WSMU_PNEH_WSWP Ordinance_20200305

8.3.3 Watershed Protection Overlay District
8.3.3.1 Purpose and Intent
The legislature of the State of North Carolina has, in Chapter 143, Article 21, Watershed Protection Rules, and in 15A North Carolina
Administrative Code 213.0100 and 15A NCAC 2B.0200, delegated the responsibility or directed local government units to adopt
regulations designed to promote the public health, safety and general welfare of its citizenry. The intent of the Watershed Protection
Overlay District is to ensure the availability of public water supplies at a safe and acceptable level of water quality for present and future
residents of the Village and the surrounding region. Watershed protection measures allowed by this Section of the Ordinance include:
(A) Impervious area limitations;
(B) Stream and reservoir buffers;
(C) Restriction of land uses and density allowed within water supply basins by the use of zoning.
8.3.3.2 Applicability
(A) The Watershed Protection District is an overlay district to be applied to designated watersheds on the Official Map of Zoning
Districts with regulations superimposed on all lands lying within the watershed of a public water supply. The boundaries of the
Watershed Protection District(s) shall be shown on the Official Map of Zoning Districts and Extraterritorial Jurisdiction Line. The
Watershed Protection District consists of four (4) sub -areas:
(1) Drowning Creek —Lumber River WS-II, Balance of Watershed;
(2) Nicks Creek —Cape Fear River WS-III, Balance of Watershed;
(3) Little River —Intake #2 WS III, Balance of Watershed;
(4) Little River —Vass WS-III, Balance of Watershed.
The uses prohibited and the limitations on impervious surface coverage in the Watershed Protection Districts are listed in Sections
8.3.3.4 and 8.3.3.5.
(B) Sedimentation and erosion control. Responsible control of erosion and sediment is crucial to the protection of storm water quality
and the continued proper function of the measures required in this Section. Requirements pertaining to sedimentation and erosion are
addressed in Section 9.12 of this Ordinance.
8.3.3.3 Procedures for Development Approval
(A) Protection Measures: All development within the Watershed Protection Overlay District shall demonstrate compliance with the
requirements of this Section at the time of development permit approval, except as set forth in (B) below;
(B) Exception for Existing Development: Development existing as of June 21, 1993 is not subject to the requirements of this Section.
Expansions to existing development must meet the requirements of this Section; however, the impervious surface area of the existing
development is not required to be included in the density calculations. A pre-existing lot owned by an individual or assignee prior to the
effective date of June 21, 1993, regardless of whether or not a vested right has been established, may be developed for single family
residential purposes without being subject to the restrictions of this Section.
8.3.3.4 Prohibited Uses
(A) The following uses are prohibited in the Watershed Protection Overlay Districts:
(1) Uses producing and/or storing toxic and/or hazardous materials not meeting the following performance standards:
(a) Any container or tank used to store hazardous materials shall be equipped with leak detection devices and shall be double
walled or have other secondary containment devices;
(b) Points of storage or use of hazardous materials shall be protected by a corrosion resistant lined dike, sized to handle without
infiltration into the subsurface the maximum amount of hazardous material to be stored or used;
(c) All floor drains that could collect hazardous materials shall be connected to a corrosion resistant tank or catch basin sized to
handle the maximum amount of hazardous materials to be stored or used; these floor drains shall not be open to a natural drainage
system;
(d) Prior to site plan approval, an Emergency Contingency Plan shall be prepared and submitted through the Village Planner to the
Fire Chief, the Public Utilities Department, and Village Engineer for review and approval; the Emergency Contingency Plan shall be
prepared in accordance with the requirements of SARA Title III and shall be updated annually. In addition, the Emergency Contingency
Plan shall include a plan for the site showing buildings and the locations of points of storage and use of hazardous materials.
(2) Any use discharging sewage, industrial waste and/or non -process industrial waste not meeting the pre-treatment requirements of
the Pinehurst Public Utilities Department or the provisions of the NC Administrative Code 2B.0201(d)(1)(B)(iv), (v) and (vii) and
2B.0203.
8.3.3.5 Limitations on Impervious Area
(A) Calculation of Impervious Surface Area: Calculation of impervious surface area shall include the pavement area of all existing
and proposed internal public and private streets, driveways, rooftops, parking lots, patios, and all other impervious surfaces on a project-

