WSMU_SMIT_WSWP Ordinance_20240408

ORDINANCE #ZA-23-09
AN ORDINANCE TO AMEND THE TOWN OF SMITHFIELD
UNIFIED DEVELOPMENT ORDINANCE
ARTICLE 10, SECTION 10.92 WATER SUPPLY WATERSHED PROTECTION
OVERLAY DISTRICTS, SECTION 10.119 FINAL PLAT CERTIFICATIONS AND
OTHER DOCUMENTATON AND APPENDIX A, DEFINITIONS.
WHEREAS, the Smithfield Town Council wishes to amend certain provisions in the Town of Smithfield
Unified Development Ordinance by making changes to Unified Development Ordinance Article 10,
Section 10.92, Water Supply Watershed Protection Overlay Districts, Article 10, Section 10.119 Final
plat certifications and other documentation, and Appendix A Definitions to be in compliance with general
statutes,NCGS 143-214.5.
WHEREAS, it is the objective of the Smithfield Town Council to have the UDO promote regulatory
efficiency and consistency and the health, safety, and general welfare of the community;
NOW, THEREFORE, be it ordained that the following Articles are amended to make the following
changes set forth in the deletions(strikethroughs)and additions(double underlining) below:
[Amend Article 10, Section 10.92]
PART 1
Sec. 10.92. Water Supply Watershed Protection Overlay Districts.
10.92.1. Purpose.
The purpose of this section is to regulate development and land use activities in a manner which will limit exposure
of water supply watersheds to pollution.Sources of pollution include leachate from septic tank nitrification fields,
storm water runoff,accidental spillage from residential,commercial,and industrial activities,and discharge of
process and cooling water,among others.
As required by the Water Supply Watershed Protection Act of 1989,the State of North Carolina has reclassified
each of the state's drinking water supply watersheds to its most appropriate classification.The Neuse River
watershed is classified as WS-IV which are protected water supply watersheds which are generally moderate to
highly developed.Water supply watershed protection is a proactive approach to the preservation and treatment of
drinking water supplies rather than a reactive approach of treatment prior to consumption.
10.92.2. Authority.
Statutory authority for this section is derived from G.S. §160D-702,and G.S.§ 160D-703, and G.S.§160D-926.
10.92.3.Jurisdiction.
The regulations established shall apply within areas designated as a Public Water Supply Watershed by the North
Carolina Environmental Management Commission and the boundaries of the watershed areas shall be as noted on
the Town of Smithfield Zoning Map and is hereby made a part of this Ordinance,
with-these-regulations.

10.92.4 Exceptions to Applicability.
10.92.4.1. Existing development.as defined in this ordinance.is not subject to the requirements of this
ordinance.
10.92.4.2.Expansions to existing development must meet the requirements of this ordinance,except single
family residential development or unless expansion is part of common plan of development. In an expansion,
the built-upon area of the existing development is not required to be included in the density calculations.
Where there is a net increase of built upon area,only the area of net increase is subject to this ordinance.
Where existing development is being replaced with new built upon area,and there is net increase of built
upon area.only areas of net increase shall be subject to this ordinance.
10.92.4.3.Any lot or parcel created as part of a Family Subdivision after the effective date of these rules shall
be exempt from these rules if it is developed for one single-family detached residence and if it is exempt
from subdivision regulation.
10.92.4.4.Any lot or parcel created as part of any other type of subdivision that is exempt from a local
subdivision ordinance shall be subject to the land use requirements(including impervious surface
requirements)of these rules,except that such a lot or parcel must meet the minimum buffer requirements to
the maximum extent practicable.
10.92.4.5.An applicant may exceed the density limits in Sections 10.92.6 and 10.927 if all of the following
circumstances apply:
10.92.4.5.1.The property was developed prior to the effective date of the local water supply watershed
row
10.92.4.5.2.The property has not been combined with additional lots after January 1,2021.
10.92.4.5.3.The property has not been a participant in a density averaging transaction under G.S.
143214.5(d2).
10.92.4.5.4.The current use of the property is nonresidential.
10.92.4.5.5.In the sole discretion,and at the voluntary election.of the property owner.the stormwater
from all of the existing and new built-upon area on the property is treated in accordance with all
applicable local government,state,and federal laws and regulations.
10.92.4.5.6.The remaining vegetated buffers on the property are preserved in accordance with the
requirements of this Ordinance.
10.92.5.Violations of Water Supply Watershed Protection Overlay District Ordinance.
In addition to the enforcement provisions in Section 1.8.the N.C.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 offense.
10.92.6. Effective Date.
This Ordinance shall take effect and be in force on January 23 2024.
10.92.7. Standards.
The standards of both the Water Supply Watershed Protection Overlay Districts and the underlying zoning district
shall apply.Where these standards differ, the standards of the Overlay Districts shall govern.

