WSMU_MAYO_WSWP Ordinance_20230807

ARTICLE XVII—WATERSHED REGULATIONS
Section 1 General
1.1 Intent
The watershed overlay districts are established to impose higher development
standards upstream and draining into a drinking water supply than are generally
imposed on land uses in the planning area. The intent is to exclude certain
activities and to maintain current development patterns in order to prevent the
risks of pollution from more intense land uses. The watershed is divided into two
parts: critical area, which is an area half a mile upstream from the water intake
and draining into the Mayo River; and the protected area, which is the area ten
(10)miles upstream and draining into the river, minus the critical area. Because
the risk of pollution is directly related to the proximity to the water supply,
development standards are higher in the critical area than in the balance of the
watershed. Only new development activities that require an erosion and
sedimentation control plan under state law are required to meet the provisions of
this article when located in the WS-IV watershed.
1.2 Authority
These watershed regulations are adopted and enforced pursuant to G.S. 160DA,
Article 19, Local Planning and Development Regulations (See also Article I,
Section 1) and G.S. 143-214.5 Water Supply and Watershed Protection.
1.3 Jurisdiction
The provisions of these regulations shall apply within the area designated as a
public water supply watershed by the N.C. Environmental Management
Commission and shall be defined and established on the map entitled, "Mayodan
Watershed Protection Map,"which is adopted simultaneously with the text and is
a part of these regulations.
1.4 Adoption and Effective Date
The water supply watershed protection amendments were duly adopted
September 13, 1993 by the Town Council of Mayodan,North Carolina. These
amendments to the Mayodan Zoning Ordinance shall be effective October 1, 1993
and June 7, 2021.
1.5 Exceptions to Regulations
(a) Existing development, as defined in Section 2, Definitions, is not subject to the
requirements of these regulations. Expansions to structures classified as existing
development must meet the requirements of these regulations. However, the
Page 17 - 1

built-upon area of the existing development is not required to be included in the
density calculations.
(b) If a non-conforming 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 these regulations if it is developed for single family purposes.
1.6 Criminal Penalties
(a) In addition to the penalties imposed by Article XV, Section 7 of the Mayodan
Zoning Ordinance, the North Carolina 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 violation.
Section 2 Definitions
The following definitions apply specifically to the watershed overlay districts:
Agricultural Use. The use of waters for stock watering, irrigation, and other farm purposes.
Animal Units. A unit of measurement developed by the U.S. Environmental Protection Agency
that is used to compare different types of animal operations. One hundred(100) equals to 70
dairy cows, 100 beef cattle, 250 hogs, 50 horses, 1,000 sheep, 10,000 chickens with continuous
overflow water, or 500 ducks.
Best Management Practices (BMP's). 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.
Buffer(watershed). An area of natural or planted vegetation through which stormwater 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 bank of each side of streams or
rivers.
Built-upon Area (impervious 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 areas (e.g. roads, parking lots,paths), recreation facilities (e.g. tennis
courts), etc. (Note: wooden slatted decks and the water area of a swimming pool are considered
pervious.)
Cluster Development. The grouping of buildings in order to conserve land resources and
provide for innovation in the design of the project. This term includes non-residential
development as well as single-family residential and multi-family developments. For the
Page 17 - 2

purpose of this ordinance,planned unit development and mixed use development use are
considered as cluster development.
Critical Area. 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). 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.
Development. 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. A facility with liners, monitoring equipment and other measures to detect
and/or prevent leachate from entering the environment and in which the leachate is treated on
site and discharged to a receiving stream.
Existing Development. Those projects that are built or those projects that a minimum have
established a vested right under North Carolina zoning law as of the effective date of this
ordinance based on at least one of the following criteria:
(1) substantial expenditures of resource (time, labor, money)based on a good faith
reliance upon having received a valid local government approval to proceed with the
project, or
(2) possession of a valid building permit as authorized by the General Statutes (G.S.
153A-344.1)
(3) substantial expenditure of resources (time, labor, money) and having an approved site
plan as authorized by the General Statutes (G.S. 160D— 102 and 108.1A-385.1)
Hazardous Material. Any substance listed as such in: SARA section 302, Extremely
Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA(oil and
hazardous substances).
Industrial Development. Any non-residential 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.
Page 17 - 3

Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance
with Chapter 130A, Article 9 of the N.C. General Statutes. For the purpose of this ordinance,
this term does not include composting facilities.
Major Watershed Variance. A variance that would completely eliminate a management
requirement, or reduce a management requirement with a numerical standard by more than ten
(10)percent.
Minor Watershed Variance. Any variance of the watershed regulations not meeting the
definition of a major watershed variance above.
Non-conforming Lot of Record. A lot described by a plat or a deed that was recorded prior to
the effective date of this ordinance that does not meet the minimum lot size or other development
requirements of the statewide watershed protection rules.
Non-residential Development. All development other than residential development, agriculture
and silviculture.
Protected Area. The area adjoining and upstream of the critical area in a WS-IV water supply.
The boundaries are defined as ten(10) miles upstream and draining to the intake located directly
in the stream or river, or the ridge line whichever comes first.
Residential Development. 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.
Structure. 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.
Toxic Substance. 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 off spring or other adverse health effects.
Water Dependent Structure. Any structure for which the use requires access to or proximity to
or location within surface waters to fulfill its basic purposes, such as boat ramps, boat houses,
docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking
lots and commercial boats storage areas are not water dependent structures.
Watershed. The entire land area contributing surface drainage to a specific point(e.g. the water
supply intake).
Page 17 -4

Section 3 Development Regulations
3.1 Establishment of Watershed Overlay Districts
Within the Mayodan Planning jurisdiction the following overlay districts are
established:
Mayo River—Critical Area(WS-IV-CA)
Mayo River—Protected Area (WS-IV-PA)
3.2 Mayo River—Critical Area(WS-IV-CA).
(a) Permitted Uses
1. All uses allowed in the underlying zoning districts where the watershed is located,
unless prohibited in(b)below.
2. 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 ten(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 minutes) scale topographic maps or as
determined by local government studies. Animal operations greater than 100
animal units shall employ BMPs by July 1, 1994 recommended by the Soil and
Water Conservation Commission.
3. Silviculture, using best management practices required to implement the
provisions of the Forest Practices Guidelines Related to Water Quality(15 NCAC
1I.6101-.0209).
(b) Prohibited Uses
1. The storage of toxic and hazardous materials unless a spill containment plan is
implemented.
2. Landfills.
3. Sites for land application of sludge/residuals or petroleum contaminated soils.
(c) Density and Built-upon Limits:
1. Single-family residential development shall not exceed one dwelling unit per one-
half(1/2) 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.
Page 17 - 5

2. All other residential and non-residential development shall not exceed twenty-
four(24)percent built-upon area on a project-by-project basis. For projects
without a curb and gutter street system, development shall not exceed thirty-six
(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.
3.3 Mayo River—Protected Area(WS-IV-PA)
(a) Permitted Uses
1. All uses allowed in the underlying zoning districts where the watershed is located,
unless prohibited in(b)below.
2. Agriculture, subject to the provisions of the Food Security Act of 1985 and the
Food, Agricultural, Conservation and Trade Act of 1990.
3. Silviculture, using best management practices required to implement the
provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC
1I.6101-.0209).
(b) Prohibited Uses
1. 1. The storage of toxic and hazardous materials unless a spill containment
plan is implemented.
(c) Density and Built-upon Limits:
1. Single-family residential development shall not exceed one dwelling unit per one-
half(1/2) acre, with curb and gutter and one-third(1/3) acre, without curb and
gutter, except within an approved cluster development.
2. All other residential and non-residential development shall not exceed twenty-
four(24)percent built-upon area on a project-by-project basis. For projects
without a curb and gutter street system, development shall not exceed thirty-six
(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.
3.4 WS-IV Watershed—Protected Area—CU (WS-IV-PA-CU).
Identical to the WS-IV-PA except a conditional use permit is required as a prerequisite to
any use or development. Within this overlay district a conditional use permit may
be issued to a non-residential development to increase the impervious limits from
twenty-four(24)percent and thirty-six (36)percent to a maximum of seventy (70)
Page 17 - 6

