FAX ;;,POI\ER & SPRL'ILL ; [ I007
Nav 19- 97 12 : 36P 1
• a k
1. WS-II-SW (balance of Watershed) I
2. WS-IV-CA (Critical Area) ''' ' j
3. WS-IV-PA (Protected Area)
I'' i
Districts are established to provide for certain additional 1
These Overlay _
and/or uses for properties located in one cr more general zoning I,; l
requirements
r districts. Thus, in addition to the requirements of the underlying general zoning
district, the provisions of the Overlay District would also prevail in the areas so I,', i
,1,
zoned,
WS-I' ( ) ace of Al ens d Zo in istrict. In order to
} A. W Balance n
t maintain a predominantly undeveloped land use Intensity pattern,
x I single family residential uses shall be allowed at a maximum of one ,
dwelling unit per acre. All other residential and non residential j i „
, a
development shall be allowed a maximum of twelve percent (12%) 1
t built upon area if the low-density option is used. If the high density 11 1
option is used (refer to Section 14.13), development shall not exceed
thirty (30) percent built-upon area on a project-by-project basis. In
addition, non-residential uses may occupy five percent (5%) of the �I entire area of the Coddle Creek watershed and up to ten percent I, '
(10%) of the Back Creek watershed which is within the Towns land i'
use jurisdiction with a maximum seventy percent (70%) built-upon I I
area. Developments with built-upon areas cf between 12 - 70 P
percent shall be allowed only in the EX-1 or CU EX-I zoning d stricts 1,
and shall be developed using the high-density option as outlined in i
Section 14.13 of this Ordinance. The Zoning Administrator is i i
authorized to approve such projects consistent with all other i i
applicable provisions of this Ordinance. Projects must minimize built-
,
upon surface area, direct stormwater away from surface waters and
incorporate Best Management Practices (BMP's) to minimize water ;i
quality Impacts. Non-discharging landfills and residual application ll
p' r
sites are allowed. ` i t
1. Allo+Med UeRe: ,
I
a. Agriculture subject to the provisions of the Food Security Act
9 1
of 1985 and the Food, Agriculture, Conservation and Trade I '
Act of 1990 and 15A NCAC 2H.0217. Animal operations
deemed permitted and permitted under 15A NCAC 2H.0217
are permitted. (NOTE: THE SOIL AND WATER
CONSERVATION COMMISSION IS THE DESIGNATED
MANAGEMENT AGENCY RESPONSIBLE FOR '' ''
IMPLEMENTING THE PROVISIONS OF ARTICLE 14 ,.
,,, RELATING TO AGRICULTURAL ACTIVITIES) ' I'
b. Silviculture. subject to the provisions of the Forest Practices
14-5
t
1 , it
I I.
64:.":
t v
11/19/97 WED 11:37 (TX/RX NO 64321 Ib0O5 i
I

11/20/97 THU 12:01 FAX :POYNER & SPRUILL:;: Q
. 008 7I I
.. , Nov-19-97 12 : 36P
Guidelines Related to Water Quality (15 NCAC 11.6101-.0209).
c. Residential development (Single-family, two-family, mobile
homes, mobile home parks, multi-family, and cluster
development), j
O. Non-residential development except no NPDES oermits will be
issued for landfills that discharge treated leachate,
2. ID 'mum ui t-upon Limits: i' 1
j
a. Single Family Resigieritial Uses- Development shall not I' i
exceed one dwelling unit per acre on a project by project I I
basis. Cluster developments are also allowed (an example of 1 1
which is illustrated in Section 14,5). I
I
i Atf b. All Other Permitted Residential and Non•Residglatial Uses 11
-
` , Development under the Low density option shall not exceed 1 1
: twelve percent (12%) built-upon area [See Section 14.3(c) on
i��� how built upon area is to be calculated] on a project-by-project
basis. Development shall not exceed a thirty (30) percent
^ ' .' � built-upon area on a project-by-p'oieCt basis.
l
Notwithstanding the above, up to ten percent (10%) or the
, f balance of the Back Creek and Coddle Creek watersheds may
be developed with non-residential uses with built-upon areas
of 30-70 percent, on a project-by-protect basis. Such projects 1 C
must employ the high density option. In the Back Creek l:
watershed, such projects are limited to areas located in, EX-I or ( j
CU EX-I zoning districts, f
€ For expansion to existing development, the existing built-upon
X' surface area is not counted toward the allocated 70 percent I
built-upon area. For the purpose of calculating built-upon
area, total protect area shall include total acreace in the tract
on which the project is to be developed. An example of how
a?. such calculations are to be made is described on the following
page: t
1 ;
ii
rf
I ;
,� 14-6
1
' 11/19/97 WED 11:37 [TX/RX NO 5432] l ]007 1 1
Illi

f'F 11 0/97t THU 12:02 FAX :::POYNER & SPRUILL:: [7j 009
Nov-?,9-97 12 . 36P P .08 1 1
?t 1 I
I
r I.,
'4
Ii
s ENTIRE Wf� I �,R.`� H �'� AREA — 35,000�oco r.a
5
'LF,�j '.'� � �riLLy t 1 �. �?'� I
cam ;, ( �.' n �rC+/ki14r 1, 5: CCQ
. ,., . . sly"' :
5 rp...ii% Rem I 1
L , iltt
1: I
'`T I
1 I
, ,..- . 1 \c,f ,r1 "--..\( Ia.:. 1 • 1
e
1
;x
I
,
1
Le4.11:1.:11 Inc( 6-BITo„ . 1jf cQ � `1, �TGrn4 I 1.
Lot 2 Crd [C- LOt I Eni er —
x • 6 0 Cho -F'-. 4o,ccv .1
rk
-, I, &
fi,
14y7 11
i40 0 1)
1 ►. 111
x
I'
j i;.
to A
r f i,
i I! - ! i
i
f
1 fit": 11/19/97 WED 11:37 (TX/RX NO 6432] j00&
; •r
I I
A0
# 4 I '

