WSCO_HALI_WSWP Ordinance_20210114

12/31/2020
Chapter 66 - WATERSHED PROTECTION
Halifax County, NC Code of Ordinances
ARTICLE I. - IN GENERAL
Sec. 66-1. -Authority and enactment.
The state legislature has, in G.S. chapter 153A, article 6, section 121, General Ordinance Authority; in G.S.
chapter 153A, article 18. Planning and Regulation of Development; and in G.S. 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 does hereby ordain and enact into law the following articles as the "Watershed Protection Ordinance
of Halifax County," set out herein as Chapter 66 of the Code of Ordinances of Halifax County.
(Ord. of 11-1-93, § 101)
Sec. 66-2. -jurisdiction.
The provisions of this chapter shall apply within the areas designated as a public water supply watershed
by the state environmental management commission and shall be defined and established on the map
entitled, "Watershed Protection Map of Halifax County, North Carolina," which is adopted simultaneously
herewith. The watershed map and all explanatory matter contained there accompanies and is hereby made
a part of this chapter. The ordinance codified as this chapter of the Code shall be permanently kept on file in
the office of the county clerk.
(Ord. of 11-1-93, § 102)
Sec. 66-3. - Definitions.
Agricultural use means the use of waters for stock watering, irrigation, and other farm purposes.
Animal unit means a unit of measurement developed by the U.S. Environmental Protection Agency that is
used to compare different types of animal operations.
Best management practices (BMP) means 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.
Buffermeans an area of natural or planted vegetation through which storm water 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 base of the bank of each side of streams or rivers.
1 /23

12/31 /2020
Halifax County, NC Code of Ordinances
Building means 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 areas" shall include that portion of a development project that is covered by
impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities
(e.g. tennis courts), etc. (Note: wooden slatted decks and the water area of a swimming pool are considered
pervious.)
Cluster development means the grouping of buildings in order to conserve land resources and provide
for innovation in the design of the project. This term includes nonresidential development as well as single-
family residential subdivisions and multifamily developments that do not involve the subdivision of land.
Composting facility means a facility in which only stumps, limbs, leaves, grass and untreated wood
collected from land clearing or landscaping operations is deposited.
Critical area means 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). Since WS-1 watersheds are essentially undeveloped, establishment of a critical area is not required.
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 means 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 25
percent 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 means 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.
Discharging landfill means a landfill which discharges treated leachate and which requires a National
Pollution Discharge Elimination System (NPDES) permit.
Dwelling unit means a building, or portion thereof, providing complete and permanent living facilities for
one family.
2/23

12131 /2020
Halifax County, NC Code of Ordinances
Existing development means those projects that are built or those projects that at a minimum have
established a vested right understate zoning law as of January 1, 1994, 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
(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) means 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 chapter, or a lot described by metes and
bounds, the description of which has been so recorded prior to the adoption of this chapter.
Familymeans 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.
Industrial development means any nonresidential 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 means a facility for the disposal of solid waste on land in a sanitary manner in accordance with
G.S. chapter 130A, article 9. For the purpose of this chapter, this term does not include composting facilities.
Lot means 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 means a variance that results in any of the following:
(1) The relaxation, by a factor of more than 15 percent of any management requirement except
density and built -upon area requirements;
(2) The relaxation of any density or built -upon area management requirements.
Minor variance means a variance from the minimum statewide watershed protection rules that results in
a relaxation, by a factor of up to ten percent, of any management requirement under the low density
option.
Nonconforming lot of record means a lot described by a plat or deed that was recorded prior to the
effective date of this chapter (or its amendments) that does not meet the minimum lot size or other
development requirements of this chapter.
3/23

12/31 /2020
Halifax County, NC Code of Ordinances
Nonresidential development means all development other than residential development, agriculture and
silviculture.
Plat means a map or plan of a parcel of land which is to be or has been subdivided.
Protected area means the area adjoining and upstream of the critical area of WS-IV watershed. 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 ten miles upstream and draining to
the intake located directly in the stream or river or to the ridgeline of the watershed.
Residential development means 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.
Single family residential means any development where:
(1) No building contains more than 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) means a right-of-way for vehicular traffic which affords the principal means of access to
abutting properties.
Structure means 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.
Subdividermeans any person, firm or corporation who subdivides or develops any land deemed to be a
subdivision as herein defined.
Subdivision means 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 chapter:
(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 chapter;
(2) The division of land into parcels greater than ten 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 not 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 this chapter;
4/23

