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HomeMy WebLinkAboutWSCO_GRAN_WSWP Ordinance_20210107DIVISION 3. - WATER SUPPLY WATERSHEDS Sec. 32-351. -Intent. The purpose of this division is to promote the health, safety, and welfare of the citizens of the county and to protect the quality of water in water supply reservoirs by implementing water supply watershed protection standards. (Ord. of 7-12-1999, § 05.210) Sec. 32-352. -Applicability. The provisions of this division shall apply within the areas that were designated as a public water supply watershed by the state environmental management commission. These areas shall be defined and established on a map entitled "Granville County Zoning Map Atlas." (Ord. of 7-12-1999, § 05.211) Sec. 32-353. -Establishment of watershed areas. The county has designated the watershed areas indicated in this section. The critical areas (CA) are those areas normally within one-half mile of each drinking water intake. The general watershed areas (GW) are additional areas —generally, all other areas in the watershed outside that one -half -mile critical area. (1) WS-II critical areas (INS -II -CA) are Lake RogerslLedge Creek, Lake Butner/Knapp of Reed's Creek, and Lake Devin/Hatcher's Run. (2) WS-ll general watershed areas (INS -II -GIN) are Lake Rogers/Ledge Creek, Lake Butner/Knapp of Reed's Creek, and Lake Devin/Hatcher's Run. (3) WS-ll/ general watershed areas (WS-III-GW) are Lake Michie/Flat River. (4) INS -IV critical areas (WS-IV-CA) are Oxford Pipe/Tar River and Falls Lake/Neuse River. (5) WS-IV general watershed areas (WS-IV-GIB are Oxford Pipe/Tar River and Falls Lake/Neuse River. (Ord. of 7-12-1999, § 05.212) State Law reference— Authority to establish county service districts, G.S. 153A-300 et seq.; authority to create watershed improvement programs, G.S. 153A-440.1. Sec. 32-354. -Uses. (a) Prohibited uses. Waste facilities, disposal, recycling or storage uses shall be prohibited within the watersheds, except in the WS-IV general watershed area, where they may be permitted by special use permit. (b) Permitted uses. All uses permitted in the zoning district may be permitted subject to the standards of this section. (Ord. of 7-12-1999, § 05.220) Sec. 32-355. - Agriculture, silviculture and transportation facilities. The following standards shall govern the following uses when they are located in a public water supply watershed: (1) Agriculture. The Granville Soil and Water Conservation District office shall be the designated management and enforcement agency responsible for implementing the agricultural activity rules described in the state's watershed protection rules, chapter 143, article 21. Agricultural activities shall be subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation, and Trade Act of 1990 (PL 101-624) and the rules and regulations of the soil and water conservation commission. (2) Silviculture (forestry). The county forest service office of the state division of forest resources shall be the designated management and enforcement agency responsible for implementing the silviculture rules described in the state's watershed protection rules, chapter 143, article 21. Silviculture activities shall be subject to the provisions of the forest practices guidelines related to water quality. (3) Transportation facilities. The construction of new roads and bridges should minimize built -upon area, divert stormwater away from surface water supply waters as much as possible, and employ best management practices to minimize water quality impacts. The construction of new roads in a critical area should be avoided, if possible. The county shall act in such a way as to attain these goals when private roads and bridges are involved. The state department of transportation shall employ best management practices as outlined in their document, "Best Management Practices for the Protection of Surface Waters," when involved in road, bridge and other construction. (Ord. of 7-12-1999, § 05.221) Cross reference— Animals, ch. 11. Sec. 32-356. -Development standards. All development shall be governed by lot size, density or built -upon area standards as set forth in the following table 05.230: TABLE 05.230 DEVELOPMENT STANDARDS FOR WATERSHED PROTECTION AREAS District z Use tBuilt- Lot I (Density � Upon Size Area WS-II Critical Area ! Single -Family `:8Q000 Single -Family Cluster �0.50 All Other Residential 6% Nonresidential l 6% WS-II General Watershed Area i Single -Family 40,000 j I Single -Family Cluster 1.00 i fAII Other Residential 12% Nonresidential ! 12% I WS-III General Watershed Area Single -Family 20,000 4 Single -Family Cluster f 12.00 1 EAll Other Residential 24% Nonresidential WS-IV Critical Area Single -Family E20,000 i f Apply to new development activities that require an Single -Family Cluster j 2,00 erosion/sedimentation E I I � All Other Residential 124% Nonresidential k 24% WS-IV General Watershed Area Single -Family with curbs ! 20,000� I. Single -Family without curbs i 14,000 j i Apply to new development + ( f activities that require an (Single -Family Cluster with curbs �2.00 i erosion/sedimentation control plan j under state law Single -Family Cluster with out curbs � i3 00 f 24% (Single -Family Cluster with curbs in Falls c watershed if stormwater control i 3.00 complies with nutrient loading standards section 32-406 and volume runoff standards (section 32-408) I �— I Other Residential with curbs 24% Other Residential without curbs 36% Nonresidential with curbs 24% Nonresidential without curbs 36% Any existing development as of January 1, 1993, may be continued and maintained subject to the provisions provided in this article. Expansions to occupied lots or existing structures classified as existing development must meet the requirements of this article based on the remaining pervious built -upon area of the lot. Existing impervious built -upon development area as of January 1, 