1
11/'20/97 THU 12:02 FAX :;:PUYNER & SPRUILL:!: [21 010
p-o9 1
Nov-19-97 12 : 37P
11
• FACTS
1. Property located in WS-ll Balance of watershed area of Back
Creek; low density option chosen,
2. Area of watershed in Mooresville's planning jurisdiction =
35,000,000 so. ft.
3, Existing developments A and B are located on lots having a•
total area of 2,000,000 sq. ft.
4. Lot 1 which is undeveloped, contains 40,000 sq. ft. Lot 2, also
undeveloped, contains 60,000 sq. ft.
5, A maximum of 10% of the gross watershed area, may be
developed with built-upon areas of 12% - 7C%, so long as i
such development is located in an EX-1 zoning cistrict. 11'
6, The aggregate area of all EX-I zoned lots in this watershed is ;
4,000,000 sq. ft.
DEVELOPMENT CAPABILITIES i '1
1 . Regardless of existing development, a maximum of 1Q%, or
3,500,C0 sq. ft. of the entire watershed area can be developed
with non-residential uses containing 12% - 70% built-upon
areas.
(35,000,000 sq. ft. x 10% = 3,500,000 sq. ft) 1'
1_ i , 2. The remainder of the watershed area can be developed with
t built-upon areas of 0 - 12%.
3. Lot 1 can be developed with a maximum built-upon area of 0 -
12%, as it is not zoned EX-I, A total of up to 7,200 sq, ft. of
built-upon areas is allowed, 00 ,
t (60,000 sq. ft_ x 12% = 7,200 sq. ft.)
, 4, Lot 2 can be developed with a maximum built-upon area of } g
t • 12% il
„ , ,
, '. of new, non-residential built-upon area is allowed. .I
(60,000 sq. ft. x 70% = 4 2,000 sq. ft.) ` ! j
t : : 5. Once Lot 2 is developed, the 60,00C sq. ft. is subtracted from
the 10% allocation, resulting in 3,440,000 sq. ft. remaining to I ; I
be developed at 12% - 70% built-upon in this watershed. 1 (!
(3,500,00 sq. ft. -- 60,000 sq. ft. = 3,440,000 sq, ft.) I i
1,. ` E3. WS-IV-CA Critical Arga Zoning District. Only new development activities
that require an erosion/sedimentation control plan under North Carolina law l !
t Yi 1' ofthese regulations located are required to meet the provisions whengulatilted in the
j
,f 1 WS-IV-CA Zoning District watershed. In order to address a moderate to
high land use intensityt
0 pattern, single family residential uses are allowed at
1 a maximum of two (2; dwelling units per acre. Al! other residential and non-
I , I
,,, .° , 14-8
j'
1
11/19/97 WED 11: 37 [TX/RX NO 64321 41OD9
1!, ,
i
i
l
'II

,3. 1, .
1
11/20/97 THU 12:03 FAX :::POTHER & SPRUILL::: [j 011
Nov-19-97 12 :37P P . 10 i '
11 111
I ,
residential development shall be allowed with a maximum built-upon ratio of I,
24-50% on a project-by-project basis depending on whether the low or high
density option is used. See Section 14.4 (A)(2)(b) for an example of how
built-upon area is determined. Refer to Section 14.13 for information on the
high density option. New residual application sites and landfills are II
specifcally prohibited. I,
1, Allowed se
a. Agriculture, subject to the provisions of the Food Security Act 1
of 1985 and the Food, Agriculture, Conservation, and Trade
Act of 1990 and 15A NCAC 2H.0217. Animal operations
deemed permitted and permitted under 15A NCAC 2H.0217 i
are permitted. (NOTE: THE SOIL AND WATER
CONSERVATION COMMISSION IS THE DESIGNATED 1 i
MANAGEMENT AGENCY RESPONSIBLE FOR
IMPLEMENTING THE PROVISIONS OF ARTICLE 14
RELATING TO AGRICULTURAL ACTIVITIES).
b. Silviculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality (15 NCAC 1 i.6101-.C209). !I
c. Residential Uses (Single-family, mobile homes, mobile home , j
parks, two-family, multi-family and cluster developments). ii I
d. Non-residential development, excluding: (i) landfills; and (ii) II
sites for land application of residuals or petroleum I
contaminated sols.
2. Density and ht1n. jmum Built-upon_Limits: i`''i I
a. Single Family Residential - Development shall not exceed a
i ,e, maximum of two (2) dwelfing units per acre. Cluster
} r+ development is allowed (and is illustrated in Section 14.5).
b. Alt Other Residential and Non-Residential Uses -
1 ,, °1Itt
1 Development shall not exceed twenty-four percent (24%) built-
3 a.T II
1 ,u upon area on a project by project basis if the low density I��, '
�i 4; option is used. If the high density option is used (refer to I'
# , i4. ' Section 14.13), development shall not exceed
!, a fifty (EO) percent built upon area on a project-by-project 1
basis_ For the purpose of calculating the built-upon area, total i
project area shall include total acreage in the tract on which
the project is to be developed.
WS-IV-PA Protected Area Zoning District - Only new
development activities that require an erosion/sedimentation
control plan under North Carolina law are required to meat the
i , 1 i 4` provisions of this ordinance when located in a WS-IV-PA
r4 ,ir Zoning District. In order to address a moderate to high land
I
14-9 1
11/19/97 WED 11:37 [TX/RX NO 6432] 2010 1 ,