12/31/2020 Halifax County, NC Code of Ordinances
(5) The division of a tract into plots of lots used as a cemetery.
Toxic substance means any substance or combination of substances (including disease causing agents),
which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either
directly from the environment or indirectly by ingestion through food chains, has the potential to cause
death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including
malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their
offspring or other adverse health effects.
Variance means 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 chapter.
Water dependent structure means 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 means the entire land area contributing surface drainage to a specific point (e.g. the water
supply intake).
Watershed administrator means an official or designated person of the county responsible for
administration and enforcement of this chapter.
(Ord. of 11-1-93, § 601; Ord. of 5-5-97(2), § 1; Ord. of 5-5-97(3), § 1; Ord. of 5-5-97(4), § 1; Ord. of 5-5-97(5), §
1; Ord. of 5-5-97(6), § 1; Ord. of 5-5-97(7), § 1; Ord. of 5-5-97(8), § 1)
Sec. 66-4. - Word interpretation.
For the purpose of this chapter, certain words shall be interpreted as follows:
(1) Words in the present tense include the future tense.
(2) 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.
(3) The word "person" includes a firm, association, corporation, trust, and company as well as an
individual.
(4) The word "structure" shall include the word "building."
(5) The word "lot" shall include the words "plot," "parcel," or "tract."
(6) The word "shall" is always mandatory and not merely directory.
(7) The word "will" is always mandatory and not merely directory.
(Ord. of 11-1-93, § 602)
5/23

12/31/2020 Halifax County, NC Code of Ordinances
Sec. 66-5. - Exceptions to applicability.
(a) Nothing contained herein shall repeal, modify, or amend any federal or state law or regulation, or
any ordinance or regulation pertaining thereto except any ordinance which these regulations
specifically replace; nor shall any provision of this chapter amend, modify, or restrict any
provisions of this Code; however, the adoption of this chapter shall and does amend any and all
ordinances, resolutions, and regulations in effect in the county at the time of the adoption of this
chapter that may be construed to impair or reduce the effectiveness of this chapter 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 chapter, is not subject to the requirements of this
chapter. 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.
(d) A pre-existing lot owned by an individual prior to January 1, 1994, 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.
(e) 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 chapter if it is
developed for single family residential purposes.
(Ord. of 11-1-93, § 104; Ord. of 5-5-97(9), § 1)
Sec. 66-6. - Criminal penalties.
Any person violating any provisions of this chapter shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with G.S. 14-4. The maximum fine for each offense shall not
exceed $500.00. Each day that the violation continues shall constitute a separate offense.
(Ord. of 11-1-93, § 105)
Sec. 66-7. - Remedies.
(a) If any subdivision, development and/or land use is found to be in violation of this chapter, the
board of commissioners may, in addition to all other remedies available either in law or in equity,
institute a civil penalty in the amount of $50.00, action or proceedings to restrain, correct, or
abate the violation; to prevent occupancy of the building, structure, or land; or to prevent any
6/23

12/31/2020 Halifax County, NC Code of Ordinances
illegal act, conduct, business, or use in or about the premises. In addition, the state
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 chapter 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 of 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 provisions. If a ruling of the watershed administrator is questioned, the aggrieved
parry or parties may appeal such ruling to the watershed review board.
(Ord. of 11-1-93, § 106)
Sec. 66-8. - Effective date.
This chapter shall take effect and be in force on January 1, 1994.
(Ord. of 11-1-93, § 108)
Secs. 66-9-66-30. - Reserved.
ARTICLE II. -SUBDIVISION REGULATIONS
Footnotes:
--- (1) --
State Law reference— Similar provisions, G.S. chapter 153A, article 18, part 2.
Sec. 66-31. - 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 the 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 the county after January 1, 1994, shall require a
plat to be prepared, approved and recorded pursuant to this chapter.
7/23

