WSMU_MRSV_Email_20070906

Re: T.AVaters ,d ordinance question
Subject: Re: Watershed ordinance question
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From: Julie Ventaloro <[e-mail]> cY''
Date: Thu, 06 Sep 2007 13:00:12 -0400 w d\-
To: Jim King <[e-mail]>
Hi Jim,
I've reviewed the draft revisions to the town's watershed regulations, and have just a few
questions/comments on Chapter 4 "Overlay Districts."
Section 4.2.5 Establishment of Watershed Districts*
Change "North Carolina Division of Water Quality" to "North Carolina Environmental Management
Commission".
*Section 4.2.6 WS-II-BW* *Low Impervious Option*
DWQ interprets the EMC's rules to allow the built-upon area criteria to be applied to
single-family residential units. The town may consider revising item (2) (A) to read:
"Residential uses shall be limited to single-family detached dwellings with a maximum density
of one unit per acre and 12 percent impervious surface cover ". This is not a requirement,
just a suggestion.
Please include the EMC requirement (15A NCAC 2B .0214) that "Stormwater runoff from the
development shall be transported by vegetative conveyances to the maximum extent
practicable."
*Section 4.2.6 WS-II-BW* *High Impervious Option*
Are single-family detached residential densities limited to 30% impervious surface cover? I
did not have a copy of Table 3.4.2 Dimensional Standards to verify.
*Section 4.2.6 WS-II-BW* *10-70 Provision Option*
The town may consider including this provision under the High Impervious Cover Option since
they both incorporate a requirement for engineered storm water control.
15A NCAC 2B .0214 requires 100-foot vegetative buffers for all development that exceeds the
low-density option requirements, including 10-70 projects. This buffer requirement would be
satisfied by including the 10-70 provision under the High Impervious section. Otherwise, the
100-foot buffer requirement for 10-70 projects would need to be included elsewhere.
I recommend including some of the 10-70 provision language from the town's 1999 Watershed
Regulations, specifically the statement that "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." This would help reinforce the requirement that the entire project area is
subtracted from the town's original 10/70 allotment, not just the built-upon area.
*Section 4.2.7 WS-IV-CA Low Impervious Option
*Same comments as above for low impervious option in WS-II, except 24%.
*Section 4.2.8 WS-IV-PA Low Impervious Option
*Same comments as above for low impervious option in WS-II, except 24%.
*Section 4.2.11 Amendments to Watershed Protection Overlay District Regulations*
Change "Division of Environmental Management" to "Division of Water Quality."
*General comments:*
I did not see a section on Cluster Development; has the town decided to eliminate this
option?
I also did not see information about financial securities, operation and maintenance of
stormwater control structures; is this included elsewhere?
Very well-organized section on riparian buffers and nice diagrams!
Thank you for the opportunity to review these amendments prior to adoption. Please let me
know if you have any questions about my comments.
Julie Ventaloro
Coordinator, Water Supply Watershed Protection Program
NC DENR-DWQ
NPS Assistance & Compliance Oversight Unit
1 of 1 n/L"AAA, 1./1/1 T1L 4

Re:Watershed ordinance question J
1617 Mail Service Center, Raleigh, NC 27699-1617
Phone: (919) 733-5083 ext. 530 Fax: (919) 733-9612
Jim King wrote: -
Thank you for your responding to my question. Attached you will find our
watershed regulations. There is very little change from what the EMC
originally approved with the exception of the 10/70 provision and the
riparian buffer. Our consultant has broken up the reg's and placed the
administrative process under chapter 2 "Administration" of our proposed
ordinance and the meat of the reg's in chapter 4 "Overlay Districts",
then non-conforming watershed in chapter 11 "non-conformities". I have
attached all the sections of the watershed provisions for your
preliminary review. We would like to have your comments prior to
adoption of the new ordinance in order to avoid a text amendment to a
newly adopted document. In addition we would like to _administer the
10/70 provision to our redevelopment areas. In your review could you
suggest the best way we could address that.
Thank you for your assistance and ifyouu have any question please call.
Jim King AICP, CZO
Town of Mooresville
P.O. Box 878
Mooresville, NC 28115
[e-mail]
(704) 799-8018
(704) 662-7039 fax
E-mail correspondence to and from this address may be-subject to the North Carolina Public
Records Law and may be disclosed to third parties
by an authorized Town official. If you have received this communication
in error , please do not distribute it. Please notify the sender by
E-mail at the address shown and delete the original message.
Original Message
From: Julie Ventaloro [mailto:Julie.Ventaloro@ncmail.n-et] Sent: Thursday, August 09, 2007
9:00 AM
To: Jim King
Subject: Watershed ordinance question
Hello, Mr. King,
Your question regarding approval of amendments to theTown's watershed regulations was
forwarded to me. I am the coordinator for the state's water supply watershed protection
program. The process of approving ordinance amendments has recently been simplified. The
EMC has delegated authority to the Director of DWQ to approve ordinances in most
cases.
The procedure is as follows:
1) The Town may submit draft amendments to DWQ (i.e., me) for preliminary review.
2) I will review and make recommendations as needed.
3) The Town must approve and adopt the ordinance and submit a letter to
DWQ (me) stating that the local governing body has adopted the
amendments.
4) I will schedule it with the Director for review.
5) DWQ will notify the Town of the outcome of the Director's review.
There is no set time frame. How long the process will take depends mostly on how involved
the amendments are, which affects how long my review takes. I'm not sure how far in
advance I will need to schedule the review with the Director. It may be several weeks.
Julie Ventaloro

