WSMU_GRAN_WSWP Ordinance_20200911

Watershed Protection
CHAPTER 151: WATERSHED PROTECTION
Section
151.01 Authority and enactment
151.02 Jurisdiction
151.03 Exceptions to applicability
151.04 Cluster or planned unit development
151.05 Buffer area required
151.06 Watershed Administrator and the duties thereof
151.07 Appeal from the Watershed Administrator
151.08 Establishment of the Watershed Review Board
151.09 Powers and duties of the Board of Adjustment
151.10 Appeals from the Board of Adjustment
151.11 Special intensity allocation (SIA)
151.12 Amendments
151.13 Effective date
151.99 Penalties
§ 151.01 AUTHORITY AND ENACTMENT.
(A) The Legislature of the State of North Carolina has, in Ch. 160A, Article 19, Planning
and Regulation of Development; and in Ch. 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.
(B) The Town of Granite Falls, North Carolina (hereafter "the town"), does hereby ordain

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and enact into law the following sections as the Watershed Protection Chapter of Granite Falls,
North Carolina.
(Ord. 151, passed 10-21-1996)
§ 151.02 JURISDICTION.
(A) The provisions of this chapter shall apply within the overlay zones designated as a
public water supply watershed as defined and established on the official zoning map of Granite
Falls, North Carolina (hereafter "the zoning map"), the overlay zones being adopted
simultaneously herewith.
(B) The watershed map and all explanatory matter contained thereon accompanies and is
hereby made a part of this chapter.
(C) This chapter shall be permanently kept on file in the office of the Town Clerk.
(Ord. 151, passed 10-21-1996)
§ 151.03 EXCEPTIONS TO APPLICABILITY.
Exceptions to the provisions of this chapter are as follows.
(A) Development activities. Development activities in the WS-IV watershed that do not
require a sedimentation/erosion control plan are exempt from the requirements of this chapter,
and are subject only to the minimal lot size, lot coverage, and dimensional requirements of the
zoning district in which they are located.
(B) Existing development. Existing development, as defined below, is not subject to the
requirements of this chapter.

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(1) 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 chapter based on at least 1 of the following criteria:
(a) Having expended substantial resources (time, labor, money) based on a good
faith reliance upon having received a valid local government approval to proceed with the
project;
(b) Having an outstanding valid building permit as authorized by G.S. § 160A385.1;
or
(c) Having an approved site specific or phased development plan as authorized by
G.S. § 160A-385.1.
(2) Expansions to structures classified as existing development must meet the
requirements of this chapter however, the built -upon area of the existing development is not
required to be included in the density calculations.
(3) Expansions to structures classified as existing development must meet the
requirements of this chapter; however the built upon area of the existing development is not
required to be included in the density calculations.
(C) Reconstruction of buildings or built upon areas. Any existing building or built -upon area
not in conformance with the restrictions of this chapter that has been damaged or removed may
be repaired and/or reconstructed, except that there are no restrictions on single family
residential development, provided:

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(1) Repair or reconstruction is initiated within 12 months and completed within 2 years
of the 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.
(D) Pre-existing vacant lot.
(1) A pre-existing vacant lot owned by an individual prior to the effective date of this
chapter, 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 chapter,
provided the property is zoned for this use.
(2) This exemption is not applicable to multiple contiguous lots under single ownership
unless the total impervious surface established on those lots does not exceed the built -upon
limits provided in Article VI.
(Ord. 151, passed 10-21-1996)
§ 151.04 CLUSTER OR PLANNED UNIT DEVELOPMENT.
Cluster or planned unit development is allowed in all watershed areas under the following
conditions:
(A) Minimum lot sizes are not applicable to residential cluster or planned unit development
projects; however, the total number of lots or dwelling units shall not exceed the number of lots
or dwelling units allowed for residential developments in Article VI.
(B) Built upon area or stormwater control requirements of the project shall not exceed that
allowed in § 152.009.

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(C) All built upon areas shall be designed and located to minimize stormwater runoff impact
to the receiving waters and minimize concentrated stormwater flow.
(D) The remainder of the tract shall remain in a vegetated or natural state.
(E) 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.
(F) Where a property association is not incorporated, a maintenance agreement shall be
filed with the deeds.
(Ord. 151, passed 10-21-1996)
§ 151.05 BUFFER AREA REQUIRED.
(A) A minimum 100 foot vegetative buffer is required for all new development activities that
exceed the low density option; otherwise, a minimum 30 foot vegetative buffer for development
activities is required along all perennial waters indicated in the most recent versions of USGS
1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies.
(B) Artificial streambank or shoreline stabilization is permitted.
(C) 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. Public projects such as road crossings, greenways and their
appurtenances are allowed where no practical alternative exists.
(1) These activities should minimize built -upon surface area, direct runoff away from the
surface waters and maximize the utilization of stormwater best management practices.