12/31/2020 Halifax County, NC Code of Ordinances
(Ord. of 11-1-93, § 201)
Sec. 66-32. - 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 the provisions of this chapter
and may be recorded provided the watershed administrator initials the vicinity map. In addition,
subdivisions within a WS-IV protected area watershed are subject to the provisions of this chapter
only when an erosion and sedimentation plan is required under the provisions of state law 15A
NCAC Chapter 4. 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 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 submit
recommendations to the watershed review board for further review and final action. The
watershed review board shall either approve, approve conditionally or disapprove each
application by a majority vote of the members present and voting. First consideration of the
application shall be at the next regularly scheduled meeting of the board after the application is
submitted. The board shall take final action within 45 days of its first consideration. 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 the board's action within the prescribed time limit. Such 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 review board approves the application, such approval shall be indicated on both
copies of the plat by the following certificate and signed by the chairman or other authorized
member of the board:
Certificate of Approval for Recording
8/23

12/31/2020 Halifax County, NC Code of Ordinances
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
Chairman, Watershed Review Board
NOTICE.• This property is located within a Public Water Supply Watershed —development
restrictions may apply.
(e) If the watershed review board disapproves or approves conditionally the application, the reasons
for such action shall be submitted in writing to 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 subdivider shall provide the watershed administrator with evidence the plat has been
recorded with the register of deeds within five working days of its being recorded.
(Ord. of 11-1-93, § 202; Ord. of 5-5-97(10), § 1)
Sec. 66-33. - Subdivision standards and required improvements.
(a) All lots shall provide adequate building space in accordance with the development standards
contained in article III. Lots which are smaller than the minimum required for residential lots shall
be identified on the plat as, "NOT FOR RESIDENTIAL PURPOSES."
(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. When the total project area involves the
development of public streets, the built -upon area in those new streets is included in the
calculation of the built -upon area for the project. As a result, the allowable built -upon area for the
remaining lot or lots shall be adjusted to account for the built -upon area of the street. Any final
subdivision plat, zoning permit and conditional use permit for the project shall indicate the
maximum permitted square feet of built -upon area for each parcel.
(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 storm water 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 state division of land quality.
(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 so as to minimize their impact on water quality.
9/23

12/31/2020 Halifax County, NC Code of Ordinances
(Ord. of 11-1-93, § 203)
Sec. 66-34. - Construction procedures.
(a) No construction or installation of improvements shall commence in a proposed subdivision until
a subdivision plat has been approved by the watershed review board.
(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 chapter until all requirements of this chapter 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.
(Ord. of 11-1-93, § 204)
Sec. 66-35. - 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 the
county, thereafter subdivides his land in violation of this chapter 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 chapter and recorded in the office of the register of deeds, shall be guilty of a
misdemeanor. The description of 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. The 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 chapter.
(Ord. of 11-1-93, § 205)
Secs. 66-36-66-50. - Reserved.
ARTICLE III. - DEVELOPMENT REGULATIONS
Sec. 66-51. - Establishment of watershed areas.
(a) The purpose of this article is to list and describe the watershed areas herein adopted.
(b) For purposes of this chapter, the county is hereby divided into the following areas, as
appropriate:
WS-IV-CA (Critical Area)
WS-IV-PA (Protected Area)
(Ord. of 11-1-93, § 301)
10/23

12/31/2020 Halifax County, NC Code of Ordinances
Sec. 66-52. - Watershed areas described.
(a) WS-IV Watershed Areas—CriticalArea (VMS-W--CA). Only new development activities that require an
erosion/sedimentation control plan under state law 15A NCAC Chapter 4 are required to meet
the provisions of this chapter when located in the WS-IV watershed. In order to address a
moderate to high land use intensity pattern, single family residential uses are allowed at a
minimum of 20,000 square feet per dwelling unit. All other residential and nonresidential
development shall be allowed 24 percent built -upon area. New residual 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. Agricultural activities conducted after
January 1, 1993, shall maintain a minimum 10-foot vegetative buffer, or equivalent control
as determined by the Soil and Water Conservation Commission, 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. Animal operations greater than 100
animal units shall employ best management practices by July 1, 1994, recommended by
the soil and water conservation commission.
b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water
Quality(15 NCAC 11.6101-.0209).
c. Residential.
d. Nonresidential 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 be a minimum of 20,000 square feet on a
project by project basis. No residential lot shall be less than 20,000 square feet, except
within an approved cluster development.
b. All Other Residential and Nonresidential —Development shall not exceed 24 percent 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. When the total project areas involves the development of public streets, the
built -upon area in those new streets is included in the calculation of the built -upon area
for the project. As a result, the allowable, built -upon area for the remaining lot or lots
shall be adjusted to account for the built -upon area of the street. Any final subdivision
plat, zoning permit and conditional use permit for the project shall indicate the maximum
permitted square feet of built -upon area for each parcel.
(b) W54V Watershed Areas —Protected Area (WS-IV--PA). Only new development activities that require
11/23

