20030243 Ver 1_More Info Received_20030407

LEONARD S. RINDNER PWS 3714 Spokeshave Lane
Environmental Planning Consultant Matthews, NC 28105
Professional Wetland Scientist Tele• [phone]
Land Planning IAIL'T'I AAIh~ I ~~~ ~~~~r~ Faz [phone]
Apri12, 2003
APR ~ 2G03
Mr. Todd St. John WATER QUALITY SECTION
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Re: Stormwater Management Plan for Berewick, Charlotte, Mecklenburg County, NC
Dear Todd:
On behalf of my client, Pappas Properties and Dixie River Land Company, we are requesting
eligibility to meet the Stormwater management conditions of the 401 Water Quality Certification
by meeting the requirements of local programs that meet or exceed the design requirements
the Tanners and
specified in the conditions. The attached letter to me from LandDesign, p
engineers for the project, compares and summarizes the two programs. The proposal also
indicates the need to phase the Stormwater management plan based on size of the project as well
as the need to move forward with infrastructure, and the fact that the final layout and design of
large portions of the project are incomplete. It is also important to note that an Occupancy Permit
cannot be issued for any building within the permitted development until City of Charlotte
Engineering has approved the Stormwater control structure as provided in Section 10.710.3(A) -
Charlotte Code, Part 7 : Lower Lake Wylie Watershed Overlay.
Please contact me if you have any questions or require additional explanation. Thank you for
your c sideration. We would also be willing to meet with you in person to discuss the plans.
S' re ,
~~
Leonard S. Rindner, PWS
Environmental Planning Consultant
Professional. Wetland Scientist
cc: Mr. Steve Chapin
US Army Corps of Engineers -Reg. Field Office
Mr. Samar Bou-Ghazale
NCDENR -Division of Water Quality
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Michael F. Easley, Governor
William G. Rnss Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 23, 2002
DWQ# 02-1410
Mecklenburg County
Page 1 of 2
Mr. Scott Hebebrand
Dixie River Land Company
4201 Congress Street, Suite 465
Charlotte, NC, 28209
APPROVAL of 401 Water duality Certification with Additional Conditions, Wetland Restoration Program
Dear Mr. Hebebrand:
You have our approval, in accordance with the attached conditions, to place fill in 0.2 acre of wetlands and 375 linear
feet of perennial streams in order to construct the Dixie River Road thoroughfare through the Berewick development in
Mecklenburg County, as described in your application received by the Division of Water Quality on September 4, 2002.
After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number
3375, which can be viewed on our web site at httD://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use
Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying
404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application: If you change your
project, you must notify us in writing and you may be required to send us a new application-for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid; you must follow the
conditions listed in the attached certification, as well as the additional conditions listed below:
The following condition applies unless you can demonstrate to the Division that the anticipated buildout impervious area
is less than 30%: An additional condition is that. a final, written stormwater management plan incorporating a stormwater
treatment wetland shall be approved in writing by this Office before the impacts specified in this Certification occur. The
stormwater management plan must include plans and specifications for stormwater management facilities designed to
remove 85% TSS according to the most recent version of the NC DENR stormwater Best Management Practices
Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by this Office,
shall be constructed and operational, and the stormwater management plan, as approved by this Office, shall be
implemented. The structural stormwater practices and well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from the Division of Water
Quality;
2. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for the
impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this contribution will satisfy
our compensatory mitigation requirements under 15A NCAC 2H .0506(h) and 15A NCAC 2B .0233(10). Until the
Wetland Restoration Program receives and clears your check (made payable to: DENR -Wetlands Restoration
Program), stream impacts (including fill) shall not occur. Mr. Ron Ferrell should be contacted at [phone] if you
have any questions concerning the Wetland Restoration Program. You have one month from the date of this
Certification to make this payment. For accounting purposes, this Certification authorizes the fill of 375 linear feet of
perennial streams and 0.2 acre of wetlands in the Catawba River and sub-basin, Cataloging Unit 03050101, and 375
linear feet of stream mitigation are required. Please be aware that the Wetland Restoration Program (WRP) rules
require rounding of stream impacts to the nearest linear foot and wetland impacts to the nearest quarter acre (15A
NCAC 2R .0503(b))."
Itil
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200231321 County Mecklenburg
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Dixie River Land Company, Attn: Mr. Scott Hebebrand
Address: 421 Congress St., Suite 465
Charlotte, NC 28209
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Dixie River Road -Thoroughfare Segment Through Berewick Development
Description of Activity:
Construct a major public roadway through the Berewick development as depicted on the
"Thoroughfare Plan for Mecklenburg County". As part of the roadway construction, it will
be necessary to install culverted crossings on 3 separate perennial streams (unnamed
tributaries to Beaverdam Creek and Lake Wylie). As a result of the crossings, a total of 375
LF of stream channel will be impacted. In addition, 0.2 acre of wetlands will be impacted by
the project. Mitigation to offset the loss of perennial stream channel will be accomplished
through payment into the NC Wetlands Restoration Program (WRP) fund at a 1:1 ratio,
sufficient to perform 375 LF of warm water stream restoration in the Catawba River basin.
Construction within waters of the U.S. shall begin only after permittee has made full
payment to the WRP and the WRP has provided written confirmation to the Corps of
Engineers. ALL WORK MUST BE DONE IN ACCORDANCE WITH SUBMITTED
PLANS.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by taus Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activitiy is
subject to Section 404 (if Section 404 block above is checked}, before beginning work you must also receive a
Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919)
733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the
N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.

This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date October 8, 2002
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification October 8, 2004
cc: Mr. Leonard 5. Rindner
Mr. Ron Ferrell, NCDENR - WRP, 1619 Mail Service Ctr., Raleigh, NC 27600-1619
CESAW Form 59l
Revised ]uly 1995

North Carolina
Department of Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Mr. Leonard Rindner PW
3714 Spokeshave Lane
Matthews, NC 28105
Re: Project:
County:
DWQ#:
Dixie River Road
Mecklenburg
021410
e_~n
NCDENR
RECEIPT
November 29, 2002
The North Carolina Wetlands Restoration Program (NCWRP) has received a
check in the amount of $ 46,875.00 check number 000106, as payment for the
compensatory mitigation requirements for the subject project. This receipt serves as
notification that the compensatory mitigation requirements for this project have been
satisfied. Please note that you must also comply with all other conditions of this
certification and any other state, federal or local government permits or authorization
associated with this activity.
The NCWRP, by acceptance of this payment, acknowledges that the NCWRP is
responsible for the compensatory mitigation requirements associated with the subject
project and agrees to provide the compensatory mitigation as specified. The NCWRP
will restore 375 linear feet of stream in Cataloging Unit 03050101 of the Catawba River
Basin
If you have any questions or need additional information, please contact Valerie
Mitchener at [phone].
Sincerely,
~~
Ronald E. Ferrell,
Program Manager
cc: Rob Ridings, Wetlands/401 Unit
file
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619
[phone] Fax: [phone]

A ri12, 2003 LCZnd~3~
P
Mr. Len Rindner PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
RE: Berewick
Section 401 Water Quality Certification
PN: 1000091
Dear Len:
As we move forward with the planning and development of design documents for the
Berewick project, and anticipate project phasing and construction, it has become
evident that eve need to address the conditions of the 401 Water Quality Certification
obtained for the projects stream impacts. Specifically we would like to be able to
phase our design and construction of our water quality BMPs as required to satisfy
the conditions of the State's permit. As we have discussed, NCDENR typically
requires that the stormwater management plan be submitted and approved for the
entire project prior to any stream impacts occurring. We would like to request that
this condition be waived due to the size of the project and incomplete design
information developed for a substantial portion of the site. However, the major
infrastructure for the project will need to move forward to allow for the planning and
development of much of the property.
We propose that the local requirements for stormwater management meet or exceed
the State's requirements and will satisfy our 401 permit conditions, and request that
the State consider these requirements as satisfying the corresponding conditions of
the 401 Water Quality Permit. Simply stated local ordinance will require that
minimum State requirements for stormwater management will be met or exceeded.
The developer will submit to Todd St. John, NCDENR, all design documents for
stormwater management concurrently with our local submittals for review and
approval. This would allow for the project to be reasonably phased with stormwater
management improvements designed and constructed with each phase of the project.
Attached you will find copies of the Nationwide 14 Permit issued by USCOE, the
401 Water Quality Certification issued by NCDENR-DWQ, the S.W.I.M. Buffer
Ordinance and the Lower Lake Wylie Watershed Overlay District Requirements.
Conditions of the 401 Water Quality Certification:
• "A final, written stormwater management plan shall be approved in writing
by this Office before the impacts specified in this Certification occur. The
stormwater management plan must include plans and specifications for
stormwater management facilities designed to remove 85% TSS according to
the most recent version of the NCDENR Stormwater Best Management
Practices Manual. Also, before any permanent building is occupied at the
subject site, the facilities, as approved by this Office, shall be constructed and
operational, and the stormwater management plan, as approved by this office,
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Civil Engineering

b. high density option - 100'
Protected Area:
a. low density option - 40'
b. high density option - 100'
• High Density Option Requirements
The High Density Option allows for a greater development density provided
engineered controls (Structural BMP's) are used to manage stormwater
runoff. Structural BMP's are required under the High Density Option. High-
density development shall meet the requirements of this section, the
Charlotte-Mecklenburg Land Development Standards Manual and other
published standards of the City Engineering Department.
2. Structural BMP's
A. All Structural BMP's shall be designed and stamped by
either a North Carolina registered professional engineer or
landscape architect.
B. Structural BMP's shall be designed for specific pollutant
removal according to modeling techniques approved by the
North Carolina Division of Water Quality. Specific
requirements for these systems shall be in accordance with
the design criteria and standards contained in the Charlotte-
Mecklenburg Land Development Standards Manual.
C. Qualifying areas of the Structural BMP's may be considered
pervious when computing total built upon area. However, if
the structure is used to compute the percentage built upon
area for one site, it shall not be used to compute the built
upon area for any other site or area.
D. The design of the Structural BMP's shall include the
appropriate easements for ingress and egress necessary to
perform inspections, maintenance, repairs and
reconstruction.
Conditions of S.W.I.M. Buffer Ordinance:
• Buffer Standards
Buffer Widths
Buffers are required for streams draining areas equal to or greater
than 100 acres as specified below. Buffer widths for these streams
are measured horizontally on a line perpendicular to the surface
water, landward from the top of bank on each side of the stream.
Drainage Area Stream Side Zone Managed Use Zone Upland Zone
> 100 acres 20 feet
> 300 acres 20 feet
> 640 acres 30 feet
none 15 feet
20 feet 10 feet
45 feet 25 feet
L\1000091\DOCS\RINDNER -032003.DOC\KW V

