WSMU_MEBA_UDO text amendment_20240603

The Stormwater Administrator may deliver the notice of violation and
correction order personally, by the City Police Department, City Planning
Department, by certified or registered mail, return receipt requested, or by
any means authorized for the service of documents by Rule 4 of the North
Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time,as provided
in the notification,the Stormwater Administrator may take appropriate action
under this section to correct and abate the violation and to ensure compliance
with this section.
(d) Extension of Time
A person who receives a notice of violation and correction order,or the owner
of the land on which the violation occurs, may submit to the Stormwater
Administrator a written request for an extension of time for correction of the
violation. On determining that the request includes enough information to
show that the violation cannot be corrected within the specified time limit for
reasons beyond the control of the person requesting the extension, the
Stormwater Administrator may extend the time limit as is reasonably
necessary to allow timely correction of the violation,up to, but not exceeding
30 days. The Stormwater Administrator may grant 15-day extensions in
addition to the foregoing extension if the violation cannot be corrected within
the permitted time due to circumstances beyond the control of the person
violating this section.The Stormwater Administrator may grant an extension
only by written notice of extension. The notice of extension shall state the
date prior to which correction must be made, after which the violator will be
subject to the penalties described in the notice of violation and correction
order.
(e) Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s)if
authorized by the Stormwater Administrator, the Stormwater Administrator
shall determine if the violation is corrected. If the violation is not corrected,
the Stormwater Administrator may act to impose one or more of the remedies
and penalties authorized by this section.
(f) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective
enforcement of this section or pose an immediate danger to the public health,
safety, or welfare, then the Stormwater Administrator may order the
immediate cessation of a violation. Any person so ordered shall cease any
violation immediately. The Stormwater Administrator may seek immediate
enforcement, without prior written notice, through any remedy or penalty
authorized by this Section.
M. Definitions
Refer to Article 12"Definitions".
5-3 Watershed Overlay District Regulations
Mebane UDQ,Article 5 5-31
Table of Contents
Febuary 4,2008,amended April 7,2008;amended 07111116;amended November 6,2017

A. Purpose and Intent
The watershed protection overlay districts, as described in Section 3-1,C,
2, (b) and (c) are designed to protect designated public water supply
watershed from activities which could degrade water quality. The following
separate watershed protection overlay districts have been established:
1. WCA,Watershed Critical Area Overlay District and
2. GWA,General Watershed Area Overlay District.
The above water supply watershed overlay districts are within public water
supply watersheds that have been classified by the State of North Carolina
as a WS-II watershed. The WCA Overlay District represents the Graham-
Mebane Lake Public Water Supply Watershed WS-II Critical Area and the
Upper Eno River Public Water Supply Watershed WS-II Critical Area,the
GWA Overlay District represents the Graham-Mebane Lake Public Water
Supply Watershed WS-II Balance of Watershed Area and the Upper Eno
River Public Water Supply Watershed WS-II Balance of Watershed Area,
all as designated by the NC Environmental Management Commission. The
purpose of this Section is to implement the provisions of the Water Supply
Watershed Protection Act (NCGS 143-214.5) which requires the City of
Mebane to adopt minimum land use regulations,consistent with the WS-II
Critical Area and Balance of Watershed management rules as adopted by
the North Carolina Environmental Management Commission,to protect the
water quality of the Graham-Mebane Lake Watershed and Upper Eno River
Watershed located within the city's planning and zoning jurisdictional area.
Amended June 7, 2021
B. Amendments or Interpretations of the Watershed Area IBoundaries� Commented[A05]:The current watershed ordinance does
not include guidance for the process of amending the
1. Where uncertaintyexists as the boundaries of the watershed area, as shown on watershed boundaries.An engineer with Alley,Williams,
Carmen,&King researched and drafted language which other
the Official Zoning Map, the Zoning Administrator shall interpret the watershed City staff have reviewed.
boundaries based upon the best available information. This shall include the
following:
(a) 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.
(b) 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 city as evidence that one or more properties along these boundaries do
not lie within the watershed area.
(c) 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 map.
Mebane UDO,Article 5 5-32
Table of Contents
February Q,2008,amended April7,2008;amended 07111116;amended November 6,2017

(d) 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.
(e) The city may, at its discretion, amend the boundaries based upon more
accurate information and data that corrects the water supply watershed
boundaries as submitted by a professional engineer or registered land
surveyor and as reviewed and approved by city staff.
(f) Where other uncertainty exists,the Zoning Administrator shall interpret the
Watershed Map as to location of such boundaries. This decision may be
appealed to the Board of Adjustment.
2. The Zoning Administrator shall provide adopted revisions to the watershed
boundaries to the NC Environmental Management Commission within 30 days of
adoption.
C.General Provisions Applicable to Water Supply Watershed Overlay Districts
Amended June 7, 2021
1. The construction of new roads and bridges and non-residential
development should minimize built-upon area,divert stormwater away
from surface water supply waters as much as possible, and employ
best management practices(BMPs)to minimize water quality impacts.
To the extent practicable,construction of new roads in the critical area
should be avoided. The Department of Transportation BMPs as
outlined in their document entitled Best Management Practices for the
Protection of Surface Waters shall be used in all road and bridge
construction projects in the Watershed Overlay Districts.
2. All development activities within Watershed Overlay Districts, in
addition to those activities specifically regulated by these provisions,
are subject to the standards, usage conditions and other regulations
contained in the Rules and Requirements of the Surface Water Supply
Protection Rules adopted by the North Carolina Environmental
Management Commission.
3. A minimum 30-foot vegetative buffer for development activities is
required along all perennial waters, including streams, rivers and
impoundments, indicated on the most recent versions of the United
States Geodetic Survey (USGS) 1:24,000 scale topographic maps;
provided,that a 50-foot buffer shall be required along Graham-Mebane
Lake. Nothing in this subsection shall prevent artificial streambank or
shoreline stabilization. No new development is allowed in the buffer,
except that water-dependent structures and public works projects such
as road crossings and greenways, may be allowed where no
practicable alternative exists. These activities shall minimize built-upon
surface area, direct runoff away from the surface water,and maximize
Mebane UDO,Article 5 5-33
Table of Contents
February 4,2008;amended April7,2008;amended 07111116;amended November 6,2017