WSMU_RTHT_WSWP Ordinance_20210823

ARTICLE 19
WATERSHED PROTECTION
SECTION 1: GENERAL PROVISIONS
19.1 Title
This Article shall be officially known as "The Rutherfordton Watershed Protection
Ordinance", but it may also be referred to as "The Stormwater Ordinance." It may be
furthermore referred to herein as "this Article."
19.2 Purpose and Authority
The purpose of this Article is to protect, maintain and enhance the public health, safety,
environment and general welfare by incorporating the applicable requirements of the
State of North Carolina and United States Army Corps of Engineers rules establishing
minimum requirements and procedures to control the adverse effects of issues related to
increased stormwater runoff and nonpoint and point source pollution, buffer protection,
and illicit discharges into municipal stormwater systems. It has been determined that
proper management of construction -related and post -Development stormwater runoff,
illicit discharges, and buffer protection will minimize damage to public and private
property and infrastructure; safeguard the public health, safety, and general welfare; and
protect water and aquatic resources. This Article applies to all properties within the
Town of Rutherfordton and its extraterritorial jurisdiction, regardless of whether the
property is currently being "developed" or not.
The Town Council of the Town of Rutherfordton is authorized to adopt this Article
pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the
Constitution of North Carolina; North Carolina General Statutes § 143-214.5 (Watershed
Protection) and § 143-214.7 and rules promulgated by the Environmental Management
Commission thereunder; Session Law 2004-163; Chapter §160A, §§ 174, 185; as well as
Chapter § 113A, Article 4 (Sedimentation Pollution Control); Article 21, Part 6
(Floodway Regulation); Chapter § 160D (Local Planning and Development Regulation.
19.3 Findings
It is hereby determined that:
19.3-1 Development and Re -Development alter the hydrologic response of local
watersheds and increase stormwater runoffrates and volumes, flooding, soil erosion,
stream channel erosion, nonpoint and point source pollution, and sediment transport
and deposition, as well as reducing groundwater recharge;
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19.3-2 These changes in stormwater runoffcontribute to increased quantities of water-
borne pollutants and alterations in hydrology that are harmful to public health and
safety as well as to the natural environment; and
19.3-3 These effects can be managed and minimized by applying proper design and well -
planned controls to manage stormwater runoff from Development sites.
19.3-4 Therefore, the Town of Rutherfordton Town Council adopts the aforementioned
water quality and quantity regulations to meet the requirements of state and federal
law regarding control of stormwater runoff and discharge.
19.4 Watershed Regulations
19.4-1 General. Beginning with and subsequent to its effective date, this Section shall be
applicable to all properties in the jurisdiction of the Town of Rutherfordton lying
within a designated WS-IV Watershed, including, but not limited to, site plan
applications, subdivision applications, and grading applications, unless exempt
pursuant to Subsection 19-4.2 of this Section, Exemptions. Properties need not be
"under development'' to be subject to the standards of this Article.
19.4-2 Exemptions. The following are exempt from the requirements of this Section.
The exemption shall not be construed to permit uses prohibited in the underlying
zoning district, or otherwise prohibited by this Ordinance.
(A) Lots of record of less than twenty thousand (20,000) square feet existing on
October 1, 1993.
(B) The construction or modification of one single-family dwelling and its accessory
structures on a zone lot provided it is located outside Watershed Critical Area
(WCA).
(C) The construction of one two-family dwelling and its accessory structures(s) on a
zone lot provided a sedimentation and erosion control plan is not required and
provided it is located outside Watershed Critical Area (WCA).
(D) Replacement of existing Built -Upon Area (BUA) on a lot developed with a like or
lesser amount of new BUA, at the same location, or at a different location on the
same zone lot if the Planning, Zoning & Subdivision Administrator has
determined that equal or better water quality will result.
(E) Exemption to the Plan Submission Requirements of this Article:
The placement of small accessory buildings or structures or small amounts of
other Built -Upon Area on a lot developed with a nonresidential or multifamily
use, provided that the total Built -Upon Area added after the effective date of this
Ordinance, is no greater than six hundred (600) square feet and provided that less
than one acre of land is disturbed shall be exempt from the plan submission
requirements of this Article. This exempted Built -Upon Area or land disturbance
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shall not be placed within a required surface water buffer. This exemption shall
not apply to a lot with a Watershed Development Plan on file with the Planning
Department.