. shall be implemented. The structural stormwater practices as well as drainage
patterns must be maintained in perpetuity. No changes to the structural
stormwater management practices shall be without written authorization
from the Division of Water Quality." -additional conditions listed with
permit.
• "...Site specific stormwater management shall be designed to remove 85%
TSS according to the latest version of DWQ's Stormwater Best Management
Practices manual at a minimum." -WQC #3375
• "Approval of stormwater management plans by the Division of Water
Quality's other existing state stormwater programs including appropriate
local programs are sufficient to satisfy this Condition as long as the
stormwater management plans meet or exceed the design requirements
specified in this condition..." -WQC #3375
Conditions of the Lower Lake Wylie Watershed Overlay District:
• Maximum Allowable Built Upon Areas
Critical Area:
a. Residential
i. low density option - 20%
ii. high density option - 50%
b. Non-Residential
i. low density option - 20%
ii. high density option - 50%
Protected Area:
a. Residential
i. low density option - 24%
ii. high density option - 70%
b. Non-Residential
i. low density option - 24%
ii. high density option - 70%
• Buffer Areas Required
Undisturbed vegetative buffers are required along the shoreline of the Lower
Lake Wylie measured from the full pond elevation and along each side of all
perennial streams measured from the top of bank.
Critical Area:
a. low density option - 50'
L:\7000091\DOCS\RINDNER -032003.DOC\KWV

Refer to attached ordinance for buffer descriptions.
Compliance/Enforcement:
"An Occupancy Permit shall not be issued for any building within the
permitted development until City Engineering Department has approved the
stormwater control structure, as provided in Section 10.710.3(A)." -
Charlotte Code Part 7• Lower Lake Wylie Watershed Overlay
The above referenced sections of the attached ordinances and permits are provided to
depict the requirements imposed on the development of the Berewick project. In
addition, the locally imposed development requirements are shown to meet or exceed
the State's requirements for the projects stream impacts. In summary we would like
NCDENR to allow the local stormwater management requirements to satisfy the
conditions of the 401 Certification and allow those improvement to be phased with
the construction of the project. This letter is provided to assist you in facilitating this
request with NCDENR. Please feel free to call me should you have any questions or
comments.
Yo s truly,
evin W. ogel, P.E.
Principal
LANDDESIGN~ INC.
Enclosure
cc: Charles Teal, Pappas Properties
Scott Hebebrand, Pappas Properties
Dale Stewart, LandDesig\
Kevan Andrews, IandDesign
L:\7000091\DOCS\RINDNER -032003.DOC\KW V

Petition No. 99-65(c)
Petitioner: Mecklenburg County Department of Environmental Protection
A RESOLUTION AMENDING THE MECKLENBURG
COUNTY ZONING REGULATION OF THE
ORDINANCE NO. COUNTY CODE -ZONING ORDINANCE
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MECKLENBURG
COUNTY, NORTH CAROLINA:
Section 1. The Mecklenburg County Zoning Regulations as embodied in the Zoning Ordinance are
hereby amended as follows:
1. Amend CHAPTER 12: DEVELOPMENT STANDARDS OF GENERAL
APPLICABILITY, by adding a new PART as follows:
PART 8• S W I M (SURFACE WATER IMPROVEMENT AND MANAGEMENT)
STREAM BUFFERS
Section 12.801. Purpose.
The purpose of the stream buffer network in Mecklenburg County is to ensure that the stream
and adjacent lands will fulfill their natural functions. Stream systems are comprised of the
stream and their drainage basins. Streams have the primary natural functions of conveying
storm and ground water, storing floodwater and supporting aquatic and other life. Vegetated
lands adjacent to the stream channel in the drainage basin serve as a buffer to protect the
stream systems ability to fulfill its natural functions. Primary natural functions of the buffer
include:
Protect water quality by filtering pollutants;
Provide storage for floodwaters;
Allow channels to meander naturally; and
Provide suitable habitats for wildlife.
Section 12.802. Definitions.
For the purposes of Chapter 12, Part 8, the following words and phrases shall be defined as
specified below.
Best Management Practices (BMPs): A structural or nonstructural management-based
practice used singularly or in combination to reduce non-point source input to receiving
waters in order to achieve water quality protection goals.

Non-structural BMPs. Non-engineered methods to control the amount of non-
point source pollution. These may include land-use controls and vegetated
buffers.
Structural BMPs. Engineered structures that are designed to reduce the delivery
of pollutants from their source or to divert contaminants away from the water
supply. These may include wet detention ponds, detention basins, grass swales
and ditches, and infiltration devices.
2. Buffer: A natural or vegetated area through which storm water 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.
4. Buffer Widths: Viewed aerially, the stream buffer width is measured horizontally on a
line perpendicular to the surface water, landward from the top of the bank on each side of
the stream.
5. Drainage Basin: The area of land which drains to a given point on a body of water.
6. Floodplain Land Use Map (FLUM): A locally developed floodplain map which is used
for regulation of new development.
7. FLUM Floodway: The channel of a stream or other watercourse draining equal to or
greater than 640 acres (Federal Emergency Management Agency (FEMA) regulated) and
the adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than 0.1 feet, based on July
19991and use conditions.
8. FLUM FloodwayEncroachment Lines: The lateral limits of a floodway district, based on
July 1999 land use conditions, as shown on the Floodplain Land Use Map (FLUM),
3. Buffer Zones: The stream buffer is comprised of three (3) zones as shown below.

along streams or other bodies of water, within which, in the direction of the stream or
other body of water, no structure or fill may be added, unless specifically permitted
herein. Their purpose is to preserve the flood-carrying capacity of the floodway. Their
location is such that the floodway between them including the channel will handle the
base flood flow.
9. FEMA Fringe: The land area of a stream draining equal to or greater than 640 acres
located between the limits of the FLUM floodway encroachment lines and the maximum
elevation subject to inundation by the base (1% chance) flood based on July 19991and
use conditions.
10. Floodplain: The low, periodically flooded lands adjacent to streams. For land use
planning purposes, the regulatory floodplain is usually viewed as all lands that would be
inundated by the Regulatory Flood.
11. Miti ate Actions taken either on-site or off-site as allowed by this Part to offset the
effects of temporary or permanent loss of the buffer.
12. Stream: A drainage feature on the land surface for conveying water. As used in this Part,
the main channel of the Catawba River, Lake Norman, Mountain Island Lake and Lake
Wylie, is not a stream and this Part does not apply.
13. Top Of Bank: The landward edge of the stream channel during high water or bankfull
conditions at the point where the water begins to overflow onto the floodplain.
Section 12.803. Applicability.
All properties shall be subject to the buffer requirements of this PART 8 except those
properties which, as of the effective date of November 9, 1999, fit into one of the
following categories:
(a) Have been issued a Certificate of Building Code Compliance.
(b) Have a valid building permit.
(c) Have been subdivided by a recorded subdivision plat.
(d) Have been described by metes and bounds in a recorded deed which: If to be used
for residential purposes:
Are 1 acre or less in size.
If to be used for nonresidential purposes:
Are 4 acres or less in size if located on a non-FEMA regulated floodway, or
Are 7 acres or less in size if located on a FEMA regulated floodway.
(e) Are included on a valid preliminary subdivision plan.
(f) Have otherwise secured a vested property right under State law or local ordinance.
2. Redevelopment or expansions to uses included in the above categories are not subject to

the buffer requirements of this Part unless it would result in an increase in the total
impervious area within the buffer.
3. In the event that stream buffers are required by another Section of this Ordinance, the
more stringent stream buffer requirements apply.
Section 12.804. Buffer Standards.
Required stream buffer widths vary based on the size of the upstream drainage basin.
Mecklenburg County ^ s Geographic Information System (GIS) will serve as a tool to
delineate the size of drainage basins and specify the corresponding buffer widths. S.W.I.M.
stream buffer requirements specified in this PART 8 begin at the point where the stream
drains 100 acres or greater. Refer to the Charlotte-Mecklenburg Storm Water Design Manual
for optional buffers on streams which drain less than 100 acres.
1. Buffer widths for streams draining equal to and greater than 100 acres
Buffers are required for streams draining areas equal to or greater than 100 acres as
specified below. Buffer widths for these streams are measured horizontally on a line
perpendicular to the surface water, landward from the top of the bank on each side of the
stream.
Drainage Area Stream Side Managed Use Upland Total Width
Designation Zone Zone Zone of Buffer on each side
of Stream
> 100 acres 20 feet None 15 feet 35 feet
> 300 acres 20 feet 20 feet 10 feet 50 feet
>_ 640 acres ~l~ 30 feet 45 feet 25 feet PLUS 50% of 100 feet PLUS 50% of
the area of the FEMA the area of the FEMA
fringe beyond 100 feet fringe beyond 100 feet
Footnotes:
~l~ Buffer widths for drainage areas of > 640 acres:
1. The FEMA fringe and FLUM floodway encroachment lines will be used
for floodplain and buffer calculations.
2. If the floodplain is less than 100 feet wide, the total width of the buffer on
that side of the stream will be 100 feet except as provided in 4. below.
3. The landowner/developer has discretion to designate the buffer zone
beyond the 100-foot minimum. The additional buffer area beyond 100
feet must be contiguous with at least a portion of the required 100-foot