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(2) For the purpose of this code, the following definition shall apply unless the context
clearly indicates or requires a different meaning.
BEST MANAGEMENT PRACTICES. A structural or nonstructural
management -based practice used singularly or in combination to reduce nonpoint source inputs
receiving waters in order to achieve water quality goals.
(Ord. 151, passed 10-21-1996)
§ 151.06 WATERSHED ADMINISTRATOR AND THE DUTIES THEREOF.
(A) The Town of Granite Falls shall appoint a Watershed Administrator.
(B) It shall be the duty of the Watershed Administrator to administer and enforce the
provisions of this chapter as follows:
(1) The Watershed Administrator shall issue watershed protection permits as prescribed
herein.
(2) A record of all permits shall be kept on file and shall be available for public
inspection during regular office hours of the Administrator.
(3) The Watershed Administrator shall serve as staff to the Watershed Review Board.
(4) The Watershed Administrator shall keep records of all amendments to the local
water supply watershed protection chapter and shall provide copies of all amendments upon
adoption to the Water Quality Section, of the Division of Environmental Management.
(5) The Watershed Administrator is granted the authority to administer and enforce the
provisions of this chapter, exercising in the fulfillment of his or her responsibility the full zoning
and police power of the Town of Granite Falls.

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(6) The Watershed Administrator, or his or her duly authorized representative, may
enter any building, structure, or premises, as provided by law, to perform any duty imposed upon
him or her by this chapter.
(7) The Watershed Administrator shall keep a record of variances to the local water
supply watershed protection chapter.
(H) This record shall be submitted to the Water Quality Section of the Division of
Environmental Management on or before January 1 of the following calendar year and shall
provide a description of each project receiving a variance and the reasons for granting the
variance.
(1) The Watershed Administrator shall keep record of the jurisdictions's use of the provision
that a maximum of 10% of the non -critical area of the watersheds and, for local governments
that do not choose to incorporate the high density option, 10% of the protected area of WS-IV
watersheds may be developed with new development at a maximum of 70% built -upon surface
area.
(J) 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:
(1) Location;
(2) Number of developed acres;
(3) Type of land use; and
(4) Stormwater management plan (if applicable).
(Ord. 151, passed 10-21-1996)

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§ 151.07 APPEALS FROM THE WATERSHED ADMINISTRATOR.
(A) Any order, requirement, decision or determination made by the Watershed Administrator
may be appealed to and decided by the Board of Adjustment.
(B) An appeal from a decision of the Watershed Administrator must be submitted to the
Board of Adjustment within 30 days from the date the order, interpretation, decision or
determination is made.
(C) All appeals must be made in writing stating the reasons for appeal.
(D) 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.
(E) 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 or her, that by reason of facts stated in the certificate, a stay would in his or her
opinion cause imminent peril to life or property.
(F) In that 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.
(G) 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.
(Ord. 151, passed 10-21-1996)
§ 151.08 ESTABLISHMENT OF THE WATERSHED REVIEW BOARD.

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(A) There shall be and hereby is created the Watershed Review Board consisting of the
same membership as the Granite Falls Town Council.
(B) Terms for members of the Watershed Review Board shall coincide with the membership
terms for Town Council.
(Ord. 151, passed 10-21-1996)
§ 151.09 POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT.
(A) The Board of Adjustment shall be responsible for reviewing and hearing all major and
minor variance cases, and shall follow the standards procedures of this chapter for variance
applications.
(B) If the application calls for the granting of a major variance, and if the Board decides in
favor or 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:
(1) The variance applications;
(2) The hearing notices;
(3) The evidence presented;
(4) Motions, offers of proof, objections to evidence, and rulings on them;

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(5) Proposed findings and exceptions; and
(6) The proposed decision, including all conditions proposed to be added to the
permit.
(C) The preliminary record shall be sent to the Environmental Management
Commission for its review as follows:
(1) If the Commission concludes from the preliminary record that the variance
qualifies as a major variance and that the property owner can secure no reasonable return
from, nor make any practical use of the property unless the proposed variance is granted,
and 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.
(2) The Commission shall prepare a Commission decision and send it to the
Board of Adjustment.
(3) If the Commission approves the variance as proposed, the Board shall
prepare a final decision granting the proposed variance.
(4) If the Commission approves the variance with conditions and stipulations, the
Board shall prepare a final decision, including the conditions and stipulations, granting the
proposed variance.
(5) If the Commission concludes from the preliminary record that the variance
qualifies as a major variance and that the property owner can secure a reasonable return
from or make a practical use of the property without the variance or 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.