by -project basis, but shall not include pathways that are a part of the Village of Pinehurst official greenway system. For purposes of
calculating the percentage of impervious area coverage, the total project area shall be regarded as the actual area of the property plus the
area within the rights -of -way of the internal streets.
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(B) WS-II Watershed Protection District (Drowning Creek —Lumber River WS-11 BW):
(1) Single Family Residential development shall not exceed one dwelling unit per acre or twelve percent (12%) built -upon area on a
project -by -project basis. Multi -family Residential development shall not exceed one dwelling unit per acre or twelve percent (12%)
built -upon area on a project -by -project basis except as provided in (2) below. Non-residential development shall not exceed twelve
percent (12%) built -upon area on a project -by -project basis except as provided in (2) below;
(2) Special intensity allocation up to ten percent (10%) of the balance of the watershed maybe developed for non-residential and
multi -family uses to seventy percent (70%) built -upon area on a project -by -project basis, provided that the following conditions are met:
(a) For the purpose of calculating built -upon area, total project area shall include total acreage in the tract on which the project is
to be developed;
(b) The Village Council must approve the Special Intensity Allocation in accordance with any adopted policies it has related to the
distribution of the Special Intensity Allocation;
(c) Projects must minimize built -upon surface area and incorporate Best Management Practices to minimize water quality impacts.
(C) WS-III Watershed Protection District (Nicks Creek —Cape Fear River; Little River —Intake #2; and Little River —Vass WS-III BW):
(1) Single Family Residential development shall not exceed two (2) dwelling units per acre or twenty-four percent (24%) built -upon
area on a project -by -project basis. Multi -family Residential development shall not exceed two (2) dwelling units per acre or twenty-four
percent (24%) built -upon area on a project -by -project basis except as provided in (2) below. Non-residential development shall not
exceed twenty-four percent (24%) built upon area on a project -by -project basis except as provided in (2) below;
(2) Special intensity allocation up to ten percent (10%) of the balance of the watershed maybe developed for non-residential and
multi -family uses to seventy percent (70%) built -upon area on a project -by -project basis, provided that the following conditions are met:
(a) For the purpose of calculating built -upon area, total project area shall include total acreage in the tract on which the project is
to be developed;
(b) The Village Council must approve the Special Intensity Allocation in accordance with any adopted policies it has related to the
distribution of the Special Intensity Allocation;
(c) Projects must minimize built -upon surface area and incorporate Best Management Practices to minimize water quality impacts.
8.3.3.6 Modifications by Variance
(A) Variances Generally: All requests for relief from the requirements of this Section shall be decided by the Zoning Board of
Adjustment in accordance with the requirements of Chapter 6 , except for those variances that can be granted only by the North Carolina
Environmental Management Commission;
(B) Variances to be Granted by the North Carolina Environmental Management Commission: The following provisions of this
Section may be varied only by the North Carolina Environmental Management Commission:
(1) The complete waiver of any requirement of this Section;
(2) The increase by ten percent (10%) or more of any numerical requirement of this Section. (For example: raising an impervious
surface limit for a development from twenty-four percent (24%) to twenty-six and four -tenths percent (26.4%) or more.)
(C) Recommendation by Zoning Board of Adjustment to the Environmental Management Commission: If an application calls for the
granting of a variance as listed in (B) above, the Zoning Board of Adjustment shall reach a recommendation on the variance in accord
with the requirements of Chapter 5 . If the Zoning Board of Adjustment decides in favor of granting the variance, the Zoning Board of
Adjustment shall prepare a preliminary record of the hearing as soon as possible and forward it to the Environmental Management
Commission. The preliminary record of the hearing shall include:

(1) The variance application;
(2) The hearing notices;
(3) The evidence presented;
(4) Motions, offers of proof, objections to evidence, and rulings on them;
(5) Proposed findings and exceptions;
(6) The proposed decision including all conditions proposed to be added to the permit.
If the Zoning Board of Adjustment denies the variance, the variance is denied and may only be appealed to the Moore County
Superior Court as provided for in Chapter 6 of this Ordinance.
(D) Decision by the Environmental Management Commission:
(1) Approval: If the Commission approves the variance as proposed or with additional conditions, the Commission shall prepare a
decision and send it to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall prepare a final decision in accordance
with the Commission's decision;
(2) Disapproval: If the Commission denies the variance as proposed, the Commission will prepare a decision and send it to the
Zoning Board of Adjustment. The Zoning Board of Adjustment shall prepare a final decision in accordance with the Commission's
decision.
8.3.3.7 Stream Buffers
(A) In all developments under this Section, a stream buffer of minimum width of one hundred (100) feet is hereby established along
all perennial waters indicated on the most recent versions of U.S. Geologic Survey 1:24,000 (7.5 minute) scale topographic maps or as
determined by local government studies located within the Watershed Protection Districts. The width of each stream buffer, measured
perpendicular to the banks of the stream, shall be equal to one hundred (100) feet on each side of the stream;
(B) No land -disturbing activities shall take place within any stream buffer, except for required streets and associated facilities, utility
mains and easements, greenways and pedestrian paths. Where no practicable alternative exists, roads and golf courses may cross a
buffer, provided that they do not cross at a horizontal angle of less than 60 degrees. Nothing in this Section shall be construed to prevent
desirable artificial stream banks shoreline stabilization;
(C) Stream buffers shall be shown on all site plans and subdivision plats approved within the Watershed Protection District.
8.3.3.8 Street Construction
(A) All streets shall be designed in accordance with the Village of Pinehurst Engineering Standards and Specifications Manual;
(B) Notwithstanding any other requirements set forth elsewhere in this Ordinance, street construction projects located in the
Watershed Protection District shall be constructed with curb and gutter according to Village of Pinehurst Engineering Standards and
Specifications Manual; provided that such projects shall, to the maximum extent practicable, minimize built -upon surface area, direct
storm water away from surface waters and incorporate Best Management Practices to minimize water quality impacts by:
(1) Installing outlets to convey all storm water to grass swales or vegetated areas meeting NCDENR design standards for Best
Management Practices prior to the runoff discharging to waters;
(2) Obtaining from the Village Engineer approval for any site -specific proposal to minimize the impact of the proposed street on
water quality in any site -specific area where option 1 cannot be practicably implemented. Any site -specific proposal to be employed in a
water supply watershed area as part of this standard shall be accompanied by adequate computations and documentation to demonstrate
that the proposal will provide at least eighty-five percent (85%) TSS removal in accordance with the design standards of the NCDWQ
"BMP Design Manual".
(Ord. 14-35, passed 09-24-2014)