10.92.8. Establishment of Watershed Areas.
For the purposes of this section,the Town of Smithfield and its extraterritorial jurisdiction are divided into the
following Water Supply Watershed Protection Overlay Districts:
10.92.8.1.WS-IV-CA Critical Area Overlay District.
10.92.8.2.WS-IV-PA Protected Area Overlay District.
10.92.9. Development Regulations—WS-IV-CA District.
Only new development activities that require an erosion/sedimentation control plan under State law or approved
local program are required to meet the provisions of this ordinance when located in a WS-IV watershed. In order
to address a moderate to high land use intensity pattern.development shall be allowed at a maximum of twenty-
four percent(24%) built-upon area.
10.92.9.1.Allowed Uses.
10.92.9.1.1. Agricultural uses arc not subject to the stormwater ents of this ^.-.di„..„ce
(Amended 10/3/2017)Agriculture subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990 and the rules and regulations of the Soil and Water
Conservation Commission.
10.92.9.1.2.Silviculture,subject to the provisions of the Forest Practices Guidelines Related to Water
Quality(15 NCAC 11.0101-.0209).
10.92.9.1.3. Residential uses.
10.92.6.1.4. Non-residential development,excluding: 1)landfills and 2)sites for land application of
residuals or petroleum contaminated soils.
•s.r.dance..,ith Secti„„ n 92•0
•
10.92.9.2. Density and Built-Upon Limits.(Amended 10/3/2017)
10.92.9.2.1. 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.l-mperietts
by„ ect basis . „less the high dle„sit.,eratio
developed:
10.92.9.2.2. High Density Option.
In addition to the development
allowed under sections 10.92.9.2.1 and 10.92.9.2.2 above,the Town Council may approve new
development and expansions to existing development utilizing the high-density option with up to fifty
percent(50%)built-upon area on a project-by-project basis. Projects must,to the maximum extent
practicable,minimize built-upon surface area.direct stormwater away from surface waters and
incorporate Best Management Practices to minimize water quality impacts. 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:
10.92.9.3.Stormwater Control Requirements.Where-development„ro„eses i„te„sit„greater than twe„t„
four(21)per e„t e„gi„eerecl stor„,wate. „„trols shall he„seal t^
inch of rainfall in order t^ mpet water gualit„concerns.

orsh'„ Desig„ .d Ma „+ f E d Stormwater Co t 1
r�rrip�vc�i6nrcciirt�vrcirb-irr z�ca�crn�rrv�ccr��rrai-vrT
1"92 G ' 2 , 1 mess otherwise a„„rov„d e.-nership of the engineered stormwater controls
erty-owners'association,which shall be
10.42.6.2.3.2.2. Engineer stormwater controls shall be designed and constructed in accordance
with standards-ands ificati„ns established by the To. of Smithfield and to the state's
'gn criteria shall require eighty five(85)percent average
ended solids and the discharge rate must meet one(1)of the
10 92 6 24 2 , The discharg ate followi„e the e nch design storm shall be such that
design within five(5)days,but not less than two(2)
claysof
90 99 G 2 3 7 7 7 The„ost develo„me„t„ ak discharge rate shall a al the
10 9'f 6 7 Z 7 Exce„t allowed in „h 10 92 6 2 3 2 3 3 below., a buildieg permit shall be
issued for a site proposed for development,until:
refere„cede a fi„al „lat which m .st her orded ale„g
i
with the „t le the leh„ste„Ce „t.,Re ste of Deedss„d
,
, r
nee ..for adequate„erforma„ee of the a red stormwater ce„trels
eld until compliance-with
paragraphs 10.92.6.2.3.2.3.1 and 10.92.6.2.3.2.3.2 above.
required under paragraph 10.92.6.2.3.2.3.1 above,may be required prior to site plan or
has approved construction of the engin
,
10.92.9.3.1. Low Density Projects. In addition to complying with the project density requirements.low
density projects shall comply with the following:
10.92.9.3.1.1.Vegetative Conveyances.Stormwater runoff from the project shall be released to
vegetated areas as dispersed flow or transported by vegetated conveyances to the maximum extent
practicable.Vegetated conveyances shall be maintained in perpetuity to ensure that they function as
designed.Vegetated conveyances shall meet the following:

10.92.9.3.1.1.1.Side slopes shall be no steeper than 3:1(horizontal to vertical)unless it is
demonstrated to the local government that the soils and vegetation will remain stable in
perpetuity based on engineering calculations and on-site soil investigation.
10.92.9.3.1.1.2.The conveyance shall be designed so that it does not erode during the peak flow
from the 10-year storm event as demonstrated by engineering calculations.
10.92.9.3.1.2.Curb Outlet Systems. In lieu of vegetated conveyances,low density projects shall have
the option to use curb and gutter with outlets to convey stormwater to grassed swales or vegetated
areas. Requirements for these curb outlet systems shall be as follows:
10.92.9.3.1.2.1.The curb outlets shall be located such that the swale or vegetated area can carry
the peak flow from the 10-year storm and at a non-erosive velocity.
10.92.9.3.1.2.2.The longitudinal slope of the swale or vegetated area shall not exceed five
percent except where not practical due to physical constraints. In these cases.devices to slow
the rate of runoff and encourage infiltration to reduce pollutant delivery shall be provided.
10.92.9.3.1.2.3.The swale's cross section shall be trapezoidal with a minimum bottom width of
two feet.
10.92.9.3.1.2.4.The side slopes of the swale or vegetated area shall be no steeper than 3:1
(horizontal to vertical).
10.92.9.3.1.2.5.The minimum length of the swale or vegetated area shall be 100 feet;
10.92.9.3.1.2.6. Low density projects may use treatment swales designed in accordance with 15A
NCAC 02H.1061 in lieu of the requirements specified in 10.92.9.3.1.2.1 through 10.92.9.3.1.2.5.
10.92.9.3.2.High Density Projects.
10.92.9.3.2.1. Stormwater Control Measures (SCMs) shall be designed. constructed, and maintained
so that the project achieves either "runoff treatment" or "runoff volume match" as those terms are
defined in 15A NCAC 02B.0621;
10.92.9.3.2.2. For high density projects designed to achieve runoff treatment the required storm
depth shall be one inch.Applicants shall have the option to design projects to achieve runoff volume
match in lieu of runoff treatment;
10.92.9.3.2.3.Stormwater runoff from off-site areas and Existing Development.shall not be required
to be treated in the SCM. Runoff from off-site areas or existing development that is not bypassed
shall be included in sizing of on-site SCMs;
10.92.9.3.2.4. SCMs shall meet the relevant Minimum Design Criteria set forth in 15A NCAC 02H
.1050 through .1062
10.92.9.3.2.5. Stormwater outlets shall be designed so that they do not cause erosion downslope of
the discharge point durin! the •e.. • . •u he 10- •. •rm event as shown b en:ineerin
calculations.
10.92.9.4. Posting of Financial Security Required.All new stormwater control structures shall be conditioned
on the posting of adequate financial assurance for the purpose of maintenance, repairs. or reconstruction
necessary for adequate performance of the stormwater control structures in accordance with Article 5,
Section 5.7.8.10
10.92.9.5. Stormwater SCM Operation and Maintenance Agreement. The permit applicant shall enter into
the binding Operation and Maintenance Agreement between the Town of Smithfield and all interests in the
development. Said Agreement shall require the owning entity to maintain, repair, and if necessary

reconstruct the stormwater control structure in accordance with the operation management plan or manual
provided by the developer. The Operation and Maintenance Agreement shall be filed with the Johnston
County Register of Deeds.
10.92.9.6.Calculation of Density.
10.92.9.6.1.Project density shall be calculated as the total built-upon area divided by the total project
area
10.92.9.6.2.A project with"Existing Development,"as defined in this ordinance. may use the calculation
method in 10.92.9.2.1.or may calculate project density as the difference of total built-upon area minus
existing built-upon area divided by the difference of total project area minus existing built-upon area.
M92.9.6.3 Expansions to Existing Development shall be subject to 15A NCAC 02B.0624 except as
excluded in Rule15A NCAC 02B.0622(1)(d).
10.92.9.6.4.Where there is a net increase of built-upon area,only the area of net increase shall be subjec
to density and built upon area limits.
10.92.9.6.5.Where Existing Development is being replaced with new built-upon area,and there is a net
increase of built-upon area,only the area of net increase shall be subject to density and built upon area
limits
10.92.9.6.6.Total project area shall exclude the following*,
10.92.9.6.6.1.Areas below the Normal High Water Line(NHWL).
10.92.9.6.6.2.Areas defined as"coastal wetlands"pursuant to 15A NCAC 07H .0205,herein
incorporated by reference,including subsequent amendments and editions,and available at no cost
at http://reports.oah.state.nc.us/ncac.asp,as measured landward from the NHWL.
10.92.9.6.7.Projects under a common plan of development shall be considered as a single project for
purposes of density calculation except that on a case-by-case basis,local governments may allow projects
to be considered to have both high and low density areas based on one or more of the following criteria:
10.92.9.6.7.1 Natural drainage area boundaries.
10.92.9.6.7.2.Variations in land use throughout the project.
10.92.9.6.7.3. Construction phasing,
10.92.10. Development Regulations—WS-IV-PA District.
Only new development activities that require an erosion/sedimentation control plan under State law or approved
local program are required to meet the provisions of this ordinance when located in a WS-IV watershed.
Residential and non-residential development shall be allowed at a maximum of twenty-four percent(24%)built-
upon area. New residuals application sites and landfills are specifically prohibited,
The-following-regulations-shall-apply-within-the\A/C_I\/_DA•
10.92.10.1.Allowed Uses.
10.92.10.1.1.Agriculture,subject to the provisions of the Food Security Act of 1985 and the Food,
Agricultural,Conservation and Trade Act of 1990.

