WSMU_COAT_WSWP Ordinance_20230613

ARTICLE 19
WATERSHED
19.1 Watershed Regulations
19.1-1 Authority and Enactment
The Town Board of Commissioners of the Town of Coats 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.
The Legislature of the State of North Carolina has, in Chapter 160A, Article 8, Section 174,
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 Coats Town
Board does hereby ordain and enact into law the text contained in this Article to satisfy said
statutory requirements.
19.1-2 Jurisdiction
The provisions of Article 19 shall apply only within areas designated as Water Supply
Watersheds by the N.C. Environmental Management Commission and shall be depicted on
the Town of Coats's Official Zoning Map. Where there is a conflict between the regulations
contained in Article 19, and any other portion of this Development Ordinance, the provisions
of Article 19, shall apply to properties located within a designated Water Supply Watershed
area.
19.1-3 Definitions
For the purpose of interpreting Article 19, certain words or terms are herein defined. Except
as defined herein, all other words not in either this Section or Article 3 of this Ordinance shall
have their everyday dictionary definition.
(A.) Agricultural Use. The use of waters for stock watering, irrigation, and other farm
purposes.
(B.) Animal Unit. A unit of measurement developed by the U.S. Environmental Protection
Agency that is used to compare different types of animal operations.
(C.) Balance of Watershed. Remaining area of a WS III watershed outside of the designated
critical area.
Coats Development Ordinance - Article 19—Page 1

(D.) 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.
(E.) 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.
(F.) Built-upon Area. Built-upon areas shall include that portion of a development project
that is covered by impervious or partially impervious cover including building,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). Built upon areas shall be determined on a project-by-project basis.
(G.) Cluster Development. 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 subdivision and multi-family developments.
(H.) Composting Facility. A facility in which only stumps, limbs, leaves, grass and untreated
wood collected from land clearing or landscaping operations is deposited.
(I.) 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.
(J.) Development. Any land disturbing activity with adds to or changes the amount of
impervious cover on a land area or which otherwise decreases the infiltration of
precipitation into the soil.
(K.) 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 date
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
Coats Development Ordinance - Article 19 Page 2

project, or
(2) having an outstanding valid building permit as authorized by the General Statutes
(G.S. 160D-1110), or
(3) having an approved site specific or phased development plan as authorized by the
General Statutes (G.S. 160D-108 and/or G.S.160D-108.1).
(L.) Discharging Landfill. A facility with liners, monitoring equipment and other measures
to detect and/or prevent leachate from entering the environment and in which the leachate
is treated on site and discharged to a receiving stream.
(M.) 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 September 28, 1993, or a lot
described by metes and bounds, the description of which has been so recorded prior to
September 28, 1993.
(N.) Hazardous Material. Any substance listed as such in: SARA Section 302, Extremely
Hazardous Substances, CERCLA Hazardous Substances, or Section 322 of CWA(oil and
hazardous substances).
(O.) High-density Option. Any non-residential development, which contains engineered
stormwater control devices approved by the Town of Coats,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.
(P.) 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.
(Q.) 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 article, this term does not include compost facilities.
(R.) Low-density Option. Any development which does not contain engineered stormwater
control devices (i.e., wet detention ponds) approved by the Town of Coats.
(S.) Plat. A map or plan of a parcel of land which is to be or has been subdivided.
(T.) Protected Area. The area adjoining and upstream of the critical area in a WS-1V water
supply in which protection measures are required. The boundaries of the protected areas
are defined as within five (5) miles of the normal pool elevation of the reservoir and
draining to supply reservoirs or to the ridge line of the watershed(whichever comes first).
Local government may extend the protected area. Major landmarks such as highways or
Coats Development Ordinance - Article 19—Page 3