I
11.20/97 Tilt' 12:03 FAT :::POYNER & SPRUILL* Z 012
P . 11
Nov-19-g7 12 . 3BP
'I I
Section 14.5. Cluster Development,
N Cluster development shall be allowed subject to all other provisions of this
ordinance, provided that the following overall objectives are met: ; i
Ib
1 1. The overall density of the project meets the associated density or '
i
stormwater control requirements under these rules. Maximum densities for !ii
'',
r single-family residential uses shall be as follows:
ershedDistrict .[Vlaxirnum Density (lots per a rc.
WS-II SW One Dwelling Unit Per Acre '
WS-IV CA Two Dwelling Units Per Acre ;i
WS-IV PA Two Dwelling Units Per Acre 1 '
2. Buffers must meet the minimum guidelines established in Section 14.6. j
3. Built-upon areas are designed and located to minimize stormwater runoff i ll
li
impact to the receiving waters, minimize concentrated stormwater flow,
maximize the use of sheet flow through vegetated areas, and maximize the Il
flow length thorough vegetated areas.
Areas of concentrated density development are to be located in upland
areas and away, to the maximum extent practicable, from surface waters
and drainage-ways
5. The remainder of the tract not developed shall remain in a vegetated or i
natural state. l ;
The area in the vegetated or natural state shall be conveyed to a property 'i
owners association; a local government for preservation as a park or
greenway; a conservation organization; or be placed in a permanent
conservation or farmland preservation easement. A maintenance i i
aot_.
agreement shall be filed with the property deed.•
T, Cluster developments shall transport stormwater runoff by vegetated
conveyances to the maximum extent practicable.
G " An example of how a cluster development can occur is as follows:
if
' I '0 f KFrc- ' : ac r c--
I
r. L n d;s a.?44 cr
4 i i
f a
. 4,.1
; ,
....._
, ..........„ ,_._. = i 1 1
.5:24-- ,,_,.., ,-„,,,,.., , Il
. �
�� gml % ,',
eT l7 a 1�ts :11'I'\ 14-11
0' 11/19/97 WED 11:37 ITX/I2X NO 6432] 2nOI,i
P
Q ,

11/20/97 THU 12:04 FAX ,:POYNER & SPRUILL,t. 2013
• P- 12
Nov-1 3--97 12 :38P 1 ii it '
I
{ '+ use intensity pattern, single family residential uses shall
'�" develop at a maximum of two (2) dwelling units per acre. All
h i!
other residential and non-residential and non-residential
(1 ii-
` .._ development shall be allowed with a maximum built upon area , '�',
. , of 24-70 percent depending on whether the low or high density
ci ; option is used. See Section 14.4 (A)(2)(b) for an example on j
" how built-upon area is calculated. Refer to Section 14.13 for i.
$1l, a f ', } information on the high density option.
* ; , .i I 1. Allcwec_U!: �
x
i l; a. Agriculture, subject to the provisions of the Food Security Act i
p ' ,, tit , , ,� of 1985 and the Food, Agriculture, Conservation, and Trade
j pl i;;.4 i Act of 1990 and 15A NCAC 2H.0217. Animal operations 11
i i:k ; 'i 4 deemed permitted under 15A NCAC 2H.0217 are permitted. i` F
° (NOTE: THE,SOIL AND WATER CONSERVATION 1 I
j ;x ', ',,^i
" COMMISSION IS THE DESIGNATED MANAGEMENT
< ' AGENCY RESPONSIBLE FOR IMPLEMENTING THE
i i -I'
�!+ PROVISIONS OF ARTICLE 14 RELATING TO
;' ' AGRICULTURAL ACTIVITIES) , I
I ,,, , b. Silviculture, subject to the provisions of the Forest Practices
.i , .. Guidelines Related to Water Quality (15 NCAC 11.6 101-.0209).
,, c. Residential development (Single-family, two-family, mobile
homes, mobile home parks, multi-family, and cluster
� , ,_ < developments). +'
1 ,1
,f s , d. Non-residential development. j
1 ' ''. t''' 1 . P' 2. Density and Maximum Built-upon Limits:
y' 1` , ,•` a. Single Family Residential -Development shell not exceed a
i x'. ' u d i _ maximum of two (2) dwelling units per acre (and is illustrated
4 1
in Section 14.5).
;_ . 4, .b. All Other Residential and Non-Residential Uses-
Development shall not exceed a maximum twenty-four percent 1 it
Li : (24%) built-upon area on a project by project basis if the low
„ d density option is used. If the high density option is used (refer
to Section 14,13), development shall not exceed a seventy
(70) percent built upon area on a project by project basis. For
the purpose of calculating built-upon area, total project area i
shall include acreage in the tract on which the project is to be 1
" i . developed. '
` t i.
s '1-1_ u..,. IF I ,.i It f I'
i
4,;/ ;4n
g , :, i 14-10 1 i , , .
1
,, 4 ,,,
] , , Iii
, ,,,, ,..
4 , f I j 1
r
l i4 ,� I, z„ - , 11/19/97 WED 11:37 (TX/RX NO 84321 [�j012
1
.i i
4 i

11/20/97_ THU 12:04 FAX ::PO�'NER & SPRUILL„ [j014 k
Nov-1c -97 12 : 39P P 13
(I
ILI
,
FACTS ! i
1. Tract A located in a WS-IV Protected area district.
2. Low density option being used. 11 � �
3. Tract A contains 85 acres. i. ,
4. Maximum single-family density of 2 units per acre
allowed. li'
5. Tract A is allowed to have 170 single-family
1 .
residential lots. (85 acres x 2 - 17C) : I: l
i DEVELOPMENT CAPABILITIES iI
1. Cluster development can contain 170 lots,
2. Lot sizes of less than one-half acre are
permitted so long as no mo,e tha 170 ;l I
' lots are crested. Ili
'l I
Section 14.6. Buffer Areas Required. I l
1 f
A. Should any new development take place on or after the effective date of
these regulations on a lot containing or bercering a perennial stream [as
indicated an the most up-to-date version of a U.S.G.S I;24,000 (7.5
minute) map or as otherwise determined by local government studies) and '
which is subject to the regulations of Article 14, a vegetative buffer, said i
buffer shall be a minimum of thirty (30) feet in width if the low density option I
:s used or one hundred (100) feet in width if the high density option is used, i i
shall, be placed or maintained immediately perpendicular and parallel to said , jt ';
stream. Desirable artificial streambark or shoreline stabilization is !
permitted. ,l !
B. No new development is allowed in the vegetative buffer area except for I
water-borne structures (e.g., piers, docks, etc.), or other structures such as I; ,
flag poles, signs and security lights, which result in only diminimus increases ,`1
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.
I Section 14,7. Nonconforming Situations !
Nonconforming situations which existed on or after the effective date of these
regulations shall comply with the provision contained in Article 8 of this Ordinance,
i' with the following exceptions: j
k
1
i Ar 'GE sl
ii
14-12 1'
.
11/19/97 WED 11:37 (TX/RX NO 8432] 2013
II
II,

