WSMU_BOON_WSWP Ordinance_20230614

ARTICLE 29 WATERSHED PROTECTION
29.01 Adoption Date and Effective Date 29-1
29.02 Jurisdiction 29-1
29.03 Exceptions to Applicability 29-1
29.04 Establishment of Watershed Review Boards 29-2
29.05 Establishment of Watershed Areas 29-2
29.06 Watershed Areas Described 29-2
29.07 Cluster Development 29-4
29.08 Buffer Areas Required 29-5
29.09 Rules Governing the Interpretation of Watershed Area Boundaries 29-5
29.10 Existing Development 29-5
29.11 Watershed Protection 29-5
29.12 Public Health,Safety, and General Welfare 29-6
29.01 Adoption Date and Effective Date
29.01.01 The provisions in this Article were originally adopted on May 27, 1993 and became effective
on June 30, 1993. The authority for implementation of the Water Supply Watershed
Regulations are in the N.C. Gen. Stat. § 160D-926 Water Supply Watershed Management
and N.C. Gen. Stat. § 143,Article 21,Watershed Protection Rules.
(Ord. PL04727-050721, 07-01-2021)
29.02 Jurisdiction
29.02.01 The provisions of the Article shall apply within the areas designated as a Public Water
Supply Watershed by the North Carolina Environmental Management Commission and
shall be defined and established on the map entitled, "Watershed Protection Map of
Boone, North Carolina" ("The Watershed Map"), which is adopted simultaneously
herewith.The watershed map and all explanatory matter contained thereon accompanies
and is hereby made a part of this Article.
29.03 Exceptions to Applicability
29.03.01 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 Article amend, modify,
or restrict any provisions of the Code of Ordinances of the Town of Boone; however, the
adoption of this Article shall and does amend any and all ordinances, resolutions, and
regulations in effect in the Town at the time of the adoption of this Article that may be
construed to impair or reduce the effectiveness of this Article or to conflict with any of its
provisions.
29.03.02 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
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Article 29 Watershed Protection
greater restrictions or higher standards for the use of a building or land,then the provisions
of these regulations shall control.
29.03.03 Existing development is not subject to the requirements of this Article. Expansions to
structures classified as existing development must meet the requirements of this Article,
however,the built upon area of the existing development is not required to be included in
the density calculations.
29.03.04 A pre-existing lot owned by an individual prior to the effective date of this Ordinance,
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
Ordinance. However, this exemption is not applicable to multiple contiguous lots under
single ownership.
29.04 Establishment of Watershed Review Boards
29.04.01 The Planning Commission shall act as the Watershed Review Board on all subdivision
regulation matters. The Board of Adjustment shall act as the Watershed Review Board on
all other matters regarding this Ordinance.
29.05 Establishment of Watershed Areas
29.05.01 The purpose of this Section is to list and describe the watershed areas herein adopted.
29.05.02 For purposes of this Article the Town and its extraterritorial jurisdiction are hereby divided
into the following areas, as appropriate:
A. WS-II-CA(Critical Area)
B. WS-IV-CA (Critical Area)
C. WS-IV-PA(Protected Area)
29.06 Watershed Areas Described
29.06.01 WS-II Watershed Areas Critical Area (WS-II-CA): In order to maintain a predominately
undeveloped land use intensity pattern, single family residential uses shall be allowed at a
maximum of one(1)dwelling unit per two(2)acres.All other residential and nonresidential
development shall be allowed at a maximum six percent (6%) built upon area. New sludge
application sites and landfills are specifically prohibited.
A. Allowed uses are:
1. Agriculture subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990.
2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality(15 NCAC 11.6101-.0209).
3. Residential development, including both single family and all other residential.
4. Non-residential development, excluding:
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a. The storage of toxic and hazardous materials unless a spill containment plan is
implemented,
b. Landfills, and
c. Sites for land application of sludge/residuals or petroleum contaminated soils.
New industrial development is required to incorporate adequately designed,
constructed and maintained spill containment structures if hazardous
materials are used, stored or manufactured on the premises.
B. Density and built upon limits:
1. Single family residential development shall not exceed one (1) dwelling unit per
two (2) acres on a project by project basis. No residential lot shall be less than two
(2) acres, except within an approved cluster development.