buffer and be configured in such a manner as to benefit water quality.
4. So long as the total buffer width is maintained, the buffer may vary in
width on either side of the stream based on individual stream side
topography provided that the owner(s) control both sides of the stream and
the stream side zone is maintained on both sides of the stream.
5. Buffer requirements do not apply to the main channel of the Catawba
River including Lake Norman, Mountain Island Lake and Lake Wylie.
2. Buffer description
Buffer function, vegetation and use vary according to the different buffer zones as
described in the following table.
Characteristics Stream Side Zone Managed Use Zone Upland Zone
Function Protect the integrity of the Provide distance between Prevent encroachment
ecosystems upland development and and filter runoff
the stream side zone
Vegetative Undisturbed (no cutting Limited clearing - Grass or other
Targets ~l~ or clearing allowed) - If Existing tree density must herbaceous ground
existing tree density is be retained to a minimum cover allowed -Forest
inadequate, reforestation is of 8 healthy trees of a is encouraged
encouraged minimum 6 inch caliper
per 1000 square feet - If
existing tree density is
inadequate, reforestation
is encouraged
Uses (2) Very restricted -Permitted Restricted -Permitted Restricted -Permitted
uses limited to: flood uses limited to: all uses uses limited to: all uses
control structures and bank allowed in the Stream allowed in the Stream
stabilization as well as Side Zone, as well as Side and Managed Use
installation of utilities and storm water best Zones, as well as
road crossings with management practices grading for lawns,
stabilization of disturbed (BMPs), bike paths, and gardens, and gazebos
areas as specified in Section greenway trails (not to and storage buildings
12.806.2 exceed 10 feet in width) (non-commercial and
not to exceed 150
square feet)
Footnotes:
~l~ Re-vegetation of disturbed buffers is required as specified in the Charlotte-
Mecklenburg Land Development Standards Manual when such disturbances result

in the failure of the buffer system to comply with the vegetative targets specified
above. The manual also contains recommended tree densities for each zone for
voluntary reforestation efforts.
(Z) Fill material can not be brought into the buffer. Grading is allowed only in the
Upland Zone. Commercial buildings or occupied structures are not allowed in the
buffer. Permitted uses within the buffer zones should be coordinated to ensure
minimal disturbance of the buffer system. For example, if it is necessary to install
utilities within the buffer, every attempt should be made to build greenway trails so
they follow the cleared areas instead of additional clearing.
3. Diffuse flow requirement
Diffuse flow of runoff shall be maintained in the buffer by dispersing concentrated flow
and reestablishing vegetation. Techniques for providing diffuse flow are specified in the
Charlotte-Mecklenburg Land Development Standards Manual.
(a) Concentrated runoff from ditches or other manmade conveyances shall be
converted to diffuse flow before the runoff enters the buffer.
(b) Periodic corrective action to restore diffuse flow shall be taken by the property
owner as necessary to prevent the formation of erosion gullies.
4. Ponds
Ponds which intersect the stream channel shall have the same buffers as the original
stream measured from the top of the bank of the pond. Buffer requirements shall not
apply to wet ponds used as structural BMPs.
5. Buffer delineation
The following buffer delineations are required:
(a) Streams and buffer boundaries including all buffer zones must be clearly delineated
on all construction plans, including grading and clearing plans, erosion, drainage
and sediment control plans and site plans.
(b) Outside buffer boundaries must be clearly marked on-site prior to any land
disturbing activities.
(c) The outside boundary of the buffer must be permanently marked at highway stream
crossings.
(d) Streams and buffer boundaries including the delineation of each buffer zone must
be specified on all surveys and record plats.
(e) Buffer requirements must be referenced in homeowners ^ association documents.
Section 12.805. Incentives.
1. Purpose

The purpose of this section is to set forth incentives to offset restrictions that buffer
requirements place on development. These incentives promote open space development
that incorporates smaller lot sizes to minimize total impervious area within the
development, reduce total construction costs, conserve natural areas, provide community
recreational space, and promote protection of streams.
2. Reduction in lot size
Allow aone-for-one credit in lot size reduction in addition to what is allowed in Section
9.205(4)(a) provided this is not below the minimum requirement for the next lower
zoning classification.
3. Relax lot setback requirements
For all lots within a development requiring a SWIM buffer, setback requirements as
specified in Section 9.205(4) are reduced as follows:
(a) Front setbacks can be reduced to a minimum of 15 feet for all lots except front
loaded garages must maintain a minimum setback of 20 feet.
(b) Rear setbacks can be 100 % within a SWIM buffer. Rear setbacks can be reduced
to 30 feet on all internal lots. Rear yards forming the outer boundary of a project
must conform to the minimum of subsection 9.205(1)(g) for the zoning district in
which the development is located.
(c) Side setbacks can be reduced to a minimum of 3 feet provided all fire code
requirements are satisfied.
4. Omen space
SWIM buffer areas can be used toward satisfying the required open space minimums for
the development if dedicated.
5. Densi bonus
In addition to the provisions 2 through 4 above:
(a) Single family development projects may be granted a density bonus provided the
entire required SWIM buffer area or the entire SWIM buffer area plus any
additional buffer area is dedicated as common open space. Such dedication must be
to a homeowners^ association or a public or private agency that agrees to accept
ownership and maintenance responsibilities for the space. The density bonus is
calculated as follows:
The entire dedicated buffer area in acres multiplied by the maximum residential
density number of the underlying zoning district.
(b) Lots within single family projects that meet the above density bonus need not meet
the minimum lot width requirements set out in subsection 9.205(1) provided that

each lot meets the minimum lot width requirements set forth in Table 9.205(5).
Section 12.806. Miti ate ion.
1. Purpose
The purpose of this section is to set forth the basis on which mitigation is required for
unavoidable or approved buffer impacts within any of the buffer zones. This
mitigation basis shall allow the property owner or other entity the opportunity to
disturb a buffer, provided that steps are taken to offset the buffer loss. Prior to
any buffer impact, any person or entity seeking approval of a buffer impact shall
submit the requisite site and mitigation information for approval to the
Mecklenburg County Department of Environmental Protection as specified
below, to the extent approval is required by this Part.
2. Buffer impacts not requiring miti ag tion
The following buffer impacts do not require mitigation or specific plan approval but are
required to comply with the specifications provided in the Charlotte-Mecklenburg Land
Development Standards Manual for stabilization of disturbed areas to minimize negative
water quality impacts.
(a) Road crossings for connectivity or transportation links where the Charlotte-
Mecklenburg Planning Commission has granted site plan approval.
(b) Utility crossings.
(c) Parallel water and sewer utility installation as approved by Charlotte-Mecklenburg
Utilities.
(d) Public paths and trails parallel to the stream outside the Stream Side Zone and
stream crossings. Pathways must use existing and proposed utility alignments or
previously cleared areas and minimize tree cutting to the maximum extent
practicable. To the extent possible, pathways shall preserve existing drainage
patterns and avoid drainage structures that concentrate storm water.
(e) Incidental drainage improvements/repairs for maintenance.
(f) Individual pedestrian paths connecting homeowners to the stream in the form of
narrow, pervious footpaths with minimal tree disturbance.
(g) New domesticated animal trails (farming) where existing trails are lost as a result of
action beyond the farmer^s control. Stream crossings should be constructed and
maintained to minimize impacts to the Stream Side Zone with fencing
perpendicular and through the buffer to direct animal movement.
(h) Mitigation approved by a State or federal agency acting pursuant to Sections 401 or
404 of the federal Clean Water Act.
3. Buffer impacts requiring miti ag tion

Impacts to stream buffers not specified in Section 12.806.2, proposed to allow
development or other land use in a buffer, shall be required to mitigate or offset the
proposed impact in accordance with this Section. Buffer impacts requiring mitigation
and plan approval include:
Filling or piping of streams
Removal of vegetation from the Stream Side or Managed Use Zones other than as
specified by Section 12.804.2
^ Vegetative Targets. ^
Paths proposed within the Stream Side Zone
Stream relocations
Fences and walls requiring tree removal in the Stream Side or Managed Use Zones
Other buffer impacts not permitted under Section 12.804.2.
The landowner or other entity proposing any of the impacts specified above shall prepare
and submit for approval a site specific plan to the Mecklenburg County Department of
Environmental Protection. This site plan shall show the extent of the proposed impact
and clearly specify the proposed mitigation technique.
4. Pre-approved mitigation techniques
The following techniques are available to landowners for mitigation of buffer impacts,
upon review and approval of a specific site mitigation plan by the Mecklenburg County
Department of Environmental Protection. Specifications for these pre-approved
mitigation techniques are provided in the Charlotte-Mecklenburg Land Development
Standards Manual.
(a) Installation of Structural BMPs: The installation of an on-site structural BMP
designed to achieve specified pollutant removal targets will allow for stream buffer
impacts on the specific site. The BMP should remain outside the Stream Side Zone
if practical. A detailed BMP design plan must be submitted to the Mecklenburg
County Department of Environmental Protection for approval based on
specifications and pollutant removal targets contained in the Charlotte-
Mecklenburg Land Development Standards Manual. This plan must also include a
long term maintenance strategy for the BMP complete with the establishment of
adequate financing to support the proposed maintenance practices.
(b) Stream Restoration: The owner may restore and preserve the buffer area on any
stream of equivalent or greater drainage area the condition of which is determined
to be qualified for restoration by the Mecklenburg County Department of
Environmental Protection on a 1:1 basis in linear feet of stream. This restoration
shall include stream bank improvements and Stream Side and Managed Use Zone
re-vegetation, in accordance with the Charlotte-Mecklenburg Land Development
Standards Manual.
(c) Stream Preservation: The owner may purchase, fee simple, other stream segments