10.92.10.1.2.Silviculture,subject to the provisions of the Forest Practices Guidelines Related to Water
Quality(15 NCAC 11.0101-.0209).
10.92.10.1.3.Residential development.
10.92.10.1.4. Nonresidential development, excluding st^rage of taxi,and hazardous materials , nl
rill containment plan it mplemented
10.92.10.2. Density and Built-Upon Limits.-(Amended 10/3/2017)
10.92.10.2.1. Residential and Non-Residential--development shall not exceed twenty-four percent(24%)
built-upon area on a project-by-project basis. For projects without a curb and gutter street system,
development shall not exceed thirty-six percent(36%)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.lmper„ious Surfaces De„elopment shall n t exceed twent„four(2,,)
For the purpose of calculating the built uponclu de the gr^ s acreage in the
tract on which the project is to be developed.
10.92.10.2.2. High Density Option. In addition to the development allowed under paragraphs 10.92.10.2.1
and 10.92.10.2.2 above,the Town Council may approve new development and expansions to existing
development utilizing the high-density option with up to seventy percent(70%)built-upon area on a
project-by-project basis. Projects must,to the maximum extent practicable, minimize built-upon surface
area,direct stormwater away from surface waters and incorporate Best Management Practices to
minimize water quality impacts. 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.
10.92.10.3.Stormwater Control Requirements.Where devel pment r intensity greater than twent„-
inch of rainfall in order to m
1n 9'f 7 'f � 2 Ownership Design nd Maintenance^f Engineered Stores.water Controls
shall remain with the p ,
resp .
MiRiR+1:lffl-st-a-Rdards The BMP d^ rit. shall r ghty fi,a(85)percentaverage
rawbeg-ElFaws-dowwte-the-Pfe-A0FM4e&igil-within-five-(--544aYsbut-flot-[ess-thall-two-E21-daYsef
i
10 92 7 9 Q 'f 2 7 The post develr.
hoursorm.
10.92.7.2.3.2.3. Except as allowed in paragraph 10.92.7.2.3.2.3.3 b
be issued for a site prop , .
10.92.7.2.3.2.3.1.UDO A r-the
proposed engineered stormwater-centrals--and-the

which-must-be recorded along with the-agreement in the Johnston County Register of
Deeds-;and
10.92.7.2.3.2.3.2.The property owner has posted a performance-bend,other surety
instrument,or other payment in acceptable-form to the town in an amount determined-by
the UDO Administrator as appropriate t^ str do me nd o
reconstruction necessary for adequate perform of the^ red stormwater controls.
lianaragraphs 10.92.7.2.3.2.3.1 and
10.92.7.2.3.2.3.2 above.
required under paragraph 10.92.7.2.3.2.3.1 above, may be required prior to site plan Of
10.92.7.2.3.2.1.No certificate of compliance/occupancy shall be issued for any structure
review-and-app "
10.92.10.3.1. Low Density Projects. In addition to complying with the project density requirements,low
density projects shall comply with the following:
10.92.10.3.1.1.Vegetative Conveyances.Stormwater runoff from the project shall be released to
vegetated areas as dispersed flow or transported by vegetated conveyances to the maximum extent
practicable.Vegetated conveyances shall be maintained in perpetuity to ensure that they function as
designed.Vegetated conveyances shall meet the following:
10.92.10.3.1.1.1.Side slopes shall be no steeper than 3:1(horizontal to vertical)unless it is
demonstrated to the local government that the soils and vegetation will remain stable in
perpetuity based on engineering calculations and on-site soil investigation.
10.92.10.3.1.1.2.The conveyance shall be designed so that it does not erode during the peak
flow from the 10-year storm event as demonstrated by engineering calculations.
10.92.10.3.1.2.Curb Outlet Systems. In lieu of vegetated conveyances,low density projects shall have
the option to use curb and gutter with outlets to convey stormwater to grassed swales or vegetated
areas. Requirements for these curb outlet systems shall be as follows:
10.92.10.3.1.2.1.The curb outlets shall be located such that the swale or vegetated area can
carry the peak flow from the 10-year storm and at a non-erosive velocity;
10.92.10.3.1.2.2.The longitudinal slope of the swale or vegetated area shall not exceed five
percent except where not practical due to physical constraints. In these cases,devices to slow
the rate of runoff and encourage infiltration to reduce pollutant delivery shall be provided;
10.92.10.3.1.2.3.The swale's cross section shall be trapezoidal with a minimum bottom width of
two feet;
10.92.10.3.1.2.4.The side slopes of the swale or vegetated area shall be no steeper than 3:1
(horizontal to vertical);
10.92.10.3.1.2.5.The minimum length of the swale or vegetated area shall be 100 feet

10.92.10.3.1.2.6.Low density projects may use treatment swales designed in accordance with
15A NCAC 02H.1061 in lieu of the requirements specified in 10.92.9.3.1.2.1 through
10.92.9.3.1.2.5.
10.92.10.3.2.High Density Projects.
10.92.10.3.2.1.Stormwater Control Measures(SCMs)shall be designed, constructed.and maintained
so that the project achieves either "runoff treatment" or "runoff volume match" as those terms are
defined in 15A NCAC 02B.0621;(
10.92.10.3.2.2. For high density projects designed to achieve runoff treatment, the required storm
depth shall be one inch.Applicants shall have the option to design projects to achieve runoff volume
match in lieu of runoff treatment;
10.92.10.3.2.3. Stormwater runoff from off-site areas and Existing Development. shall not be
required to be treated in the SCM. Runoff from off-site areas or existing development that is not
bypassed shall be included in sizing of on-site SCMs;
10.92.10.3.2.4. SCMs shall meet the relevant Minimum Design Criteria set forth in 15A NCAC 02H
.1050 through.1062
10.92.10.3.2.5.Stormwater outlets shall be designed so that they do not cause erosion downslope of
the discharge point during the peak flow from the 10-year storm event as shown by engineering
calculations.
10.92.10.4. Posting of Financial Security Required.All new stormwater control structures shall be conditioned
on the posting of adequate financial assurance for the purpose of maintenance, repairs, or reconstruction
necessary for adequate performance of the stormwater control structures in accordance with Article 5,
Section 5.7.8.10
10.92.10.5. Stormwater SCM Operation and Maintenance Agreement. The permit applicant shall enter into
the binding Operation and Maintenance Agreement between the Town of Smithfield and all interests in the
development. Said Agreement shall require the owning entity to maintain. repair. and if necessary,
reconstruct the stormwater control structure in accordance with the operation management plan or manual
provided by the developer. The Operation and Maintenance Agreement shall be filed with the Johnston
County Reeister of Deeds.
10.92.10.6.Calculation of Density.
10.92.10.6.1. Project density shall be calculated as the total built-upon area divided by the total project
area.
10.92.10.6.2.A project with"Existing Development."as defined in this ordinance,may use the calculation
method in 10.92.9.2.1.or may calculate project density as the difference of total built-upon area minus
existing built-upon area divided by the difference of total project area minus existing built-upon area.
10.92.10.6.3 Expansions to Existing Development shall be subject to 15A NCAC 02B.0624 except as
excluded in Rule15A NCAC 02B.0622(1)(d).
10.92.10.6.4.Where there is a net increase of built-upon area, only the area of net increase shall be
subject to density and built upon area limits.