2. All other residential and non-residential development shall not exceed six percent
(6%) built upon area on a project by project basis. 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.
29.06.02 WS-IV Watershed Areas Critical Area (WS-IV-CA): In order to address a moderate to high
land use intensity pattern, single family residential uses are allowed at a maximum of two
(2) dwelling units per acre. All other residential and non-residential development shall be
allowed twenty-four percent (24%) built-upon area. New sludge application sites and
landfills are specifically prohibited.
A. Allowed uses are:
1. Agriculture subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990.
2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality(15 NCAC 11.6101-.0209).
3. Residential.
4. Non-residential development, excluding:
a. The storage of toxic and hazardous materials unless a spill containment plan is
implemented,
b. Landfills, and
c. Sites for land application of sludge/residuals or petroleum contaminated soils.
B. Density and built upon limits:
1. Single family residential development shall not exceed two (2) dwelling units per
acre on a project by project basis. No residential lot shall be less than one half(1/2)
acre, except within an approved cluster development.
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2. All other residential and non-residential development shall not exceed twenty-four
percent (24%) 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.
29.06.03 WS-IV Watershed Areas Protected Area(WS-IV-PA): In order to address a moderate to high
land use intensity pattern,single family residential uses shall develop at a maximum of two
(2) dwelling units per acre. All other residential and non-residential development shall be
allowed at a maximum of twenty-four percent (24%) built upon area.
A. Uses allowed are:
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, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality(15 NCAC 11.6101-.0209).
3. Residential development.
4. Non-residential development, excluding the storage of toxic and hazardous
materials unless a spill containment plan is implemented.
B. Density and built upon limits:
1. Single family residential development shall not exceed two (2) dwelling units per
acre,on a project by project basis. No residential lot shall be less than one half(1/2)
acre, except within an approved cluster development.
2. All other residential and non-residential development shall not exceed twenty-four
percent (24%) 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.
29.07 Cluster Development
29.07.01 Clustering of development is allowed in all watershed areas under the following conditions:
A. Built upon area or stormwater control requirements of the project shall not exceed that
allowed for the critical area or balance of watershed, whichever applies.
B. All built upon area shall be designed and located to minimize stormwater runoff impact
to the receiving waters and minimize concentrated stormwater flow.
C. The remainder of the tract shall remain in a vegetated or natural state. Where the
development has an incorporated property owner's 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.
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Town of Boone
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29.08 Buffer Areas Required
29.08.01 A minimum thirty-foot (30') 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
stream bank or shoreline stabilization is permitted.
29.08.02 No new development is allowed in the buffer except for water dependent structures 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 stormwater Best Management Practices.
29.09 Rules Governing the Interpretation of Watershed Area Boundaries
29.09.01 The boundaries of the watershed areas are as shown on the Official Watershed Map.
Where uncertainty exists, the Administrator shall interpret the Watershed Map as to
location of such boundaries.
(Ord. PL04727-050721, 07-01-2021)
29.10 Existing Development
29.10.01 Any existing development may be continued and maintained subject to the provisions
provided herein. Expansions to structures classified as existing development must meet the
requirements of this Ordinance, however,the built upon area of the existing development
is not required to be included in the density calculations.
29.11 Watershed Protection
29.11.01 Except where a single family residence is constructed on a lot deeded prior to the effective
date of this Ordinance, no building or built upon area shall be erected, moved, enlarged or
structurally altered, nor shall any zoning or 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 Administrator. No watershed protection permit shall be issued except in
conformity with the provisions of this Ordinance.
29.11.02 Watershed protection permit applications shall be filed with the Administrator. The
application shall include a completed application form and supporting documentation
deemed necessary by the Administrator.
29.11.03 Prior to issuance of a watershed protection permit, the Administrator may consult with
qualified personnel for assistance to determine if the application meets the requirements
of this Ordinance.
29.11.04 A watershed protection permit shall expire if a zoning or building permit for such use is not
obtained by the applicant within twelve (12) months from the date of issuance.
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29.12 Public Health, Safety, and General Welfare
29.12.01 All development shall be located, designed, and proposed so as to promote the public
health, safety, and general welfare. All development shall comply with all required
regulations and standards in this Ordinance as well as conform with the general plans for
the physical development of the Town as embodied in this Ordinance and in the
comprehensive plan.
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