WSMU_MRSV_409 Provisions_undated

Section 409. Provisions for Subdivisions Located in a Water Supply Watershed
The provisions of Section 409 shall be applicable only to subdivisions located in a Water
Supply Watershed designated by the North Carolina Environmental Management
Commission and as depicted on the Town of Mooresville's Official Zoning Map. Such
provisions are enacted under Chapter 143, Article 21, Watershed Protection Rules, and are
designed to promote the public health, welfare, and safety of local citizens.
Section 409.1 General Provisions
Any subdivision of land (as herein defined) which is located within a Water Supply
Watershed shall not be filed or recorded by the Register of Deeds until it has been
approved in accordance with the provisions of this Section. 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 Section.
All subdivisions of land shall have a statement signed by the Subdivision Administrator
indicating whether or not a subdivision lies within a designated Water Supply Watershed.
Said statement shall take one of the following forms, as appropriate:
1. The (name of subdivision) Subdivision, to the best of my knowledge, does not lie
within a Water Supply Watershed designated by the North Carolina Division of
Environmental Management.
Date Subdivision Administrator
2. Lots (fill in appropriate lot numbers) of the (name of subdivision) Subdivision, to
the best of my knowledge, lie within the (classification of watershed) of the (name
of body of water), as designated by the North Carolina Division of Environmental
Management. Lots (fill in appropriate lot numbers) of the (name of subdivision) do
not lie within a water supply watershed.
Date Subdivision Administrator
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3. All lots within the (name of subdivision), to the best of my knowledge, lie within the
(classification of watershed) of the (name of body of water), as designated by the
North Carolina Division of Environmental Management.
Date Subdivision Administrator
Section 409.2 Subdivision Application and Review Procedures
Subdivisions not located within a designated.Water Supply Watershed shall not be subject
to the regulations of this Section. In addition, any subdivision located within a WS-IV
watershed shall be subject to these regulations only when an erosion and sedimentation plan
is required to be filed under provisions of the North Carolina General Statutes or an
adopted local sedimentation control plan.
Section 409.3 Subdivision Standards and Required Improvements
A. Density Limitations
Except as herein provided and in Section 409.2, every lot created for single-family
development and recorded after the effective date of these regulations shall meet the
minimum lot areas described below. Any lot not to be used for single-family residential
purposes shall be noted on the preliminary and final plats with the designation "NOT FOR
SINGLE-FAMILY RESIDENTIAL PURPOSES".
WATER SUPPLY WATERSHED DISTRICT
IN WHICH THE LOT IS LOCATED MINIMUM LOT AREA (SQ. Fr.)
WS-II Protected Area One (1) acre
WS-IV Critical Area One-half (1/2) acre
WS-IV Balance of Watershed One-half (1/2) acre
Said minimum lot sizes may be reduced in a cluster subdivision so long as the overall
density of the subdivision does not exceed that which would be allowed if clustering were
not employed. An example of how this is to be interpreted is as follows:
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FACTS
1. Tract A located in a WS-IV Protected area district.
2. Low density option being used.
3. Tract A contains 85 acres.
4. Maximum single-family density of 2 units per acre allowed.
5. Tract A is allowed to have 170 single-family residential lots.
(85 acres x 2 - 170)
DEVELOPMENT CAPABILITIES
1. Cluster development can contain 170 lots.
2. Lot sizes of less than one-half acre are permitted so long as
no more than 17Q lots are created.
Section 409.4 Information To Be Contained in or Depicted on Preliminary and Final
Plats
In addition to all information required to be placed on plats as indicated in Section 311,
the following information shall also be shown on or attached to any plat containing
properties located within a designated Water Supply Watershed. An "X" indicates what
information is required. Preliminary plat information is only required for major
subdivisions.
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Information Preliminary Plat Final Plat
-Certification that Subdivision Lies Within a X X
Watershed (per Section 409.1)
-Designation of Vegetative X X
Buffer(s) along Perennial Streams. Said buffer
shall be a minimum of thirty (30) feet in
width if subsequent development takes place
employing the low density option. A
vegetative buffer of at least one-hundred (100)
feet in width shall be required if future
development employs the high density option.
-Identification of Lots not to be Developed for X X
Single-Family Residential Purposes
-Acreage of Each Lot Not Being Developed for X X
Single-Family Residential Purposes
-Identification of Stormwater Drainage Facilities X X
Used (including direction of flow) and Best
Management Practices Employed
Section 409.5. Variances
A. Minor Variances
Minor variances to the regulations contained in Section 409 may be approved by the
Board of Adjustment after a public hearing to consider the variance has been held.