10.92.10.6.5.Where Existing Development is being replaced with new built-upon area,and there is a net
increase of built-upon area,only the area of net increase shall be subject to density and built upon area
limits
10.92.10.6.6.Total project area shall exclude the following:
10.92.10.6.6.1.Areas below the Normal High Water Line(NHWL).
10.92.10.6.6.2.Areas defined as"coastal wetlands"pursuant to 15A NCAC 07H .0205.herein
incorporated by reference, including subsequent amendments and editions,and available at no cost
at http://reports.oah.state.nc.us/ncac.asp,as measured landward from the NHWL.
10.92.10.6.7. Projects under a common plan of development shall be considered as a single project for
purposes of density calculation except that on a case-by-case basis,local governments may allow projects
to be considered to have both high and low density areas based on one or more of the following criteria:
10.92.10.6.7.1 Natural drainage area boundaries.
10.92.10.6.7.2.Variations in land use throughout the project.
10.92.10.6.7.3.Construction phasing.
10.92.11. ' . (Amended 10/3 04-74 Density Averaging.
Two non-contiguous parcels can shall be treated as one single parcel to meet the built-upon area/density
requirements of the WSWP rules and this ordinance.These parcels can be under the same or separate ownership.
Density averaging of non-contiguous parcels for purposes of complying with local Water Supply programs is
permitted with the following minimum requirements.
The imp
to the following provisions:
10.92.11.1.The donor parcel and receiving parcel shall be located within the same water supply watershed. If
one of the properties is located in the critical area of the watershed the critical area property shall not be
developed beyond the applicable density requirements for its classification.
10.92.11.2.The impervious surface credit transfer shall not be from a donor parcel in protected area to a
receiving parcel in critical area.
10.92.11.3.Overall project density meets applicable density or stormwater control requirements under 1SA
NCAC 2B.0200.
10.92.11.4.Vegetated buffers on both properties meet the minimum buffer requirements in accordance
with Sections 10.55d and 10.92.11.of this ordinance.
10.92.11.5. Built upon areas are designed and located to minimize stormwater runoff impact to the
receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through
vegetated areas,and maximize the flow length through vegetated areas.
10.92.11.6.Areas of concentrated density development are located in upland areas and,to the maximum
extent practicable.away from surface waters and drainageways.

10.92.11.7.The property or portions of the properties that are not being developed will remain in a vegetated
or natural state and will be managed by a homeowners'association as common area,conveyed to the Town as
park or greenway with Town Council approval.or placed under a permanent conservation or farmland
preservation easement.or with deed restrictions.A metes and bounds description of the areas to remain
vegetated and limits on use shall be recorded on the subdivision plat,in homeowners'covenants,and on
individual deed and shall be irrevocable..
as part of the impervious surface credit transfer shall remain in a vegetated or natural.The portion of the
done tr, ent shall be-protected from all fu+. e de el^ nt th h . of
p^ nt� ation a nt in favor of either:
10.92.8.3.2.A land trust or similar conservatio
accept such easements(the organization shall be-bona fide and in perpetual existence and the
or-ganizatior-becomes unable to carry out its functions` If the entity accepting the a ent is of the
..eluded i..the a en+
10.92.11.8. Development permitted under density averaging and meeting applicable low density
requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable
10.92.11.9.The impervious rface credit transfer density averaging shall be reviewed and approved through
use of the site plan process.
10.92.12. Buffer Areas Required. ,Amended 10/3/2A17)
10.92.12.1 A minimum one hundred(100)foot vegetative buffer is required for all new development activities
that exceed the low-density option:otherwise.a minimum fifty(50)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 streambank
or shoreline stabilization is permitted.der all new'development ctivities proposed within the WS IV CA er
uffer will be o..e hun.dreel( 00)fee+ ad a ent to all p ial waters ndicate.d
on the most recent versions of USGS 1:24,000(7.5 minute)scale top
reliabl
10.92.12.2 No new development is allowed in the buffer except for water dependent structures.other
structures such as flag poles,signs and security lights which result in only diminutive increases in impervious
area 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.
10.92.9.1. Boat docks,ramps, piers,or similar structures.
Places.
•
10 92 0 n Other public n ecto where n actical alternative a isto

