WSCO_POLK_WSWP Ordinance_20200909

POLK COUNTY, NORTH CAROLINA
WATERSHED PROTECTION ORDINANCE
Effective October 6, 2014
ARTICLE 100: AUTHORITY AND GENERAL REGULATIONS
Section 101. Authority and Enactment.
The Legislature of the State of North Carolina has, in Chapter 153A, Article 6, Section 121, 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 Governing Board of Polk County does hereby ordain and enact into law the following articles as the
Watershed Protection Ordinance of Polk County.
Identification:
WS II Critical (CA) and Balance of the Watershed (BW) Areas:
Big Fall Creek (CA-86 ac, BW-870 ac), Colt Creek (CA-126 ac, BW-1265 ac),
Fork Creek (CA-181 ac, BW-1169 ac)
WS III Critical (CA) and Balance of the Watershed (BW) Areas:
Horse Creek (CA-101 ac, BW-241 ac)
WS IV (PA) Protected Areas:
Broad River (PA-approx. 300 ac)
Big Broad River (PA-3,196 ac)
Green River (Lake Adger) - (CA-3154 ac, BW-17,421 ac)
Section 102. Jurisdiction.
The provisions of this Ordinance shall apply within the areas designated as a Public Water Supply Watershed by
the N.C. Environmental Management Commission and shall be defined and established on the map entitled, "Watershed
Protection Map of Polk County, North Carolina" ("the Watershed Map"), which is adopted simultaneously herewith. The
Watershed Map and all explanatory matter contained thereon accompanies and is hereby made a part of this Ordinance.
This Ordinance shall be permanently kept on file in the office of the Polk County Clerk.
Section 103. 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 shall
any provision of this Ordinance amend, modify, or restrict any provisions of the Code of Ordinances of Polk County;
Watershed Ordinance 10.6.2014 BOC approved
1

however, the adoption of this Ordinance shall and does amend any and all ordinances, resolutions, and regulations in
effect in the Polk County 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, covenants 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 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.
(D) If a nonconforming lot of record is not contiguous to any other lot owned by the same party, then that lot of
record shall not be subject to the development restrictions of this ordinance if it is developed for single-family residential
purposes. Any lot or parcel created as part of a family subdivision after the effective date of these rules shall be exempt
from these rules if it is developed for one single-family detached residence and if it is exempt from local subdivision
regulation. Any lot or parcel created as part of any other type of subdivision that is exempt from a local subdivision
ordinance shall be subject to the land use requirements (including impervious surface requirements) of these rules, except
that such a lot or parcel must meet the minimum buffer requirements to the maximum extent practicable.
Section 104. Repeal of Existing Watershed Ordinance.
This ordinance in part carries forward by re-enactment, some of the Watershed Ordinance of the Polk County,
North Carolina adopted by the Board of Commissioners on October 6, 2014 as amended, and it is not the intention to
repeal but rather to re-enact and continue in force such existing provisions so that all rights and liabilities that have
accrued thereunder are preserved and may be enforced. All provisions of the Watershed Ordinance which are not re-
enacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of
any ordinance provisions heretofore in effect, which are now pending in any court of this state or of the United States,
shall not be abated or abandoned by reason of the adoption of this ordinance, but shall be prosecuted to their finality the
same as if this ordinance had not been adopted; and any and all violations of the existing Watershed Protection
Ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in
this ordinance shall be so construed as to abandon, abate or dismiss any litigation or prosecution now pending and/or
which may heretofore have been instituted or prosecuted.
Section 105. Criminal Penalties.
Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction,
shall be punished in accordance with NCGS 14-4. The maximum fine for each offense shall not exceed $500.00. Each day
that the violation continues shall constitute a separate offense.
Section 106. Remedies.
(A) If any subdivision, development and/or land use is found to be in violation of this Ordinance, Polk County
Governing Board may, in addition to all other remedies available either in law or in equity, institute a civil penalty in the
amount of $100.00, action or proceedings to restrain, correct, or abate the violation; to prevent occupancy of the building,
structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises. In addition, the N.C.
Environmental Management Commission may assess civil penalties in accordance with G.S.143-215.6(a). Each day that
the violation continues shall constitute a separate offense.
(B) If the Watershed Administrator finds that any of the provisions of this ordinance are being violated, he shall
notify in writing the person responsible for such violation, indicating the nature of the violation, and ordering the action
necessary to correct it. He shall order discontinuance of the illegal use of land, buildings or structures; removal of illegal
buildings or structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal work being
done; or shall take any action authorized by this ordinance to ensure compliance with or to prevent violation of its
provisions. If a ruling of the Watershed Administrator is questioned, the aggrieved party or parties may appeal such
ruling to the Watershed Review Board.
Watershed Ordinance 10.6.2014 BOC approved
2

Section 107. Severability.
Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of
competent jurisdiction, the declaration shall not affect the validity of this Ordinance as a whole or any part thereof that is
not specifically declared to be invalid or unconstitutional.
Section 108. Effective Date.
This Ordinance shall take effect and be in force on this 611, day of October, 2014.
Polk County
Chairman Board of Commissioners
Polk County
Attorney to the Board of Commissioners
Section 109. Adoption Date.
Polk County
Clerk to the Board of Commissioners
This Ordinance shall be adopted on this 6th day of October, 2014.
ARTICLE 200: SUBDIVISION REGULATIONS.
Note: Provisions in this Article are derived in part from statutory authority Chapter 153A, Article 18, Part 2
Section 201. General Provisions.
(A) No subdivision plat of land within the Public Water Supply Watershed shall be filed or recorded by the
Register of Deeds until it has been approved in accordance with the provisions of this Article. 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
Article.
(B) The approval of a plat does not constitute or effect the acceptance by Polk County or the public of the
dedication of any street or other ground, easement, right-of-way, public utility line, or other public facility shown on the
plat and shall not be construed to do so.
(C) All subdivisions shall conform with the mapping requirements contained in G.S.47-30.
(D) All subdivisions of land within the jurisdiction of Polk County after the effective date of this ordinance shall
require a plat to be prepared, approved, and recorded pursuant to this ordinance.
Section 202. Subdivision Application and Review Procedures.
(A) All proposed subdivisions shall be reviewed prior to recording with the Register of Deeds by submitting a
vicinity map to the Watershed Administrator to determine whether or not the property is located within the designated
Public Water Supply Watershed. Subdivisions that are not within the designated watershed area shall not be subject to
Watershed Ordinance 10.6.2014 BOC approved
3