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(D) The Commission shall prepare a Commission decision and send it to the Board of
Adjustment.
(E) The Board shall prepare a final decision denying the variance as proposed.
(F) Written notification shall be given to local governments having jurisdiction and any
entity using the water supply for consumption where a variance is being considered.
(G) The local government and entity shall have a reasonable comment period prior to
review by the Board of Adjustment.
(H) Approval of all development greater than the low density option shall be the
authority of the Watershed Review Board.
(Ord. 151, passed 10-21-1996)
§ 151.10 APPEALS FROM THE BOARD OF ADJUSTMENT.
(A) Appeals from the Board of Adjustment must be filed with the Superior Court within
30 days from the date of the decision.
(B) The decisions by the Superior Court will be in the manner of certiorari.
(Ord. 151, passed 10-21-1996)
§ 151.11 SPECIAL INTENSITY ALLOCATION (SIA).
(A) New development and expansions to existing development may occupy up to 10%
of the protected area with up to 70% built -upon area on a project by project basis, when
approved as a special intensity allocation (SIA).

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(B) The Watershed Administrator is authorized to approve SIAs consistent with the
provisions of this chapter.
(C) 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.
(D) 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.
(Ord. 151, passed 10-21-1996)
§ 151.12 AMENDMENTS.
(A) Amendments to the watershed protection portions of this chapter shall follow the
procedures provided this chapter.
(B) Under no circumstances shall the Town Council adopt amendments that would
cause this chapter to violate the watershed protection rules as adopted by the North
Carolina Environmental Management Commission.
(C) Amendments affecting the watershed protection portions of this chapter shall be
filed with the North Carolina Division of Environmental Management, the North Carolina
Division of Environmental Health, and the North Carolina Division of Community
Assistance.
(Ord. 151, passed 10-21-1996)

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§ 151.13 EFFECTIVE DATE.
(A) This chapter shall take effect and be in force on 10-1-1993.
(B) Amendments shall take effect and be in force on 10-21-1996.
(Ord. 151, passed 10-21-1996)
§ 151.99 PENALTIES.
(A) If any subdivision, development and/or land use is found to be in violation of this
chapter, the town may, in addition to all other remedies available either in law or in equity
institute a civil penalty in the amount of $50, institute actions or proceedings to restrain,
correct, or abate the violations; to prevent occupancy of the building, structure, or land; or
to prevent any illegal act, conduct, business, or use in or about the premises.
(B) In addition, the North Carolina Environmental Management Commission may
assess civil penalties in accordance with G.S. Chapter 143, § 215.6(a).
(C) Each day that the violation continues shall constitute a separate offense.
(D) If the Watershed Administrator finds that any of the provisions of this chapter are
being violated, he or she shall notify in writing the person responsible for the violation,
indicating the nature of the violation, and ordering the action necessary to correct it.
(1) He or she 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 chapter to ensure compliance with or to prevent violation of its

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provisions.
(2) If a ruling of the Watershed Administrator is questioned, the aggrieved party
or parties may appeal the ruling to the Watershed Review Board.
(E) In addition to the remedies described above and consistent with G.S. § 160A-175,
the Granite Falls Town Council may seek enforcement of this chapter by assessing a civil
penalty to be recovered by the town in a civil action in the nature of debt if the offender
does not pay the penalty in a prescribed period of time after being cited for violation of the
chapter.
(F) The violation may be enforced by an appropriate equitable remedy issuing from a
court of competent jurisdiction.
(1) The court may issue an injunction and order of abatement commanding the
defendant to correct the unlawful condition upon or cease the unlawful use of the property.
(2) The action shall be governed in all respects by the laws and rules governing
civil proceedings, including the rules of civil procedure in general and Rule 65 in particular.
(3) If the defendant fails or refuses to comply with an injunction or with an order
of abatement within the time allowed by the court, the defendant may be cited for
contempt and the town may execute the order of abatement.
(4) The town shall have a lien on the property for the cost of executing an order
of abatement in the nature of a mechanic's and materialperson's lien.
(5) The defendant may secure cancellation of an order of abatement by paying all
costs of the proceedings and posting a bond for compliance with the order.
(6) The bond shall be given with sureties approved by the Clerk of Superior Court

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in an amount approved by the judge before whom the matter is heard and shall be
conditioned on the defendant's full compliance with the terms of the order of abatement
within a time fixed by the judge.
(7) Cancellation of an order of abatement shall not suspend or cancel an
injunction issued in conjunction therewith.
(8) Enforcement of this chapter may be by any 1, all or a combination of the
remedies authorized in this chapter.
(9) Each day's continuing violation shall be a separate and distinct offense.
(Ord. 151, passed 10-21-1996)