WSMU_CLAY_WSWP Ordinance_20220322

ARTICLE 5: NATURAL RESOURCE PROTECTION
§ 155.500 RESOURCE CONSERVATION AREAS.
(A) Determination of resource conservation areas. The following are considered resource conservation areas and shall
be unoccupied by buildings or other impervious surfaces unless permitted below.
(1) The 100-year flood plain;
(2) Stream buffer areas;
(3) Jurisdictional wetlands under federal law that meet the definition applied by the United States Army Corps of
Engineers; and
(4) Natural steep slopes defined as slopes 25% (4:1) or greater that are directly connected to one of the above
features, and at 5,000 square feet of contiguous area.
(B) Defined.
(1) Resource conservation areas shall be identified on plats as being permanently set aside from development, except
passive uses pursuant to this chapter. No resource conservation area shall be counted towards lot area required by §§
155.200 through 155.204, with the exceptions for stream buffers pursuant to G.S. § 143-214.23A. This shall not preclude the
platting of lots in such areas, provided that adequate lot area outside the resource conservation area is provided to meet the
minimum lot area requirements of §§ 155.200 through 155.204.
(2) No resource conservation area shall be counted towards the recreation and open space requirements as set forth in
§§ 155.200 through 155.204, with the exceptions for stream buffers pursuant to G.S. § 143-214.23A; developed greenway,
greenway-access or water -access facilities may be counted provided they are developed to the standards of this chapter.
(C) Resource conservation areas shown on plat. All resource conservation areas shall be shown on any preliminary or
final plat approved after January 1, 2006.
(D) Permitted uses of resource conservation areas. Uses of resource conversation areas may include the following:
(1) Conservation areas for natural, archeological or historical resources;
(2) Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation -oriented areas;
(3) Agriculture, horticulture, silviculture or pasture uses, provided that all applicable best management practices are
used to minimize environmental impacts;
(4) Walking or bicycle trails;
(5) Easements for drainage, access, and underground utility lines;
(6) Other conservation -oriented uses compatible with the purposes of this chapter; or
(7) Public infrastructure projects and supporting facilities.
(E) Prohibited uses of resource conservation areas. Use of resource conservation areas may not include the following:
(1) Stormwater control measures;
(2) Roads, parking lots and impervious surfaces, except as specifically authorized through the appropriate governing
body (DEQ, USACE, etc.); and
(3) Golf courses, agricultural and forestry activities not conducted according to accepted best management practices.
(F) Ownership and maintenance.
(1) Ownership. Resource conservation areas shall be accepted and owned by one of the following entities:
(a) Land conservancy orland trust. The responsibility for maintenance shall be borne by a land conservancy or land
trust.
(b) Homeowners' association. A homeowners' association representing residents of the subdivision shall own the
resource conservation areas. Membership in the association shall be mandatory and automatic for all homeowners of the
subdivision and their successors. The homeowners' association shall have lien authority to ensure the collection of dues
from all members. The responsibility for maintenance shall be borne by the homeowners' association.
(c) Private landowner. A private landowner may retain ownership of the resource conservation areas. The
responsibility for maintenance shall be borne by the private landowner.
(2) Maintenance. Resource conservation area maintenance is limited to removal of litter, dead tree and plant materials
and brush. Natural water courses are to be maintained as free -flowing and devoid of debris. Stream channels shall be
maintained so as not to alter floodplain levels. Unless otherwise specified by the Town Council, maintenance is limited to
ensuring that there exist no hazards, nuisances or unhealthy conditions.
(3) Legal instrument for permanent protection.

(a) Resource conservation areas shall be protected in perpetuity by a binding legal instrument that is recorded with
the deed.
(b) The instrument for permanent protection shall include clear restrictions on the use of the of resource conservation
area. These restrictions shall include all restrictions contained in this section, as well as any further restrictions the applicant
chooses to place on the use of the resource conservation areas. Where appropriate, the instrument shall allow for stream or
habitat restoration.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2021-02-02, passed 2-15-21; Am. Ord. 2021-11-04, passed 11-15-21; Am.