the provisions of this ordinance and may be recorded provided the Watershed Administrator initials the vicinity map. In
addition, subdivisions within a
WS-IV watershed are subject to the provisions of this ordinance only when an erosion and sedimentation plan is required
under the provisions of State law, or approved local program. Subdivisions within the designated watershed area shall
comply with the provisions of this Article and all other state and local requirements that may apply.
(B) Subdivision applications shall be filed with the Watershed Administrator. The application shall include a
completed application form, two (2) copies of the plat and supporting documentation deemed necessary by the
Watershed Administrator or the Watershed Review Board (see appendix A).
(C) The Watershed Administrator shall review the completed application and shall either approve, approve
conditionally or disapprove each application. The Watershed Administrator shall take final action within forty-five (45)
days of submission of the application. The Watershed Administrator or the Board may provide public agencies an
opportunity to review and make recommendations. However, failure of the agencies to submit their comments and
recommendations shall not delay action within the prescribed time limit. Said public agencies may include, but are not
limited to, the following:
(1) The district highway engineer with regard to proposed streets and highways.
(2) The director of the Health Department with regard to proposed private water system or sewer
systems normally approved by the Health Department.
(3) The state Division of Water Quality with regard to proposed sewer systems normally approved by
the Division, engineered storm water controls or storm water management in general.
(4) Any other agency or official designated by the Watershed Administrator or Watershed Review
Board.
(D) If the Watershed Administrator approves the application, such approval shall be indicated on both copies of
the plat by the following certificate and signed by the Watershed Administrator:
Certificate of Approval for Recording
I certify that the plat shown hereon complies with the Watershed Protection Ordinance and is approved
by the Watershed Review Board for recording in the Register of Deeds office.
Date Watershed Administrator
NOTICE: This property is located within a Public Water Supply Watershed - development
restrictions may apply.
(E) If the Watershed Administrator disapproves or approves conditionally the application, the reasons for such
action shall be stated in writing for the applicant and entered in the minutes. The subdivider may make changes and
submit a revised plan which shall constitute a separate request for the purpose of review.
(F) All subdivision plats shall comply with the requirements for recording of the County Register of Deeds.
(G) The plat shall be recorded within thirty (30) days of approval. The Subdivider shall provide the Watershed
Administrator with evidence the plat has been recorded with the Register of Deeds within five (5) working days.
Section 203. Subdivision Standards and Required Improvements.
(A) All lots shall provide adequate building space in accordance with the development standards contained
in Article 300. Lots which are smaller than the minimum required for residential lots may be developed using built -upon
Watershed Ordinance 10.6.2014 BOC approved
4

area criteria in accordance with Article 300.
(B) 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.
(C) Storm Water Drainage Facilities. The application shall be accompanied by a description of the proposed
method of providing storm water drainage. The subdivider shall provide a drainage system that diverts stormwater
runoff away from surface waters and incorporates best management practices to minimize water quality impacts.
(D) Erosion and Sedimentation Control. The application shall, where required, be accompanied by a written
statement that a Sedimentation and Erosion Control Plan has been submitted to and approved by the N. C. Division of
Energy, Mineral and Land Resources.
(E) Roads constructed in critical areas and watershed buffer areas. Where possible, roads should be located
outside of critical areas and watershed buffer areas. Roads constructed within these areas shall be designed and
constructed to minimize their impact on water quality.
Section 204. Construction Procedures.
(A) No construction or installation of improvements shall commence in a proposed subdivision until a
subdivision plat has been approved.
(B) No building or other permits shall be issued for erection of a structure on any lot not of record at the time
of adoption of this Ordinance until all requirements of this Ordinance have been met. The subdivider, prior to
commencing any work within the subdivision, shall make arrangements with the Watershed Administrator to provide
for adequate inspection.
Section 205. Penalties for Transferring Lots in Unapproved Subdivisions.
Any person who, being the owner or agent of the owner of any land located within the jurisdiction of Polk
County, thereafter subdivides his land in violation of this ordinance or transfers or sells land by reference to, exhibition
of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this
ordinance and recorded in the office of the register of deeds, shall be guilty of a misdemeanor. The description by metes
and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not
exempt the transaction from this penalty. Polk County may bring an action for injunction of any illegal subdivision,
transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order
requiring the offending party to comply with this ordinance.
ARTICLE 300: DEVELOPMENT REGULATIONS
Section 301. Establishment of Watershed Areas.
The purpose of this Article is to list and describe the watershed areas herein adopted.
For purposes of this ordinance Polk County hereby divided into the following areas, as appropriate:
WS-I
WS-II-CA
(Critical Area)
WS-II-BW
(Balance of Watershed)
WS-III-CA
(Critical Area)
WS-III-BW
(Balance of Watershed)
WS-IV-CA
(Critical Area)
WS-IV-PA
(Protected Area)
Section 302. Watershed Areas Described.
Watershed Ordinance 10.6.2014 BOC approved
5

(A) WS-I Watershed Areas. The intent is to provide maximum protection for water supplies within natural and
undeveloped watersheds in public ownership by allowing only low intensity uses. No residential or non-residential uses
are allowed except those listed below. Impacts from non -point source pollution shall be minimized.
(1) Allowed Uses:
(a) Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture,
Conservation and Trade Act of 1990 and all rules and regulations of the Soil and Water Conservation
Commission.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15
NCAC 1L6101-.0209).
(c) Water withdrawal, treatment and distribution facilities.
(d) Restricted road access.
(e) Power transmission lines.
(2) Density and built -upon area limits do not apply.
(B) WS-II Watershed Areas - Critical Area (WS-II-CA). In order to maintain a predominately undeveloped land
use intensity pattern, single family residential uses shall be allowed at a maximum of one dwelling unit per two acres.
All other residential and non-residential development shall be allowed at a maximum six percent (6%) built -upon area.
New residuals application sites and landfills are specifically prohibited.
(1) Allowed Uses:
(a) Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture,
Conservation and Trade Act of 1990 and the rules and regulations of the Soil and Water Conservation
Commission.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15
NCAC 1L6101-.0209).
(c) Residential development.
(d) Non-residential development, excluding: 1) landfills and 2) sites for land application of residuals or
petroleum contaminated soils.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one dwelling unit per two (2) acres on a
project by project basis. No residential lot shall be less than two (2) acres [80,000 square feet excluding
roadway right-of-way], except within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed six percent (6%) built -upon
area on a project by project basis 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.
(c) For purposes of achieving compliance with the water supply watershed development standards, an
applicant may average development density on up to two noncontiguous properties for purposes of
achieving compliance with the water supply watershed development standards if all of the following
circumstances exist:
Watershed Ordinance 10.6.2014 BOC approved
6