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) miles.
In some cases the protected area will encompass the entire watershed.
(U.) 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.
(V.) Residence, Single-Family. Any development where: 1) every dwelling unit is on a
separate lot, and 2)where no lot contains more than one dwelling unit.
(W.) Toxic Substance. Any substance or combination of substances (including disease
causing agents), which after discharge and upon exposure, ingestion, inhalation, or
assimilation into any organism, either directly from the environment or indirectly by
ingestion through food chains, has the potential to cause death, disease, behavioral
abnormalities, cancer, genetic mutations, physiological malfunctions (including
malfunctions or suppression in reproduction or growth) or physical deformities in such
organisms or their offspring or other adverse health effects.
(X.) Variance, Major. A variance that results in any one or more of the following:
1. A variance from the Town's water supply watershed regulations that results in the
relaxation by a factor greater than five (5) percent of any buffer, density, or built-
upon area requirement under the high-density option.
2. Any variation in the design, maintenance, or operation requirements of a wet
detention pond or other approved stormwater management system.
3. Relaxation by a factor greater than ten (10) percent of any management
requirement under the low-density option.
(Y.) Variance, Minor. A variance from the Town's water supply watershed regulations 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 the relaxation by a
factor of up to ten (10) percent of any management requirement under the low-density
option.
(Z.) 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.
(AA.) Watershed. The entire land area contributing surface drainage to a specific point (e.g.
the water supply intake). The term includes: WS.
Coats Development Ordinance - Article 19—Page 4

19.1-4 Effective Date
The development provisions of this article were originally adopted. In accordance with G.S.
160D, procedural requirements herein are in accordance with the Session Law 2020-25
effective June 11, 2020. This article shall continue in effect as herein now stated upon re-
enactment through adoption of the Coats Development Ordinance as set forth in Article 1 of
this Ordinance.
19.1-5 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 restrict any provisions of the Code of
Ordinances of the Town of Coats; however,the adoption of this Ordinance shall and does
amend any and all ordinances,resolutions, and regulations in effect within the jurisdiction
of the Town of Coats (as depicted in the Town's Official Zoning Map) 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, covenant 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 on any lot
other than a lot containing a single-family residence as the principle use, must meet the
requirements of this ordinance, however, the built-upon area of 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).
(D.) A pre-existing lot owned by a individual prior to the effective date of these regulations,
regardless of whether or not a vested right has been established,may be developed or used
for single-family residential purposes without being subject to these WS regulations.
However, this exemption is not applicable to multiple contiguous lots under single
ownership. Combination of one or more such adjacent unimproved lots, neither one of
which meet the lot requirements of the overlay zone, shall be required only if the
combination will bring the lots into conformance with the underlying zoning district
regulations.
Coats Development Ordinance - Article 19—Page 5

19.1-6 Establishment of Watershed Overlays and Areas for the High-density Option.
The purpose of this Section is to establish and describe the various water supply watershed
Overlays herein created. The following Overlays shall be in place and are depicted on the
Town of Coats's Official Zoning Map:
(1) WS-IV-PA(Protected Area) Overlay
The Overlay is established to provide for certain additional requirements and/or uses for
properties located in one or more general zoning districts. Thus, in addition to the
requirements of the underlying general zoning district, the provisions of the Overlay
would also prevail in the areas so zoned.
In the WS-IV watershed areas,any non-residential development may occur using the high-
density option under the rules and guidelines herein described in Section 19.1-8. The use
of the high-density option for any particular project shall be subject to Town Board
approval and, where deemed necessary by the Town, submitted to the Division of
Environmental Management's Water Quality Section for review and recommendation.
See Table 19.1-6 appearing at the end of this section as summary chart for WS Overlays.
These high-density option areas are designated on the Town of Coats's Official Zoning
Map.
(A.) WS-IV-PA Protected Area Overlay.
Only new development activities that require an erosion/sedimentation control plan under
North Carolina law are required to meet the provisions of this ordinance when located in
a WS-IV-PA Overlay. In order to address a moderate land use intensity pattern, single
family detached residential uses shall develop at a maximum of two(2)dwelling units per
acre or on lots with a minimum of 20,000 square feet excluding roadway rights of way
when curb and gutter is provided or three (3) dwelling units per acre when curb and gutter
is not provided. All other residential development shall be allowed on a project-by-project
basis at a maximum of twenty-four percent(24%)built-upon area in areas where curb and
gutter are required or thirty-six percent(36%)where curb and gutter is not provided.
If the high-density option is chosen and approved, all non-residential developments shall
be allowed with a maximum built-upon area of seventy percent (70%) on a project-by-
project basis.
1. Allowed Uses (only if permitted in the underlying zoning district):
a) Agriculture subject to the provisions of the Food Security Act of 1985 and
the Food, Agriculture, Conservation and Trade Act of 1990. (Note: The
Soil and Water Conservation Commission is the Designated Management
Agency responsible for implementing the provisions of Water Supply
Watershed regulations relating to agricultural activities)
Coats Development Ordinance - Article 19 Page 6