percent. However, this increase in intensity is limited to ten(10)percent of the
balance of the watershed in Mayodan's jurisdiction*.
*Mayo River(Mayodan): Ten(10)percent of 209 acres =20.9 acres.
Section 4 Cluster Development
Clustering of development is allowed in all drinking supply watershed areas under the following
conditions:
(a) Minimum lot sizes are not applicable to single-family cluster development projects;
however, the total number of lots shall not exceed the number of lots allowed for single
family detached developments in subsections 3-2(c) and 3-3(c) above. Built-upon area of
the project shall not exceed that allowed for the critical area or protected area, 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. The title to the
open space areas shall be conveyed to: an incorporated homeowners association for
management; a local government for preservation as a park or open space; or to a
conservation for preservation in a permanent easement.
Where the development has an incorporated property owners association, title of the open space
areas 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.
Section 5 Watershed Buffers
(a) Stream Buffers
A minimum thirty(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 stream bank or shoreline stabilization is permitted.
(b) Development in Buffers
No new development is allowed in the buffer except 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.
Section 6 Administration
6.1 Additional Duties
Page 17 -7

The zoning enforcement officer shall administer the provisions of the Mayodan
Zoning Ordinance as specified in Article XV, Section 1. Within the watershed
overlay districts, he shall have the following additional duties:
(a) maintain files of all amendments to the local water supply watershed regulations
and provide copies upon adoption to the Division of Water Quality.
(b) submit records of variances to the watershed regulations each calendar year to the
Division of Water Quality by January 1 of each following year which shall
describe each project receiving a variance and the reasons for granting the
variance.
(c) monitor land-use activities in the watershed to identify situations that may
threaten water quality and report these situations to the agency with direct
regulatory responsibility.
(d) document Mayodan's utilization of the provision that a maximum of ten(10)
percent of the non-critical area of the Mayo River Watershed(WS-IV)may be
developed with non-residential development to a maximum of seventy(70)
percent built-upon area.
(e) maintain files for each watershed that include the total acres of non-critical area,
total acres eligible to be developed under the 10/70 option, and individual records
for each project with the following information: location, acres, site plan, and use.
6.2 Appeals
As specified in Article XIII, Section 5, all appeals from the decision of the zoning
enforcement officer shall be submitted to the board of adjustment.
6.3 Amendments
All amendments to the watershed regulations shall be handled as specified in
Article XI, Sections 2 and 3. Under no circumstances shall the Town of Mayodan
amend, supplement or change the watershed regulations that would cause the
regulations to violate the watershed protection rules as adopted by the N.C.
Environmental Management Commission. All amendments shall be filed with the
N.C. Department of Environment, Health and Natural Resources, Division of
Environmental Management, Division of Environmental Health, and the N.C.
Department of Commerce, Division of Community Assistance.
6.4 Watershed Variances
(a) Minor Variance. The board of adjustment shall handle minor variances as
specified in Article XIII, Subsection 7.3.
Page 17 - 8

(b) Major Variance. If a major variance is requested, the board of adjustment, after
making a favorable decision in granting the request, shall prepare a preliminary
record of the hearing with all deliberate speed. The preliminary record of the
hearing shall include:
(1)the variance application;
(2)the hearing notices;
(3)the evidence presented;
(4)motions, offers of proof, objections to evidence, and rulings on them;
(5)proposed findings and exceptions; and
(6)the proposed decision, including all conditions proposed to be added to the
permit.
The preliminary record shall be sent to the N.C. Environmental Management
Commission(EMC) for its review as follows:
The commission shall review the preliminary record and determine whether or not: (1)
the request qualifies as a major variance; (2) the property owner can secure no
reasonable return from, nor make any practical use of the property unless the
proposed variance is granted; and(3) the variance, if granted, will not result in a
serious threat to the water supply. Based on its findings the commission shall
approve the variance as proposed or approve the proposed variance with
conditions and stipulations, or disapprove it. The commission shall prepare a
decision and send it to the board of adjustment. Based on the action of the
commission, the board of adjustment shall prepare a final decision.
(c) Notification. In designated drinking water supply watersheds, the zoning
enforcement officer shall notify all other local governments having jurisdiction
within the watershed and the entity using the water supply of a proposed variance
to the watershed regulations. Local governments may submit any comments to
the zoning enforcement officer before the public hearing by the board of
adjustment.
6.5 Boundary Determination
The watershed boundaries are delineated on U.S. G.S. 1:24,000 topographic
maps. If a property owner questions whether or not his property lies within the
drainage pattern of the drinking water supply watershed, it shall be his
responsibility to demonstrate to the town an error has been made.
Page 17 - 9