The following procedures apply to all minor variance applications submitted to the
Board of Adjustment:
1. Application Procedure
Before a petition to the Board of Adjustment shall be considered, a
completed application on a form provided by the Town of Mooresville shall
be submitted and a twenty-five dollar ($25.00) fee paid. The application shall
be accompanied by a map clearly showing the subject property and all
contiguous property on either side and to the rear, and all property across any
street or public right-of-way from the subject property. In addition, a list of
names and addresses of the owners of said properties, from the most recent
official records, shall be provided. Once having received an application, the
Subdivision Administrator shall have three (3) working days to determine its
completeness.
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2. Public Hearing Notice
The Subdivision Administrator shall give notice of the Board of Adjustment
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 Board of Adjustment public hearing at least seven
(7) days prior to the hearing. Any comments received from notified local
governments shall be entered into the record of such case.
3. Minor Variance Public Hearing Procedures
The Board of Adjustment shall have the power to:
• approve the minor variance request;
• approve the minor variance request with fair and
reasonable conditions attached; or,
• deny the minor variance request.
The Board of Adjustment shall conduct the public hearing in a quasi-judicial
manner with all persons giving testimony relevant to the case having first
been sworn in by the Chairman.
The Board of Adjustment may only approve a minor variance request if, after
the public hearing is concluded, it is determined by a four-fifths (4/5) vote
of the Board of Adjustment membership that each of the following findings
of fact have been met:
a. That there are special circumstances or conditions affecting said
property such that strict application of the provisions of this Ordinance
would deprive the applicant of the reasonable use of his land; and
b. That the variance is necessary for the preservation and enjoyment of
a substantial property right of the petitioner; and
c. That the circumstances giving rise to the need for the variance are
peculiar to the parcel and are not generally characteristic of other
parcels in the jurisdiction; and
d. That the granting of the variance will not be detrimental to the public
health, safety, and welfare or injurious to other nearby properties.
All decisions of the Board of Adjustment shall be filed with the Subdivision
Administrator and a written copy thereof shall be sent by first class mail to
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the applicant within five (5) working days of the Board of Adjustment's
decision.
4. Rehearings
An application for a rehearing shall be made in the same manner as provided
for the original hearing within a period of fifteen (15) days of the Board of
Adjustment's decision. A rehearing will be granted if the Board of
Adjustment determines that there has been a substantial change in facts,
evidence, or conditions in the case. A four-fifths (4/5) vote of the Board of
Adjustment membership shall be needed to determine if a rehearing will be
held. A public hearing shall not be needed to determine whether a rehearing
is to be held.
5. Plat Approval
If the Board of Adjustment approves a variance application, any conditions,
stipulations, or modification it requires shall become part of the plat
approved. Subsequent to the approval of a variance application, the
Subdivision Administrator shall have the authority to approve the subdivision
plat so long as it is in conformance with all other provisions of this
Ordinance.
6. Appeals of Board of Adjustment Decisions
Any person(s), jointly or severally, aggrieved by a decision of the Board of
Adjustment, within thirty (30) days of the filing of the decision in the
Subdivision Administrator's office or after a written copy thereof is delivered
to every aggrieved party who has filed a written request for such copy with
the Secretary or Chairman of the Board of Adjustment at the time of the
hearing of the case, whichever is later, may appeal the decision of the Board
of Adjustment to Superior Court.
B. Major Variances
Applications for major variances shall be handled in the following manner:
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 and
accompanied by said fee. All applications shall be submitted to the
Subdivision Administrator. Once having received an application, the
Subdivision Administrator shall have three (3) working days to determine its
completeness.
2. The Subdivision Administrator, having determined that an application is
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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 on the application at said meeting and,
within sixty (60) days thereafter, make a recommendation on said matter.
Said recommendation shall be in one of the following forms:
a. Recommend approval of the variance request; or
2. Recommend approval of the variance request with fair and reasonable
conditions attached; or
3. Recommend denial of the variance request.
The Town Board shall conduct the public hearing in a quasi-judicial manner.
All persons giving 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 207 of
the Ordinance are found in the affirmative.
3. Notification of said Town Board public hearing shall be as follows:
The Subdivision 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 public hearing at least seven (7) days prior to the hearing. Any
comments received from notified local governments shall be entered into the
record of such case.
4. If the Town Board makes a recommendation to approve a major variance,
said recommendation shall be forthwith forwarded, along with all supporting
information, to the Environmental Management Commission. Information
which shall be forwarded shall include the following:
a. The variance application;
b. Evidence that proper notification of the Town Board public hearing
has been made;
c. A summary of evidence presented including comments from other
local governments;
d. Proposed findings and exceptions;
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e. The Town Board's recommendation, including all conditions proposed
to be added to the permit.
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 to the applicant within five (5) working days of the Town
Board's decision.