(1) The properties are within the same water supply watershed. If one of the properties is located
in the critical area of the watershed, the critical area property shall not be developed beyond the
applicable density requirements for its classification.
(2) Overall project density meets applicable density or stormwater control requirements under
15A NCAC 2B .0200.
(3) Vegetated buffers on both properties meet the minimum statewide water supply watershed
protection requirements.
(4) Built upon areas are designed and located to minimize stormwater runoff impact to the
receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow
through vegetated areas, and maximize the flow length through vegetated areas.
(5) Areas of concentrated density development are located in upland areas and, to the maximum
extent practicable, away from surface waters and drainageways.
(6) The property or portions of the properties that are not being developed will remain in a
vegetated or natural state and will be managed by a homeowners' association as common
area, conveyed to a local government as a park or greenway, or placed under a permanent
conservation or farmland preservation easement unless it can be demonstrated that the local
government can ensure long-term compliance through deed restrictions and an electronic
permitting mechanism. A metes and bounds description of the areas to remain vegetated and
limits on use shall be recorded on the subdivision plat, in homeowners' covenants, and on
individual deed and shall be irrevocable.
(7) Development permitted under density averaging and meeting applicable low density
requirements shall transport stormwater runoff by vegetated conveyances to the maximum
extent practicable.
(8) A conditional use permit shall be obtained from the local Watershed Review Board to ensure
that both properties considered together meet the standards of the watershed ordinance and
that potential owners have record of how the watershed regulations were applied to the
properties.
(C) WS-II Watershed Areas - Balance of Watershed (WS-II-BW). In order to maintain predominantly
undeveloped land use intensity, single family residential uses shall be allowed at a maximum of one dwelling unit per
acre (1 du/ac). All other residential and non residential development shall be allowed a maximum of twelve percent
built -upon area. In addition, new development may occupy ten percent (10%) of the watershed area which is outside the
critical area, with seventy percent (70%) built -upon area when approved as a special intensity allocation (SIA). The
Watershed Administrator is authorized to approve SIAs consistent with the provisions of this ordinance. Projects must,
to the maximum extent practicable, minimize built -upon surface area, direct stormwater away from surface waters and
incorporate Best Management Practices to minimize water quality impacts. Non -discharging landfills and residuals
application sites are allowed.
(1) Allowed Uses:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural,
Conservation and Trade Act of 1990.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15
NCAC 1L0101-.0209).
(c) Residential development.
(d) Non-residential development excluding discharging landfills.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one dwelling unit per acre (1 du/ ac) on a
Watershed Ordinance 10.6.2014 BOC approved
7

project by project basis. No residential lot shall be less than one acre [or 40,000 square feet excluding
roadway right-of-way], except within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed twelve percent (12%) built -
upon area on a project by project basis except that up to ten percent (10%) of the balance of the watershed
may be developed at up to seventy percent (70%) built -upon area on a project by project basis. For the
purpose calculating built -upon area, total project area shall include total acreage in the tract on which the
project is to be developed.
(c) For purposes of achieving compliance with the water supply watershed development standards, an
applicant may average development density on up to two noncontiguous properties for purposes of
achieving compliance with the water supply watershed development standards if all of the following
circumstances exist:
(1) The properties are within the same water supply watershed. If one of the properties is located
in the critical area of the watershed, the critical area property shall not be developed beyond the
applicable density requirements for its classification.
(2) Overall project density meets applicable density or stormwater control requirements under
15A NCAC 2B .0200.
(3) Vegetated buffers on both properties meet the minimum statewide water supply watershed
protection requirements.
(4) Built upon areas are designed and located to minimize stormwater runoff impact to the
receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow
through vegetated areas, and maximize the flow length through vegetated areas.
(5) Areas of concentrated density development are located in upland areas and, to the maximum
extent practicable, away from surface waters and drainageways.
(6) The property or portions of the properties that are not being developed will remain in a
vegetated or natural state and will be managed by a homeowners' association as common
area, conveyed to a local government as a park or greenway, or placed under a permanent
conservation or farmland preservation easement unless it can be demonstrated that the local
government can ensure long-term compliance through deed restrictions and an electronic
permitting mechanism. A metes and bounds description of the areas to remain vegetated and
limits on use shall be recorded on the subdivision plat, in homeowners' covenants, and on
individual deed and shall be irrevocable.
(7) Development permitted under density averaging and meeting applicable low density
requirements shall transport stormwater runoff by vegetated conveyances to the maximum
extent practicable.
(8) A conditional use permit shall be obtained from the local Watershed Review Board to ensure
that both properties considered together meet the standards of the watershed ordinance and
that potential owners have record of how the watershed regulations were applied to the
properties.
(D) WS-III Watershed Areas - Critical Area (WS-III-CA). In order to maintain low to moderate land use
intensity, single family residential uses are allowed at a maximum of one (1) dwelling unit per acre (1 du/ac. All other
residential and non-residential development shall be allowed at a maximum of twelve percent (12%) built -upon area.
New residuals application sites and landfills are specifically prohibited.
(1) Allowed Uses:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture,
Conservation and Trade Act of 1990 and the rules and regulations of the Soil and Water Conservation
Commission.
Watershed Ordinance 10.6.2014 BOC approved
8

(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15
NCAC 1L0101-.0209).
(c) Residential.
(d) Non-residential development, excluding: 1) landfills and 2) sites for land application of residuals or
petroleum contaminated soils.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one dwelling unit per acre (1 du/ac) on a
project by project basis. No residential lot shall be less than one acre [or 40,000 ssquare feet excluding
roadway right-of-way], except within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed twelve percent (12%) built -
upon area on a project by project basis. For the purpose of calculating built -upon area, the total project
area shall include total acreage in the tract on which the project is to be developed.
(c) For purposes of achieving compliance with the water supply watershed development standards, an
applicant may average development density on up to two noncontiguous properties for purposes of
achieving compliance with the water supply watershed development standards if all of the following
circumstances exist:
(1) The properties are within the same water supply watershed. If one of the properties is located
in the critical area of the watershed, the critical area property shall not be developed beyond the
applicable density requirements for its classification.
(2) Overall project density meets applicable density or stormwater control requirements under
15A NCAC 2B .0200.
(3) Vegetated buffers on both properties meet the minimum statewide water supply watershed
protection requirements.
(4) Built upon areas are designed and located to minimize stormwater runoff impact to the
receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow
through vegetated areas, and maximize the flow length through vegetated areas.
(5) Areas of concentrated density development are located in upland areas and, to the maximum
extent practicable, away from surface waters and drainageways.
(6) The property or portions of the properties that are not being developed will remain in a
vegetated or natural state and will be managed by a homeowners' association as common
area, conveyed to a local government as a park or greenway, or placed under a permanent
conservation or farmland preservation easement unless it can be demonstrated that the local
government can ensure long-term compliance through deed restrictions and an electronic
permitting mechanism. A metes and bounds description of the areas to remain vegetated and
limits on use shall be recorded on the subdivision plat, in homeowners' covenants, and on
individual deed and shall be irrevocable.
(7) Development permitted under density averaging and meeting applicable low density
requirements shall transport stormwater runoff by vegetated conveyances to the maximum
extent practicable.
(8) A conditional use permit shall be obtained from the local Watershed Review Board to ensure
that both properties considered together meet the standards of the watershed ordinance and
that potential owners have record of how the watershed regulations were applied to the
properties.
(E) WS-III Watershed Areas - Balance of Watershed (WS-III-BW). In order to maintain a low to moderate land
Watershed Ordinance 10.6.2014 BOC approved
9