Ord. 2022-01-01, passed 1-18-22)
§ 155.501 WATERSHED PROTECTION.
(A) Authority. The State Legislature has, in G.S. §§ 143-214.5,§§ 160D-701, 160D-801, and 160D-926, delegated the
responsibility and authority to local governmental units to establish water supply watershed protection programs, to regulate
land use and development within water supply watersheds, and to adopt regulations designed to promote the public health,
safety and general welfare of its citizenry.
(B) Intent. The intent of this section is to provide, in the designated watershed area, a higher level of control from
activities and situations that could degrade the quality of the water entering the Neuse River which serves as a public water
source for the town and other jurisdictions.
(1) Unless specifically exempt below, the provisions of this section shall apply to development within the Watershed
Protection Overlay (-WP), G.S. § 143-214.5.
(2) These requirements shall not apply to development existing as of January 1, 2006 except as provided ir§ 155.719,
and shall not apply to a single-family detached, zero lot line, alley -loaded or accessory dwelling units developed on an
existing lot.
(C) Public health requirements. No activity, situation, structure or land use shall be allowed within the -WP Overlay which
poses a threat to water quality and the public health, safety, and welfare. Such conditions may arise from inadequate on -site
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.
(D) Permitted uses. The following uses and activities are permitted provided such uses are also permitted in the
underlying zoning district, and providing that the restrictions stated herein are met.
(1) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and
Trade Act of 1990.
(2) Silviculture, using BMPs required to implement the provisions of the Forest Practices Guidelines Related to Water
Quality.
(3) Residential development.
(4) Nonresidential uses, excluding discharging landfills and sludge application sites, mining and quarrying activities,
and the storage of toxic and hazardous materials unless a spill containment plan is implemented.
(E) Density and impervious surface limitations. For the purpose of calculating impervious surface area, total project area
shall include total acreage in the parcel on which the project is to be developed.
(1) Single family detached, zero lot line, alley -loaded. Unless approved under the terms of division (E)(4) below, single-
family detached, zero lot line and alley -loaded dwelling units shall not exceed two dwelling units per acre or 36% of
impervious surface area as defined on a project -by -project basis. No residential lot shall be less than 1/3 acre, except within
an approved open space residential subdivision, which meets the standards established in Article 2.
(2) All other residential and nonresidential development. Unless approved under the terms of division (E)(4) below, all
other residential and nonresidential development shall not exceed 24% of impervious surface area on a project -by -project
basis unless storm water quality mitigation structures are installed and maintained by the property owner.
(3) Vegetative swales and vegetative swale outlets.
(a) All residential development within the -WP Overlay requiring sediment and erosion control permits shall utilize a
curb and gutter stormwater collection system when practicable. When a curb and gutter stormwater collection system is
used, the system shall utilize vegetative swale outlets to mitigate point -source stormwater flow out of the system into
downstream creeks, streams, and waterways when practicable. The following standards shall apply to the use of vegetative
swale outlets:
1. The vegetative swale outlet shall be designed and constructed to accommodate the peak stormwater flow from
the ten-year storm, and the velocity of the flow shall be non -erosive;
2. The side -slopes of the vegetative swale shall not be steeper than 5:1 (horizontal to vertical). When this is not
practicable due to physical or topographic constraints, devices to slow the rate of stormwater flow and to encourage

infiltration to reduce pollutant delivery shall be provided; and
3. The vegetative swale outlet shall be as wide and long as practicable under the circumstances to maximize the
stormwater flow mitigation effect of the outlet.