at equivalent or greater drainage area on a 1:1 linear foot basis and convey fee
simple and absolute title to the land to the City/County or other conservation
organization.
(d) Wetlands Restoration: On a 2:1 acreage basis for disturbed stream and buffer area
(2 acres of wetland for each acre of disturbed area), the owner may provide a
combination of the preservation and/or restoration of wetlands with protective
easements, and the implementation of structural or non-structural BMPs to achieve
specific pollutant removal targets within the impacted area as specified in the
Charlotte-Mecklenburg Land Development Standards Manual.
(e) Bottom Land Hardwood Preservation: On a 2:1 acreage basis for impacted stream
and buffer area (2 acres of bottomland hardwood for each acre of disturbed area),
the owner may provide a combination of the preservation of existing bottom land
hardwood forest or other specifically approved natural heritage area by
conservation easement or other legal instrument, and the implementation of
structural or non-structural BMPs to achieve specific pollutant removal targets
within the impacted area as specified in the Charlotte-Mecklenburg Land
Development Standards Manual.
(f) Controlled Impervious Cover: The owner may commit to, and provide, a specific
site development plan that limits overall site impervious cover equal to or less than
24%. Development on this basis shall allow for stream buffer impacts on the
specific site. Preservation of the Stream Side Zone is encouraged.
(g) Open Space Development: The submission of a specific site development plan
which preserves 50% of the total land area as undisturbed open space shall allow
for stream buffer impacts on the specific site.
(h) Mitigation Credits: The purchase of mitigation credits on a 1:1 basis utilizing
linear feet of stream impacted and the prevailing rate of purchase as established by
the Mecklenburg County Department of Environmental Protection shall allow for
stream buffer impacts on the specific site. Mitigation credits purchased under any
other program (i.e., U.S. Army Corp of Engineers) shall not cover this requirement
unless the issuing agency agrees to relinquish the funds to the appropriate
City/County agency.
5. Other mitigation techniques
No provision of this Part shall prevent the creative development of alternative mitigation
plans. The owner shall submit such plan with proposed buffer impacts and detailed
mitigation information to the Mecklenburg County Department of Environmental
Protection for approval. The criteria used to judge the acceptability of any alternative
plan shall be the degree to which the plan addresses the preservation of the four primary
natural functions of stream buffers. Such plans maybe submitted in conjunction with a
mitigation plan submission to the U.S. Army Corp of Engineers and N.C. Department of
Environment and Natural Resources for proposed stream or wetland impacts. The
Mecklenburg County Department of Environmental Protection, when considering
proposed mitigation alternatives, shall give equal weight to proposals which utilize the
10

preservation of unique or endangered habitat or natural areas against proposed buffer
impacts.
6. Postine of financial security required for structural BMPs
When structural BMPs (wet detention ponds and other BMPs) are approved for
mitigation of a buffer disturbance, the approval shall be subject to the owner filing a
surety bond or letter of credit or making other financial arrangements which are
acceptable to the Mecklenburg County Department of Environmental Protection, in a
form which is satisfactory to the County Attorney, guaranteeing the installation and
maintenance of the required structural BMPs until the issuance of certificates of
occupancy for seventy-five percent (75%) of all construction which might reasonably be
anticipated to be built within the area which drains into the BMPs, allowing credit for
improvements completed prior to the submission of the final plat. At such time that this
level of occupancy is achieved, written notice thereof must be given by the owner to the
Mecklenburg County Department of Environmental Protection. The owner must also
verify the adequacy of the maintenance plan for the BMPs including the necessary
financing to support the proposed maintenance practices. The Mecklenburg County
Department of Environmental Protection will inspect the structural BMPs and verify the
effectiveness of the maintenance plan and if found satisfactory, will within 30 days of the
date of the notice notify the owner in writing.
7. Maintenance responsibilities for structural BMPs -Civil Penalties
Maintenance of all structural BMPs shall be the responsibility of the property owner or
his designee. Any person who fails to maintain the required BMPs in accordance with
the approved maintenance plan shall be subject to a civil penalty of not more than $500.
Each day that the violation continues shall constitute a separate violation. No penalties
shall be assessed until the person alleged to be in violation has been notified in writing of
the violation by registered or certified mail, return receipt requested, or by other means
which are reasonably calculated to give actual notice. The notice shall describe the
nature of the violation with reasonable particularity, specify a reasonable time period
within which the violation must be corrected, and warn that failure to correct the
violation within the time period shall result in assessment of a civil penalty or other
enforcement action.
Section 12.806. Appeals and Variances.
Appeals and variances from this Part shall be subject to Chapter 5 of these regulations.
11