(F) No lot or property shall be exempt from the buffer protection requirements of this
Ordinance or applicable Federal and/or State of North Carolina requirements.
19.4-3 Map. The provisions of this Section shall apply to any and all land areas
designated on the Official Zoning Map and lying within a designated Water Supply
Watershed.
19.4-4 Limitations on Development within the WS-IV Watershed.
(A.) Built -Upon Area within the Watershed Critical Area is limited by 15A NCAC
02B.0624 to:
(1.) Low density development of single-family detached residential development is
restricted to a limitation of two (2) dwelling units per acre or 20,000 square foot
lot size minimum, excluding roadway right-of-way, or twenty-four percent (24%)
Built -Upon Area.
(2.) Low density development of non-residential and all other forms of residential
development is restricted to a limitation of twenty-four percent (24%) Built -Upon
Area of the total land area in a single tract or parcel.
(3.) High density development option may be permitted when restricted to a
limitation of at least twenty-four percent (24%) but not more than fifty percent
(50%) Built -Upon Area provided the requirements of Item 6 of Rule 15A NCAC
02B.0624 are met.
(B.) Built -Upon Area within the Protected Area is limited by 15A NCAC 02B.0624 to:
(1.) Low density development of single-family detached residential development is
restricted to a limitation of two (2) dwelling units per acre or 20,000 square foot
lot size minimum, excluding roadway right-of-way, or twenty-four percent (24%)
Built -Upon Area or three (3) dwelling units per acre or thirty-six percent (36%)
Built -Upon Area without curb and gutter street system.
(2.) Low density development of non-residential and all other forms of residential
development is restricted to a limitation of twenty-four percent (24%) Built -Upon
Area or thirty-six percent (36%) Built -Upon Area without curb and gutter street
system within the total land area in a single tract or parcel.
(3.) High density development option may be permitted within up to ten percent
(10%) of the watershed area lying outside the Critical Area within the Town's
jurisdiction when restricted to a limitation of at least twenty-four percent (24%)
but not more than seventy percent (70%) Built -Upon Area provided the
requirements of Item 6 of Rule 15A NCAC 02B.0624 are met. High density
options may be exercised only by approval of a Development Agreement in
accordance with Section 7.15 of this Ordinance.
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19.5 Additional Standards for Special Situations
19.5-1 Pet Waste.
(A.) Pets At Large Prohibited
It shall be unlawful for the owner of any pet to allow the animal to be off the premises
of his owner in the Town of Rutherfordton.
(B.) Restrictions on Pet Waste
(1.) It shall be unlawful for the owner or custodian of any pet to take it off the
owner's own property limits without the means to properly remove and dispose of
the pet's feces from any public or private property.
(2.) It is the responsibility of a pet's owner or custodian to clean up the pet's feces
from any public or private property outside of the pet's owner's own property
limits. Such property includes, but is not limited to, parks, rights -of -way, paths,
and public access areas.
(3.) "Means to properly remove and dispose of feces" shall consist of having on or
near one's person a device such as a plastic bag, or other suitable plastic or paper
container, that can be used to clean up and contain pet waste until it can be
disposed of in an appropriate container. Such a device must be produced and
shown, upon request, to anyone authorized to enforce these ordinances.
(4.) This provision shall not apply to handicapped persons assisted by trained guide or
assistance pets.
(5.) "Public nuisance" is defined to include "a pet which deposits feces on public
property or on private property without the consent of the owner or person in
lawful possession of the private property, and the person owning, possessing,
harboring or having the care, charge, control or custody of the pet fails to remove
the feces so deposited. Provided, however, this definition shall not apply to any
pet assisting a handicapped person.
19.5-2 Onsite Wastewater Septic Systems.
(A.) Standards for Operation and Maintenance
Onsite systems for domestic wastewater covered by this Ordinance shall be operated
and maintained so as to avoid adverse effects on surface water and groundwater,
including eutrophication of surface water and microbial or nitrate contamination of
groundwater. Septic tank residuals shall be pumped whenever necessary to assure the
proper operation of the system to meet these standards, and the septage shall be
reused or disposed of in a manner that does not present significant risks to human
health, surface water or groundwater.
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