Re:Waterslid ordinance question
NC DENR-DWQ
NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Phone: (919) 733-5083 ext. 530 Fax: (919) 733-9612
Original Message
Subject: Watershed
Date: Wed, 8 Aug 2007 14:43:00 -0400
From: Jim King <[e-mail]>
To: <[e-mail]>
CC: <[e-mail]>, "Craig Culberson"
<[e-mail]>, "Chad Meadows" <[e-mail]>
The Town of Mooresville is in the process of re-writing our Zoning Ordinance. In doing so,
we have added some additional provisions to our watershed regulations making them more
stringent than those in the module watershed ordinance adopted by the EMC in 1993. Who do
we need to
submit these to for review if such is required and what is the time frame for getting
comments/approval.
Jim King AICP, CZO
Town of Mooresville
P.O. Box 878
Mooresville, NC 28115
[e-mail]
(704) 799-8018
(704) 662-7039 fax
1 of 2 C11I I)Aft 1 1.AA DAA

RE: Watershed ordinance question I f
(O Ary �sbf�Uy61.c
Subject: RE: Watershed ordinance question
From: "Jim King" <[e-mail]>
Date: Thu, 9 Aug 2007 11:32:45 -0400
To: "Julie Ventaloro" <[e-mail]>
CC: <[e-mail]>, "Mike Harper" <[e-mail]>, "Irene Mann"
<[e-mail]>, "Craig Culberson" <[e-mail]>
Thank you for your responding to my question. Attached you will find our
watershed regulations. There is very little change from what the EMC
originally approved with the exception of the 10/70 provision and the
riparian buffer. Our consultant has broken up the reg's and placed the
administrative process under chapter 2 "Administration" of our proposed
ordinance and the meat of the reg's in chapter 4 "Overlay Districts",
then non-conforming watershed in chapter 11 "non-conformities". I have
attached all the sections of the watershed provisions for your
preliminary review. We would like to have your comments prior to
adoption of the new ordinance in order to avoid a text amendment to a
newly adopted document. '.nister t
allir provision to our repmr review could you
suggest the best way we could addres "f
Thank you for your assistance and if you have any question please call.
Jim King AICP, CZO
Town of Mooresville
P.O. Box 878
Mooresville, NC 28115
[e-mail]
(704) 799-8018
(704) 662-7039 fax
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties
by an authorized Town official. If you have received this communication
in error , please do not distribute it. Please notify the sender by
E-mail
at the address shown and delete the original message.
Original Message
From: Julie Ventaloro [mailto:[e-mail]]
Sent: Thursday, August 09, 2007 9:00 AM
To: Jim King
Subject: Watershed ordinance question
Hello, Mr. King,
Your question regarding approval of amendments to the Town's watershed
regulations was forwarded to me. I am the coordinator for the state's
water supply watershed protection program. The process of approving
ordinance amendments has recently been simplified. The EMC has
delegated authority to the Director of DWQ to approve ordinances in most
cases.
The procedure is as follows:
1) The Town may submit draft amendments to DWQ (i.e., me) for
preliminary review.
2) I will review and make recommendations as needed.
3) The Town must approve and adopt the ordinance and submit a letter to
DWQ (me) stating that the local governing body has adopted the
amendments.
4) I will schedule it with the Director for review.
5) DWQ will notify the Town of the outcome of the Director's review.
1 of 3 8/10/2007 7:47 AM

RE: Watershed ordinance question
There is no set time frame. How long the process will take depends
mostly on how involved the amendments are, which affects how long my
review takes. I'm not sure how far in advance I will need to schedule
the review with the Director. It may be several weeks.
Julie Ventaloro
NC DENR-DWQ
NPS Assistance & Compliance Oversight Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Phone: (919) 733-5083 ext. 530 Fax: (919) 733-9612
Original Message
Subject: Watershed
Date: Wed, 8 Aug 2007 14:43:00 -0400
From: Jim King <[e-mail]>
To: <[e-mail]>
CC: <[e-mail]>, "Craig Culberson"
<[e-mail]>, "Chad Meadows"
<[e-mail]>
The Town of Mooresville is in the process of re-writing our Zoning
Ordinance. In doing so, we have added some additional provisions to our
watershed regulations making them more stringent than those in the
module watershed ordinance adopted by the EMC in 1993. Who do we need to
submit these to for review if such is required and what is the time
frame for getting comments/approval.
Jim King AICP, CZO
Town of Mooresville
P.O. Box 878
Mooresville, NC 28115
[e-mail]
(704) 799-8018
(704) 662-7039 fax
Content-Description: Watershed 1.pdf
Watershed 1.pdf Content-Type: application/octet-stream
Content-Encoding: base64
Content-Description: Watershed 2.pdf
Watershed 2.pdf Content-Type: application/octet-stream
Content-Encoding: base64
2 of 3 8/10/2007 7:47 AM

11.7 NONCONFORMITIES WITHIN WATERSHED PROTECTION OVERLAY
Existing nonconforming development within the Watershed Protection Overlay District may be continued
and maintained subject to the provisions in this section.
11.7.1 Expansion or Reconstruction
Expansions to or reconstruction of existing development shall meet the requirements of this
Ordinance; however, the built-upon area of the existing development is not required to be included
in the built-upon area calculations provided:
(1) The existing development was legally established prior to July 1, 1993;and
(2) The existing development remains under common ownership during the expansion or
reconstruction.
11.7.2 Vacant Lots
This category consists of vacant lots for which plats or deeds have been recorded with the Iredell
County Register of Deeds on or before July 1, 1993. Lots may be used for any of the uses allowed in
the watershed area in which it is located, provided that whenever two or more contiguous
residential vacant lots of record are in single ownership following the adoption of this Ordinance and
such lots individually have less area than the minimum requirements for residential purposes for the
watershed area in which such lots are located, such lots shall be combined to create one or more
lots that meet the standards of this Ordinance or to reduce the degree of nonconformity.
11.7.3 Developed Lots
This category consists of lots, occupied for residential purposes at the time of the adoption of this
Ordinance. These lots may continue to be used provided that whenever two or more adjoining lots
of record are under single ownership, and such lots individually or together have less area than the
minimum requirements for the watershed area in which they are located, such lots shall be
combined to create lots that meet the minimum size requirements or to minimize the degree of
nonconformity.
11.7.4 Prohibited Uses
This category consists of uses existing at the time of adoption of this Ordinance where such use of the
land is not permitted to be established in the watershed area in which it is located. Such uses may
be continued except as follows:
(1) When such use of land has been changed to an allowed use,it shall not thereafter revert to
any prohibited use;
(2) Such use of land shall be changed only to an allowed use;and
(3) When such use ceases for a period of at least 180 continuous calendar days, it shall not be
re-established.
11.7.5 Reconstruction of Buildings or Built-upon Areas
Any existing building or built-upon area not in conformance with the provisions of this Ordinance that
has been damaged or removed may be repaired and/or reconstructed,provided:
(1) Repair or reconstruction is initiated within 12 months and completed within two years of such
damage.
(2) The amount of built-upon area may not be increased unless stormwater control that equals
or exceeds the previous development is provided.