k it
11/20/97 THU 12:04 FAX :;:POWER & SPRUILL::: Z 015
• 4.10v'-l9_97 12 : 39P P. 14
included in the density calculations.
ii
', An example of how this rule is to be interpreted shal be as follows: I'
Lo± A' 9c, 440 ;X. �
11
1 un c F,r : 64; coo-F—`." 1
II
17 aoa 447 A7w-Lk 1
t
h,L 9►R. I r I
Ks 1... I I
✓
FACTS 1 l i
1. Lot A is located in WS-Il Balance of watershed area, III I
2 Low density option being used.
3. Lot A contains 90,000 sq. ft. ,.
4. At time of adoption o'Watershed Ordinance, Lot A i
contained 30,C00 sq. ft. of built-upor area of a non-
residental use, and 60,000 sq ft. of undeveloped
arca.
5. Single-family residential lots recorded before the
effective date of this Ordinance are not subject to this
rule See Section 14.3 (D)].
DEVELf1PIVI RT CAPAMILJT1ES
1. Existing development is not to be used when I! i' i
calculating future development capability. ! l;
2_ A total of up to 7,200 sq. ft. of new, non-residential ,
built-upon area is allowed on Lot A.
(60,000 sq. ft_ x 12% = 7,200 sq. ft.) 11
Section 14.S. Public Health Regulations , f
I
No activit
y,ty, situation, structure or land use shall be allowed within a WS district
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
11
l 1
14-14
,
1;
11/19/97 WED 3.1:37 [TX/RX NO 6432) Z 014
1
l 11

II
t
11,20/97 THU 12:05 FAX ,,POVNER SPRL'ILL,!: C 016 I JI
- P . 15
Noy-19-s7 12 : 39P
i
A. Nonco formi a Lats
l
1, A nonconforming lot of record which existed on the effective date of
I ti
these regulations which is used for single-family purposes shall not
be subject to the rules and regulations pertaining to the WS district in
which it is located, except as provided in Subsection (A) (2) below. II
2. 'JVhenever two or more undeveloped adjoining lots of record which
are in single ownership at any time on or after the effective date of
these regulations, and such lots individually or jointly have less area II
than the minimum requirements for single-family uses in the VVS ,III
district in which they are located, such lots may remain as separate
lots so lona 25 they meet the individual lot area requirements for the it !,
underlying general zoning district. If the lots are deficient in area per ,
' I
the underlying general zoning district, they shall be required to iP
combine to make one cr more conforming lots. An example of how , 'I
this regulation is to be interpreted is graphically depicted as Example ii
2 in Section 14.3(0)_ ''
il
ii
B. Nonconforming Structures or Uses of Land i
1. If, on or after the effective daze of these regulatiors, a lot contained
one or more structures or uses of land, where aggregate built-upon
area calculations exceeded the maximum allowed for the particular
WS district in which said lot is located, and such structure is ",
destroyed (i,e., received damage in excess of sixty (60) percent of its
assessed value at the time of destruction), reconstruction of said I
structures or uses may occur provided that under no circumstances ''
l i i
may the amount of space devoted to built-upon area exceed that il','
which the previous development provided. Approval of any such i I I ' ll
structure(s) shall be subject to the issuance of a permit by the Town
Board in accordance with Section 8.4 of this Ordinance.
2. Unless otherwise specifies by the permit issued by the Town Board, ,
l an application for a zoring permit authorizing the repair or
t ,;F replacement of said structures must be submitted to and approved by
g the Town of Mooresville with twelve {12) months after the damage
occurred. All related construction work shall be completed within two •
(2) years of such damage. Should either of these conditions not be
met, such reconstruction shall not be allowed or shall be terminated. L
Section 14.6, Existing Development. • I 1 t4
Any existing development as defined in this ordinance, may be continued and 1,1 1
a maintained subject to the provisions provided herein. Expansions to structures f ,
3it classified as existing development must meet the requirements of this ordinance,
however, the built-upon area of the existing developmenr is not required to be
14-13 l I,
1
• l
11/19/97 WED 11:37 (TX/RX NO 64321 17P(015 1 h

k+
11/20/97 THU 12:05 FAX ,;:P0 NER & SPRUILL,r P .- i ]017 j 1 '
Nov-19-97 12 :40P
? 1 1
around absorption; inadequate sedimentation and erosion control measures; the
'improper storage or disposal of junk, trash or other refuse within a buffer area; the lk
absence or imprope p spill im lementation of a s ill containment plan for toxic and
hazardous materials; the improper management of storrnwater runoff; or any other ;i r
situation found to pose a threat to water quality.
The Zoning Administrator shall monitor land use activities within all WS districts to
identify situations that may pose a threat to water quality. The Zoning
Administrator shall report al findings to the Town Board. The Zoning Administrator
. may consult with any public agency or official and request recommendations.
Where the Town Board finds a threat to water quality and the public health, safety
and welfare, the Board shall institute any appropriate action cr proceeding to
restrain, correct or abate the condition and/or violation as nerein authorized.
Section 14.10. Amendments to Regulations Pertaining to a WS
District. ''
i
Under no circumstances shall the Town Board adopt any amendment, addition, or
, Ill , I
deletion that would cause these regulations to violate the watershed protection
rules as adopted by the N.C. Environmental Management Commission. Any j
amendment to the boundaries of any particular Water Supply Watershed District
shall be referred to the N.C. Division of Environmental Management, N.G. Division
r 'of Environmental Health, and the N.C. Division of Community Assistance for their
l
review prior to adoption. Otherwise, amendments to the regulations contained in i
Article 14 shall follow procedures prescribed in Article 12 of this Ordinance.
Section 14.11. Variances, I '
A. Minor Variances H l
1
R Minor variances (see definition) may be granted by the Board of Adjustment ' I
to the regulations contained herein (unless specifically prohibited) under
guidelines provided in Article 10 of this Ordinance except that a copy of the l
public hearing notice and a description of the minor variance being
requested shall be sent by first Class mail to the clerk of all municipal and
county governments having jurisdiction within the same watershed and to
any major consumer of water whose point of intake lies within the same
watershed. Said notice and description shalt be mailed at least seven (7)
days prior to the public hearing. Any comments received from notified local
governments shall be entered into the record of said case. j
B. Major Variances
Applications for major variances shall be handled in the following manner:
i.(! 'I1 '
• i I
;w :�14-15
ii t . 1 .li
i' f' i t I 1ii1 i ,l
11/19/97 WED 11:37 ['TX/RX N0 6432] Q1016
1