b) Silviculture, subject to the provisions of the Forest Practices Guidelines
Related to Water Quality (15 NCAC 1I.6101-.0209).
c) Residential development (Single-family, two-family, manufactured
homes,manufactured home parks,multi-family and cluster developments).
d) Non-residential development (i.e., commercial, institutional, or industrial
development). No new permitted sites for land application of residuals or
petroleum contaminated soils or new landfill are allowed.
2. Density and Maximum Built-upon Limits:
a) Single Family Residential Uses. Development shall not exceed a
maximum of two (2) dwelling units per acre (or lots with a minimum of
20,000 square feet excluding roadway right-of-way)where curb and gutter
is provided or three (3) dwelling units per acre when curb and gutter is not
provided. Cluster development is allowed in accordance with primary
zoning district provisions appearing in Article 8 of this Ordinance.
b) All Other Residential and Non-Residential Uses. Development shall not
exceed a maximum built-upon area of twenty-four percent (24%) in areas
where curb and gutter are required, or at a maximum of thirty-six percent
(36%)built-upon area in locations where curb and gutter are not required,
on a project-by-project basis. If the high-density option is chosen and
approved, attached house/multi-family residential and non-residential
developments shall be allowed with a maximum built-upon area ratio of
seventy percent (70%) 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.
Coats Development Ordinance - Article 19 Page 7

TABLE 19.1-6 - SUMMARY CHART—WATER SUPPLY WATERSHED PROTECTION RULES AS
ADOPTED BY ENVIRONMENTAL MANAGEMENT COMMISSION AS AMENDED 8/95
Classification Land Use Maximum Maximum Required Non-Residential
of Watershed Description Density w/o Density Control w/High Development
Overlay Stormwater Low w/Stormwater Density Option
Density Option High Density
per footnote "2" Option per
below footnote "3"
below
WS-IV-PA Moderate to 2 DU/1 ACRE 24-70% built- Control the 1" In accordance with
highly or 24% built- upon area in storm primary zoning
developed upon area in accordance district
accordance with
with footnotes "1"
footnotes "1" & "4" below
& "4" below _
FOOT NOTES PER SYMBOL IN TABLE 19.1-6 ABOVE
1. Applies only to projects requiring a Sediment/Erosion Control Plan.
2. Minimum 30'vegetative buffer required along perennial streams.
3. Minimum 100'vegetative buffer required along perennial streams.
4. Three dwelling per acre or 36%built-upon is allowed for projects with no curb and gutter.
GENERAL NOTES:
a. Critical area is 1/2 mile and draining to water supplies from the normal pool elevation of reservoirs,
or 1/2 mile and draining to a river intake.
b. Protected area is within 5 miles of the normal pool elevation of reservoirs or draining to the water
supply reservoirs.
c. Local governments will assume ultimate responsibility for operation and maintenance of stormwater
controls.
19.1-7 Cluster Development
Clustering development shall be allowed subject to all other provisions of this Ordinance,
provided that the following overall objectives are met:
1. The overall density of the project meets the associated density or stormwater
control requirements under these rules. Maximum densities for single-family
residential uses shall be as shown in Table 19.1-6 above.
2. Buffers must meet the minimum guidelines established in Section 19.1-9
3. Built-upon areas are designed and located to minimize stormwater runoff impact to
Coats Development Ordinance - Article 19—Page 8