12.3 VIOLATIONS
12.3.1 Violations Generally
(1) Failure to Comply with Ordinance or Term or Condition of Approval Constitutes Ordinance
Violation
Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this
Ordinance, or the terms or conditions of any permit or other development approval or
authorization granted in accordance with this Ordinance shall constitute a violation of this
Ordinance punishable as provided in this chapter.
(2) Permits or Permit Approvals only Authorize Development Approved
Permits or permit approvals issued by a decision-making body authorize only the use,
arrangement, location, design, density or intensity, and development set forth in such
permits or development approvals.
12.3.2 Specific Violations
It shall be a violation of this Ordinance to undertake any land-disturbing activity contrary to the
provisions of this Ordinance,including but not limited to any of the following:
(1) Develop land or a structure without first obtaining the appropriate permit or permit
approval.
(2) Occupy or use land or a structure without first obtaining the appropriate permit or permit
approval.
(3) Develop land or a structure without complying with the terms or conditions of the permit or
permit approval required to engage in development.
(4) Occupy or use land or a structure in violation of the terms or conditions of the permit or
permit approval.
(5) Subdivide land without first obtaining the appropriate permit or permit approvals required to
engage in subdivision.
(6) Subdivide land without complying with the terms or conditions of the permit or permit
approval required to engage in development.
(7) Excavate, grade, cut, clear, or undertake any land disturbing activity without first obtaining
all appropriate permits and permit approvals, and complying with their terms and
conditions.
(8) Remove existing trees from a site or parcel of land without first obtaining appropriate permits
and permit approvals,and complying with their terms and conditions.
(9) Install,create, erect, alter, or maintain any sign without first obtaining the appropriate permit
or permit approval.
(10) Fail to remove any sign installed, created, erected, or maintained in violation of this
Ordinance,or for which the permit has lapsed.
(11) Create, expand, replace, or change any nonconformity except in compliance with this
Ordinance.
(12) Reduce or diminish the requirements for development, design, or dimensional standards
below the minimum required by this Ordinance.
(13) Increase the intensity or density of development, except in accordance with the standards
of this Ordinance.
(14) Through any act or omission, fail to comply with any other provisions, procedures, or
standards as required by this Ordinance.

12.4 RESPONSIBLE PERSONS
Any person who violates this Ordinance shall be subject to the remedies and penalties set forth in this
chapter.
12.5 ENFORCEMENT GENERALLY
12.5.1 Responsibility for Enforcement
The Planning Director shall be responsible for enforcing the provisions of this Ordinance in
accordance with North Carolina General Statute Sections 160A-174, 160A-175,and 160A-193.
12.5.2 Complaints Regarding Violations
Whenever a violation of this Ordinance occurs,or is alleged to have occurred, any person may file a
complaint. The complaint, stating fully the cause and basis therefore,shall be filed with the Planning
Department, which shall properly record such complaint, investigate, and take appropriate action
as provided by this Ordinance.
12.5.3 Enforcement Procedure
(1) Notice of Violations
When the Planning Department finds a violation of this Ordinance, the Planning Director
shall take appropriate action to remedy the violation consistent with Section 12.6, Remedies
and Penalties. The Planning Department shall notify, in writing, the person violating this
Ordinance. Such notification shall indicate:
(A) The nature of the violation;
(B) Order the necessary action to abate the violation;and
(C) Give a deadline for correcting the violation.
The final Notice of Violation (the initial Notice of Violation may also be the final Notice of
Violation) shall state what course of action is intended if the violation is not corrected within
15 days from the date the Notice of Violation was issued. The Notice of Violation shall also
advise the violator of their rights to appeal the Notice of Violation to the Board of
Adjustment (BOA) within 30 days of the date the Notice of Violation was issued.
(2) Application of Remedies and Penalties
If the owner, occupant, or person responsible for the violation fails to comply with the final
Notice of Violation from which no appeal has been taken within 30 days, as provided in the
notification, the Planning Director shall take appropriate action, as provided in Section 12.6,
Remedies and Penalties, to correct and abate the violation and to ensure compliance with
this Ordinance.
12.6 REMEDIES AND PENALTIES
Any of the following remedies and enforcement powers may be used to administer and enforce this
Ordinance following a Notice of Violation as described in Section 12.5, Enforcement Generally. While the
Town may exercise any of the following remedies or penalties at any point following issuance of a Notice of
Violation and the required correction period,the following remedies and penalties are listed in their general
order or sequence of application.
12.6.1 Repeat Violations
In addressing repeat violations by the same offender over any three-year period, the Town may
commence the application of remedies or penalties at the stage in the process where the previous
violation was resolved.