11/20/9 7 THU 12:06 FAX P0Y ER & SPRUILL* Z 019
-_ 1-0 _
1/
Nov-19-97 12 :40P
1. An application for a major variance shall be on a form prescribed by
the Town and shall be accompanied by a fee, the amount of which is
in accordance with a fee schedule established by the Town. An
application will not be considered complete unless it contains all
information required (refer to Article 1C) and accompanied by said
fee. All applications shall be submitted to the Zoning Administrator. ; ';
Once having received an application. the Zoning Administrator shall
have three (3) working days to determine its completeness.
2. The Zoning Administrator, having determined that an application is j ['
complete, shall place the item on the agenda of a Town Board
regular or special meeting occurring at least fourteen (14) days
thereafter, The Town Board shall hold a public hearing cn the
application and, within sixty (ea) days from the close of the public
hearing make a recommendation on said matter. Said 1, i
recommendation shall be in one of the following forms;
1, Recommend approval of the variance request; or
2. Recommend approval of the variance request with fair and
reasonable conditions attached; or I
S, Recommend denial of the variance request.
i' hI
If the Town Board recommends that the major variance be denied, the variance
shall be considered as being denied and no further action on the variance request
by the Town nor by the Environmental Management Commission will be taken,
Notification of the Town Board's action will be sent by first class mail to the
appl cant within five (F) working days of the Town Board's decision.
The Town Board shall conduct the public hearing in a quasi-judicial manner. All
persons givina evidence shall be sworn in by the Mayor. The recommendation '
made by the Town Board shall be based on the testimony given at the public
hearing. The Town Board may recommend that a variance be granted only after
each of the findings found in Section 10.4.2 of the Zoning_Crdirsance are found in
I
the a irritative.
3, Notification of said Town Board public hearing shall be as follows;
The Zoninc Administrator shall give notice of the Town Board public
hearing by publishing a notice in a newspaper having general
circulation in the Mooresville area at least seven (7) days prior to the
date established for the public hearing. In addition, the applicant; all
abutting property owners; the clerks of all municipal and county
governments having jurisdiction within the same watershed; and any
major consumer of water whose point of intake lies within the same ,
watershed shall be sent by first class mail a notice of the Town Board I r If public hearing at least seven (7) days prior to the hearing. Any
14-10 it
eI
11/19/97 WED 11:37 [TX/RX NO 6432] 1i017 1,1ei

„ 1 ,
11/20/97 TIM 12:06 FAX a:POITINTER & SPRUILL:h I ]019 1 '
i
-7----- '' -W: P . 3.es I ,
Nov-19-97 12:41P
comments received from notified local governments shall be entered
1, ,f
r 4.,
into the record of such case.
i
' Ili
, .
... ' , 4 ' If Town Board makes a recommendation to approve a major
- .,
: L variance, said recommendation shall be forthwith forwarded, along i
i ' 4. : ••
with all supporting information, to the Environmental Management
Commission. Information which shall be forwarded shall include the 11
*- ° following:
-.., ii,:,_ •i,. i
1
1
a. The variance application;
.„ .
b. Evidence that proper notification of the Town Board public
: 0' 1! it ' • hearing has been made.
c. A summary of all evidence presented including comments
from other local governments:
' : t•i''' ', ,,
d. Proposed findings and exceptions;
e. The Town Board's recommendation, including all conditions ,, 1
1; 1
i . .• .
- ° proposed to be lacided to the permit.
le
5. if the Environmental Management Commission approves the
1
•;• ' , variance application, any conditions, stipulations or modifications it , I
': , requires shall become part of any zoning permit subsequently issued
; •-, . 1
• iL by the Town of Mooresville pertinent to that development. The ,
- , • • Zoning Administrator shall notify the applicant by first class mail
• within five (5) working days of receipt of the Environmental , 1
Management Commission's decision. Subsequent to the approval of
, f., • a variance application by the Environmental Management , I
: - Commission, the Zoning Administrator shall issue a zoning permit for
, .
•
I the development thus authorized so long as the application for the
Zoning Permit is made within sixty (50) days after the Zoning
ES such
,
, ' I
' II
Amdamnaincisetmraetontr chaosmnmoitsifiseiccint,shedeaslioionanatnodf sthoeloEnnov
,
• ,
development is in accordance with all other provisions of this
r • '', ,
Ordinance. i
,
If the Environmental Management Commission overturns the Town
6.
, 11
,• Board's decision to approve a major variance, the Town of
1,. .
Mooresville shall not accept an application for a similar variance
•
request affecting the same property(ies) for a period of one (1) year 1
following the date of denial. Notification of the decision of the ,
Environmental Management Commission shall be sent by first class ,
1 '
• mail by the Zoning Administrator to the applicant within five (5) i •
• working days of receipt of the Environmental Management
i 4 i
Commission's decision,
'II
j
.` • .4 ',. , I
1.I f 4 ,,.. : •• I,
14-17 ,
, . I 1
,.-• • , ,ti,', ; •,
' 11/19/97 WED 11:37 (TX/RX NO 6432) qlois, ,
1 i