Section 2. That this Part shall become effective upon its adoption.
APPROVED AS TO FORM:
County Attorney
Read, approved and adopted by the Board of County Commissioners of Mecklenburg County,
North Carolina, in meeting on the 9th day of November, 1999.
Clerk, Board of County Commissioners
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CHARLOTTE CODE
PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
Section 10.701. Purpose.
The purpose of the Lower Lake Wylie Watershed Overlay District is to support the protection of
Lake Wylie's water quality and to provide protection to public water supplies from Mecklenburg
County's contribution to surface water degradation through the application of land use
requirements for the control of non-point source pollution.
The Lower Lake Wylie Watershed Overlay District is that area within Mecklenburg County that
contributes surface drainage into that portion of the Catawba River known as Lake Wylie and its
tributaries from Paw Creek watershed southward. The Lower Lake Wylie Watershed Overlay
District sub areas are specifically defined on the Mecklenburg County Zoning Maps.
Section 10.702. General Definitions.
For the purposes of Chapter 10 Part 7, the following words and phrases shall be defined as
specified below.
Agricultural Use. The use of waters for stock watering, irrigation, and other farm
purposes.
Best Management Practices (BMP's). A structural or nonstructural management-based
practice used singularly or in combination to reduce non-point source input to receiving
waters in order to achieve water quality protection goals.
Non-structural BMP's. Non-engineered methods to control the amount of non-
point source pollution. These may include land-use controls and vegetated
buffers.
Structural BMP's. Engineered structures that are designed to reduce the delivery
of pollutants from their source or to divert contaminants away from the water
supply. Structural BMP's allowed for use under the High Density Option are
those which have been approved by the North Carolina Division of Water Quality
and City of Charlotte. These include wet detention ponds, extended dry detention
ponds, and grass swales.
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PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
Buffer. A natural or vegetated undisturbed area 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 full pond elevation of impounded structures and from the top of the bank of each
side of streams or rivers.
Built-upon area B.U.). Built-upon areas shall include that portion of a development
project and/or lots that are covered by impervious or partially impervious cover including
buildings, pavement, gravel roads, recreation facilities (e.g. tennis courts), etc. (Note:
wooden slatted decks and the water area of a swimming pool are considered pervious.)
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.
Discharge. The addition of any man induced waste effluent either directly or indirectly
to N.C. surface waters.
Full Pond Elevation. The Lower Lake Wylie full pond elevation as determined by the
United states Geological Survey (LT.S.G.S.) Datum.
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 Discharge. The discharge of industrial process treated wastewater or
wastewater other than sewage and includes:
(1) wastewater resulting from any process of industry or manufacture, or from the
development of any natural resource;
(2) wastewater resulting from processes of trade or business, including wastewater
from Laundromats and car washes, but not wastewater from restaurants;
(3) stormwater will not be considered to be an industrial wastewater unless it is
contaminated with industrial wastewater; or
(4) wastewater discharged from a municipal wastewater treatment plant requiring a
pretreatment program.
Mitigation. Actions taken either on-site or off-site as allowed by this Part to offset the
effects of temporary or permanent loss of the buffer.
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PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
Nonresidential Development. All development other than residential development,
agriculture and silvilculture.
Perennial Stream. A stream or creek containing a continuous natural flow of water
throughout the year except possibly under exceptionally dry conditions. Such streams
are identified on United States Geological Survey Quadrangle Maps.
Protected Area. The area adjoining and upstream of the Critical Area of water supply
watersheds where risk of water quality degradation from pollution while still greater than
non watershed designated areas, is less than in the Critical Area.
Septic Tank System. Aground absorption sewage disposal system consisting of a
holding or settling tank and a ground absorption field.
State Standard. A quality standard for an applicable WS classification as established by
the North Carolina Environmental Management Commission.
Subdivider. Any person, firm or corporation who subdivides or develops any land
deemed to be a subdivision as herein defined.
Subdivision. A subdivision will include all divisions of a tract or parcel of land into two
or more lots, building sites, or other divisions for the purpose, whether immediate or
future, of sale, or building development of any type, including both residential and
nonresidential multiple building site and multi-site projects even if there is no division of
the underlying land into separate parcels which is to be recorded with the Register of
Deeds and also includes all divisions of land involving the dedication of a new street or a
new street right-of--way or a change in existing streets; provided, however, that the
following will not be included within this definition nor be subject to the requirements of
this ordinance:
The combination or recombination of portions of parcels created and recorded
prior to January 1, 1988, or portions of lots platted in compliance with this
ordinance after January 1, 1988, where the total number of parcels or lots is not
increased and the resultant parcels are equal to the standards of this ordinance.
2. The division of land into parcels greater than 5 acres where no street right-of--way
dedication is involved.
The creation of strips of land for the widening or opening of streets or the location
of public utility rights-of--way.
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PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
4. The division of a tract in single ownership whose entire area is no greater than
two acres into not more than three lots, where no street right-of--way dedication is
involved and where the resultant lots are equal to or exceed the standards of the
appropriate zoning classification.
5. The division of land plots or lots for use as a cemetery.
6. Creation of a separate lot or building site by a less than fee simple instrument,
such as a ground lease, when the property interest created is divided from the
original parcel for ten years or less, including options to renew.
The lease of space or other area within a building owned by the landlord.
8. Easements for the purposes of utilities, driveways, parking, footpaths, trails or
other similar purposes.
9. The division of a tract or parcel into separate tracts or parcels, or the creation of
interests in lots or parcels, by means of (a) a deed of trust, mortgage, or similar
security interest solely for the purpose of securing any bona fide obligation
(including transfers of such parcels or tracts pursuant to foreclosure or deeds in
lieu of foreclosure) and (b) releases from the liens and operation of such deeds of
trust, mortgages, or similar security interests.
10. Proceedings to partition interests in lots or parcels pursuant to Chapter 46 of the
North Carolina General Statutes (or any successor statute) resulting in the
division of a lot or parcel into two or more lots or parcels except where the
partition proceeding is brought to circumvent the provisions of this Ordinance.
11. Transfers of tracts or parcels by inheritance or bona fide gift.
12. Condemnation or deed in lieu of condemnation, by either a public or private
condemnor; provided, however, that the condemnor must comply with the
requirements of this ordinance as to the property acquired, either prior to the
commencement of any development of the property acquired, or prior to the
issuance of any building permit on the property acquired, or within six months
following the date of acquisition, whichever date first occurs.
Variance, Local Watershed. A variance from the requirements of this part which would
not result in the relaxation of any State Standard.
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PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
Variance, Manor Watershed. A variance from the requirements of this part that would
result in the relaxation of any State Standard and any one or more of the following:
(1) The relaxation, by a factor greater than ten (10%) percent, of any management
requirement under the low-density option.
(2) The relaxation, by a factor greater than five (5%) percent, of any buffer, density,
or built-upon area requirement under the high-density option.
(3) Any variation in the design, maintenance, or operation requirements of a wet
detention pond or other approved stormwater management system.
Variance, Minor Watershed. A variance from the minimum statewide watershed
protection rules that results in a relaxation, by a factor of up to and including 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 and including ten (10) percent,
of any management requirement under the low density option.
Water Dependent Structures. Those structures for which the use requires access or
proximity to or siting within surface waters to fulfill its basic purpose, such as boat
ramps, boat houses, docks, piers, bulkheads and similar structures. Ancillary facilities
such as restaurants, outlet for boat supplies, parking lots, and commercial boat storage
areas are not water dependent structures.
Watershed. The entire land area contributing surface drainage into a stream, creek, lake
or other body of water.
Section 10.703. Exceptions to applicability.
1. Existing Development, as defined herein, is not subject to the requirements of this
part. Expansion to structures classified as existing development must meet the
requirements of this part, however, the built upon area of the existing
development is not required to be included in the impervious area calculations.
Existing development. Existing Development means projects that are built or
projects that at a minimum have established a vested right under North Carolina
zoning law as of the effective date of the amendment incorporating these
regulations into the zoning ordinance based on at least one of the following
criteria:
a. Substantial expenditures of resources (time, labor, money) based on a
good faith reliance upon having received valid local government approval
to proceed with the project; or
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CHARLOTTE CODE
PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
b. Having an outstanding valid building permit; or
c. Having an approved site specific or phased development plan.
2. An existing lot, as defined herein, and for which vested rights have been
established, may be developed for single family residential purposes, subject only
to the buffer requirements of this part; however, this exemption is not applicable
to multiple contiguous lots under single ownership.
Existing lot. A lot which is part of a subdivision, a plat of which has been
recorded in the Office of the Register of Deeds prior to the adoption of this
ordinance, or a lot described by metes and bounds, the description of which has
been so recorded prior to the adoption of this ordinance.
3. Existing public utilities may expand without being subject to the restrictions of
this part provided that:
a. Such expansion complies with all applicable laws and regulations of the
State of North Carolina and the United States of America, including the
minimum statewide water supply watershed management requirements
adopted by the North Carolina Environmental Management Commission
("EMC"); and
b. POTW's located within the critical area or the protected area may expand
provided that:
An evaluation of alternatives is completed by the Utility that
considers non-discharge options, conjunctive reuse of reclaimed
effluent, alternative discharge locations, and regionalization and/or
consolidation of existing and/or future discharges;
ii. The NPDES permit limits for the discharge from the expanded
plant are established to prevent violations of water quality
standards established for the receiving water body;
iii. Where practical, increases in the hydraulic discharge from the
POTW should be offset by proportional reductions in the NPDES
permit effluent characteristics concentrations and/or by the
establishment of limits for additional effluent characteristics.
However, in no case should the new, permitted effluent
characteristics exceed those determined to be necessary to protect
the receiving water body to the water quality standards applicable.
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CHARLOTTE CODE
PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
iv. A public notice and comment period is included as part of the
expansion process.
Section 10.704. Lower Lake Wylie Watershed Overlay District Subareas established.
Critical Area. The Critical Area extends one-half mile ('/z) inland from the full
pond elevation of 569.4' above sea level of Lower Lake Wylie from the upstream
side of the Paw Creek Arm ("Paw Creek Cove"), to the South Carolina state line
as shown more specifically on the Mecklenburg County Zoning Maps.
2. Protected Area. The Protected Area extends from the outer boundaries of the
Critical Area to the extent of the watershed or approximately five (5) miles from
the Lake upstream in the Paw Creek drainage basin as shown more specifically on
the Mecklenburg County Zoning Maps.
Section 10.705. Uses and standards established.
Unless otherwise provided below all uses, standards, minimums and maximums established by
the underlying zoning district shall apply.
Critical Area
The intent is to require higher standards in the Critical Area because of the greater
risk of water quality degradation from pollution. The following uses and
standards apply to the Critical Area and shall be permitted if they meet the
standards of this Part and all other requirements of this ordinance.
(a) Uses Permitted under Prescribed Conditions
Those listed below and all those permitted in the underlying zoning
district except as provided in Section 10.605.1(D).
1. Storage of Hazardous Materials, subject to the filing and approval
of a spilUfailure containment plan with the Mecklenburg County
Fire Marshall.
2. Structural BMP's, where allowed under the Low Density or High
Density Option
3. Irrigation with tertiary treated domestic wastewater effluent
4. Publicly controlled wastewater treatment plants requiring an
NPDES permit.
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PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
(b) Prohibited Uses
1. Landfills, sanitary, construction & demolition, land clearing &
inert debris
2. Petroleum Contaminated Soils, Treatment or Disposal
3. Sludge Applications
4. Wastewater Treatment Plants, new privately owned or operated for
domestic or industrial waste requiring NPDES permit.
5. Land application for treatment and disposal of domestic or
industrial waste
2. Protected Area
The intent is to allow development with fewer restrictions in the Protected area
because the risk of water quality degradation from pollution is less than in a
Critical Area because of the distance from the water body. These uses and
standards shall apply to the protected area and shall be permitted if they meet the
standards of this Part and all other requirements of this ordinance.
(a) Uses Permitted under Prescribed Conditions
1. Storage of Hazardous Materials, subject to the filing and approval
of a spilUfailure containment plan with the Mecklenburg County
Fire Marshall.
2. Structural BMP's, where allowed under the Low Density or High
Density Option
3. Irrigation with tertiary treated domestic wastewater effluent
4. Publicly controlled wastewater treatment plants requiring an
NPDES permit
5. Land clearing & inert debris landfills requiring a State permit
(b) Prohibited Uses
1. Landfills: sanitary, construction & demolition
2. Petroleum Contaminated Soils, Treatment or Disposal
3. Sludge Applications
4. Wastewater Treatment Plants and associated discharges, new
privately owned or operated for domestic or industrial waste
requiring NPDES permit
5. Land application for treatment and disposal of domestic or
industrial waste
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PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
Section 10.706. Development Standards for the Lower Lake Wvlie Watershed Overlay.
Unless otherwise provided below all uses, standards, minimums and maximums established by
the underlying zoning district shall apply. All uses permitted in the Lower Lake Wylie
Watershed Overlay shall meet the applicable development standards established in this section.
1. Critical Area: Maximum Allowable Built Upon Area (%B.U.)~2~
a. Residential
i. low density option - 20%
ii. high density option~'~ - 50%
b. Non-Residential
i. low density option - 20%
ii. high density option~'~ - 50%
2. Protected Area: Maximum Allowable Built Upon Area (%B.U.)~Z'
a. Residential
i. low density option - 24%
ii. high density option~'~ - 70%
b. Non-Resitdential
i. low density option - 24%
ii. high density option°~ - 70%
Footnotes to Chart 10.706.1 and 10.706.2
°~ High Density Option -See Section 10.709
cz~ Percentages apply on an individual lot basis for lots of record established on or before
the effective date of these regulations. Lots of record established thereafter will be
subject to these percentages unless otherwise specified on a recorded plat or on a
subdivision plan approved by the Charlotte-Mecklenburg Planning Commission.
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PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
Section 10.707. Cluster Development.
Cluster Development, as defined in Section 2.201 of the City of Charlotte Zoning Ordinance is
permitted in the Critical and Protected Areas in accordance with the following regulations.
1. Subject to all the cluster requirements of the underlying zoning district.
2. Percent (%) Built Upon shall not exceed the allowed percent (%) Built Upon for
the watershed area.
3. The remainder of the tract shall remain in a vegetated or natural state as common
open space except that non-impervious recreational uses are permitted provided
that they are located a minimum of 30 feet from the stream bank. Impervious
recreational uses are permitted if they are located outside of any required buffer
and do not exceed the allowable percentage built upon for the project.
4. Subject to the buffer area requirements of Section 10.7608.
Section 10.708. Buffer areas required.
Undisturbed vegetative buffers are required along the shoreline of the Lower Lake Wylie
measured from the full pond elevation and along each side of all perennial streams measured
from the top of bank.
1. Critical Area
In the critical area the minimum buffer areas are as follows:
a. low density option - 50'
b. high density option - 100'
2. Protected Area
In the protected area the minimum buffer areas are as follows:
a. low density option - 40'
b. high density option - 100'
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PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
Additional buffer requirements:
No permanent structures, built upon areas, septic tanks systems or any other
disturbance of existing vegetation shall be allowed within the buffer except as
follows:
a. No trees larger than 2-inch caliper are to be removed except for dead or
diseased trees. Trees less than 2-inch caliper and undergrowth maybe
removed to be replaced by an effective stabilization and filtering ground
cover based upon the Watershed Buffer Guidelines for Mecklenburg
County contained in Appendix 5 and as approved by the County
Environmental Protection Department.
b. Streambank or shoreline stabilization is allowed as approved on a plan
submitted to the City Engineer and the and the County Environmental
Protection Department.
c. Water dependent structures and public projects such as road crossings,
sewer lines, runways and greenway paths are allowed where no practical
alternative exists. These activities should minimize built-upon surface
area, direct runoff away from surface waters and maximize the utilization
of nonstructural BMP's and pervious materials.
d. During new development or the expansion of existing development the
City can require enhancement of the existing vegetation in the buffer if
necessary so that the buffer can effectively perform its filtering and
absorption functions based on the Watershed Buffer Guidelines for
Mecklenburg County contained in Appendix 5.
e. Non-impervious recreational development and non-impervious pedestrian
trails may be allowed in the required buffer if located a minimum of 30
feet from the stream bank.
£ Buffer width shall be increased 50% for new developments under the
high-density option located along the Lakeshore that have average slopes
equal to or greater than 50% within the 100 foot buffer.
The average slope shall be calculated by measuring the slope from the
highest and lowest elevations at the 100-foot buffer to the 569.4 foot full
pond elevation of Lake Wylie. The sum of the two (2) measurements will
be divided by two (2) to determine the average slope within the 100-foot
buffer. The additional buffer area shall be applied in areas of the tract
where slopes are greatest to obtain the maximum benefit from the
increased buffer area.
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PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
4. Re-Vegetation of disturbed buffers required.
Should existing vegetation within the buffer be disturbed (except as allowed by this
Ordinance) or should vegetation which was added to a buffer pursuant to the
requirement that existing vegetation in the buffer be enhanced be disturbed (except
as allowed by this Ordinance), the Zoning Administrator shall require that any
vegetation remaining in the buffer be enhanced in accordance with the Watershed
Buffer Guidelines for Mecklenburg County contained in Appendix 5 so that the
buffer can effectively perform its filtering and absorption functions.
5. If a building permit is required for property improvement under the High Density
Option, which will result in an increase in impervious area, shoreline stabilization
is required as needed and allowed when unstable shorelines are present; and as
approved on a plan submitted to the City Engineer or their designee and the
County Environmental Protection Department and as allowed by Duke Power's
Shoreline Management Plan.
Section 10.709. Mitigation
Buffer impacts are allowed only under legitimate "hardship" situations and only following
approval of asite-specific mitigation plan by the Mecklenburg County Department of
Environmental Protection. The following techniques are available for mitigation. Specifications
for these pre-approved mitigation techniques are provided in the Charlotte-Mecklenburg Land
Development Standards Manual.
Buffer Restoration:
The owner may restore and preserve the buffer area on any stream of equivalent
or greater drainage area within the Lower Lake Wylie Watershed area the
condition of which is determined to be qualitfied for restoration by the
Mecklenburg County Environmental Protection Department on a 1:1 basis
utilizing the square feet of buffer impacted. This restoration shall include stream
bank improvements.
2. Buffer Preservation:
The owner may purchase, fee simple, other stream segments at equivalent or
greater drainage area on a 1:1 square foot basis and convey fee simple and
absolute title to the land to the City/County or other conservation organization.
10-70