12.6.2 Civil Penalty
(1) In addition to the other remedies cited in this Ordinance for the enforcement of its
provisions, and pursuant to North Carolina General Statutes Section 160A-175, the standards
in this Ordinance may be enforced through the issuance of civil penalties by the Planning
Director.
(2) Subsequent citations for the same violation may be issued each day by the Planning
Director if the offender does not pay the citation (except as otherwise provided in a
Warning Citation) after it has been issued unless the offender has sought an appeal to the
actions of the Planning Director through an Appeal of Administrative Decision (Section
2.3.14). Once the 15 day warning period has expired, each day which the violation
continues shall subject the violator to additional citations to be issued by the Planning
Director.
(3) Civil Penalties are established in Table 12.6.8,Civil Penalties.
TABLE 12.6.8: CIVIL PENALTIES
CITATION CIVIL PENALTY AMOUNT
Warning None
First Citation $100.00
Second Citation $250.00
Third and Subsequent Citations $500 00
for the Same Offense
(4) If the offender fails to pay the civil penalties within 15 days after having been cited, the
Town may recover the penalties in a civil action in the nature of debt.
12.6.3 Stop Work Order Issuance
Whenever a building or structure is being constructed, demolished, renovated, altered, or repaired
in violation of any applicable provision of this Ordinance, the Planning Director may order the
revocation of the Zoning Permit for such work and request a Stop Work Order be issued by the Iredell
County Inspections Department. The stop work order shall be in writing,directed to the person doing
the work, and shall state the specific work to be stopped,the specific reasons for cessation and the
action(s) necessary to lawfully resume work.
12.6.4 Revocation of Zoning Permit
The Planning Director may revoke any Zoning Permit by written notification to the permit holder
when violations of this Ordinance have occurred. Permits may be revoked when false statements or
misrepresentations were made in securing the permit, work is being or has been done in substantial
departure from the approved application or plan, there has been a failure to comply with the
requirements of this Ordinance,or a permit has been mistakenly issued in violation of this Ordinance.
12.6.5 Injunction
When a violation occurs, the Planning Director may, either before or after the initiation of other
authorized actions,apply to the appropriate court for a mandatory or prohibitory injunction ordering
the offender to correct the unlawful condition or cease the unlawful use of the land in question.
12.6.6 Order of Abatement
In addition to an injunction, the Town may apply for and the court may enter into an Order of
Abatement as part of the judgment in the case. An Order of Abatement may direct any of the
following actions:
(1) Buildings or other structures on the property be closed,demolished,or removed;

(2) Fixtures,furniture or other moveable property be moved or removed entirely;
(3) Improvements,alterations,modifications or repairs be made;or
(4) Any other action be taken that is necessary to bring the property into compliance with this
Ordinance.
12.6.7 Equitable Remedy
The Town may apply to a court of law for any appropriate equitable remedy to enforce the
provisions of this Ordinance. The fact that other remedies are provided under general law or this
Ordinance shall not be used by a violator as a defense to the Town's application for equitable relief.
12.6.8 Criminal Penalties
Pursuant to North Carolina General Statutes Section 14-4, any person, firm, or corporation convicted
of violating the provisions of this Ordinance shall, upon conviction, be guilty of a misdemeanor and
shall be fined an amount not to exceed five hundred dollars ($500).
12.6.9 Execution of Court Decisions
The Planning Director may execute the Order of Abatement and will have a lien on the property in
the nature of a mechanic's and materialman's lien for the cost of executing the order.
12.6.10 Deny or Withhold Permits
The Planning Department may deny or withhold authorization to use or develop any land, structure,
or improvements until an alleged violation and associated civil penalty related to such land, use, or
development is corrected.
12.6.11 Remedies for Disturbance or Destruction of Vegetation
(1) The disturbance of any landscaped area or vegetation required by this Ordinance shall
constitute a violation of this Ordinance.
(2) Any person who violates any of the tree protection or landscaping provisions of this
Ordinance, or rules or orders adopted or issued pursuant to this Ordinance shall be subject
to any one or all of the combination of the penalties authorized and prescribed by this
Subsection. If a party continues to fail to comply with a particular provision, the party shall
continue to remain subject to the penalties prescribed by this Subsection for the continued
violation of the particular provision. Penalties assessed under this Subsection are in addition
to, and not in lieu of, compliance requirements of this Ordinance. The Town may employ
any of the remedies authorized for a municipality pursuant to North Carolina General
Statutes Section 160A-175. Civil penalties for violation of this Ordinance shall be as follows:
(A) Any act constituting a violation of this subsection resulting in the destruction,
excessive trimming/pruning, or removal of vegetation without approval from the
Town shall subject the property owner to a civil penalty of$2.00 per square foot for
the area damaged or destroyed, not to exceed$50,000 dollars.
(B) In the event that a bond has not been posted and excepted by the Town and the
property owner has failed to plant the required trees as depicted on an approved
landscape plan, the owner shall be fined $500.00 per tree not installed not to
exceed$20,000 per day of violation.
(C) Destruction or removal of trees greater than 12 inches (DBH) without the approval of
the Town shall be incur a civil penalty equal to the amount of the value of the tree
as listed in the "The Guide for Plant Appraisal, 9th Edition" published by The Council
of Trees and Landscape Appraisers and The International Society of Arboriculture in
conjunction with the information provided by the Southern Chapter of the
International Society of Arboriculture. The civil penalties are described in Table
12.6.11,Tree Valuation Schedule:

TABLE 12.6.11 TREE VALUATION SCHEDULE [1]
TRUNK DIAMETER CROSS SECTION DECIDUOUS TREE EVERGREEN TREE
INCHES(DBH) (SQUARE INCHES) (VALUE) (VALUE)
12 113 $3,869.12 $3,385.48
15 177 $6,006.48 $5,802.92
20 314 $10,751.36 $9,407.44
30 707 $24,207.68 $21,181.72
40 1,809 $61,940.16 $54,197.84
NOTES:
[11 If the DBH of a tree that has been removed is not specifically listed on the above chart the
civil penalty shall be the same as that of the next smallest DBH listed.
(D) A non-monetary penalty, in the form of increased or additional planting
requirements may be assessed in addition to or in lieu of any monetary penalties
prescribed under this Subsection.
(E) If payment of assessed penalties is not received or equitable settlement reached
within 30 days after demand for payment is made, the matter shall be referred to
the Town Attorney for initiation of a civil action in the name of the Town for recovery
of the penalty.
12.7 CUMULATIVE PENALTIES
The remedies provided for violations of this Ordinance, whether civil or criminal, shall be cumulative and in
addition to any other remedy provided by law,and may be exercised in any order.