'1 /2097 THU 12:07 FAX
-- :PU1\ER & SPRUILL:
P . 3. , Ili
Nav-19-97 12 : 41P
ii ,
i
Section 14."!2 Enforcement ' 'i I.
�i� 1j
g 1. These regulations shall be enforced by the Zoning Administrator
(refer to Section 11.1 -11.4 of this Ordinance). In addition to his other
duties, the Zoning Administrator shall keep records of the Town's I.
utilization of the provision that a maximum of ten (10) percent of the !i
i 7ji. r. . WS-11 19W Balance of Watershed be developed with non-residential
' ` 's • f,i development to a maximum of seventy (70) percent built-upon
.i r"i' surface area, provided such developments are located in an EX-1 or
a, ; ';' ; Cu EX-I zoning district, The Zoning Administrator shall keep records
on the total amount of acreage available under this option, total acres
approved for this option, and site specific information on each
development employing said option including: location, aces, site
r plan, use, stormwater management plan, etc.
i
2. The Zoning Administrator shall maintain a file on all applications for 1 I
minor and major variances. A copy of information pertinent to any I ;
minor variance application request (including minutes of the hearing, i
findings made by the Board of Adjustment, actions taken by the ' ! 'I�I
Board of Adjustment, names and addresses of all persons giving
evidence at the public hearing) shall be submitted annually during the 1,
last week of December to the Division of Environmental
0Management, Supervisor of the Classif cation and Standards Group. 1;
t
Section 14.13 High Density Option 1
i
A. General Requirements 10 i,I
,
hi In any designated WS- 1, WS-111, or WS-IV watershed, any development (other
, . than a single-famiy residential development) may occur using the high density I.
, ';._ options subject to approval by the Town Board under the rules and guidelines ` ,
, ',, herein outlined. The use of the high density option for any particular project shall I
be subject to Town Board approval and, where deemed necessary by the Town
Board, may be submitted to the Division of Environmental Management's Water
Quality Section for review and recommendation. i' '.
Except for Planned Residential community (PRC) zoning the use of the high
density option for any single-family residential development shall be prohibited, ill
i
B. High Density Option_s Development Standards 1 I
i 1
The Town Board may approve a project using the high density option (other than
41: one for a non-PRC single-family residential development) consistent with the
following standards:
if
3 `�i , 14-18
t it , � S ��'� �*
�
� ,
# ' 1 '
• 11/10/97 WED 11:37 [TX/RX NO 6432] C 019 1 1
l,
I 1
I if

I/
11/20/97 THU 12:07 FAX a,PDX'NER & SPRUILL,:, U1021 1 '. j
Nov-19-97 121. 42P i ; ,
1. If the area proposed to be developed lies in a designated WS
-ll
Dalanog cf Wa$ershed Area watershed, engineered stormwater i',
controls shall be used to control runoff from the first inch of rainfall for
development which contains a built-upon area of 12-30 percent.
2. If the area proposed to be developed I'es in a designated WS jjV i
feeitical Area watershed, engineered stormwater controls shall beIII
used to control runoff from the first inch of rainfall for development
which contains a built-upon area of 24-50 percent. i
3, If the area proposed to be developed lies in a designated WS-IV
Protected Area watershed, engineered stormwater controls shall be
used Zoning Administrator shall keep records on the total amount of
acreage available under this option, total acres apprcved for this
option, and site to control runoff from the first inch of rainfall for
development which contains a built-uocn area of 24-70 percent.
ji ,
C. App c tion I: 'f
Ili '
An application for authorization to use the Hiah Density Option shall be
signed by the applicant and the consulting engineer and shall also be
accompanied by the following:
i
I i .
�I
1. Two reproducible copies of the development plan within the drainage
basin containing all applicable and required information. 1l'1
2. Two reproducible copies of the plans and required specifications of '
the stormwater control structure.
3. When required by law, written verification that a soil erosion and l I
sedimentation control plan which has been approved by the 'I
appropriate State agency. I Ill
4. A separate fee shall be required for submittal of any high density
ootion application. Said fee shall be in accordance with a fee I i
schedule adopted by the Town Board. No application for high
,e density approval will be considered complete unless accompanied
with the requisite fee. ,
D. tn5.pectior' Fees
Inspection of all stormwater control structures will be conducted: (i) prior to ll '
approval of the high density option for any project; (ii) annually once the if
stormwater control structures have been approved by the Town, and: (iii)
any time after improvements, modifications or changes to said structures i
have been made by the owning entity. A fee, in accordance with a fee
schedule approved by the Town Board, shall be required to be paid oy the
owning entity prior to each such inspection being conducted.
14-1?
I''
i �
{ 1
l
11/19/97 WED 11:37 ITX/RX NO 6432] Q1020' I , Ip
lil I
1'' 1

T R
11/20/97 .TRU 12:08 FAX :PO17ER & SPRUILL,!: Z022
P . a 1 1
Nov-19 -97 12-4-2P
',III !
E. Operattione Mainter ►c2 Plain ,ill II
• ;II,
1. Any stormwater control structure approved by the Town Board shall h'i ',
be predicated on the developer and the Town entering into a binding
Operation and Maintenance Plan. Said Plan shall require the owning
entity of the structure(s) to maintain, repair, and, if necessary,
reconstruct said structures) in accordance with the an Operation and
Manual Plan provided by the developer to the Town. Said Plan must 1i
be approved by the Town prior to or in conjunction with approval of
the high density option for said project. i
2. A separate plan must be provided by the developer far each I
stcrrnwater control structure, containing, at a minimum, what ,
operation and maintenance actions are needed and will be
undertaken, what specific quantitative criteria will be used for
determining when those actions are to be taken, and who is
responsible for such actions. The Plan shall clearly indicate what I
steps will be taken for restoring a stormwater control structure to ;`'; i l
I
design soecifications if a failure occurs.
3. Amendments to the Plan and/or specifications of the stormwater 1 I' ' ' l
control structure(s) may only be approved by the Town Board. I II 1
Proposed changes shall be prepared by a North Carolina registered , �,
professional engineer or 'andscape architect (to the extent that the ll, i
General Statutes allow) and submitted to the Town for approval,
Such amendments shall be accompanied by all information and fees E
prescribed in Section 14.13(C', of this Ordinance.
4. If the Town Board finds that the Plan, once approved. is inadequate
for any reason, the Zoning Administrator shall notify the owning entity
of any chances mandated by the Town and a time-fram-e in which i
changes to the Plan shall be made, I l I
F. posting of Financial Securities • l
� l
All new stormwater control structures approved employing the high density
option shall be conditioned on the posting of adequate financial assurance
for the purpose of constructing, maintaining, repairing, or reconstrecting said
devices. , I
i
1, If the Town Board approves the use of the high density option for a
il
particular project, it may do so only after the applicant has posted a i 1
surety bond, cash, or equivalent security, in an amount not less than it
1.25 times the cost of constructing the necessary stormwater control
structure(s), Such financial security shall be paid to the Town and j ,
shall be in a form as prescribed in Section 307.2 of this Ordinance. '! ,
All construction costs shall be verified by the Town and the Town
may assess the applicant for actual costs associated with such 1
1
1
l(: 1, ;l 14-20
it ' i•i.
i
;i. 1 i i t4144 "� 4
�E�
l 11/19/97 WED 11; 37 [TX/RX NO 84321 71021
1. 1