1993, shall not be included in the built -upon requirements of table 05.230, (Ord, of7-12-1999, § 05.230; Ord. of4-3-2000, §§ 1, 2; Amend. oft-1-2010, § 1; Amend. of5- 16-20160) , § 1) Sec. 32-357. - Stormwater. All development within water supply watersheds shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow. Plans to achieve these goals shall be included in the application and will be considered as part of the final approval, as amended. Designs to limit runoff impact should include: (1) The creation of grass swells (berms) between built -upon areas and receiving areas; (2) The placement of vegetative buffers, rock -check dams, and other controls between the built - upon areas and stormwater receiving areas; (3) The directing of land disturbing activities and development away from environmentally sensitive areas such as 100-year floodplains, wetlands, low-lying areas, etc.; (4) Maximum preservation of natural areas of forest or meadow as open space, as opposed to manicureA landscaped areas. Where the development has an incorporated property owners' association, the title of the open space area shall be common open space owned and managed by the property owners' association. Where a property owners' association is not present, the individual landowners shall be responsible for preserving the open space. All open space, whether in common or individual ownership, shall be preserved by placing a conservation easement in favor of the county on the open space. All subdivision plats, site plans and other documents shall detail the exact location and boundaries of the open space and nondisturbed area. (Ord. of 7424999, § 05.231) Sec. 32-358. -Shoreline buffer. Within water supply watersheds, a shoreline buffer shall be required for all development activities; a minimum 50-foot vegetative buffer shall be required along all perennial or intermittent surface waters such as intermittent streams, perennial streams, lakes and ponds, with 30 feet of the buffer remaining in a natural undisturbed vegetative state along the perennial or intermittent surface waters. For SIBDA projects (see section 32-359), a minimum 100-foot vegetative buffer shall be required along all perennial surface waters. Any buffer required along all perennial and intermittent surface waters shall be determined using the most recent version of a USGS 1:24,000 (7.5 minute) scale topographic map. The following standards shall be followed: (1) Desirable artificial stream bank or shoreline stabilization is permitted subject to approval by the land development administrator. (2) No new development shall be allowed within the buffer areas except for water dependent structures, flagpoles, signs, lighting, and public projects such as road crossings and greenways where no practical alternative exists. These activities should be designed to minimize built -upon area, to direct run-off away from surface waters, and to maximize the utilization of stormwater best management practices. (3) These buffer areas may be considered part of the entire project acreage and may be included in the density calculations and/or considered non -built -upon area for the purposes of this article. (Ord. of 7-12-1999, § 05.232; Amend. of 2-1-2010, § 2) Sec. 32-359. -Special intensity bonus. (a) The county may allocate a special intensity bonus up to ten percent of the land in each WS-11-GW, WS-III-GW and WS-IV-GW watershed area. Such bonus area may be developed as nonresidential uses only. In the development receiving the special intensity bonus, the built -upon area is permitted to be increased to 70 percent of the site. Applications for this special intensity bonus development allocation (SIBDA) must be submitted and approved by the board of county commissioners to develop under these built -upon provisions. An allocation in either the Upper or lower Falls Watershed Overlay Zoning Districts may only be granted if the project will achieve 85 percent total suspended solids removal and complies with all provisions of the Falls Watershed Stormwater Ordinance for New Development (article V, division 5 of this chapter). (b) To determine the total land area necessary to accommodate both the built -upon area and the associated open space for a development project, the estimated project size (total current and future impervious surfaces anticipated) should be multiplied by the following factors: WS-11-CA acres (6% of site) x 16,667 = total site area WS-II-GW acres (12% of site) x 8.333 =total site area WS-III-GW (acres (24% of site) x 4.167 =total site area acres (24% of site) x 4.167 =total site area WS-IV-CA and WS-IV-GW acres (36% of site) x 2.778 =total site area Bonus development !acres 170% of site) x 1.428 =total site area (c) No parcel shall be shaped in such a way that all the built -upon area is separated from the landscaped area unless the landscaped area is between any perennial water body or intermittent watercourse and the built -upon area. (d) The special intensity bonus shall be granted only when the finding is made that the site plan submitted proposes all best management practices for the retention of stormwater and the cleaning of it prior to discharge to watercourses, and also all required landscaped or natural undisturbed buffers are so arranged to provide the best buffer location for water bodies to protect water quality. (Ord. of 7-12-1999, § 05I Ord. of 4-3-2000, § 3; Amend. of 6-4-20121Amend.. of 7=5- 20160) , § 1) Sec. 32-360. -Public health. All structures shall meet the following standards designed to eliminate threats to water quality and the public health, safety and welfare: (1) All uses relying on on -site sewer systems which utilize ground absorption shall meet county standards. (2) Sedimentation and erosion control measures shall be required. (3) All development shall be required to provide for the management of stormwater runoff. (Ord. of 7-12-1999, § 05.250) Secs. 32-361-32-380. -Reserved.