2.1.5 Board of Adjustment
The Board of Adjustment is hereby established in accordance with North Carolina General Statutes
Section 160A-388. In addition to its duties as the Board of Adjustment, it shall also serve as the
Watershed Review Board.

4,,,,
2.3.5 Watershed Variance
(1) Purpose
The purpose and intent of this section is to establish the procedure and standards for a
Watershed Variance from the requirements in Section 4.2, Watershed Protection Overlay
District, and to distinguish between the role of the Watershed Review Board and the Board
CPre-Appl'rption of Adjustment in the review of Major and Minor Watershed Variance applications. In
Conference addition to its duties as the Board of Adjustment, the Board of Adjustment shall also serve as
the Watershed Review Board (Section 2.1.5)
(2) Authority
The Board of Adjustment is authorized to act as the Watershed Review Board and to review
Submit and decide applications for a Minor Watershed Variance and review and prepare a
Application recommendation to the North Carolina Environmental Management Commission regarding
applications for Major Watershed Variances.
(3) Major and Minor Watershed Variances Distinguished
Determination of (A) Minor Variance
Completeness
For the purposes of this section, a Minor Watershed Variance shall include
I applications seeking to vary the minimum lot size or the maximum lot coverage
provisions for lots in the Watershed Protection Overlay District by up to:
Staff (i) Five percent for developments using the high density option; and tt4-
Fbwew
(ii) Ten percent for developments using the low density option.
( -...---- Schedule (B) Major Variance
>------Hearing
Applications seeking to vary minimum lot size or maximum lot coverage by more
than the maximum percentages described in Section 2.3.5(3)(A), or seeking to vary
Schedule Public Applications
standards in the Watershed Protection Overlay District shall be decided by the
(� Notification North Carolina Environmental Management Commission following a review and
recommendation from the Watershed Review Board in accordance with the
standards of this section.
9afl
Report (4) Procedure
(A) Preliminary Procedures
The preliminary procedures and requirements for submission and review of an
WF8 Riblic Hearing/ application for a Major or Minor Watershed Variances, are established in Section
FLcommendation 2.2,Common Review Procedures.
(B) Review and Action by the Watershed Review Board on a Minor Watershed Variance
Transmittal b Applications for Minor Watershed Variances shall be processed in accordance with
BiAC the procedure for a Variance (see Section 2.3.4,Variance).
I (C) Review and Action by the Watershed Review Board on a Major Watershed Variance
"V Applications for a Major Watershed Variance shall be reviewed using the following
procedure:
BOA
Decision (i) After preparation of a Staff Report, public notification, and the scheduling
of a public hearing, the Watershed Review Board shall conduct a public
hearing on the application. At the public hearing, the Watershed Review
Watershed Board shall consider the application, the relevant support materials, the
Variance Staff Report, and the testimony given at the public hearing. Following the
public hearing, the Watershed Review Board shall make a written
recommendation to approve, approve with conditions, or deny the Major
Watershed Variance application based on the standards in Section 2.3.5(5),
Watershed Variance Standards, and Section 4.2, Watershed Protection
Overlay District.

(ii) The recommendation of the Watershed Review Board on the application
for a Major Watershed Variance shall be forwarded to the North Carolina
Environmental Management Commission along with all supporting
information including, but not limited to:
(a) The Major Watershed Variance application;
(b) Evidence of proper notification of the public hearing;
(c) A summary of all evidence presented at the Watershed Review
Board hearing on the application, including comments from other
local governments;
(d) Proposed findings and exceptions;and
(e) If recommended for approval, any Watershed Review Board-
sponsored conditions proposed to be added to the permit.
(iii) If the North Carolina Environmental Management Commission approves the
Major Watershed Variance, any conditions, stipulations or modifications it
requires shall become part of the Major Watershed Variance approval and
any Zoning Permit (see Section 2.3.11,Zoning Permit) subsequently issued by
the Town. If the North Carolina Environmental Management Commission
denies the application, the Major Watershed Variance application shall be
considered as denied, and the Town shall not accept an application for a
similar variance request affecting the same property(ies) for a period of one
year following the date of denial.
(5) Watershed Variance Standards
(A) The standards for review of a Watershed Variance by the Watershed Review Board
shall be the same standards in Section 2.3.4(4),Variance Standards.
(B) In no instance shall any of the aspects listed in Section 2.3.4(5), Insufficient
Justification for Variance, be used as a justification for approving or recommending
approval of a Watershed Variance.
(6) Conditions of Approval
The Watershed Review Board, in granting a Minor Watershed Variance, or providing a
recommendation on a Major Watershed Variance may prescribe appropriate conditions in
accordance with Section 2.2.15, Conditions of Approval.
(7) Effect of Approval
If an application for a Major Watershed Variance is approved by the North Carolina
Environmental Management Commission,or an application for a Minor Watershed Variance
is approved by the Watershed Review Board,the landowner may:
(A) Develop the use in accordance with the stipulations contained in the Watershed
Variance;or
(B) Develop any other use listed as a permitted use for the zoning district in which it is
located in accordance with the standards in this Ordinance.
(8) Appeals
Any appeal from the decision of the Watershed Review Board or the North Carolina
Environmental Management Commission shall be to the Superior Court for Iredell County by
petition for a writ of certiorari. Any petition to the Superior Court shall be filed with the Clerk
of Court no later than 30 days after the date the decision of the Watershed Review Board is
filed in the Planning Department,or after the date a written copy of the decision is delivered
(via personal delivery or by registered or certified mail, return receipt requested) to every

aggrieved party who has filed a written request for such copy with the Watershed Review
Board at the public hearing,whichever is later.
(9) Transmittal to the North Carolina Division of Water Quality
The Planning Department shall submit a copy of the minutes and decisions regarding any
Watershed Variance approvals on an annual basis to the NC Division of Water Quality