I
11.20. �7 THU 1�:09 F X 1 :;PU17ER & SPRUILL : [ j023
P — GG
NOV-19-97 J.2 : 43P i ii I ' W 1 ' tIhl I i, I
!I 1 r 'III
verification. The total cost of the storrnwater control structure shall
include the value of ell materials such as p''.pinc and other structures; ;j
seeding and soil stabilization; design and engineering; and grading, ' it: ; ;
excavation, fill, etc. The costs shall not be prorated as part of a layer Ili'
project, but rather shall be priced as an individual project.
r 2. Once the storrnwater control structure(s) has been constructed and
inspected in the manner provided in Section 14.13(G) of this 1 ij I
Ordinance, and approved by the Town Board, the Town Board may
authorize the release of up to seventy-five percent (75%) of the I I i,
. surety bond or other equivalent device outlined in Subsection F(1) of1 i ,
this Ordinance. The remaining portion of the surety bond or
' equivalent device may be released to the owning entity in
accordance with Section 14.13(H)(1)(c).
3. Prior to said release, however, the applicant shall be required to i
deposit with the Town either cash or similar instrument approved by I,
of` the Town Board in an amount equal to fifteen percent (15%) of the '
total construction cost las defined in Subsection (F)(1)) or one-
hundred percent (100%) of the cost of maintaining, repa ring or
reconstructing said structure over a twenty (20) year j,,
period, whichever is greater. The estimated cost of maintaining the ,
stormwater control structure shall be consistent with the approved 1
l !
Si operation and maintenance plan provided by the applicant as !
outlined in Section 14.13(E). 1 I'
G. Default a I11
1, Upon default of the applicant to complete the stormwater control
«, structure as spelled out in the performance bond or other equivalent
security, the Town Beard may obtain and use all or any portion of the
funds necessary to complete the improvements based on actual
construction costs. The Town Board shalll return any funds not spent i '
in completing the improvements to the owning entity. ,`` I
2. Upon default of the owning entity to mainta'n, repair and, if II, j,
necessary, reconstruct the stormwater control structure in a ! ,'l
accordance with the approved Operations and Maintenance Plan, ;
Town Board shall obtain and use any portion of the cash security i
outlined in Subsection (F)(3) to make necessary improvements based
on the actual costs borne by the Town to make such improvements, I' 1
H. Inspections
1 , Inspecting of Newly Constructed Stormwater Structures
All new stormwater control structures shall be inspected by the Town i 1
after the owning entity notifies the Zoning Administrator that all '
14-21
•
i iI
11'is f
11/19/97 WED 11:37 [TX/RX NO 6432] Z 022 ji
f

"` 1"71 °'r' Illifillit: kill''
11/20/97 THL' 12:09 FAX ::POYNER & SPRUILL:r. Q1024 'I
l+ P z3
Nov- 19-97 12:44P E
I1 I II
,
4 i1
construction has been completed. At this inspection the owning il 1
entity shall provide: I
P
a. A signed deed, related easements and survey plat for the 1
structure in a manner suitable for filing with the Register of
Deeds, if ownership of the stormwater control structure(s) is to ,
•„}, ' be transferred to another person, firm, or entity. (This I I' !
requirement will be waived for any repair work when such I
deed has previously been filed.)
b. A certification by an engineer or landscape architect (to the i
extent allowable by the General Statutes) stating that the
stormwater control structure is complete and consistent with
the approved Plan and all specifications previously stipulated it
by the Town. p
c. The Zoning Administrator shall forthwith present the materials '
submitted by the owning entity along with the Town's
inspection report to the Town Board for their review and
approval. If the Town approves the inspection report and
accepts the !
certification, deed and easements, the Zoning Administrator I .,I
shall forthw,th file said deed with the lredell County Register of
needs. Release of up to seventy-five (75) percent of the
surety bond or equivalent security as called for in Subsection 1 I i
(F)(1) shall be made in a manner as prescribed In Subsections i l; i
(F)(2) and (F)(3). I,
d, if deficiencies are found as a result of the inspection, the Town ill.
Board shall direct the owning entity to make necessary ',I I
improvements. Re-inspections will be made thereafter. No
release of any funds shall be made by the Town until all
deficiencies are properly addressed to the Town's satisfaction. +
,
e. No sooner than one (1) year after approval of the stormwater I i iP
control structures) by the Town, the owning entity may petition I i !'I
the Town Board to release the remaining value of the posted l ;. ,
bond or security called for in Subsection (F)(1). Upon receipt
of said petition, the Town shall forthwith inspect the
stormwater control structure to determine whether the ill
structure is performing as designed and intended. Once the
inspection is made, the Zoning Administrator shall forthwith
present the inspection report and recommendations to the
Town Board.
f. An occupancy permit shall not be issued for any structure t
within the permitted development until the Town Board
approves the stormwater control structure in the manner as ' I I
herein prescribed. I'
l l
I �
4-22 I! 1
i
i it
' 11/19/97 WED 11:37 ITX/RX NO 64321 Z 023
1 it i
1
I!; I .I