1V'.9L2.10. Exist g Single_Family Development Exempt
Existing single fa r proposed-ad '
shall-be exempt from these regulations.
10.92.13. Other Existing Development.
Existing development as defined in this ordinance. 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 built-
upon area calculations.€gist+
which-ds ,
I2mn ential development within
the critical ,
shall-i3
included when calculating permissible density.
10.92.13.1. Uses of Land. 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 hereafter in the watershed area in which it is
located. Such uses may be continued except as follows:
10.92.13.1.1 When such use of land has been changed to an allowed use, it shall not thereafter revert to
any prohibited use.
10.92.13.1.2. Such use of land shall be changed only to an allowed use.
10.92.13.1.3. When such use ceases for a period of at least one year.it shall not be reestablished.
10.92.12. Existing Vacant Lots,
prior to the-adeptien of these regulations,may be ed for any of the p Bible. all wed in+he watershed
single-ownershipatany-time-after-the-aklept-lan-ef--t-h-is-er-dinanee-and-suc-h-lats-inftivictually-Ilave-less-afea4han-the
dential purees r f r+h + rshed .,highs , h lots a loc teA +Hon ch
lots shall be a sidered ngl„property for the purposeof compliance with thes„r enter
9 f1 92 9 Z Occ spied I etc
Lots occupied for residential purposes at the effective date of these regulations may continue to be-used,provided
► pli ance-with
the nts
10.92.14. Swale Street Systems
m
Sufi "
Created: 2023-04-06 14:33:10 [EST)
(Oc)
Page 12 of 19

1 A 97 1 C Planned 1 Init Development within Watereherl Areas
d areas,development densities shall
comply with the regulations established under this section,
10.92.14. Variances.
The Board of Adjustment shall have the power to authorize,in specific cases,minor variances from the terms of
this Ordinance as will not be contrary to the public interests where,owing to special conditions,a literal
enforcement of this Ordinance will result in practical difficulties or unnecessary hardship.so that the spirit of this
Ordinance shall be observed,public safety and welfare secured,and substantial justice done. In addition,the town
shall notify and allow a reasonable comment period for all other local governments having jurisdiction in the
designated watershed where the variance is being considered.
10.92.14.1.Applications. Applications for a variance shall be made on the proper form obtainable from the
Watershed Administrator and shall include the following information:
10.92.14.1.1.A site plan,drawn to a scale of at least one(1) inch to forty(40)feet.indicating the property
lines of the parcel upon which the use is proposed:any existing or proposed structures:parking areas and
other built-upon areas:surface water drainage. The site plan shall be neatly drawn and indicate north
point. name and address of person who prepared the plan.date of the original drawing,and an accurate
record of any later revisions.
10.92.14.1.2.A complete and detailed description of the proposed variance,together with any other
pertinent information which the applicant feels would be helpful to the Watershed Review Board in
considering the application.
10.92.14.1.3.The Watershed Administrator shall notify in writing each local government having
jurisdiction in the watershed and the entity using the water supply for consumption. Such notice shall
include a description of the variance being requested. Comments received by each local government shall
become a part of the record of proceedings of the Watershed Review Board.
10.92.14.2. Required Findings. Before the Board of Adjustment may grant a variance,it shall make the
following three findings.which shall be recorded in the permanent record of the case,and shall include the
factual reasons on which they are based:
10.92.14.2.1. There are practical difficulties or unnecessary hardships in the way of carrying out the strict
letter of the Ordinance. In order to determine that there are practical difficulties or unnecessary
hardships,the Board must find that the five following conditions exist:
10.92.14.2.1.1. If the applicant complies with the provisions of the Ordinance,the applicant can
secure no reasonable return from.nor make reasonable use of.his property. Merely proving that the
variance would permit a greater profit to be made from the property will not be considered adequate
to justify the Board in granting an variance. Moreover,the Board shall consider whether the variance
is the minimum possible deviation from the terms of the Ordinance that will make possible the
reasonable use of his property.
10.92.14.2.1.2. The hardship results from the application of the Ordinance to the property rather
than from other factors such as deed restrictions or other hardship.
10.92.14.2.1.3. The hardship is due to the physical nature of the applicant's property,such as its size.
shape,or topography,which is different from that of neighboring property.