the receiving waters, minimize concentrated stormwater flow, maximize the use of
sheet flow through vegetated areas, and maximize the flow length through vegetated
areas.
4. Areas of concentrated density development are to be located in upland areas and
away, to the maximum extent practicable, from surface waters and drainageways.
5. The remainder of the tract not developed shall remain in a vegetated or natural state.
6. The area in the vegetated or natural state may be conveyed to a property 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 agreement shall be filed with the property deed.
7. Cluster developments shall transport stormwater runoff by vegetated conveyances
to the maximum extent practicable.
19.1-8 High-density Option
(A.) General Requirements. In any designated WS-IV Watershed Area, any non-
residential development may occur using the high-density option under the rules
and guidelines herein described. The use of the high-density option for any
particular project shall be subject to Town Board approval and where deemed
necessary by the Town, the application be submitted to the Water Quality Section
of the Division of Environmental Management for review and recommendation.
(B.) High-density Option Development Standards. The Town Board may approve a
project using the high-density option consistent with the following standards:
1. If the area proposed to be developed lies in a designated WS-IV
Protected Area watershed,engineered stormwater controls shall be used
to control runoff from the first inch of rainfall for development which
contains a built-upon area of twenty-four to seventy percent (24-70%)
on a project-by-project basis.
2. Where new development requires a Sedimentation/Erosion Control Plan
and exceeds either 2 dwelling units per acre, 24% built-upon area or 3
dwelling units per acre or 36%built-upon area for projects without curb
and gutter street system, engineered storm water controls shall be used
to control runoff from the first inch of rainfall and development shall
not exceed 70%built-upon area.
Coats Development Ordinance - Article 19—Page 9

(C.) Application. An application for authorization to use the high-density option shall
be signed by the applicant and the consulting engineer and shall be accompanied
by the following:
1. Two reproducible copies (must meet the requirements for recordation
of the Harnett County Register of Deeds) of the development plan
within the drainage basin containing all applicable and required
information.
2. Two reproducible copies (must meet the requirements for recordation
of the Harnett County Register of Deeds) of the plans and required
specifications of the stormwater control structure(s).
3. When required by law, written verification that a soil erosion and
sedimentation control plan has been approved by the appropriate State
or County agency.
4. A separate fee shall be required for submittal of any high-density option
application. Said fee shall be in accordance with a fee schedule adopted
by the Town Board. No application for high-density option approval
will be considered complete unless accompanied with the requisite fee.
(D.) Inspection Fees. Inspections of all stormwater control structures will be
conducted: 1) after work on the stormwater control structure is complete, 2)
annually once the stormwater control structure(s) has been approved by the Town,
and 3) any time after improvements, modifications, or changes to said structures
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 by the owning entity prior
to each inspection being conducted.
(E.) Operation and Maintenance Plan
1. Any stormwater control structure approved by the Town Board shall 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 (including any required fencing),
repair,and,if necessary,reconstruct said structure(s)in accordance with
the Operation and Maintenance Plan provided by the developer to the
Town. Said Plan must be approved by the Town Board prior to, or in
conjunction with, the approval of the high-density option for said
project and shall be recorded with the Register of Deeds for Harnett
County.
Coats Development Ordinance - Article 19 Page 10