11/20/97 THU 12:10 FAX r;:POY i
IER & SPRUILL„ °'
Nov-19-97 ]12:44P
. • I
i
2. Annual laaspecto of Stormwat .r Structures
I
a. All stormwater control structures shall be inspected by the
Town on an annual basis to determine whether the structures
are performing as designed and intended. Records cf
inspection shall be maintained an forms approved or supplied
by the North Carolina Division of Environmental Management_
Annual inspections shall begin within one year of approval of
the Town Board's approval of the filing date of the deed for the i
stormwater control structure. A fee, in accordance with a fee ,
schedule adopted by the Town Board shall be charged to the
owning entity for annual inspections (and re-inspections) i
made, A copy of each inspection report shall be filed with the
Zoning Administrator.
b. In the event the Town's report indicates the need for corrective j
action or improvements, the Zoning Administrator shall notify I
the owning entity of the needed improvements and the date by
which such improvements are to be completed. Al!
improvements shay', be consistent with the adopted Operations
Plan and specifications. Once such improvements are made,
the owning entity shall forthwith contact the Zoning i
Administrator and ask that an inspection be made. Il.
ii''l
I. Vegetation and Grounds Manage ent I , '.
! I;' I
1. Landscaping and grounds management shall be the responsibility of 1 i:'.; '
the owning entity of said structure(s). However, vegetation shall be ,
not established or allowed to mature to the extent that the integrity of i''
the structure(s) is in any way threatened or diminished, or to the
extent of interfering with any easement or access to the structure.
2. Except for routine landscaping and grounds maintenance, the owning 1
entity shall notify the Zoning Administrator prior to any repair or l'
reconstruction of the structure. All improvements shall be consistent
with the approved Plan and specifications for that structure. After ,.
notification by the owning entity, the Town staff shall inspect the il ii
completed improvements and inform the owning entity of any # 1��, i
required additions, changes, or modifications needed to complete
said improvements. A time period for making such changes shall
also be stipulated bythe Town. A fee, in accordance with a fee
P
schedule adopted by the Town Board, shall be charged to the owning
entity for each inspection (or re-inspection) made.
J. Storrnyvater Control Structure Specifications
1. All stormwater control structures shay be designed by either a North 11
ii, 1
.
• !
14-23 i. ;
i .1,
11/19/97 WED 11:37 I,TX/RX NO 6432] (1024
I
t ! j:

11 A0t/9 7 THU 12:10 FAX ,!,POYNER & SPRUILL!: (�ir2t3 ;
P . bb
Nov-19-97 12:45P
• .0,
i
{.► Carolina registered professional engineer or landscape architect (to • j
the extent that the General Statutes allow).
i ' , 2. All stormwater control structures shall use wet detention ponds as the
primary treatment system. Wet detention ponds shall be designed
for specific pollutant removal according to modeling techniques
approved by the North Carolina Division of Environmental
Management. Specific requirements for these systems shall be in
accordance with the following criteria: 1
lI
a. Wet detention ponds shall be designed to remove a minimum 1 , l'l
of eighty-five (85) percent of total suspended solids in the 1 ,
permanent pool and storage runoff from a one-inch runoff from 1
the site above the permanent pool; ,'
b. The designed runoff storage volume shall be above the
permanent pool:
c. The discharge rate from these systems following the one-inch
rainfall design storm shall be such that the runoff does not
draw down to the permanent pool level in less than two (2)
4 days and that the pond is drawn down to the permanent pool IIII
level within at least five (5) days; i
d_ The mean permanent pool depth shall be a minimum of three I
(3) feet;
. •
e. The inlet structure shall be designed to minimize turbulence 'j'
using baffles or ether appropriate design features;
f. Vegetative filters shall be constructed for the overflow and
1, discharge of all stormwater wet detention ocnds and shall be ,i',
at least thirty (30) feet in length. The slope ant width of the
vegetative filter shall be determined so as to provide a non- I' I
erosive velocity of flow through the filter for a ten-year, twenty- , i
• four hours storm with a ten-year, one-hour intens ty with a
•
slope of five (5) percent or less, Vegetation in the filter shall i
be natural vegetation, grasses or artificially planted wetland
i r
vegetation appropriate for the site characteristics,
'ill g. The structure and vegetative filter shall be designed to
minimize vector attraction, Vegetative filters if designed to
remain wet under normal conditions should have adequate dry '
weather flew :o reduce the attraction of water borne insects. '.
,, ; , H. An adequate drain shall be provided at the low point of each
P f wet pond to facilitate de-watering for routine maintenance. 1f{
1 I, IFf
1 In addition to the required vegetative filters, all land areas outside of ' I
the pond shall be provided with a ground cover sufficient to restrain j ;'
erosion within thirty (30) days after any land disturbance. Upon
It
completion of the stormwater control structure, a permanent ground 1
cover shall be established and maintained as part of the maintenance
•
F 14-24 I'
I �i ! I
#t ! , i
11/19/97 AEI) 11:37 [TX/RX NO 6432] Z10251 1 1 ,

11/2(i'97 THt' 12:11 FAX
i ,
Nov-19-97 12 :45P �
P - "eb
agreement described in Section 14.13(E) of this Ordinance. '' i,
4 A description of the area containing the stormwater control structure
shall be prepared and filed, consistent with Section 14.13(1)(2) as a F
separate deed, with the Register of Deeds along with any easements i
necessary for general access to the stormwater control structure,
should ownership (and maintenance) of the stormwater control I `
structure be transferred to another person, firm, or entity. The (i
deeded area shay, include the dbermtention s, dikes,etcatiareid suffic sufficient
pipes and water control structures,
area to perform inspections, maintenance, repairs and
reconstruction.
i
K. Town liloard.Aparoval PrProceas
The Town Board shall either approve an application for the high density 1
approve the application with fair and reasonable conditions, or
option, PP � �!
disapprove such an application based upon the criteria contained in this
Ordinance, ii' I
i' j l
1 . if the Town Board approves the application, such approval shall be ,
predicated upon the developer and the Town entering into a bindingi i)
Operation and Mantenance Plan as indicated in Section 14.13 (E) ,
and the posting of a surety r�ond or other equivalent security in a 1
manner as provided in Seution 14.13 (F). Such approval shall be 1i!,
indicated on the application and on both copies of the piers ,
submitted with the application. j
If the Town Board approves the application, a copy of the application fl,' •
and one copy of the plans shall be returned to the applicant. a l•
2. If the Town Board disapproves the application, the reasons for such
action shall be sent by first class mail by the Zoning Administrator to I1 L
the applicant within five (5) working days of the date of disapproval.
11 The applicant may make revisions or changes to the application and ,
submit a revised plan for approval. If the resubmitted plan is i
submitted to the Zoning Administrator within sixty (6C) days of the
date of denial, the application fee will be waived. ' i.
Section 14.14. Effective Date
, d,
The effective date of the regulations contained in Article 14 and all defined words i a
i
in association therewith to be added to Section 4.2 shall be July 1, 1993.
1
14-25
i
11/19/97 WED 11:37 [TX/RX NO 64323 l ]U26