use intensity, single family detached uses shall develop at a maximum of two (2) dwelling units per acre (2 du/ac). All
other residential and non-residential development shall be allowed at a maximum of twenty-four percent (24%) built -
upon area. In addition, new development and expansions to existing development may occupy ten percent (10%) of the
balance of the watershed area with up to seventy percent (70%) built -upon area when approved as a special intensity
allocation (SIA). The Watershed Administrator is authorized to approve SIAs consistent with the provisions of this
ordinance. Projects must, to the maximum extent practicable, minimize built -upon surface area, direct stormwater away
from surface waters and incorporate Best Management Practices to minimize water quality impacts. Non -discharging
landfills and residuals application sites are allowed.
(1) Allowed Uses:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural,
Conservation and Trade Act of 1990.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15
NCAC 1L0101-.0209).
(c) Residential development.
(d) Non-residential development excluding discharging landfills.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed two (2) dwelling units per acre, as defined
on a project by project basis. No residential lot shall be less than one-half (1/2) acre [or 20,000 square feet
excluding roadway right-of-way], except within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed twenty-four percent (24%)
built -upon area on a project by project basis except that up to ten percent (10%) of the balance of the
watershed may be developed with new development and expansions to existing development at up to
seventy percent (70%) built -upon area on a project by project basis. 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.
(c) For purposes of achieving compliance with the water supply watershed development standards, an
applicant may average development density on up to two noncontiguous properties for purposes of
achieving compliance with the water supply watershed development standards if all of the following
circumstances exist:
(1) The properties are within the same water supply watershed. If one of the properties is located
in the critical area of the watershed, the critical area property shall not be developed beyond the
applicable density requirements for its classification.
(2) Overall project density meets applicable density or stormwater control requirements under
15A NCAC 2B .0200.
(3) Vegetated buffers on both properties meet the minimum statewide water supply watershed
protection requirements.
(4) Built upon areas are designed and located to minimize stormwater runoff impact to the
receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow
through vegetated areas, and maximize the flow length through vegetated areas.
(5) Areas of concentrated density development are located in upland areas and, to the maximum
extent practicable, away from surface waters and drainageways.
(6) The property or portions of the properties that are not being developed will remain in a
vegetated or natural state and will be managed by a homeowners' association as common
area, conveyed to a local government as a park or greenway, or placed under a permanent
conservation or farmland preservation easement unless it can be demonstrated that the local
Watershed Ordinance 10.6.2014 BOC approved
10

government can ensure long-term compliance through deed restrictions and an electronic
permitting mechanism. A metes and bounds description of the areas to remain vegetated and
limits on use shall be recorded on the subdivision plat, in homeowners' covenants, and on
individual deed and shall be irrevocable.
(7) Development permitted under density averaging and meeting applicable low density
requirements shall transport stormwater runoff by vegetated conveyances to the maximum
extent practicable.
(8) A conditional use permit shall be obtained from the local Watershed Review Board to ensure
that both properties considered together meet the standards of the watershed ordinance and
that potential owners have record of how the watershed regulations were applied to the
properties.
(F) WS-IV Watershed Areas - Critical Area (WS-IV-CA). Only new development activities that require an
erosion/sedimentation control plan under State law or approved local program are required to meet the provisions of
this ordinance when located in a WS-IV watershed. In order to address a moderate to high land use intensity pattern,
single family residential uses are allowed at a maximum of two (2) dwelling units per acre. All other residential and non-
residential development shall be allowed at a maximum of twenty-four percent (24%) built -upon area. New residuals
application sites and landfills are specifically prohibited.
(1) Allowed Uses:
(a) Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture,
Conservation and Trade Act of 1990 and the rules and regulations of the Soil and Water Conservation
Commission.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15
NCAC 1L0101-.0209).
(c) Residential.
(d) Non-residential development, excluding: 1) landfills and 2) sites for land application of residuals or
petroleum contaminated soils.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed two dwelling units per acre on a project by
project basis. No residential lot shall be less than one-half (1/2) acre (or 20,000 square feet excluding
roadway right-of-way), except within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed twenty-four percent (24%)
built -upon area 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.
(c) For purposes of achieving compliance with the water supply watershed development standards, an
applicant may average development density on up to two noncontiguous properties for purposes of
achieving compliance with the water supply watershed development standards if all of the following
circumstances exist:
(1) The properties are within the same water supply watershed. If one of the properties is located
in the critical area of the watershed, the critical area property shall not be developed beyond the
applicable density requirements for its classification.
(2) Overall project density meets applicable density or stormwater control requirements under
15A NCAC 2B .0200.
Watershed Ordinance 10.6.2014 BOC approved
11

(3) Vegetated buffers on both properties meet the minimum statewide water supply watershed
protection requirements.
(4) Built upon areas are designed and located to minimize stormwater runoff impact to the
receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow
through vegetated areas, and maximize the flow length through vegetated areas.
(5) Areas of concentrated density development are located in upland areas and, to the maximum
extent practicable, away from surface waters and drainageways.
(6) The property or portions of the properties that are not being developed will remain in a
vegetated or natural state and will be managed by a homeowners' association as common
area, conveyed to a local government as a park or greenway, or placed under a permanent
conservation or farmland preservation easement unless it can be demonstrated that the local
government can ensure long-term compliance through deed restrictions and an electronic
permitting mechanism. A metes and bounds description of the areas to remain vegetated and
limits on use shall be recorded on the subdivision plat, in homeowners' covenants, and on
individual deed and shall be irrevocable.
(7) Development permitted under density averaging and meeting applicable low density
requirements shall transport stormwater runoff by vegetated conveyances to the maximum
extent practicable.
(8) A conditional use permit shall be obtained from the local Watershed Review Board to ensure
that both properties considered together meet the standards of the watershed ordinance and
that potential owners have record of how the watershed regulations were applied to the
properties.
(G) WS-IV Watershed Areas - Protected Area (WS-IV-PA). Only new development activities that require an
erosion/sedimentation control plan under State law or approved local government program are required to meet the
provisions of this ordinance when located in a WS-IV watershed. In order to accommodate moderate to high land use
intensity, single family residential uses shall develop at a maximum of two (2) dwelling units per acre (2 du/acl. All
other residential and non-residential development shall be allowed at a maximum of twenty-four percent (24%) built -
upon area. A maximum of three (3) dwelling units per acre (3 du/ac) or thirty-six (36%) percent built -upon area is
allowed for projects without a curb and gutter street system.
(1) Uses Allowed:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural,
Conservation and Trade Act of 1990.
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15
NCAC 1L0101-.0209).
(c) Residential development.
(d) Non-residential development.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed two (2) dwelling units per acre, as defined
on a project by project basis. No residential lot shall be less than one-half (1/2) acre (or 20,000 square feet
excluding roadway right-of-way), or one-third (1/3) acre for projects without a curb and gutter street
system, except within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed twenty-four percent (24%)
built -upon area on a project by project basis. For projects without a curb and gutter street system,
development shall not exceed thirty-six percent (36%) built -upon area on a project by project basis. For
Watershed Ordinance 10.6.2014 BOC approved
12