2. A separate plan must be provided by the developer for each stormwater
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 steps will be taken for restoring a stormwater
control structure to design specifications if a failure occurs. Proof of
liability insurance must be furnished and maintained continuously.
3. Amendments to the Plan and/or specifications of the stormwater control
structure(s) may only be approved by the Town Board. Proposed
changes shall be prepared by a North Carolina registered professional
engineer or landscape architect, (to the extent that the General Statutes
allow) and submitted to the Town Board for approval.
4. If the Town Board finds that the Plan, once approved, is inadequate for
any reason, the Planning, Zoning & Subdivision Administrator shall
notify the owning entity of any changes mandated by the Town and a
time-frame in which changes to the Plan shall be made.
(F.) Posting of Performance Guarantee. 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 reconstructing said devices.
1. If the Town Board approves the use of the high-density option for a
particular project, it may do so only after the applicant has posted a
performance guarantee, in an amount not less than 1.25 times the cost
of constructing the necessary stormwater control structure(s). Such
performance guarantee shall be paid to the Town. All construction costs
shall be verified by the Town and the Town may assess the applicant for
actual costs incurred by the Town and associated with such verification.
The total cost of the stormwater control structure(s) shall include the
value of all materials such as piping and other structures; seeding and
soil stabilization; design and engineering; and grading, excavation, fill,
etc. The costs shall not be prorated as part of a larger project,but rather
shall be priced as an individual project.
2. Once the stormwater control structure(s) has been constructed,
inspected and approved by the Town Board, the Town Board may
Coats Development Ordinance - Article 19 Page 11

authorize the release of up to seventy-five percent (75%) of the
performance guarantee in accordance with the provisions of Article 2,
Section 2.15 of this Ordinance.
3. Prior to said release,however,the applicant shall be required to provide
a performance guarantee with the Town in an amount equal to fifteen
percent (15%) of the total construction cost in accordance with Section
19.1-8(F)(1) or one hundred percent (100%) of the cost of maintaining
said structure(s) over a twenty (20) year period, whichever is greater.
The estimated cost of maintaining the stormwater control structure(s)
shall be consistent with the approved Operation and Maintenance Plan
provided by the applicant as outlined in Section 19.1-8(E).
(G.) Default
1. Upon default of the applicant to complete the stormwater control
structure(s) as spelled out in the performance guarantee, the Town
Board may obtain and use all or any portion of the funds necessary to
complete the improvements based on actual construction costs. The
Town Board shall return any funds not spent in completing the
improvements to the owning entity.
2. Upon default of the owning entity to maintain, repair and, if necessary,
reconstruct the stormwater control structure or failure to maintain
liability insurance in accordance with the approved Operations and
Maintenance Plan, the Town Board shall obtain and use any portion of
the performance guarantee outlined in Section 19.1-8(F)(3) to make
necessary improvements based on an engineering estimate provided by
the Town.
(H.) Vegetation and Grounds Management
1. Landscaping and grounds management shall be the responsibility of the
owning entity of said structure(s). However, vegetation shall not be
established or allowed to mature to the extent that the integrity of 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
entity shall notify the Planning, Zoning & Subdivision Administrator
prior to any repairs or 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 shall
Coats Development Ordinance - Article 19 Page 12

inspect the completed improvements and inform the owning entity of
any required additions, changes, or modifications needed to complete
said improvements. A fee, in accordance with a fee schedule adopted
by the Town Board shall be charged to the owning entity for any
inspections (and re-inspections). A time period for making such
changes shall also be stipulated by the Town.
(I.) Inspections
1. Inspections of Newly Constructed Stormwater Structures. All new
stormwater control structures shall be inspected by the Town after the
owning entity notifies the Planning, Zoning & Subdivision
Administrator that all construction has been completed. At this
inspection the owning entity shall provide:
a. The signed deed, related easements and survey plat for the 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 entity. This requirement may be waived for any repair
work when such deed has previously been filed.
b. A certification by an engineer or landscape architect (to the 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 by the Town.
c. The Planning, Zoning & Subdivision 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 Board approves the inspection report and
accepts the certification, deed and easements, the Planning, Zoning
& Subdivision Administrator shall forthwith file said deed and
easements with the Register of Deeds. Release of up to seventy-five
percent (75%) of the performance guarantee called for in Section
19.1-8(F)(1) shall be made in a manner as prescribed in Sections
19.1-8(F)(2) and 19.1-8(F)(3).
d. If deficiencies are found as a result of the inspection, the Town
Board shall direct the developer to make necessary 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.
Coats Development Ordinance - Article 19 Page 13