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4.2 WATERSHED PROTECTION OVERLAY DISTRICT (WPO)xxxiv
4.2.1 Purpose and Intent
The Watershed Protection Overlay District standards in this section are established in accordance
with the requirements in North Carolina General Statutes Section 143-214.5 related to water supply
watershed protection, and became effective on July 1, 1993. These standards are designed to
regulate density and impervious surface cover in water supply watershed areas in order to promote
public health, safety, and general welfare by protection of water supply water quality through
control of non-point source pollution within watershed protection areas.
4.2.2 Applicabilityxxxv
In accordance with North Carolina General Statutes Section 143-214.5, lands located within the
Watershed Protection Overlay Districts as shown on the Official Mooresville Watershed Protection
Map, and incorporated by reference into this Ordinance and the Official Map of Zoning Districts,
shall comply with the standards in this section.
4.2.3 Conflict with Other Standards
(1) In the event of conflict between the lot coverage provisions of the Watershed Protection
Overlay District and the other standards of this Ordinance or other Town requirements, the
most restrictive standard shall control.
(2) In cases where the standards of this subsection impose greater restrictions than an existing
easement, covenant, or other agreement, these standards shall control.
4.2.4 Exemption for Pre-Existing Conditions
(1) Development that was lawfully established prior to July 11, 1993, is not subject to the
requirements of this subsection. Expansions to existing structures shall meet the requirements
of this Section; however, the impervious surface area associated with the existing
development shall not be included in the impervious surface calculations.
(2) When determining the allowable amount of impervious surface coverage, any existing
impervious surface lawfully established on or before July 1, 1993, shall not be counted
toward the maximum impervious surface coverage amount. In the event that existing
impervious surface coverage is removed for a period of 180 days or greater, any
replacement impervious surfaces shall be subject to the maximum lot coverage limitations in
accordance with this section. 61_
4 S -
4.2.5 Establishment of Watershed Districts GV-e a 4]S
The boundaries of the Watershed Protection Overlay District are established by the North Carolina 1 f
Dive hick has designated c portion of the watershed as Water-Supply A )f, •
Watershed "Class II" (WS-II), and a portion of the watershed as Water-Supply Watershed "Class IV"
(WS-IV). The WS-IV portion of the watershed protection overlay is further divided into two sub-areas:
a Critical Area and a Protected Area. Each sub-area of the Watershed Protection Overlay District ' l
has a unique set of standards, and is designated on the Town's Official Watershed Protection Map J tttl
with one of the following classifications:
(1) WS-II-BW (Yadkin-Back Creek &Yadkin-Coddle Creek Balance of Watershed);
(2) WS-IV-CA (Catawba-Lake Norman Critical Area); or
(3) WS-IV-PA (Catawba-Lake Norman Protected Area).
4.2.6 WS-II-BW Balance of Watershedxxxvi
(1) General Provisions

4
As a means of maintaining a predominantly undeveloped character, all development
within the WS-II-BW portion of the Watershed Protection Overlay District shall utilize one of the
following three impervious surface coverage options:
,i (A) Low Impervious Surface Cover; /(5,.3 U
�(B) High Impervious Surface Cover;or
(C) "10-70" Provision.
(2) Low Impervious Surface Cover Option
The following standards apply to development utilizing the low impervious surface cover
option:
efi-fv kQ- ----�(A) Residential uses shall be limited to single-family detached dwellings with a maximum to
W density of one unit per acre;and h�} ju,,,) ;uT¢M/. a° . je4D no p►4- igaff
cf"
' lvUa 41t! (B) All other residential and nonresidential uses shall be developed such that the area
tikj associated with all impervious surfaces shall not exceed 12 percent of the lot or
project area where they are located.
(3) High Impervious Surface Cover Option
The following standards apply to development utilizing the high impervious surface cover
option:
(A) Approvals may only be granted by the Town Board of Commissioners.
(B) Residential uses shall be limited to single-family detached dwellings or duplex
'n dwellings as permitted by the underlying base zoning district.
tt" — (C) Residential densities shall not exceed that authorized by the underlying base zoning
district (see Table 3.4.2, Dimensional Standards).
0�J
(D) All other residential and nonresidential uses shall be developed such that the area
` a'4 associated with all impervious surfaces shall not exceed 30 percent of the lot or site f-
vvvot
�(, area where they are located.
(E) All development shall utilize engineered stormwater controls (i.e., Best Management
sitit �,/ Practices) configured in accordance with the standards in Section 4.2.10,
Stormwater Control Structures, to control runoff from the first inch of rainfall falling
during a storm event, and direct storm water away from surface waters.
(F) In cases where new development requires an amendment to the Official Zoning
District Map, the development shall obtain a Conditional Use Permit in accordance
with the requirements in Section 2.3.3, Conditional Use Permit.
(G) In cases where the development proposal does not require an amendment to the
Official Zoning Map, a Concept Plan prepared in accordance with Section 2.3.8,
Concept Plan,shall be approved by the Town� ' Board of Commissioners.
(4) 10-70 Provision Option-- itw`o a.A (oc • -Ws Vnk4 ( ((LL22 I 6,A) (bi L
Development within the Coddle Creek and Back Creek portions of theS-II-BVO Watershed gitit
Protection Overlay District (as identified on the Official Watershed Protection Map
incorporated herein by reference) may be configured such that impervious surface area I CO
occupies up to 70 percent of the lot or site area provided: I ,
(A) Applicability
rely 4 d (i) The total amount of square footage associated with a development
located in the Back Creek portion of the WS-II-BW does not exceed 10
1 �"�,lt� \ percent of the entire Back Creek watershed area located within the Town's
(f jurisdiction;and 440e4 41,4 m•.-p 7
(ii) The total amount of square footage associated with a development
(',� located in the Coddle Creek portion of the WS-II-BW does not exceed five <A�

a �
etiy /Q('‘°131j
�_��V' percent of the entire Coddle Creek watershed area located within the
1177 Town's jurisdiction.
(B) Standards
(i) The development includes ten or more acres;
(ii) All development shall utilize engineered stormwater controls (i.e., Best
Management Practices) configured in accordance with the standards in fie
Section 4.2.10, Stormwater Control Structures, to control runoff from the first
inch of rainfall falling during a storm event, and direct storm water away
from surface waters;
(iii) The development is within 660 linear feet of a signalized intersection of two
arterial or higher order streets;
(iv) The development is composed solely of nonresidential uses;
(v) The development shall address a demonstrated community need such as
the need for additional public infrastructure, neighborhood-serving
nonresidential services, civic, economic development, or educational
services;
(vi) The proposal is consistent with the Town's Comprehensive Land Use Plan;
(vii) The development is or will be served by public utilities;
i J'�v D` 44/1 (viii) The project will mitigate traffic concerns either by installation of roadway
improvements as required by a Traffic Impact Analysis (see Section 9.2),
reducing existing traffic trips or a combination of the two;
(ix) The project proposal includes a site plan describing the layout and uses of
the site;
(x) In cases where new development requires an amendment to the Official
Zoning District Map, the development shall obtain a Conditional Use Permit
in accordance with the requirements in Section 2.3.3, Conditional Use
Permit;
(xi) In cases where the development proposal does not require an amendment
to the Official Zoning Map, a Concept Plan prepared in accordance with
Section 2.3.8, Concept Plan, shall be approved by the Town Board of
Commissioners;and
(xii) Issuance of a Building Permit shall occur within 12 months of the approval of
the Concept Plan. Failure to obtain a Building Permit within 12 months shall
render the application void.
(C) Timing and Approval
. , n , Meeting the criteria does not guarantee approval of the request. If the Town Board
I
S (�
U approves the request, the development must begin construction within 12 months
11>3 of the approval. If construction cannot begin with 12 months, the applicant may
request one extension not to exceed six months. If the construction does not
l,, )9 commence within the allotted time period, the approval of the 70 percent request
U becomes null and void. The Planning Department shall maintain records of the
v � Town's utilization of the 10-70 Provision Option including the total amount of
rekl / acreage available under this option, total acres pproved for this option, and site-
specific information on each development empl ying this option.
4.2.7 WS-IV-CA Critical Area
All development on lots located within the WS-IV-CA portion of the Watershed Protection Overlay
District shall comply with the following standards:
(1) Landscaped Buffer

a
All developments (including any phase) of less than one acre shall maintain a ten-foot-wide
landscaped perimeter buffer around the entire lot (except areas needed for ingress and
egress) unless underlying base zoning district requirements specify a wider buffer. Lots of
one acre in size or larger shall be exempt from this requirement.
(2) Impervious Surface Cover Options
All new development that includes land disturbing activities affecting an area of one acre
or more in size shall prepare an erosion/sedimentation control plan consistent with the
requirements in the Town's Land Development Design Guidelines Manual and shall utilize
one of the following two impervious surface cover options:
(A) Low mpervious option S o,-x
(i) Single-family detached and duplex uses shall be limited to a maximum
density of two units per acre wand 61K01 J
(ii) All other residential uses and nonresidential uses shall be developed such
that the area associated with all impervious surfaces shall not exceed 24
percent of the lot area where they are located.
(B) High Impervious Option
(i) Residential uses and densities shall not exceed that authorized by the
underlying base zoning district;
(ii) Nonresidential uses shall be developed such that the area associated with
all impervious surfaces shall not exceed 50 percent of the lot, site, or project
area where they are located;
(iii) All development shall utilize engineered stormwater controls (i.e., Best
Management Practices) configured in accordance with the standards in
Section 4.2.10, Stormwater Control Structures, to control runoff from the first
inch of rainfall falling during a storm event, and direct storm water away
from surface waters;
(iv) In cases where new development requires an amendment to the Official
Zoning District Map, the development shall obtain a Conditional Use Permit
in accordance with the requirements in Section 2.3.3, Conditional Use
Permit;and
(v) In cases where the development proposal does not require an amendment
to the Official Zoning Map, a Concept Plan prepared in accordance with
Section 2.3.8, Concept Plan, shall be approved by the Town Board of
Commissioners.
(3) Riparian Buffers
Development within the WS-IV-CA portion of the Watershed Protection Overlay District shall
comply with the standards in Section 4.2.9, Riparian Buffers.
4.2.8 WS-IV-PA Protected Area
All development on lots located within the WS-IV-PA portion of the Watershed Protection Overlay
District shall comply with the following standards:
(1) Landscaped Buffer
All lots of less than one acre shall maintain a ten-foot-wide landscaped perimeter
buffer around the entire lot (except areas needed for ingress and egress) unless
underlying base zoning district requirements specify a wider buffer. Lots of one acre
in size or larger shall be exempt from this requirement.
(2) Impervious Surface Cover Options