5. If the Environmental Management Commission approves the variance
application, any conditions, stipulations or modifications it requires shall
become part of that plat approved by the Town of Mooresville. The
Subdivision Administrator shall notify the applicant by first class mail within
five (5) working days of receipt of the Environmental Management
Commission's decision. Subsequent to the approval of a variance application
by the Environmental •Management Commission, the Subdivision
Administrator shall approve said subdivision plot so long as it is in
conformance with all other provisions of this Ordinance.
6. If the Environmental Management Commission overturns the Town Board's
decision to approve a major variance, the Town of Mooresville shall not
accept an application for a similar variance request affecting the same
property(ies) for a period of one (1) year following the date of denial.
Notification of the decision of the Environmental Management Commission
shall be sent by first class mail by the Subdivision Administrator to the
applicant within five (5) working days of receipt of the Environmental
Management Commission's decision.
Section 409.6. Amendments to Regulations Pertaining to a WS District
Under no circumstances shall the Town Board adopt any amendment, addition, or deletion
that would cause these regulations to violate the watershed protection rules as adopted by
the N.C. Environmental Management Commission. Amendments to the regulations
contained in Section 409 of this Ordinance shall follow the procedures described in Section
208 of this Ordinance.
Section 409.7 Enforcement
The Zoning Administrator shall maintain a file on all applications for minor and major
variances. A copy of information pertinent to any minor variance application request
(including minutes of the hearing, findings made by the Town Board of Adjustment, actions
taken by the Town Board, names and addresses of all persons giving evidence at the public
hearing) shall be submitted annually during the last week of December to the Division of
Environmental Management, Supervisor of the Classification and Standards Group.
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Section 409.8 Effective Date
The effective date of the regulations contained in Article IV,
Section 409 and all defined words in association therewith to be
added to Section 115 shall be July 1, 1993 .
Date o Adoption
Joe . K ox, Mayor

Section 115. Definitions
Best Management Practices (BMP). A structural or nonstructural management-based
practice used singularly or in combination to reduce non-point source inputs to receiving
waters in order to achieve water quality protection goals.
Buffer, Vegetative. 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.
Cluster Development. The grouping of buildings in order to conserve land resources and
provide for innovation in the design of the project.
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.
Development. Any land disturbing activity with adds to or changes the amount of
impervious or partially impervious dover on a land area or which otherwise decreases the
infiltration of precipitation into the soil.
Development, Existing. 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 data
of this ordinance based on at least one of the following criteria:
(1) substantial expenditures of resources (time, labor, money) based on a good
faith reliance upon having received a valid local government approval to
proceed with the project, or
(2) having an outstanding valid building permit as authorized by the General
Statutes (G.S. 160A-385.1), or
(3) having expended substantial resources (time, labor, money) and having an
approved site specific or phased development plan as authorized by the
General Statutes (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 July 1, 1993 of this Ordinance,
or a lot described by metes and bounds, the description of which has been so recorded prior
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to July 1, 1993. (NOTE: This definition containing the July 1, 1993 stipulation shall be
applicable only to Section 409 of this Ordinance. Otherwise, the term "existing
development" shall be employed with reference to time on and after the effective date of
this Ordinance.) -
High-Density Option. A subdivision or development which contains engineered stormwater
control devices approved by a local government jurisdiction, thereby enabling development
to occur at a higher intensity (than if the low-density option were used) as prescribed by the
Environmental Management Commission's adopted Water Supply Watershed Protection
Rules.
Low-Density Option. A subdivision or development which does not contain engineered
stormwater control devices (i.e., west detention ponds) approved by a local government
jurisdiction.
Protected Area. The area adjoining and upstream of the critical area in a WS-IV water
supply in which protection measures are required. The boundaries of the protected area
are defined as extending five (5) miles upstream and draining to water supply reservoirs
(measured from normal pool elevation) or to the ridge line of the watershed (whichever
comes first); or ten (10) miles upstream and draining to the intake located directly in the
stream or river (run-of-the-river), or to the ridge line of the watershed (whichever comes
first). Local governments may extend the protected area. Major highways such as highways
or property lines may be used to delineate the outer boundary of the protected area if these
landmarks are immediately adjacent to the appropriate outer boundary of five (5) to ten
(10) miles. In some cases the protected area will encompass the entire watershed.
Variance. Major. A variance that results in any one or more of the following:
(1) the complete waiver of a management requirement;
(2) the relaxation, by a factor of more than thirty percent (30%), of any
management requirement that takes the form of a numerical standard;
(NOTE: This definition shall apply to Section 409 only.)
Variance. Minor. A variance that does not qualify as a major variance.
Water-Borne 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.
(NOTE: This definition shall apply to Section 409 only.)
H2OSHED.2C
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