e. No sooner than one(1)year after approval of the storm water control
structure(s) by the Town, the owning entity may petition the Town
Board to release the remaining value of the performance guarantee
call for in Section 19.1-8(F)(2). Upon receipt of said petition, the
Town shall forthwith inspect the stormwater control structure(s) to
determine whether the structure(s) is performing as designed and
intended. Once the inspection is made, the Planning, Zoning &
Subdivision Administrator shall forthwith present the inspection
report and recommendations to the Town Board.
£ An occupancy permit shall not be issued for any building within the
permitted development until the Town Board has approved the
stormwater control structure(s) in a manner as herein prescribed.
(J.) Annual Inspection of Stormwater Structures
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 of inspection shall be maintained
on forms approved or supplied by the North Carolina Division of
Environmental Management. Annual inspections shall begin within
one(1)year after the approval of the stormwater control structure(s)
by the Town Board. A fee in accordance with a fee schedule
adopted by the Town Board, shall be charged to the owning entity
for any inspections (and re-inspections). A copy of each inspection
report shall be filed with the Planning, Zoning & Subdivision
Administrator.
b. In the event the Town's report indicates the need for corrective
action or improvements, the Planning, Zoning & Subdivision
Administrator shall notify the owning entity of the needed
improvements and the date by which such improvements are to be
completed. All improvements shall be consistent with the adopted
Operation and Maintenance Plan and specifications. Once such
improvements are made, the owning entity shall forthwith contact
the Planning, Zoning & Subdivision Administrator and ask that an
inspection be made.
(K.) Stormwater Control Structure Specifications.
1. All stormwater control structures shall be designed by either a North
Carolina registered professional engineer or a landscape architect(to the
Coats Development Ordinance - Article 19 Page 14

extent that the General Statutes allow).
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:
a. Wet detention ponds shall be designed to remove a minimum of
eighty-five percent(85%)of total suspended solids in the permanent
pool and storage runoff from a one-inch water runoff from 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) days and that
the pond is drawn down to the permanent pool level within at least
five (5) days;
d. The mean permanent pool depth shall be a minimum of three (3)
feet;
e. The inlet structure shall be designed to minimize turbulence using
baffles or other appropriate design features;
f. Vegetative filters shall be constructed for the overflow and
discharge of all stormwater wet detention ponds and shall be at least
thirty(30)feet in length. The slope and width of the vegetative filter
shall be determined so as to provide a non-erosive velocity of flow
through the filter for a ten-year, twenty-four hour storm with a ten-
year, one-hour intensity with a slope of five percent (5%) or less.
Vegetation in the filter shall be natural vegetative, grasses or
artificially planted wetland vegetation appropriate for the site
characteristics.
3. In addition to the required vegetative filters, all land areas outside of the
pond shall be provided with a ground cover sufficient to restrain erosion
within thirty (30) days after any land disturbance. Upon completion of
the stormwater control structure, a permanent ground cover shall be
Coats Development Ordinance - Article 19 Page 15