the purpose of calculating built -upon area, total project area shall include acreage in the tract on which
the project is to be developed.
(c) In addition to the development allowed under paragraphs (a) and (b) above, new development and
expansions to existing development may occupy up to ten percent (10%) of the protected area with up to
seventy percent (70%) built -upon area on a project by project basis, when approved as a special intensity
allocation (SIA). The Watershed Administrator is authorized to approve SIAs consistent with the
provisions of this ordinance. Projects must, to the maximum extent practicable, minimize built -upon
surface area, direct stormwater away from surface waters and incorporate Best Management Practices to
minimize water quality impacts. 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.
(d) For purposes of achieving compliance with the water supply watershed development standards, an
applicant may average development density on up to two noncontiguous properties for purposes of
achieving compliance with the water supply watershed development standards if all of the following
circumstances exist:
(1) The properties are within the same water supply watershed. If one of the properties is located
in the critical area of the watershed, the critical area property shall not be developed beyond the
applicable density requirements for its classification.
(2) Overall project density meets applicable density or stormwater control requirements under
15A NCAC 2B .0200.
(3) Vegetated buffers on both properties meet the minimum statewide water supply watershed
protection requirements.
(4) Built upon areas are designed and located to minimize stormwater runoff impact to the
receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow
through vegetated areas, and maximize the flow length through vegetated areas.
(5) Areas of concentrated density development are located in upland areas and, to the maximum
extent practicable, away from surface waters and drainageways.
(6) The property or portions of the properties that are not being developed will remain in a
vegetated or natural state and will be managed by a homeowners' association as common
area, conveyed to a local government as a park or greenway, or placed under a permanent
conservation or farmland preservation easement unless it can be demonstrated that the local
government can ensure long-term compliance through deed restrictions and an electronic
permitting mechanism. A metes and bounds description of the areas to remain vegetated and
limits on use shall be recorded on the subdivision plat, in homeowners' covenants, and on
individual deed and shall be irrevocable.
(7) Development permitted under density averaging and meeting applicable low density
requirements shall transport stormwater runoff by vegetated conveyances to the maximum
extent practicable.
(8) A conditional use permit shall be obtained from the local Watershed Review Board to ensure
that both properties considered together meet the standards of the watershed ordinance and
that potential owners have record of how the watershed regulations were applied to the
properties.
Section 303. Cluster Development.
Cluster development is allowed in all Watershed Areas [except WS-I] under the following conditions:
(A) Minimum lot sizes are not applicable to single family cluster development projects; however, the total
number of lots shall not exceed the number of lots allowed for single family detached developments in
Section 302. Density or built -upon area for the project shall not exceed that allowed for the critical area,
balance of watershed or protected area, whichever applies.
Watershed Ordinance 10.6.2014 BOC approved
13

(B) All built -upon area shall be designed and located to minimize stormwater runoff impact to the receiving
waters and minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas,
and maximize the flow length through vegetated areas.
(C) Areas of concentrated density development shall be located in upland area and away, to the maximum extent
practicable, from surface waters and drainage ways.
(D) The remainder of the tract shall remain in a vegetated or natural state. The title to the open space area shall be
conveyed to an incorporated homeowners association for management; to a local government for
preservation as a park or open space; or to a conservation organization for preservation in a permanent
easement. Where a property association is not incorporated, a maintenance agreement shall be filed with the
property deeds.
(E) Cluster developments that meet the applicable low density requirements shall transport stormwater runoff
by vegetated conveyances to the maximum extent practicable.
Section 304. Buffer Areas Required.
(A) A minimum one hundred (100) foot vegetative buffer is required for all new development activities that
exceed the low density option; otherwise, a minimum thirty (30) foot vegetative buffer for development activities is
required along all perennial waters indicated on the most recent versions of U.S.G.S.1:24,000 (7.5 minute) scale
topographic maps or as determined by local government studies. Desirable artificial streambank or shoreline
stabilization is permitted.
(B) No new development is allowed in the buffer except for water dependent structures, other structures such as
flag poles, signs and security lights which result in only diminutive 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.
Section 305. Rules Governing the Interpretation of Watershed Area Boundaries.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed Map, the
following rules shall apply:
(A) Where area boundaries are indicated as approximately following either street, alley, railroad or highway
lines or centerlines thereof, such lines shall be construed to be said boundaries.
(B) Where area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to
be said boundaries. However, a surveyed plat prepared by a registered land surveyor may be submitted to the Polk
County as evidence that one or more properties along these boundaries do not lie within the watershed area.
(C) Where the watershed area boundaries lie at a scaled distance more than twenty-five (25) feet from any
parallel lot line, the location of watershed area boundaries shall be determined by use of the scale appearing on the
watershed map.
(D) Where the watershed area boundaries lie at a scaled distance of twenty-five (25) feet or less from any parallel
lot line, the location of watershed area boundaries shall be construed to be the lot line.
(E) Where other uncertainty exists, the Watershed Administrator shall interpret the Watershed Map as to
location of such boundaries. This decision may be appealed to the Watershed Review Board.
Section 306. Application of Regulations.
Watershed Ordinance 10.6.2014 BOC approved
14