CHARLOTTE CODE
PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
Mitigation Credits:
The purchase of mitigation credits on a 1:1 basis utilizing the square feet of buffer
impacted and the established rate of purchase shall allow for stream buffer
impacts on the specific site. Mitigation credits purchased under any other
program (i.e., U.S. Army Corp of Engineers) shall not cover this requirement
unless the issuing agency agrees to relinquish the funds to the appropriate
City/County agency.
Section 10.710. HiEh Density Option.
The High Density Option allows for a greater development density provided engineered controls
(Structural BMP's) are used to manage stormwater runoff. Structural BMP's are required under
the High Density Option. High density development shall meet the requirements of this section,
the Charlotte-Mecklenburg Land Development Standards Manual and other published standards
of the City Engineering Department.
High Density Permit Application.
A. A High Density Development Permit shall be required for new
development exceeding the requirements of the low density option.
B. Application for a High Density Development Permit shall be submitted as
follows:
Development plans subject to the Subdivision Ordinance and the
Sediment and Erosion Control Ordinance and reviewed through
the Charlotte-Mecklenburg Planning Commission will submit the
High Density Development Permit to the Subdivision
Administrator as part of the subdivision review application
process.
ii. Development plans not subject to the Subdivision Ordinance will
submit the High Density Development Permit to the City Engineer
as part of the Sediment and Erosion Control requirements of the
building permit application process.
10 - 71

CHARLOTTE CODE
PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
iii. Applications for the High Density Option shall be made on the
proper form and shall include the following information:
a. A completed High Density Development Permit
Application signed by the owner of the property. The
signature of the consulting engineer or other agent will be
accepted on the application only if accompanied by a letter
of authorization.
b. Required number of development plans and specifications
of the stormwater control structure.
Submittal of a sediment and erosion control plan to the
appropriate agency.
d. Permit application fees.
2. Structural BMP's
A. All Structural BMP's shall be designed and stamped by either a North
Carolina registered professional engineer or landscape architect.
B. Structural BMP's shall be designed for specific pollutant removal
according to modeling techniques approved by the North Carolina
Division of Water Quality. Specific requirements for these systems shall
be in accordance with the design criteria and standards contained in the
Charlotte-Mecklenburg Land DeveloRment Standards Manual.
C. Qualifying areas of the Structural BMP's may be considered pervious
when computing total built-upon area. However, if the structure is used to
compute the percentage built-upon area for one site, it shall not be used to
compute the built-upon area for any other site or area.
D. The design of the Structural BMP's shall include the appropriate
easements for ingress and egress necessary to perform inspections,
maintenance, repairs and reconstruction.
10-72

CHARLOTTE CODE
PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
Installation of Structural BMP's
A. SUBDIVISIONS -Posting of Financial Security Required
When Structural BMP's (Structural BMP's) are required under the High
Density Option for subdivisions, the approval of the High Density
Development Permit will be subject to the owner filing a surety bond or
letter of credit or making other financial arrangements which are
acceptable to the City Engineering Department in an amount to be
determined by the City Engineering Department in consultation with other
agencies, such as the Environmental Protection Department, in a form
which is satisfactory to the City Attorney, guaranteeing the installation
and maintenance of the required Structural BMP's until issuance of
certificates of occupancy for seventy-five percent (75%) of all
construction which might reasonably be anticipated to be built within the
area which drains into the Structural BMP's, allowing credit for
improvements completed prior to the submission of the final plat. Upon
issuance of certificates of occupancy for seventy-five percent (75%) of all
anticipated construction relative to the required Structural BMP's, written
notice thereof must be given by the owner to the City Engineering
Department. The City Engineering Department will arrange for an
inspection of the Structural BMP's and if found satisfactory, will within 30
days of the date of notice notify the owner in writing.
B. Property Other Than SUBDIVISIONS -Civil Penalties
Any person who fails to install or maintain the required structural BMP in
accordance with this chapter, shall be subject to a civil penalty of not more
than $500. No penalties shall be assessed until the person alleged to be in
violation has been notified of the violation by registered or certified mail,
return receipt requested, or other means which are reasonably calculated
to give actual notice. The notice shall describe the violation with
reasonable particularity, specify a reasonable time period within which the
violation must be corrected, and warn that failure to correct the violation
within the time period will result in the assessment of a civil penalty or
other enforcement action. Each day that the violation continues shall
constitute a separate violation.
10-73