established and maintained as part of the Operation and Maintenance
Plan described in Section 19.1-8(E) of this Ordinance.
4. A description of the area containing the stormwater control structure(s)
shall be prepared and filed, consistent with Section 19.1-8(I)(1) as a
separate deed, with the Register of Deeds along with any easements
necessary for general access to the stormwater control structure(s)
should ownership (and maintenance) of the stormwater control
structure(s)be transferred to another person,firm,or entity. The deeded
area shall include the detention pond, vegetative filters, all pipes and
water control structures, berms, dikes, etc., and sufficient area to
perform inspections, maintenance, repairs and reconstruction.
5. The pervious portions of any stormwater control structure(s) approved
by the Town Board shall not be included when computing built-upon
areas.
(L.) Town Board Approval Process on High-density Application. The Town Board
shall either approve an application for the high-density option, approve the
application with fair and reasonable conditions, or disapprove such an application
based upon the applicable criteria contained in Article 7 of this Ordinance.
1. If the Town Board approves the application, such approval shall be
predicated on: 1) the developer and the Town entering into a binding
Operation and Maintenance Plan as indicated in Section 19.1-8(E), and
2) the posting of a performance guarantee as provided in Section 19.1-
8(F). Such approval shall be indicated on the application and on both
copies of the plans submitted with the application.
If the Town Board approves the application, a copy of the application
and one (1) copy of the plans shall be returned to the applicant.
2. If the Town Board disapproves the application, the reasons for such
action shall be sent by first class mail by the Planning, Zoning &
Subdivision Administrator to the applicant within ten(10)working days
of the disapproval. The applicant may make revisions or changes and
submit a revised plan. If the re-submitted plan is submitted to the
Planning, Zoning & Subdivision Administrator within sixty (60) days
of the date of denial, the application fee will be waived.
Coats Development Ordinance - Article 19 Page 16

19.1-9 Buffer Areas Required
(A.) Vegetative Buffers. Should any new development take place on or after the
effective date of these regulations on a lot containing or bordering a perennial
stream [as indicated on the most up-to-date version of a U.S.G.S. 1:24,000 (7.5
minute)map or as otherwise determined by local government studies] and which is
subject to the regulations of this article, a vegetative buffer shall be placed or
maintained immediately perpendicular and parallel to said stream. Said buffer shall
be a minimum of thirty (30) feet in width if the low-density option is used or one
hundred (100) feet in width if the high-density option is used. Desirable artificial
streambank or shoreline stabilization is permitted.
(B.) Development in Buffer. No new development is allowed in the vegetative buffer
area except for water-borne structures (e.g.,piers, docks, etc.)other structures such
as flag poles, signs and security lights, which is result in only diminimus increases
in impervious area and public projects such as road crossings and greenways,where
no practical alternative exists. These activities should minimize built-upon surface
area, direct runoff away from the surface waters and maximize the utilization of
stormwater Best Management Practices.
19.1-10 Nonconforming Situations
Nonconforming situations which existed on or after the effective date of these regulations
shall comply with the provision contained in Article 22 of this Ordinance, with the
following exceptions:
(A.) Nonconforming Lots. A lot of record which existed on the effective date of these
regulations which is used for single-family purposes shall not be subject to the rules
and regulations pertaining to the WS Overlay in which it is located, except as
provided in Article 22 of this Ordinance.
(B.) Nonconforming Structures. If, on or after the effective date of these regulations,
a lot contained one or more structures where aggregate built-upon area calculations
exceeded the maximum allowed for the particular WS Overlay in which said lot is
located,and such structure is damaged in excess of sixty(60)percent of its assessed
value at the time of damage, reconstruction of said structures may occur provided
that the structure is rebuilt in accordance with all applicable regulations in both the
Watershed Overlay,the general zoning district in which it is located, and meets the
requirements of Article 22 of this Ordinance.
Coats Development Ordinance - Article 19 Page 17