All new development that includes land disturbing activities affecting an area of
one acre or more in size shall prepare an erosion/sedimentation control plan
consistent with the requirements in the Town's Land development Design Guidelines
Manual and shall utilize one of the following two impervious surface cover options:
(A) Low Impervious Option
(i) Single-family detached dwellings or duplex uses shall be limited to a
maximum density of two units per acre;and dr - 3Q 1/3
(ii) All other residential and nonresidential uses shall be developed such that
the area associated with all impervious surfaces shall not exceed 24
percent of the lot area where they are located.
(B) High Impervious Option
(i) Residential density shall be limited to units permitted by the underlying base
zoning district;
(ii) Residential densities shall not exceed that authorized by the underlying
base zoning district;
(iii) Nonresidential uses shall be developed such that the area associated with
all impervious surfaces shall not exceed 70 percent of the lot,site, or project
area where they are located;
(iv) All development shall utilize engineered stormwater controls (i.e., Best
Management Practices) configured in accordance with the standards in
Section 4.2.10, Stormwater Control Structures, to control runoff from the first
inch of rainfall falling during a storm event, and direct storm water away
from surface waters;
(v) In cases where new development requires an amendment to the Official
Zoning District Map, the development shall obtain a Conditional Use Permit
in accordance with the requirements in Section 2.3.3, Conditional Use
Permit;and
(vi) In cases where the development proposal does not require an amendment
to the Official Zoning Map, a Concept Plan prepared in accordance with
Section 2.3.8, Concept Plan, shall be approved by the Town Board of
Commissioners.
(3) Riparian Buffers
Development within the WS-IV-PA portion of the Watershed Protection Overlay District shall
comply with the standards in Section 4.2.9, Riparian Buffers.
4.2.9 Riparian Buffers
(1) Lot Bordering Catawba River or Lake Norman
Development located on lots bordering the Catawba River or Lake Norman (as depicted on
the most up-to-date version of a United States Geologic Survey 1:24,000 (7.5 minute) map)
or any perennial stream that empties into the Catawba River, or Lake Norman, or any
perennial or intermittent stream surveyed through hydrologic study determined to be
classified as Territorial Waters of the State,shall maintain a Riparian Buffer measured from the
760 contour line in accordance with the following standards:
(A) Development utilizing the Low Impervious Surface Cover Option shall provide an
undisturbed Riparian Buffer with a minimum width of 50 feet to the associated water
body measured from the 760 contour line for Lake Norman/Catawba River. The first
30 feet of buffer area bordering the water body shall remain undisturbed, and the

remaining 20 feet may be disturbed, but shall be revegetated following any
disturbance.
(B) Development utilizing the High
Impervious Surface Cover
Option shall provide a Riparian LOTS BORDERING LAKE NORMAN OR CATAWBA RIVER
Buffer with a minimum width of Buffer for Hi h
9 �,
100 feet measured Impervious Surface
perpendicular and parallel to Cover Option
the associated water body. Buffer for Low f
The first 50 feet of buffer area Impervious Surface
bordering the water body shall Cover Option
remain undisturbed, and the 760•Contour Line
remaining 50 feet may be
disturbed, but shall be re-
Lake Norman/
vegetated following any Catawba River
disturbance in accordance /JJ
with an approved V
Revegetation Plan.
Sod
(2) Other Water Bodies 50'
Lots bordering any other perennial
streams located within the Watershed LOTS BORDERING OTHER PERENNIAL STREAMS IN THE WPO
Protection Overlay District (as Buffer for Low Impervious Surface Cover Option
depicted on the most up-to-date Top of Stream Bank
version of a United States Geologic so• so•
Survey 1:24,000 (7.5 minute map) or
any perennial or intermittent stream
Buffer for High Impervious Surface Cover Option
surveyed through hydrologic study
determined to be classified as
Territorial Waters of the State shall
)1/ maintain a Riparian Buffer measured Figure 4.2.9: Riparian Buffers. This diagram
from the top of each stream bank in illustrates how buffers for low and high
accordance with the following impervious surface cover developments are
standards: measured.
(A) Development utilizing the Low
Impervious Surface Cover Option shall provide an undisturbed Riparian Buffer with a
minimum width of 50 feet measured perpendicular and parallel to the associated
water body from the top of the stream bank.
(B) Development utilizing the High Impervious Surface Cover Option shall provide a
Riparian Buffer with a minimum width of 100 feet measured perpendicular and
parallel to the associated water body. The first 50 feet of buffer area bordering the
water body shall remain undisturbed, and the remaining 50 feet may be disturbed,
but shall be re-vegetated following any disturbance.
(3) Allowable Development within Riparian Buffer
No new development is allowed within a Riparian Buffer except for water-related facilities
(e.g., piers, docks, etc.), or other incidental structures such as flag poles, signs and security
lights. Public infrastructure such as road crossings, utility line placement, and greenways are
allowed where no practical alternative exists, but these activities should minimize impervious
surface area, avoid large amounts of vegetation removal, direct runoff away from the
surface waters,and maximize the utilization of stormwater Best Management Practices.
4.2.10 Stormwater Control Structures
Developments required to provide engineered stormwater control structures shall provide these
features only in accordance with the following standards.
(1) Professionally Designed

All stormwater control structures, also known as "Best Management Practices" shall be
designed by a North Carolina registered professional engineer, architect, or landscape
architect,with qualifications appropriate for the type of system required.
(2) Consistent with State and Local Requirements
Stormwater control structures shall be designed in accordance with the most recent version
of the State of North Carolina's Best Management Practice ordinance, and configured in
accordance with the Engineering Development Guidelines for the Town of Mooresville.
(3) Suspended Solid Removal
Stormwater control structures or Best Management Practices shall be designed to remove at
least 85 percent of total suspended solids in the permanent pool and storage runoff from the
first inch of rainfall falling during a storm event.
4.2.11 Amendments to Watershed Protection Overlay District Regulations
Any amendment to the boundaries of the Watershed Protection Overlay District or watershed
districts (see Section 2.3.1, Official Zoning District Map or Text Amendment) shall be referred to the
North Carolina Division of E nager or their review prior to consideration by the
Town Board of Commissioners. („0
jiyre ibi idt6Opalvf mil-' Soil) C A1416
„sik /1- 02 , /WV/ (o
c✓
(141r r0

4.3
NOTE:This section in the initial draft of the LDO included provisions related to interpretation of the watershed map.This
procedure is now located in Section 1.7.4.
NOTE:The Initial Draft of the LDO included language about prohibited development within the WPO(e.g.,inadequate
on-site wastewater systems,improper storage of refuse in a buffer,improper stormwater management,etc.). This section has
not been carried forward.Most of the aspects covered in the original section are described as violations in Chapter 12,which
should be sufficient.
NOTE:Until such time as this Ordinance is approved by the state of North Carolina Division of Water Quality(NCDWQ),
the current section shall apply.