CHARLOTTE CODE
PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
4. Maintenance Responsibility of Structural BMP's
A. For single family developments, the owner may petition the City Council
for acceptance of maintenance responsibilities of the Structural BMP's.
The City will accept maintenance responsibilities if the Structural BMP's
have been built according to standards contained in the Land Development
Standards Manual or other published standards of the City Engineer and
are functioning as designed, provided, however, that the City Council may
attach reasonable conditions to its acceptance of maintenance
responsibilities including requiring the granting of appropriate easements
for ingress and egress.
B. Maintenance of Structural BMP's other than those in single family
developments which have been accepted by the City shall be the
responsibility of the property owner. The property owner may apply for a
credit to the property's storm water fee according to the policies of
Charlotte-Mecklenburg Storm Water Services to compensate for this
responsibility. The property owner will be responsible for the on-going
maintenance of the Structural BMP's. If at any time the BMP's are not
properly maintained, the credit will be suspended.
5. Additional Requirements
An Occupancy Permit shall not be issued for any building within the permitted
development until the City Engineering Department has approved the stormwater
control structure, as provided in Section 10.710.3(A).
Section 10.711. Appeals and Variances.
A. Any appeal to reverse or modify the order, decision, determination, or
interpretation of the Zoning Administrator shall be subject to Chapter 5, Appeals
and Variances, of these regulations.
B. A petition for a local watershed variance, as defined in this part, shall comply
with all the procedures and standards of Chapter 5, Appeals and Variances, of
these regulations. The Board of Adjustment shall have the authority to grant or to
deny a local watershed variance based upon § 5.108,"Standards for granting a
variance". Any appeal of the Board's decision shall be pursuant to Chapter 5 and
G.S. § 160A-388(e).
10-74

CHARLOTTE CODE
PART 7: LOWER LAKE WYLIE WATERSHED OVERLAY
C. A petition for a minor watershed variance or a major watershed variance, as
defined in this part, shall comply with all the procedures and standards of Chapter
5, Appeals and Variances, of these regulations, with the following additions:
1. In addition to the notification requirement of Chapter 5, the Zoning
Administrator shall mail a written notice to each local government having
jurisdiction in the watershed where the subject property is located and/or
any entity utilizing the receiving waters of the watershed as a water supply
at least ten (10) working days prior to the public hearing. The applicant
for the variance shall provide a list of those local governments and/or
entities that must be notified. The notice shall include a description of the
variance being requested. Recipients of the notice of the variance request
may submit comments at least three (3) working days prior to the
scheduled hearing date by the Board of Adjustment. Such comments,
properly filed, shall become part of the record of proceedings.
2. The Board of Adjustment shall have the authority to grant or deny a minor
watershed variance based upon § 5.108 "Standards for granting a
variance". Any appeal of the Board's decision shall be pursuant to
Chapter 5 and G.S. § 160A-388(e).
3. The Board of Adjustment shall make a recommendation to grant or a
decision to deny a major watershed variance based upon § 5.108,
"Standards for granting a variance" of these regulations and the standard
provided for in 15A NCAC 2B.0104(r), which states that a major
watershed variance is to be determined on a case-by-case basis, when
necessary to accommodate important social and economic development.
a. If the Board of Adjustment recommends that the major variance be
granted, the Zoning Administrator shall within thirty (30) working
days forward a preliminary record of the Board's hearing to the
North Carolina Environmental Management Commission ("EMC")
for final decision in accordance with the State's rules and
regulations. The preliminary record of the hearing shall include:
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to evidence,
and rulings on them;
(e) Proposed findings and exceptions;
(f) The proposed decision, including all conditions
proposed to be added to the permit.
10-75

CHARLOTTE CODE
PART 7: i,nWER LAKE WYLIE WATERSHED OVERLAY
When the EMC approves or denies the variance, the EMC
will prepare an EMC decision and send it to the Board.
The Board shall then prepare a final decision granting or
denying the proposed variance. If the EMC approves the
variance with condition and stipulations, the Board shall
prepare a final decision, including such conditions and
stipulations, granting the proposed variance.
The EMC decision shall constitute the final decision on the
major variance request and the Zoning Administrator shall
notify the applicant of the decision.
ii. Any further appeal of the EMC's decision of a major
watershed variance shall be pursuant to the authority and
enabling legislation of the EMC.
b. If the Board of Adjustment makes a decision to deny the major
variance, then the record of the Board's hearing, findings, and
conclusions shall not be forwarded to the North Carolina
Environmental Management Commission. Any appeal of the
Board's denial of a major watershed variance shall be pursuant to
Chapter 5 and G.S. § 160A-388(e).
c. The Zoning Administrator shall keep a record, including a
description of each project receiving a variance and any reasons
stated for granting the variance, of all approved major and minor
watershed variances. If applicable, the Zoning Administrator shall
submit a record of the variances granted during the previous
calendar year to the North Carolina Division of Environmental
Management on or before January 1 of the following year. This
record shall provide a description of each project receiving a
variance and the reasons for granting the variance.
(Petition No. 2001-063,PART 7, 10-17-01)
10-76

SEE ITEM #30 REGARDING STORMWATER MANAGEMENT iu: rer•+ jeJ area
REQUIREMENT OF REZONING
Steele Creek/llixie^13etryhili
Master 1'tan~aed Cammutiity
Development Nates
r:~e~~e~y
~i'ro.1 G;" I ~.
~-13 -~ ~
TLls petitgon proposes the development of a master ptanped community containing
a mixtarc of residential, employment, retell, and apeq space trees org~l~ced around
a newly created Tawtr Coaster. This caacept has been develgped to further the
objectives of the adopted Weetslda Stntegio Plan and. to be consistent with the
emerging Dlxio-lgerryhitl Plan. It lncorPorates the extensiop of nceded .
thoroughfares hqd a realignment of portiaas of Dixie Riivtr Ad. throwgih a portion of.
the site. It has been designed taking igtn account the difficult topogrs~hy common
to this part of the cognty and has trtcorporated open epeco e~emeuts to protect
envlradmentally sensitive areas. It will provide [or a variety of residentisl types and
densities, with higher densities focused i» the Tvwn Center and lower deasitiee
traasitioning to t'be exlstlirg catnmrtnity fabric. It creates an opportunity for
Mecklenburg County to develop a signdicant district park welt situsted to serve the
new residents of this development the as well as entire AixleT;Berryhill commanity.
1. Development of the site will be controlled by the standards depicted on this site
p)an and by the standards of ai,ther the Charlotte Zoning Ordinance or the
Mecklenburg County Zoning Chdinance, wbnch, evor shad hawo juirisdiatioa on the
paxtions of the site within. the respeetivo geographical, arias. The develapm~ent
depicted on this plan is intended to reflect ttia arrangement ofproposod uses do
the.~its, but We exact cot~.figuratiaa, placement, and size ~afindividual site
elements may be altered or modified vvitlaizi. the litaits prescribed by the ardimauce
during the design development and construction phases, This proposal is iutoadod
to enable the development of a master planned commumi+iy coutposod oi'xetail and
service uses, employment and o~"icc uses, multifamily hpusing, single fanuly
attached, and sixtgla family detac)b-ed housing interconrsegtedwith open space,
pedestriar-, and vehicular linkages.
2. The site maybe developed for any use allowed in the ~~ district as allowed by
the ordinance in accordance with the standards of that district and th.e re9trictioms
of this site plan as noted below, The Petitioner will construct amixed-use '
developmnt is general canfomnity with tho schematic plan with a special
emphasis on the new intersection of Steele Creek Rd. anr~ Shopton Rd. West to be
constructed witbira the site. TU,is emphasis will also bo accomplish.ed through the
use of reduced setbacks and arranganeut of buildings at l'he intazsectian to focus
attention at the center. of the site. Further, the Petitioner will provide pedestrian
connections frasu within the site to other site elenaepts aid uses sand •ta public
sidewalks, balanoing the Head far vohicular ae well ss petlestriAn access. T.he
Petitioner may place xetail uses within. offico buildings on the sift as well as
within the retail center is order to fi~rther the aaixed~use mature of the site. Retail
floor aces located within o>3fice buildings wil] not be coutsted toward ttu; total,
rotail Hnor. etas lacatod o),sewhare on the site. Atay such tettul space will be
limited to 75°!0 of the fast floor area of the building and may only be located in
saultistory buildings of srt least 15,000 squaze feet of total floor area.
8/l 'd EZ69'~N ~~Nf N91S340N'dl Wdbl:t zooz •z~•a~W

h't8-14-C~ 09:50 FROM WHF'h'H5 F'kUF'tk 11t5 f1b ,i9.3`J I U= f1~4 5~5 8700
3. Resideruial densities may vary im diffezent poxrions of the site in keeping with the
various dwelling types, Hawover, within the CC aroa of the site the residential
density shall be eoxitrolled by the standards of that district and the density of the
areas within the MX~ 1 portion of the site will be limited the number specified by
this site plan. Itaaiderntial uses ~.ay bo located within any portion of the site
including retail.a>ad office areas as a mixed use on the site and within mixed use
structures. Retail uses within the Town Center partioa of the site may include
uses such se supermarket, ~era1 merchandise, hardware, business so'tvices,
banks, civic, dry cleaners, personal sorvices, restauranx, gas station, or similar
uses designed and intended to serve.not only the residents in this mixed-use
community, but the residents in the suexounding areas as well. The uses that navy
locate on as out parcel will be designed as gait of tUo avcrall development in
t+rtms of consistent landscaping, aignage, and architectural +style. More than ane
use or type of, use ma~+ locate on att. out parcel so long as the uses are located
within the same structure. Within the Town Center area, the Petitiarner will
establish a anastcr owners association that will develop anal administer site sad
building de:;lgn standards that will guide the design and development of uses
'tvith~ the Town Center area. Ths 1?etitiotaer will use their best efforts, tbmugh
the development of these design standards, to articulate and/or otherwise design
the facades of buildings that front along and directly relate to the thoroughfares
that pass through the site. T}ais commitment recognizes the need to create an
attractivo aA,d pedestrian friendly streetscape sad applies to all sites with
structures, but r-ot parking areas, that directly adjoin. the pcxlestrian areas along the
thorotxghfares.
4. Buffer areas and project edges will be developed lit accordance with Sect. 12.302
and Sect. 9,805('~(e) respectively. Required buffers and project edges on the site
may be eliminated or reduced if the adjoining parcels era rezonosl such tlamt
buffers or project edges are no-loagor required ar. if the zaaing jurisdiction for the
property changes so that buffets would not be required by the Ordinance of that
jurisdiction.
5. Stotmwater detention facilities will be designed to meet the applicable standards
of Charlotta/lvlecklenburg Stormwater Services.
6. Any detached'li.ghttng on. the si#e will lie limited tv 30 feet in height,
7. Sigaage will be permitted in aecordan.ce with applicable Zoning standards.
Signage for the site will be designed as part of a master signage package to ensure
a uniform, appearanco and compatibility throughout the site. No freastaading pole
signs Will bo poxraitted. Sighs for o~ilce uss9 wjtld,u the Town Center will meet
office district sign standards and out ~areels will utili~o groumd mounted
(moniunent) type signs, Fy1on signs may be tliilized to identify the project aqd
tenants within th.e project.
P,003~009
8: Perking will bo provided which. will. >m,eot or exceed the standards of the Zoning
ordinanea Parking areas to serve uses on rho Qite will, be sited generally toward
9iZ 'd EZ69'~N ____._ ____ _- ~ONI N91S34gNb1 Wd9l~~ ZOOZ 'Zl'a~W