12/31/2020 Halifax County, NC Code of Ordinances
an erosion/sedimentation control plan under state law 15A NCAC Chapter 4 are required to meet
the provisions of this chapter when located in a WS-IV watershed. In order to address a moderate
to high land use intensity pattern, single family residential uses shall be developed at a minimum
20,000 square feet per dwelling unit. All other residential and nonresidential development shall
be allowed at a maximum of 24 percent built -upon area. A maximum of three dwelling units per
acre or 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 11.6101-.0209).
c. Residential development.
d. Nonresidential development, excluding the storage of toxic and hazardous materials
unless a spill containment plan is implemented.
(2) Density and built -upon limits.
a. Single Family Residential —Development shall be developed at a minimum of 20,000
square feet per dwelling unit, as defined on a project by project basis. No residential lot
shall be less than 20,000 square feet for projects with curb and gutter, or one-third acre
for projects without a curb and gutter system, except within an approved cluster
development.
b. All Other Residential and Nonresidential —Development shall not exceed 24 percent built -
upon area on a project by project basis. For projects without a curb and gutter street
system, development shall not exceed 36 percent built -upon area on a project by project
basis. For the purpose of calculating built -upon area, total project area shall include
acreage in the tract on which the project is to be developed. When the total project area
involves the development of public streets, the built -upon area in those new streets is
included in the calculation of the built -upon area for the project. As a result, the allowable
built -upon area for the remaining lot or lots shall be adjusted to account for the built -
upon area of the street. Any final subdivision plat, zoning permit and conditional use
permit for the project shall indicate the maximum permitted square feet of built -upon
area for each parcel.
(Ord. of 11-1-93, § 302; Ord. of 5-5-97(11), § 1; Ord. of 5-5-97(12), § 1)
Sec. 66-53. - Cluster development.
Clustering of development is allowed under the following conditions:
(1) Minimum lot sizes are not applicable to single family cluster development projects; however,
12/23

12/31/2020 Halifax County, NC Code of Ordinances
the total number of lots shall not exceed the number of lots allowed for single family
detached developments in section 66-52. Built -upon area or storm water control
requirements for the project shall not exceed that allowed for the critical area or balance of
watershed, whichever applies.
(2) All built -upon area shall be designed and located to minimize storm water runoff impact to
the receiving waters and minimize concentrated storm water flow.
(3) The remainder of the tract shall remain in a vegetated or natural state. Where the
development has an incorporated property owners association, the title of the open space
area shall be conveyed to the association for management. Where a property association is
not incorporated, a maintenance agreement shall be filed with the property deeds.
(Ord. of 11-1-93, § 303)
Sec. 66-54. - Buffer areas required.
(a) A minimum 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.
(1) The minimum 30-foot vegetative buffer for Gaston Lake shall begin at the 200-foot elevation
line.
(2) The minimum 30-foot vegetative buffer for the Roanoke Rapids Lake shall begin at the 132-
foot elevation.
(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 storm water best management practices.
(Ord. of 11-1-93, § 304; Ord. of 5-5-97(13), § 1)
Sec. 66-55. - 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:
(1) 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 such boundaries.
(2) Where area boundaries are indicated as approximately following lot lines, such lot lines shall
be construed to be such boundaries. However, a surveyed plat prepared by a registered land
13123

12/31/2020 Halifax County, NC Code of Ordinances
surveyor may be submitted to the county as evidence that one or more properties along
these boundaries do not lie within the watershed area.
(3) Where the watershed area boundaries lie at a scaled distance more than 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.
(4) Where the watershed area boundaries lie at a scaled distance of 25 feet or less from any
parallel lot line, the location of watershed area boundaries shall be construed to be the lot
line.
(5) Boundaries of watershed districts indicated as approximately following the ridge lines shall
be construed as the actual ridge line as determined by accepted surveying practices. The
property owner shall bear the expense of any surveys.
(6) 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.
(Ord. of 11-1-93, § 305)
Sec. 66-56. -Application of regulations.
(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 chapter shall be
included in the area required for another building.
(c) Every residential building hereafter erected, moved or structurally altered shall be located on a
lot which conforms to the regulations herein specified, except as permitted in section 66-57.
(d) 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.
(Ord. of 11-1-93, § 306)
Sec. 66-57. - Existing development.
Any existing development as defined in this chapter, may be continued and maintained subject to the
provisions provided herein. 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.
(1) Vacant lots. This category consists of vacant lots for which plats or deeds have been recorded
in the office of the county register of deeds. Lots may be used for any of the uses allowed in
the watershed area in which it is located, provided that where the lot area is below the
14/23