(A) No building or land shall hereafter be used and no development shall take place except in conformity with
the regulations herein specified for the watershed area in which it is located.
(B) No area required for the purpose of complying with the provisions of this ordinance shall be included in the
area required for another building.
(C) If a use or class of use is not specifically indicated as being allowed in a watershed area, such use or class of
use is prohibited.
Section 307. Existing Development.
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 must meet the requirements of this ordinance,
however, the built -upon area of the existing development is not required to be included in the built -upon area
calculations.
(A) Uses of Land. This category consists of uses existing at the time of adoption of this ordinance where such
use of the land is not permitted to be established hereafter in the watershed area in which it is located. Such uses may be
continued except as follows:
(1) When such use of land has been changed to an allowed use, it shall not thereafter revert to any
prohibited use.
(2) Such use of land shall be changed only to an allowed use.
(3) When such use ceases for a period of at least one year, it shall not be reestablished.
(B) Reconstruction of Buildings or Built -upon Areas. Any existing building or built -upon area not in
conformance with the restrictions of this ordinance that has been damaged or removed may be repaired and/or
reconstructed, except that there are no restrictions on single family residential development, provided:
(1) Repair or reconstruction is initiated within twelve (12) months and completed within two (2) years of
such damage.
(2) The total amount of space devoted to built -upon area may not be increased unless stormwater control
that equals or exceeds the previous development is provided.
Section 308. Watershed Protection Permit.
(A) Except where a single family residence is constructed on a lot deeded prior to the effective date of this
ordinance, no building or built -upon area shall be erected, moved, enlarged or structurally altered, nor shall any building
permit be issued nor shall any change in the use of any building or land be made until a Watershed Protection Permit has
been issued by the Watershed Administrator. No Watershed Protection Permit shall be issued except in conformity with
the provisions of this ordinance.
(B) Watershed Protection Permit applications shall be filed with the Watershed Administrator. The application
shall include a completed application form (see Appendix A) and supporting documentation deemed necessary by the
Watershed Administrator.
(C) Prior to issuance of a Watershed Protection Permit, the Watershed Administrator may consult with qualified
personnel for assistance to determine if the application meets the requirements of this ordinance.
(D) A Watershed Protection Permit shall expire if a Building Permit or Watershed Occupancy Permit for such
use is not obtained by the applicant within twelve (12) months from the date of issuance.
Section 309. Building Permit Required.
Watershed Ordinance 10.6.2014 BOC approved
15

No permit required under the North Carolina State Building Code shall be issued for any activity for which a Watershed
Protection Permit is required until that permit has been issued.
Section 310. Watershed Protection Occupancy Permit.
(A) The Watershed Administrator shall issue a Watershed Protection Occupancy Permit certifying that all
requirements of this ordinance have been met prior to the occupancy or use of a building hereafter erected, altered or
moved and/or prior to the change of use of any building or land.
(B) A Watershed Protection Occupancy Permit, either for the whole or part of a building, shall be applied for
coincident with the application for a Watershed Protection Permit and shall be issued or denied within ten (10) days after
the erection or structural alterations of the building.
(C) When only a change in use of land or existing building occurs, the Watershed Administrator shall issue a
Watershed Protection Occupancy Permit certifying that all requirements of this ordinance have been met coincident with
the Watershed Protection Permit.
(D) If the Watershed Protection Occupancy Permit is denied, the Watershed Administrator shall notify the
applicant in writing stating the reasons for denial.
(E) No building or structure which has been erected, moved, or structurally altered may be occupied until the
Watershed Administrator has approved and issued a Watershed Protection Occupancy Permit.
ARTICLE 400: PUBLIC HEALTH REGULATIONS
Section 401. Public Health, in general.
No activity, situation, structure or land use shall be allowed within the watershed 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 improper management of stormwater runoff; or any other
situation found to pose a threat to water quality.
Section 402. Abatement.
(A) The Watershed Administrator shall monitor land use activities within the watershed areas to identify
situations that may pose a threat to water quality.
(B) The Watershed Administrator shall report all findings to the Watershed Review Board. The Watershed
Administrator may consult with any public agency or official and request recommendations.
(C) Where the Watershed Review 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.
ARTICLE 500: ADMINISTRATION, ENFORCEMENT AND APPEALS
Section 501. Watershed Administrator and Duties thereof.
Polk County shall appoint a Watershed Administrator, who shall be duly sworn in. It shall be the duty of the
Watershed Administrator to administer and enforce the provisions of this ordinance as follows:
Watershed Ordinance 10.6.2014 BOC approved
16

(A) The Watershed Administrator shall issue Watershed Protection Permits and Watershed Protection
Occupancy Permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public
inspection during regular office hours of the Administrator.
(B) The Watershed Administrator shall serve as clerk to the Watershed Review Board.
(C) The Watershed Administrator shall keep records of all amendments to the local Water Supply Watershed
Protection Ordinance and shall provide copies of all amendments upon adoption to the Water Quality Section of the
Division of Water Quality.
(D) The Watershed Administrator shall keep records of the jurisdiction's use of the provision that a maximum of
ten percent (10%) of the non -critical area of WS-II and WS-III watersheds and, for local governments that do not choose to
incorporate the high density option, ten percent (10%) of the protected area of WS-IV watersheds may be developed with
new development at a maximum of seventy percent (70%) built -upon surface area. Records for each watershed shall
include the total acres of non -critical watershed area, total acres eligible to be developed under this option, total acres
approved for this development option, and individual records for each project with the following information: location,
number of developed acres, type of land use and stormwater management plan (if applicablel.
(E) The Watershed Administrator is granted the authority to administer and enforce the provisions of this
Ordinance, exercising in the fulfillment of his responsibility the full police power of Polk County. The Watershed
Administrator, or his duly authorized representative, may enter any building, structure, or premises, as provided by law,
to perform any duty imposed upon him by this Ordinance.
(F) The Watershed Administrator shall keep a record of variances to the local Water Supply Watershed
Protection Ordinance. This record shall be submitted for each calendar year to the Water Quality Section of the Division
of Environmental Management on or before January 1st of the following year and shall provide a description of each
project receiving a variance and the reasons for granting the variance.
Section 502. Appeal from the Watershed Administrator.
Any order, requirement, decision or determination made by the Watershed Administrator may be appealed to
and decided by the Watershed Review Board.
An appeal from a decision of the Watershed Administrator must be submitted to the Watershed Review Board
within thirty (30) days from the date the order, interpretation, decision or determination is made. All appeals must be
made in writing stating the reasons for appeal. Following submission of an appeal, the Watershed Administrator shall
transmit to the Board all papers constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is
taken certifies to the Board after the notice of appeal has been filed with him, that by reason of facts stated in the
certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be
stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application of
notice of the officer from whom the appeal is taken and upon due cause shown.
The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties and shall decide
the same within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney.
Section 503. Changes and Amendments to the Watershed Protection Ordinance.
(A) Polk County Board of Commissioners may, on its own motion or on petition, after public notice and hearing,
amend, supplement, change or modify the watershed regulations and restrictions as described herein.
(B) No action shall be taken until the proposal has been submitted to the Watershed Review Board for review
and recommendations. If no recommendation has been received from the Watershed Review Board within forty-five (45)
days after submission of the proposal to the Chairman of the Watershed Review Board, the Polk County Board of
Commissioners may proceed as though a favorable report had been received.
Watershed Ordinance 10.6.2014 BOC approved
17