19.1-11 Existing Development
Any 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 on any lot other than a lot containing a single-family residence as a principle
use, 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.
19.1-12 Public Health Regulations
No activity, situation, structure or land use shall be allowed within a WS Overlay which
poses a threat to water quality and the public health, safety and welfare. Such conditions
may arise from inadequate on-site sewage systems which utilize ground absorption;
inadequate sedimentation and erosion control measures; the improper storage or disposal
of junk, trash or other refuse within a buffer area; the absence or improper implementation
of a spill containment plan for toxic and hazardous materials;the improper management of
stormwater runoff; or any other situation found to pose a threat to water quality.
The Planning,Zoning& Subdivision Administrator shall monitor land use activities within
all WS Overlays to identify situations that may pose a threat to water quality. The Planning,
Zoning&Subdivision Administrator shall report all findings to the proper agency to handle
the threat and/or the Town Board. The Planning,Zoning&Subdivision 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 or proceeding to restrain, correct or abate the
condition and/or violation as herein authorized.
19.1-13 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. Any amendment to the boundaries of
any particular Water Supply Watershed District shall be referred to the N.C. Division of
Environmental Management, N.C. Division of Environmental Health, and the N.C.
Division of Community Assistance for their review prior to adoption. Otherwise,
amendments to the regulations contained in Article 19 shall follow procedures prescribed
in Article 5 of this Ordinance.
Coats Development Ordinance - Article 19 Page 18

19.1-14 Variances
Variances form the provisions of this Article may be considered subject to the provisions
of Article 6 of this Ordinance subject to the additional requirements of this section. A copy
of the evidentiary hearing notice plus a description of the minor variance 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 recognizing any such jurisdictions and/or parties to
have standing in accordance with G.S. 160D-1402(c).
(A.) Minor Variances. Minor variances(per definition)to the regulations contained herein
(unless specifically prohibited)under guidelines provided in Article 6 of this Ordinance
may be approved by the Board of Adjustment. Upon approval of the minor variance,
the Planning, Zoning & Subdivision Administrator is authorized to proceed with
applicable permit application processing in accordance with this Ordinance and the
stipulations of the approved variance.
(B.) Major Variances. Major variances (per definition) to the regulations contained
herein(unless specifically prohibited)under guidelines provided in Article 6 of this
Ordinance may be approved by the Board of Adjustment. However, prior to issuance
of any development approval under Article 7 of this Ordinance, the Planning, Zoning
& Subdivision Administrator shall prepare a preliminary record for submittal and
review by the Environmental Management Commission for its review. If the
Environmental Management Commission concludes from the preliminary record that
the variance qualifies as a major variance, the Commission shall make a final decision
on the request and mail it to the Planning, Zoning& Subdivision Administrator.
Upon receipt of the final decision, the Planning, Zoning & Subdivision Administrator
shall forward the Environmental Management Commission's decision to the applicant
by first class mail within ten(10) working days of receipt of the decision from the
Environmental Management Commission. The approval, with any additional
conditions or safeguards, shall become part of any zoning permit issued by the
Planning, Zoning & Subdivision Administrator.
Planning, Zoning & Subdivision Administrator shall prepare a preliminary record of
the evidentiary hearing which shall include the following:
a. The variance application;
b. Evidence that proper notification of the evidentiary hearing has been
made;
c. A certified copy of the minutes of the evidentiary hearing including
copies of evidence presented including written comments submitted
from other local government jurisdictions or major water consumers
Coats Development Ordinance - Article 19 Page 19

having standing;
d. Findings and exceptions; and
e. The Board of Adjustment's decision.
19.1-15 Enforcement
These regulations shall be enforced by the Planning, Zoning & Subdivision Administrator
in accordance with Article 23 of this Ordinance. In addition to other duties, the Planning,
Zoning & Subdivision Administrator shall keep records regarding any expansions
approved to structures classified as existing development, so that the maximum coverage
of all new expansions do not exceed that allowed in this Ordinance.
The Planning,Zoning& Subdivision 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 Board of
Adjustment, actions taken by the Board of Adjustment,names and addresses of all persons
giving evidence at the evidentiary hearing shall be submitted annually during the last week
of December to the Division of Environmental Management, Supervisor of the
Classification and Standards Group.
19.2 Additional Standards for Special Situations
19.2-1 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 Coats.
(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
Coats Development Ordinance - Article 19—Page 20

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.
19.2-2 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.
Coats Development Ordinance - Article 19 Page 21