The URL can be used to link to this page

Home My WebLink AboutWSMU_ARCL_WSWP Other Info_20210204TOWN OF ARCHER LODGE 14094 Buffalo Road Archer Lodge, NC 27527 Main: 919-359-9727 Fax: 919-359-3333 Mayor. Matthew B. Mulhollem Council Members: Clyde B. Castleberry Mayor Pro Tem Teresa M. Bruton J. Mark Jackson James (Jim) Purvis, III Mark B. Wilson August 21, 2020 VIA E-Mail to: paul.clarkkncdenr.gov Paul Clark Water Supply Watershed Protection Coordinator Stormwater Program Division of Energy, Mineral, and Land Resources Department of Environmental Quality RE: Town of Archer Lodge Water Supply Watershed Ordinances Dear Mr. Clark; This letter has two purposes. The first purpose is to submit to you a draft of the revised Water Supply Watershed Protection Overlay District. Please comment on this draft. This draft does not follow the Model Water Supply Watershed Ordinance which we believe to be out-of-date. In preparing the draft we made every effort to follow the most recent versions of the NCAC. We hope to send it to the Planning Board in September for consideration by the Town Council in November, or as soon after the Planning Board makes a recommendation as we can manage. The draft is attached at "2020 08 21 Sec 30 131 Draft.docx". Also included are other related ordinances, such as the ordinances creating the Board of Adjustment and establishing quasi- judicial procedures for hearing stormwater and other variances (see "A Archer Lodge Procedural Sections Zoning Ord.pdf'). Also, please see the list of attached ordinances at Exhibit A attached to this letter. We understand that the Environmental Management Commission must approve the Letter to Paul Clark August 21, 2020 Page 2 of 4 ordinance. We will consider any sequence for adoption by the Town and approval by the EMC that you suggest. The second purpose of this letter is to explain the Town's water supply watershed protection efforts to date. We understand that the Town did not obtain approval by the EMC for its adopted water supply watershed ordinance and map, However both the map and accompanying ordinance were adopted and are being enforced. When the Town was incorporated' it adopted the Johnston County zoning ordinance and other development regulations by reference on December 4, 2009. Please see the files referenced at the end of this paragraph.. At that date, Johnston County had a water supply watershed protection district and a stormwater ordinance, so they were adopted by the Town. At that point, the Town relied on Johnston County's staff to apply and enforce the zoning ordinance. [FILES: "B AL Town Council Minutes 12-4-2009.pdf'; "C 2009 Johnston Co. Dev. Ord. Adopted.pdf'] On October 8, 2012, the Town approved a Memorandum of Agreement with Johnston County under which the Town adopted Johnston County's Stormwater Ordinances by reference. The County agreed to enforce the stormwater ordinances in the Town and continues to do so until the present. [FILES: "D Town of Archer Lodge Stormwater MOA.pdf ; "E Johns County Art VII SWOrdinance.pdf'] This is relevant because the Johnston County stormwater ordinance contains some watershed regulations and applies an early version of the Neuse Nutrient Sensitive Rules to the Town's jurisdiction. On or about Jan 4, 2010 the Johnston County Commissioners amended their water supply watershed district to the version "on the books" today. [FILE: "F Johnstoncounty Sec14-105 WSW District.pdf'] On November 14, 2013, the Archer Lodge Town Council adopted its version of Johnston County Development Ordinance §14-105 Water Supply Watershed Protection District, also numbering it §14-105 In the same ordinance, the Town adopted an "Environmental Elements Map defining the location of the Water Supply Watershed District. [FILE: "G AL TC 11.14.13 Ord &Map excerpt.pdf' and "H AL TC 11.14.13 Minutes.pdf' ] Only the pertinent pages of the Nov. 2013 Ordinance and Map are provided as the file is large. Please let us know if you need the entire ordinance. On May 1, 2017, the Town Council adopted a new ordinance. The zoning and subdivision ordinances were renumbered as Chapter 30, but otherwise were mostly unchanged. The Water Supply Watershed ordinance was renumbered from §14-105 to §30-131. The Environmental Elements Map became §30-A2. [FILES: " I 2017 AL New Code Adopted.pdf'; "I Original Sec 1 The incorporation was a lengthy process. The General Assembly approved "An Act to Incorporate the Town of Archer Lodge Subject to a Referendum" on Aug. 11, 2009. The issue was on the Nov. 3, 2009 ballot. The referendum was approved by the voters. The first Town Board meeting was held on December 4, 2009. Letter to Paul Clark August 21, 2020 Page 3 of 4 131.docx"] The entire Town code of ordinances is available on the Town and Municipal Code Corporation web sites. A few more points may help clarify matters: 1) Between the Town's Zoning Ordinance § 30-131, the adopted Environmentally Sensitive Area Map and the Johnston County Stormwater Ordinance the Town has all or most of the necessary components of a water supply watershed control program. 2) From the date of incorporation to the present, the Town has neither constructed any streets or roads or accepted any into Town ownership. The Town receives no Powell Bill funds. The Town simply does not own or maintain any streets or roads. We welcome your comments and suggestions. We look forward to hearing from you. Al Benshoff may be reached at benshoftkbroughlawfirm.com or 980 622 6440. /S/ Julie Maybee Julie Maybee Town Planner /S/ Al Benshoff Albert Benshoff The Brough Law Firm, PLLC Special Counsel to the Town Letter to Paul Clark August 21, 2020 Page 4 of 4 EXHIBIT A: Glossary of Attached Documents. FILE NAME TOPIC 2020 08 21 Sec 30 131 Draft amended water supply watershed overlay zoning district Draft.docx for NC DEQ review A Archer Lodge Procedural Procedural sections regarding approval of variances, Sections Zoning Ord.pdf subdivisions and other permits by the Planning Board and Board of Adjustment. B AL Town Council Minutes Town Council minutes showing adoption of Johnston County 12-4-2009.pdf ordinances by reference, including the Johnston County Development (zoning) Ordinance which includes a water supply watershed ordinance C 2009 Johnston Co. Dev. Town ordinance adopting the Johnston County Development Ord. Ado ted. df ordinance D Town of Archer Lodge The Town and Johnston County Memo of Agreement Stormwater MOA.pdf whereby the County enforces its storm water ordinance in the Town E Johns County Art VII Johnston County's storm water ordinance SWOrdinance. df F Johnstoncounty Secl4-105 Johnston County's water supply watershed protection district WSW District. df ordinance G AL TC 11.14.13 Ord Town's 2013 Zoning Ordinance excerpt containing Water &Map excerpt.pdf Supply Watershed district and adopted overly district ma H AL TC 11.14.13 Minutes of Town Council meeting adopting Water Supply Minutes. df Watershed district and ma 12017 AL New Code Ordinance adopting a revised Town zoning ordinance Ado ted. df J Original Sec 131.docx The 2017 adopted Water Supply Watershed district ordinance.