(C) Under no circumstances shall the Polk County Board of Commissioners adopt such amendments,
supplements or changes that would cause this ordinance to violate the watershed protection rules as adopted by the N.C.
Environmental Management Commission. All amendments must be filed with the N.C. Division of Water Quality, N.C.
Division of Environmental Health, and the N.C. Division of Community Assistance.
Section 504. Public Notice and Hearing Required.
Before adopting or amending this ordinance, the Polk County Board of Commissioners shall hold a public
hearing on the proposed changes. A notice of the public hearing shall be given once a week for two successive calendar
weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than
ten (10) nor more than twenty-five (25) days before the date for the hearing.
Section 505. Establishment of Watershed Review Board.
There shall be and hereby is created the Watershed Review Board consisting of the Polk
County Planning Board.
Section 506. Rules of Conduct for Members.
Members of the Board may be removed by the Polk County Board of Commissioners for cause, including
violation of the rules stated below:
(A) Faithful attendance at meetings of the Board and conscientious performance of the duties required of
members of the Board shall be considered a prerequisite to continuing membership on the Board.
(B) No Board member shall take part in the hearing, consideration, or determination of any case in which he is
personally or financially interested. A Board member shall have a "financial interest" in a case when a decision in the case
will: 1) cause him or his spouse to experience a direct financial benefit or loss, or 2) will cause a business in which he or
his spouse owns a 10 per cent or greater interest, or is involved in a decision -making role, to experience a direct financial
benefit or loss. A Board member shall have a "personal interest" in a case when it involves a member of his immediate
family (i.e., parent, spouse, or child).
(C) No Board member shall discuss any case with any parties thereto prior to the public hearing on that case;
provided, however, that members may receive and/or seek information pertaining to the case from the Watershed
Administrator or any other member of the Board, its secretary or clerk prior to the hearing.
(D) Members of the Board shall not express individual opinions on the proper judgement of any case prior to its
determination on that case.
(E) Members of the Board shall give notice to the chairman at least forty-eight (48) hours prior to the hearing of
any potential conflict of interest which he has in a particular case before the Board.
(F) No Board member shall vote on any matter that decides an application or appeal unless he had attended the
public hearing on that application or appeal.
Section 507. Powers and Duties of the Watershed Review Board.
(A) Administrative Review. The Watershed Review Board shall hear and decide appeals from any decision or
determination made by the Watershed Administrator in the enforcement of this ordinance.
(B) Variances. The Watershed Review Board shall have the power to authorize, in specific cases, minor
variances from the terms of this Ordinance as will not be contrary to the public interests where, owing to special
conditions, a literal enforcement of this Ordinance will result in practical difficulties or unnecessary hardship, so that the
spirit of this Ordinance shall be observed, public safety and welfare secured, and substantial justice done. In addition,
Polk County shall notify and allow a reasonable comment period for all other local governments having jurisdiction in
Watershed Ordinance 10.6.2014 BOC approved
18

the designated watershed where the variance is being considered.
(1) Applications for a variance shall be made on the proper form obtainable from the Watershed
Administrator and shall include the following information:
(a) A site plan, drawn to a scale of at least one (1) inch to forty (40) feet, indicating the property
lines of the parcel upon which the use is proposed; any existing or proposed structures; parking areas
and other built -upon areas; surface water drainage. The site plan shall be neatly drawn and indicate
north point, name and address of person who prepared the plan, date of the original drawing, and an
accurate record of any later revisions.
(b) A complete and detailed description of the proposed variance, together with any other
pertinent information which the applicant feels would be helpful to the Watershed Review Board in
considering the application.
(c) The Watershed Administrator shall notify in writing each local government having
jurisdiction in the watershed and the entity using the water supply for consumption. Such notice shall
include a description of the variance being requested. Local governments receiving notice of the variance
request may submit comments to the Watershed Administrator prior to a decision by the Watershed
Review Board. Such comments shall become a part of the record of proceedings of the Watershed
Review Board.
(2) Before the Watershed Review Board may grant a variance, it shall make the following three findings,
which shall be recorded in the permanent record of the case, and shall include the factual reasons on
which they are based:
(a) There are practical difficulties or unnecessary hardships in the way of carrying out the strict
letter of the Ordinance. In order to determine that there are practical difficulties or unnecessary
hardships, the Board must find that the five following conditions exist:
(1) If he complies with the provisions of the Ordinance, the applicant can secure no
reasonable return from, nor make reasonable use of, his property. Merely proving that the
variance would permit a greater profit to be made from the property will not be considered
adequate to justify the Board in granting a variance. Moreover, the Board shall consider whether
the variance is the minimum possible deviation from the terms of the Ordinance that will make
possible the reasonable use of his property.
(2) The hardship results from the application of the Ordinance to the property rather
than from other factors such as deed restrictions or other hardship.
(3) The hardship is due to the physical nature of the applicant's property, such as its size,
shape, or topography, which is different from that of neighboring property.
(4) The hardship is not the result of the actions of an applicant who knowingly or
unknowingly violates the Ordinance, or who purchases the property after the effective date of
the Ordinance, and then comes to the Board for relief.
(5) The hardship is peculiar to the applicant's property, rather than the result of
conditions that are widespread. If other properties are equally subject to the hardship created in
the restriction, then granting a variance would be a special privilege denied to others, and would
not promote equal justice.
(b) The variance is in harmony with the general purpose and intent of the Ordinance and
preserves its spirit.
(c) In the granting of the variance, the public safety and welfare have been assured and
substantial justice has been done. The Board shall not grant a variance if it finds that doing so would in
any respect impair the public health, safety, or general welfare.
Watershed Ordinance 10.6.2014 BOC approved
19

(3) In granting the variance, the Board may attach thereto such conditions regarding the location,
character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance
of the purpose of this ordinance. If a variance for the construction, alteration or use of property is granted, such
construction, alteration or use shall be in accordance with the approved site plan.
(4) The Watershed Review Board shall refuse to hear an appeal or an application for a variance
previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing
on the appeal or application.
(5) A variance issued in accordance with this Section shall be considered a Watershed Protection Permit
and shall expire if a Building Permit or Watershed Occupancy Permit for such use is not obtained by the
applicant within six (6) months from the date of the decision.
(6) If the application calls for the granting of a major variance, and if the Watershed Review Board
decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing with all
deliberate speed. The preliminary record of the hearing shall include:
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to evidence, and rulings on them;
(e) Proposed findings and exceptions;
(f) The proposed decision, including all conditions proposed to be added to the permit.
The preliminary record shall be sent to the Environmental Management Commission for its review as follows:
(a) If the Commission concludes from the preliminary record that the variance qualifies as a
major variance and that (1) the property owner can secure no reasonable return from, nor make any
practical use of the property unless the proposed variance is granted, and (2) the variance, if granted, will
not result in a serious threat to the water supply, then the Commission shall approve the variance as
proposed or approve the proposed variance with conditions and stipulations. The Commission shall
prepare a Commission decision and send it to the Watershed Review Board. If the Commission approves
the variance as proposed, the Board shall prepare a final decision granting the proposed variance. If the
Commission approves the variance with conditions and stipulations, the Board shall prepare a final
decision, including such conditions and stipulations, granting the proposed variance.
(b) If the Commission concludes from the preliminary record that the variance qualifies as a
major variance and that (1) the property owner can secure a reasonable return from or make a practical
use of the property without the variance or (2) the variance, if granted, will result in a serious threat to
the water supply, then the Commission shall deny approval of the variance as proposed. The
Commission shall prepare a Commission decision and send it to the Watershed Review Board. The
Board shall prepare a final decision denying the variance as proposed.
(C) Subdivision approval. See Article 200.
(D) Public Health. See Article 400.
(E) Approval of all development greater than the low density option.
Section 508. Appeals from the Watershed Review Board.
Appeals from the Watershed Review Board must be filed with the Superior Court within 30 days from the date of
the decision. Decisions by the Superior Court will be in the manner of certiorari.
Watershed Ordinance 10.6.2014 BOC approved
20