12/31/2020 Halifax County, NC Code of Ordinances
minimum specified in this chapter the watershed administrator is authorized to issue a
watershed protection permit for single family use.
(2) Occupied lots. This category consists of lots, occupied for residential purposes at the time of
the adoption of this chapter. These lots may continue to be used provided that whenever two
or more adjoining lots of record, one of which is occupied, are in single ownership at anytime
after the adoption of this chapter, and such lots individually or together have less area than
the minimum requirements for residential purposes for the watershed area in which they are
located, such lots shall be combined to create lots which meet the minimum size
requirements or which minimize the degree of nonconformity.
(3) Uses of land. This category consists of uses existing at the time of adoption of this chapter
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:
a. When such use of land has been changed to an allowed use, it shall not thereafter revert
to any prohibited use.
b. Such use of land shall be changed only to an allowed use.
c. When such use ceases for a period of at least one year, it shall not be reestablished.
(4) Reconstruction ofbuildings orbuilt-upon areas. Any existing building or built -upon area not
in conformity 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:
a. Repair or reconstruction is initiated within 12 months and completed within two years of
such damage.
b. The total amount of space devoted to built -upon area may not be increased unless storm
water control that equals or exceeds the previous development is provided.
(Ord. of 11-1-93, § 307)
Sec. 66-58. - Watershed protection permit.
(a) Except where a single family residence is constructed on a lot deeded prior to January 1, 1994, 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 chapter.
(b) Watershed protection permit applications shall be filed with the watershed administrator. The
application shall include a completed application form and supporting documentation deemed
necessary by the watershed administrator.
(c) Prior to issuance of a watershed protection permit, the watershed administrator may consult
15/23

12/31/2020 Halifax County, NC Code of Ordinances
with qualified personnel for assistance to determine if the application meets the requirements of
this chapter.
(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 12 months from the date of issuance.
(Ord. of 11-1-93, § 308)
Sec. 66-59. - Building permit required.
Except for a single family residence constructed on a lot deeded prior to January 1, 1994, no permit
required under the state building code shall be issued for any activity for which a watershed protection
permit is required until that permit has been issued.
(Ord. of 11-1-93, § 309)
Sec. 66-60. - Watershed protection occupancy permit.
(a) The watershed administrator shall issue a watershed protection occupancy permit certifying that
all requirements of this chapter 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 coincidentally with the application for a watershed protection permit and shall be
issued or denied within ten 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 chapter
have been met coincidentally 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.
(Ord. of 11-1-93, § 310)
Secs. 66-61-66-80. - Reserved.
ARTICLE IV. - PUBLIC HEALTH REGULATIONS
Sec. 66-81. - Generally.
16123

12/31/2020
Halifax County, NC Code of Ordinances
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 onsite
sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures;
the improper storage or disposal of junk, trash or other refuse within a buffer area; the absence or
improper implementation of a spill containment plan for toxic and hazardous materials; the improper
management of storm water runoff, or any other situation found to pose a threat to water quality.
(Ord. of 11-1-93, § 401)
Sec. 66-82. - 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.
(Ord. of 11-1-93, § 402)
Secs. 66-83-66-90. - Reserved.
ARTICLE V. ADMINISTRATION, ENFORCEMENT AND APPEALS
Sec. 66-91. - Watershed administrator and duties thereof.
The zoning administrator shall serve as the watershed administrator. 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 and watershed
protection occupancy permits as prescribed herein. A record of all permit shall be kept on file
and shall be available for public inspection during regular office hours of the administrator.
(2) The watershed administrator shall serve as clerk to the watershed review board.
(3) 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 division of water quality.
(4) The watershed administrator is granted the authority to administer and enforce the
17/23