(b) When the Town Engineer determines that a curb and gutter stormwater collection system is not the preferred
means of controlling stormwater runoff, vegetative swales (with vegetative swale outlets) shall be utilized in lieu of a curb
and gutter stormwater collection system when practicable. If site or development conditions do not favor the exclusive use of
vegetative swales, hybrid stormwater drainage systems utilizing elements of vegetative swales and curb and gutter
stormwater collection systems may be considered. The standards set out in division (a) above shall apply to the use of
vegetative swale outlets, and the following standards shall apply to the use of vegetative swales in lieu of curb and gutter
stormwater collection systems shall follow the requirements of 15A NCAC 02H.1061.
(c) For purposes of this section, the characteristics of the site and proposed development shall be considered in
determining the practicability of utilizing vegetative swales and vegetative swale outlets and the design characteristics
thereof, including soil types and compaction, topography, roadway and driveway design, lot sizes, front lot -line distances,
and the need for and availability of sidewalks and pedestrian facilities in the development.
(d) Alternative stormwater control measures shall be considered by the town to satisfy the objectives of this section to
provide safe and adequate pedestrian and road networks and facilities, control peak stormwater flow discharges, reduce
total stormwater runoff volume, provide effective trapping and filtering of stormwater pollutants, and reduce the
channelization and erosive velocity of stormwater runoff.
(4) Industrial (I-1, I-2) or Business (B-1, B-2, B-3) Districts. In addition to the development allowed under divisions (E)
(1) and (E)(2) above, new development and expansions to existing developments may be approved on a project -by -project
basis with impervious surfaces not exceeding 70% of the new project area within 10% of the total regulated watershed
protection area, when approved by the Council as a special intensity allocation (SIA). The Planning Director shall be
responsible for maintaining necessary records of SIA approvals as required. Projects developed under the terms of this
division shall minimize impervious areas when feasible, give full consideration to dimension of proposed and required
riparian buffers, direct storm water away from surface waters when possible, and follow best management practices in
design of measures to minimize negative water quality impacts.
(F) Open space subdivision. Open space residential subdivisions (see §§ 155.200 through 155.204) are allowed in the -
WP Overlay with the following requirements:
(1) Density or impervious surface limitations of the project shall not exceed division (E) above.
(2) All impervious surfaces shall be designed and located to minimize stormwater runoff impact to the receiving waters
and minimize concentrated storm water flow.
(G) Changes and amendments. The Town Council may, on its own motion or on petition, after public notice and hearing,
amend, supplement, change, or modify these requirements. All applications for changes, supplements, amendments, or
modifications of this section shall follow the procedures outlined in § 155.703. Under no circumstances shall the Town
Council adopt such amendments, supplements, or changes that would cause this section to violate the Water Supply
Watershed Protection Rules as adopted by the state. All amendments must be approved and filed with the state.
(H) Planning Director.
(1) (a) The Planning Director shall monitor land use activities within the -WP Overlay.
(b) The Planning Director shall report all findings to any appropriate public agency or official and request
recommendations and assistance.
(c) Where the Planning Director finds an apparent violation to water quality and the public health, safety, and welfare,
the Town Engineer shall institute any appropriate action in accordance with the provisions of § 10.99 of the Town Code of
Ordinances.
(2) The Planning Director shall keep records of all amendments to this section, and shall provide copies of all
amendments upon adoption to the appropriate state agency.
(3) The Planning Director shall keep a record of variances to this section (see §155.716(G)). This record shall be
submitted to the appropriate state agency on an annual basis on or before January 1, and shall provide a description of each
project receiving a variance and the reasons for granting the variance.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2006-02-02, passed 2-20-06; Am. Ord. 2007-05-04, passed 5-7-07; Am. Ord.
2021-02-02, passed 2-15-21)
§ 155.502 STREAM BUFFERS.
(A) Stream buffer required.
(1) All development is subject to stream buffers and associated requirements outlined in 15A NCAC 02B.0714.
(2) Applicants may request from NC DEQ an on -site determination pursuant to 15A NCAC 02B.0714(4).
(B) Allowable and permitted uses. Allowable and permitted uses within a stream buffer are specified in 15A NCAC

02B.0714(11).(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2021-02-02, passed 2-15-21)