ARTICLE 600: DEFINITIONS
Section 601. General Definitions.
Agricultural Use. The use of waters for stock watering, irrigation, and other farm purposes. Best Management Practices
(BMP). A structural or nonstructural management -based practice used singularly or in combination to reduce nonpoint
source inputs to receiving waters in order to achieve water quality protection goals.
Buffer. 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.
Building. Any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure
of persons, animals or property. The connection of two buildings by means of an open porch, breezeway, passageway,
carport or other such open structure, with or without a roof, shall not be deemed to make them one building.
Built -upon area. Built -upon area means impervious surface and partially impervious surface to the extent that the
partially impervious surface does not allow water to infiltrate through the surface and into the subsoil. Built -upon area
does not include a slatted deck or the water area of a swimming pool.
Cluster Development. Cluster development means 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 and multi -family developments. For the purpose of this
ordinance, planned unit developments and mixed use development are considered as cluster development.
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.
Customary Home Occupations. Any use conducted entirely within a dwelling and carried on by the occupants thereof,
which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the
character thereof. Provided further that no mechanical equipment is installed or used except as is normally used for
domestic or professional purposes, and that not over twenty-five percent (25%) of the total floor space of any structure is
used for the occupation. No home occupation shall be conducted in any accessory building except for the storage and
service of a vehicle that is driven off site, such as a service repair truck, delivery truck, etc.
Development. Any land disturbing activity which adds to or changes the amount of impervious or partially impervious
cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
Dwelling Unit. A building, or portion thereof, providing complete and permanent living facilities for one family.
Existing Development. 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 project, or
Watershed Ordinance 10.6.2014 BOC approved
21

(2) having an outstanding valid building permit as authorized by the General Statutes (G.S. 153A-344.1), or
(3) having an approved site specific or phased development plan as authorized by the General Statutes (G.S.
153A-344.1).
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 the adoption of this ordinance, or a lot described by metes and bounds, the description of
which has been so recorded prior to the adoption of this ordinance.
Family. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or
marriage or adoption, no such family shall contain over five persons, but further provided that domestic servants
employed or living on the premises may be housed on the premises without being counted as a family or families.
Family Subdivision. Family subdivision means a division of a tract of land: (a) to convey the resulting parcels, with the
exception of parcels retained by the grantor, to a relative or relatives as a gift or for nominal consideration, but only if no
more than one parcel is conveyed by the grantor from the tract to any one relative; or (b) to divide land from a common
ancestor among tenants in common, all of whom inherited by intestacy or by will.
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.
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 ordinance this term does not include composting facilities.
Lot. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common
use, together with the customary accessories and open spaces belonging to the same.
Major Variance. A variance from the minimum statewide watershed protection rules -that results in any one or more of
the following:
(1) the relaxation, by a factor greater than ten (10) percent, of any management requirement under the low
density option;
(2) the relaxation, by a factor greater than five (5) percent, of any buffer, density or built -upon area
requirement under the high density option;
(3) any variation in the design, maintenance or operation requirements of a wet detention pond or other
approved stormwater management system.
Minor Variance. A variance from the minimum statewide watershed protection rules 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 a relaxation, by a factor of up to ten (10) percent, of any management requirement under the low density
option.
Nonconforming Lot of Record. A lot described by a plat or a deed that was recorded prior to the effective date of local
watershed protection regulations (or their amendments) that does not meet the minimum lot size or other development
requirements of the statewide watershed protection rules.
Non-residential Development. All development other than residential development, agriculture and silviculture.
Watershed Ordinance 10.6.2014 BOC approved
22

Plat. A map or plan of a parcel of land which is to be, or has been subdivided.
Protected Area. The area adjoining and upstream of the critical area of WS-IV watersheds. The boundaries of the
protected area are defined as within five miles of and draining to the normal pool elevation of the reservoir or to the
ridgeline of the watershed; or within 10 miles upstream and draining to the intake located directly in the stream or river
or to the ridgeline of the watershed.
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.
Residuals. Any solid or semi -solid waste generated from a wastewater treatment plant, water treatment plant or air
pollution control facility permitted under the authority of the Environmental Management Commission.
Single Family Residential. Any development where: 1) no building contains more that one dwelling unit, 2) every
dwelling unit is on a separate lot, and 3) where no lot contains more than one dwelling unit.
Street (Road). A right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
Structure. Anything constructed or erected, including but not limited to buildings, which requires location on the land or
attachment to something having permanent location on the land.
Subdivider. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as herein
defined.
Subdivision. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the
purpose of sale or building development (whether immediate or future) and shall include all division of land involving
the dedication of a new street or a change in existing streets; but the following shall not be included within this definition
nor be subject to the regulations authorized by this ordinance:
(1) The combination or recombination of portions of previously subdivided and recorded lots where the
total number of lots is not increased and the resultant lots are equal to or exceed the standards of this
ordinance;
(2) The division of land into parcels greater than 10 acres where no street right-of-way dedication is
involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of streets;
(4) The division of a tract in single ownership whose entire area is no greater than two acres into not more
than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal
to or exceed the standards of the this ordinance;
(5) The division of a tract into plots or lots used as a cemetery.
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 off spring or other adverse health effects.
Watershed Ordinance 10.6.2014 BOC approved
23

Variance. A permission to develop or use property granted by the Watershed Review Board relaxing or waiving a water
supply watershed management requirement adopted by the Environmental Management Commission that is
incorporated into this ordinance.
Water Dependent 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.
Watershed. The entire land area contributing surface drainage to a specific point (e.g. the water supply intake.)
Watershed Administrator. An official or designated person(s) of Polk County Community Development Department
responsible for administration and enforcement of this ordinance.
Section 602. Word Interpretation.
For the purpose of this ordinance, certain words shall be interpreted as follows:
Words in the present tense include the future tense.
Words used in the singular number include the plural, and words used in the plural number include the
singular, unless the natural construction of the wording indicates otherwise.
The word "person" includes a firm, association, corporation, trust, and company as well as an individual.
The word "structure" shall include the word "building."
The word "lot" shall include the words, "plot," "parcel," or "tract."
The word "shall" is always mandatory and not merely directory.
The word "will" is always mandatory and not merely directory.
Watershed Ordinance 10.6.2014 BOC approved
24