12/31/2020 Halifax County, NC Code of Ordinances
provisions of this chapter, exercising in the fulfillment of his responsibility the full police
power of the 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 chapter.
(5) The watershed administrator shall keep a record of variances to the local water supply
watershed protection ordinance. This record shall be submitted to the division of water
quality on or before January 1 st of the following year and shall provide a description of each
project receiving a variance and the reasons for granting the variance.
(Ord. of 11-1-93, § 501; Ord. of 5-5-97(14), § 1; Ord. of 5-5-97(15), § 1)
Sec. 66-92. - Appeal from the watershed administrator.
(a) Any order, requirement, decision or determination made by the watershed administrator may be
appealed to and decided by the watershed review board.
(b) An appeal from a decision of the watershed administrator must be submitted to the watershed
review board within 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.
(c) 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.
(d) 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. of 11-1-93, § 502)
Sec. 66-93. - Changes and amendments to this chapter.
(a) The 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 45 days after submission of the proposal to the chairman of the watershed
18/23

12/31/2020 Halifax County, NC Code of Ordinances
review board, the board of commissioners may proceed as though a favorable report had been
received.
(c) Under no circumstances shall the board of commissioners adopt such amendments,
supplements or changes that would cause this chapter to violate the watershed protection rules
as adopted by the state environmental management commission. All amendments must be filed
with the state division of environmental management and the state division of environmental
health.
(Ord. of 11-1-93, § 503)
Sec. 66-94. - Public notice and hearing required.
Before adopting or amending this chapter, the 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 nor more than 25 days before the date fixed for the hearing.
(Ord. of 11-1-93, § 504)
Sec. 66-95. - Establishment of watershed review board.
The board of adjustments shall serve as the watershed review board.
(Ord. of 11-1-93, § 505)
Sec. 66-96. - Rules of conduct for members.
Members of the board may be removed by the board of county commissioners for cause, including
violation of the rules stated below:
(1) 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.
(2) 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
ten percent 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).
(3) 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
19/23

12/31/2020 Halifax County, NC Code of Ordinances
pertaining to the case from the watershed administrator or any other member of the board,
its secretary or clerk prior to the hearing.
(4) Members of the board shall not express individual opinions on the proper judgment of any
case prior to its determination on that case.
(5) Members of the board shall give notice to the chairman at least 48 hours prior to the hearing
of any potential conflict of interest which he has in a particular case before the board.
(6) 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.
(Ord. of 11-1-93, § 506)
Sec. 66-97. - 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
chapter.
(b) Variances. The watershed review board shall have the power to authorize, in specific cases, minor
variances from the terms of this chapter as will not be contrary to the public interests where,
owing to special conditions, a literal enforcement of this chapter will result in practical difficulties
or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and
welfare secured, and substantial justice done. In addition, the county shall notify and allow a
reasonable comment period for all other local governments having jurisdiction in 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 inch to 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. Such notice shall include a description of the variance being
requested. Local governments receiving notice of the variance request may submit
20/23

12/31 /2020
Halifax County, NC Code of Ordinances
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 this chapter. In order to determine that there are practical difficulties or
unnecessary hardships, the board must find that the five following conditions exist:
(i) If he complies with the provisions of this chapter, 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 this chapter that will make possible the reasonable use of his property.
(ii) The hardship results from the application of this chapter to the property rather than
from other factors such as deed restrictions or other hardship.
(iii) 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.
(iv) The hardship is not the result of the actions of an applicant who knowingly or
unknowingly violates this chapter, or who purchases the property afterjanuary 1,
1994, and then comes to the board for relief.
(v) 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 this chapter 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.
(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 chapter. 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
21/23

12131 /2020
Halifax County, NC Code of Ordinances
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 months from the date of the decision.
(6) The following definition of major variance shall apply.
Major variance. A variance that results in any of the following: (1) the relaxation, by a factor of
more than 15 percent, of any management requirement except density and built -upon area
requirements; (2) the relaxation of any density or built -upon area management requirement.
(7) 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.
(8) 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
22/23

12/31/2020 Halifax County, NC Code of Ordinances
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 II of this chapter.
(d) Public health. See article IV of this chapter.
(Ord. of 11-1-93, § 507)
Sec. 66-98. - 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. The [rendering] of decisions by the superior court will be in the manner of certiorari.
(Ord. of 11-1-93, § 508)
23/23