10.92.14.2.1.4. The hardship is not the result of the actions of an applicant who knowingly or
unknowingly violates the Ordinance,or who purchases the property after the effective date of the
Ordinance,and then comes to the Board for relief.
10.92.14.2.1.5. The hardship is peculiar to the applicant's property,rather than the result of
conditions that are widespread. If other properties are equally subject to the hardship created in the
restriction,then granting a variance would be a special privilege denied to others and would not
promote equal justice.
10.92.14.2.2. The variance is in harmony with the general purpose and intent of the Ordinance and
preserves its spirit.
10.92.14.2.3. In the granting of the variance,the public safety and welfare have been assured and
substantial justice has been done. The Board shall not grant a variance if it finds that doing so would in
any respect impair the public health,safety.or general welfare.
10.92.14.3. In granting the variance,the Board may attach thereto such conditions regarding the location,
character,and other features of the proposed building,structure.or use as it may deem advisable in
furtherance of the purpose of this ordinance. If a variance for the construction,alteration or use of property is
granted,such construction.alteration or use shall be in accordance with the approved site plan.
10.92.14.4. The Board shall refuse to hear an appeal or an application for a variance previously denied if it
finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or
application.
10.92.14.5.A variance issued in accordance with this Section shall be issued a zoning permit and such permit
shall expire if a Building Permit or a Certificate of Occupancy for such use is not obtained by the applicant
within six(6)months from the date of the decision.
10.92.14.6.If the application calls for the granting of a major variance,and if the Board of Adjustments
decides in favor of granting the variance,the Board shall prepare a preliminary record of the hearing with all
deliberate speed. The preliminary record of the hearing shall include:
92 1 , Whcnevcr plic tion is filed f r „t th„., ntwined in this section the town
shall notify the other to g he
water-s-up oses to aliew4liese partiesen-
eentr-ary-te-the-public interest.
herein, and if the Board of Adjustment decides in favor of granting the variance,a preliminary
10.92.12.3.1.The variance application;
10.92.12.3.2.The hearing notices;
10.92.12.3.3.The evidence presented;
10.92.12.3.4.Motions,offers of proof,objections to evidence,and rulings on them;
10.92.12.3.5. Proposed findings and exceptions;
10.92.12.3.2.The proposed decision, including any conditions proposed to be added to the permit.

10.92.14.7.The preliminary record shall be sent to the Environmental Management Commission (EMC)for
review as follows:
10.92.14.7.1. If the EMC concludes from the preliminary record that the variance qualifies as a major
variance and that(a)the property owner can secure no reasonable return from nor make any proposed
variance is granted,and(b)the variance,if granted,will not result in a threat to the water supply,then
the EMC shall approve the variance as proposed or approve the proposed variance with conditions and
stipulations. The Commission shall prepare a Commission decision and send it to the Town Board of
Adjustments. If the Commission approves the variance as proposed,the Board of Adjustments shall
prepare a final decision granting the proposed variance. If the Commission approves the variance with
conditions and stipulations.the Board of Adjustments shall prepare a final decision,including such
conditions and stipulations,granting the proposed variance.
10.92.14.7.2. If the EMC concludes from the preliminary record that the variance qualifies as a major
variance and that(a)the property owner can secure a reasonable return from or make a practical use of
the property without the variance or,(b)the variance,if granted,will result in a serious threat to the
water supply,then the EMC shall deny approval of the variance as proposed. The Commission shall
prepare a Commission decision and send it to the Town Board of Adjustment. The Board of Adjustment
shall prepare a final decision denying the variance as proposed.
it to the Bear-€1-44--AdjurAment-,-The-goafd-shalt-advise-the-,3pplic-afft-40F4hew-eposed-vafieffee-ef-the.E.mcIs
final decision.
10 92 16 6 A r oral ..F all variances g nteal during calendar shall be transmitted to+4..,Division of
ofo Ia ,1st of the follo
10.92.15. Cluster Subdivisions. (Amended 10/3/2017)
Cluster development is allowed in all watershed areas under the following conditions:
10.92.15.1.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
Sections 10.92.6 and 10.92.7. Density or built-upon area for the project shall not exceed that allowed for the
critical area,balance of watershed or protected area,whichever applies.
10.92.15.2.All built-upon area shall be designed and located to minimize stormwater runoff impact to the
receiving waters and minimize concentrated stormwater flow,maximize the use of sheet flow through
vegetated areas,and maximize the flow length through vegetated areas.
10.92.15.3.Areas concentrated density development shall be located in upland area and away,to the
maximum extent practicable,from surface waters and drainage ways.
10.92.15.4.The remainder of the tract shall remain in a vegetated or natural state.The title to the open
space area shall be conveyed to an incorporated homeowners association for management;to the Town of
Smithfield for preservation as a park or open space;or to a conservation organization for preservation in a
permanent easement.Where a property association is not incorporated,a maintenance agreement shall be
filed with the property deeds.
10.92.15.5.Cluster developments that meet the applicable low-density requirements shall transport
stormwater runoff by vegetated conveyances to the maximum extent practicable.
10.92.16. Rules Governing the Interpretation of Watershed Area Boundaries.
Where uncertainty exists as to the boundaries of the watershed areas,as shown on the Watershed Map,the
following rules shall apply:

10.92.16.1.Where area boundaries are indicated as approximately following either street,alley,railroad or
highway lines or centerlines thereof,such lines shall be construed to be said boundaries.
10.92.16.2.Where area boundaries are indicated as approximately following lot lines,such lot lines shall be
construed to be said boundaries. However,a surveyed plat prepared by a registered land surveyor may be
submitted to the town as evidence that one or more properties along these boundaries do not lie within the
watershed area.
10.92.16.3.Where the watershed area boundaries lie at a scaled distance more than twenty-five(25)feet
from any parallel lot line,the location of watershed area boundaries shall be determined by use of the scale
appearing on the watershed maw
10.92.16.4.Where the watershed area boundaries lie at a scaled distance of twenty-five(25)feet or less from
any parallel lot line,the location of watershed area boundaries shall be construed to be the lot line.
10.92.16.5.Where other uncertainty exists.the Watershed Administrator shall interpret the Watershed Map
as to location of such boundaries. This decision may be appealed to the Board of Adjustment.
10.92.17. Changes and Amendments to Water Supply Watershed Protection Ordinance
Regulatien-s.
The Town Council may,on its own motion or upon a properly filed p erner►t er-mod+fy-the
watershed regulations set forth ^der+his section i^accord with+he procedures established under Article 4 of
this ordinanc„ r „ided+hat n .,menu shall b„adopted-which shall cause these rcgulatiens-t-e-vielate-the
Bement Commission.All
en-ef E-evicenmcntal Management,the
Alnr+h r,r,.l;.,-, n,,,•�• „r�.,,,;� n-tal Heal-t ,,,�+h„North Carolina-Division-ef Commerce.
10.92.17.1. The Town Council may,on its own motion or on petition,after public notice and hearing, amend,
supplement,change or modify the watershed regulations and restrictions as described herein.
10.92.17.2. No action shall be taken until the proposal has been submitted to the Planning Board for review
and recommendations. If no recommendation has been received from the Planning Board within forty-five
(45)days after submission of the proposal to the Chairman of the Planning Board.the Town Council may
proceed as though a favorable report had been received.
10.92.17.3. Under no circumstances shall the Town Council adopt such amendments,supplements or changes
that would cause this ordinance to violate the watershed protection rules as adopted by the N.C.
Environmental Management Commission. All amendments must be filed with the N.C. Division of Water
Quality,N.C.Division of Environmental Health,and the N.C. Division of Community Assistance.

•
adopted by the Smithfield Town Council on August 2,2017;to become effective and in force from that day
ferwar-el
-Classifications Dischargers Residential Nonresidential Sludge lan4fiil5 Hazardous Sewer
Oeimity Low Development Application Materials Lines
Density
Option
WS41F None 2du/lac** No-new None None None Allow
Critical Area development
Protected-Area Domestic-and Same Allew None None Inventory Allow
Industrial spill/failure
built-upon
NOTES:
** Mini ublic or sewer is n
(1) r: al a(1:..+un d. ake •tip•1dgetine,-whicheve is o eater.
•
(3)-rresiidential j eatia14evelopmentra-rninimarn-Huffer-width-e€-Afty-(50)feetshaIlbe-provided-adjacent-te-all-pecennial-waters.
(1) Spill. uired for new lnd...•n...here hazardn..... ial.n ed . red n ufactured
•ablc�cvalished-n•l•nd herein:
,cl An.: ultural a tivities rc subje •o provisio e-F ndty-Act of 1 85 and-the Food,Agc euiture,-CensewatienT an
agfieultaret-aetivilies-mustmaintain-a ten-feet-v
use-gMRsas determined-by.he 5eil an mission:
(8) T ,ent-ei Transporta•ion... a DEAD.ne descr I.ed-in„theil-deeument, ater Suppty'watena hed-8eat-Management-tlraactices4
(s) S cted in a"n.d :a NCDOT st nd rd. l e n alp, iasp a e.iti I nd n ed n
[Amend Article 10, Section 10.119 adding a Watershed Protection Approval Certification]
PART 2
10.119.1.6.Watershed Protection Approval Certification. I certify that the plat shown hereon complies with the
Watershed Protection Ordinance and is approved by the Town Council for recording in the Johnston County
Register of Deeds office.
Date Watershed Administrator
NOTICE: This property is located within a Public Water Supply Watershed-development restrictions may apply.

[Amend Appendix A,as it pertains to Wastershed definitions]
PART 3
Development(watershed). Any land isturbing activity which adds to or changes the amount of
impervious or partially impervious cover on a land area or which otherwise d e creases the infiltration of
oreci'Ration into the soil.
Family Subdivision. Family subdivision means a division of a tract of land: (a)to convey the resulting
parcels,with the exception of parcels retained by the grantor,to a relative or relatives as a gift or for
nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to
any one relative.or(b)to divide land from a common ancestor among tenants in common, all of whom
inherited by intestacy or by will.
Major variance(watershed). A variance that is not a Minor Variance as defined in this ordinance.
Minor variance(watershed). Minor variance(watershed). (^mended 0/-340"` ^ variance from the
A variance from the minimum statewide watershed protection rules that results
in a relaxation. by a factor of up to five(5) percent of any buffer, density or built-upon area requirement
under the high density option;or that results in a relaxation, by a factor of up to ten(10) percent,of any
management requirement under the low density option. For vaiances to a vegetated setback
requirement,the percent variation shall be calculated using the foot print of built-upon area proposed
to encroach with the vegetated setback divided by the total area of vegetated setback within the
project.
Variance(watershed). A permission to develop or use property granted by the Board of Adjustments
relaxing or waiving a water supply watershed management requirement adopted by the Environmental
Management Commission that is incorporated into this ordinance.
PART
That the Unified Development Ordinance shall be page numbered and revision dated as necessary to
accommodate these changes.
PART 5
That these amendments of the Unified Development Ordinance shall become effective upon adoption.
That these amendments of the Unified Development Ordinance shall become effective upon adoption.
�Duly adopted this the o
� day of January 2024.

-/K. c4if /K31) --&__
M.Andy Moore, Mayor
O•.SMit
ATTEST I It .D
Shannan L. Parrish,Town Clerk A /( 23, \