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the center of dovelopment sites so that buildings n-ay orient to either, internal or
external streets.
9. Tbc Petitionor wi11 dedicate 70' of xigi~t-of~way for tho now ali~u-onts of Steal
Creek Rd. and the extension ofNew Shapton Rd. West that falls on the site as tla.e
sito develops or in conjunction with apublic/private venture for tb.e cox<sttuctian
of anq or all of these roads. IfS>ae_MUMPO detozmines fleet ttte oxistiag
proposed thorouehfare ali~.ent is to be relocated to another ali , naent. thou the
Pelj,{~~ay reduce the New Shopto~n Rd. right-of wa two 60' The Petitioner
will construct, as part of me development of the site, tlae extonsion of Sb.opton. Rd.
West as part ot'the overall thoroughfare systam £ox ti7e azea. The Perationcr will
also dedicato Additional right-of way fox any portions of any existing public
streets that May remairt within or adjoin the site as taoxttxally prescribed by and.
admitiatered uutder the Mer,Jclenbtiug County or C62trlotto Subdivision t3tdinanGe,
which over has judsdi.ction over. ttte property at the time that the particular
property is proposed for development. The Petitioner reserves the right to seek the
abandonment of existing public streets ibex may £all within. the site if those streets
are riot needed for the devoloptnent of the site. )<ia. the design of the Town. Comex
area of the site, the Petitioner will. provide for a combin~tian of connected streets
and intersections, including conventional signalized and/ or non-signalized
intersections as well as other interseetiara con#'igurations such as traffic circles vx
roundabouts, vvitli the ia~t~t of maintaining a two lane Gross section. with
appropriate turn lanes for the two main streets and creating circulation options
through the Town Centex. The Petitioner alsp reserves the right to construct on-
street parking along both public and private streets that may include parallel,
angloti. or reverse angled spaces. The Charlotte Department of Transportation
will have the ri t to approve reverse angle parking on. New Shouton Rd. tt-roueh
rho taw.n waiter Y the event that reverse, e n gds ~unaccepta6le, the
Petitioner will have the ri t to buildpazallel parking;;
Tl~e Petitioner will, through the subdivision and site development process,
davolpp a sarios of interconnections between various components of the overall
site that will provide~for increased connectivity within axed through the
development. However, the petitioner reserves the right to develop such
connections in a fasl-i.on that will not be overly costly (such as stream crossin6s)
or that will not be disruptive to the development (such as connecting non-
residential uses to residential uses so as to create cut through traffic). The
Petitioner will provide stub street cvnAections to adjoining tracts where the
anticipated uses are oxpected to be complimentary to true uses on rite Petitioner's
site.
The petitianea~will agree to provide mast arms and co~uit within tlae town ce~azer
area In the ovcnt the nroiect i9 antuexed bathe G~Xv of Charlotte then the
@j,anal~ti~» ~,et w;ll be borne by the City o~ Charlotte. 1'f ibe aroiect is outside
the city limits the city will not be resuansible for flandine a~the Qost will be the
~g~onsibility of the peh'ti~}~lees other arran~em.~ats have bees .made with the
North Carolina Department of Transportation.
air ~d EZfi9~~P! _ ~~NI N915340Nb'1 Wd~l~tr zDOZ ~lI~~EW

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?bo Petitioner will construct a ri~bt tx~m tans on existix~g,¢gstbound bixie River
toad at it<Q intersection with. Steele Creole Road The length of the turn lane will
be between 250' to 300' with a maximum Ravement w,~dth of eleven feet Tl~e
Petitioner will construct and fnnd the costs of right-of--way acguisitian, desien
related traffic controls and con~on. of the turn lane Tn the event that the
Pe 'tio i le to obtain the neces ri -of-wa for this teen lane than. ttte
with the Phase ~ improvements as outlined in the Kubilins Transnart9tion un
phaS)ng Than. Its the event that the City 4~ ~~Q~~q gr N(' nOT cgs and
r~ecor~stnaets the existing Dixie Rivet Road and 3tcole Crec~c Road interseotion
p~o~_to_ the Petitioner begj~i~~}s tion of the rum lane then the Petitioner
~>lall contribute the Bids t were to be utilized for the t~l~uie constrnctiosa to
the Ci or TjC AOT for the reconstruction and rea~l'g rq_ge t~ of the intersact~.on
Tt is exnressl`v understood that the Charlotte ,~~aadme~nt of Transuortatiort will
r,~p~e ~~ mated l~pg, ,mod conduct the required public ~roeess to effect the
~CTMPO consideration oi' the thoroiu±hfare realigntttent to t2~Gatri~n or the
b~xie Rivet Road ali rament by AecBmbor 31. 2001. Petitioner y~-ili dediicate
additional .right of wav and construct addidonsl street imorbvei~,~ g~nsistent
with the thorou fare al'gnments ap~ovec~,,,,,pY_ lvlL~'O vttreuant to the
pixleBerrybill Pfau. Tie Petitioner will not be responsible for the cost of such
ad~~,liol}al imflrovemen#s acid the construction of any additional thorou~e
n~npmvements will only be constructed at the time that the Petitia~ner is eggaged~~
the itritial. construction of the particular road sogr~
10. Screeni.ag will cQnfonn to the applicable standards of Sect.12.303 of the Zoning
ordi~ce.
11, The site tray be developed for any use allowed in the CC, MX-1, O-2(CD), or 13P
districts in accordance with the standards of those districts and rho restrictions of
this site plea. The area indicated as MX-1 North will be reserved for use ae a
district park and. recreation facility to be developed irm consuuction with
Meckletaburg County and such reservation shall be in force until the earlier of 5
years from the date of approval of this Fetition or •undl Mecldor~btarg County
determines that it will. not acquire the site for a district park. The Petitioner
reserves the right to utilize iho area contained within the area defined as MX-1
North for resid~ntial.'uses as regulated by the standards of the MX 1 district if
Mecklenburg County elocts not to acquire the area for park purposes.
12. VV'ithin the CC (Town, Cwater) portion. of the site, the Petitioner reserves the right
to iru:rease the authorized a-ttanber of residential units by converting authorized
retail and/or office area to rosidential units at the rate of. on.e t~esidentiai unit for
eaob. 500 square feet of retail. and/or off ce area so coxiverted. Further, the
.Petitioner reserves the right to include up to 300 hotel roams writhat~ rho Town
Center area, and to st~betitute residentia}. units from. the Town Cantor area for
additional hotel rooms at the rate of one dwelling uzut for one hotel room, or to
~~~_~d _ ~Tfiq~oN ---- ~~N1_N9(S3aaNy1 Wd9l~~ ZOOZ 'ZI~a~W

• FEB-14-2002 09:52 FROM:PAPPAS PROPERTIES
716 3939 TO: 704 525 8700 P.006'009
substitute otTice floor area for additional hotel rootas at the rate of 300~square feet
of office floor area for snob Hotel room,, for up to 100 additional hotel rooms,
resulting in a total of 400 hotel rooms witlxi>a, the CC district.
13. Withian the MX 1 Soztth area, the Petitioner reserves the right to construct either a
residents club, sir.-gle family attached, or single 1:'amily detached housing on either
of the two areas depicted on the Technical Data aadlor Concept Plan. sheets, ,with.
the total number of such residential units so constructed n.ot exceeding the number
of total residential uttits permitted for the MX-1 portion of the site.
14. The Petitioner reserves the right to transfer residential units from the M?C-]
portion of tlu site to the CC pcirtion of the site provided that the total. number of
units dons tact exceed the cumulative total fax the MX-1 area attd the CC aroa an,d
fiuther pro~vi.ded that the densities of dovoloprnent resulting from any sucia.
transfer do not exceed that wluclx is allowed im kt-e CC district.
15. Tla,e Petitioner reserves the right to transfer offico fl.oar area within the Towrt
Center area (Parcel A,) and floor area within the Buaiaess Paxk axes (Parcel F)
between these two areas on a one for one basis without limaitation, excopt that the
total ainoun.t of floor area permitted on the two sites may not exceed the total
floor area, assigned to office development in Parcel A and the floor area assigned
to Parcel F combined. However, no such transfers will be allowed to exceed the
1^AR standard within the CC district.
1 b. No wall pac]us will be installed on buildings within the site on any walls that are
adjacent to residentially zoned land or public street rights-af--way.
17. Access to the site will be provided by numerous connections to the newly
cvza.strttcted streets widuiw. tbo sitr as gonarally depicted on, the site plan. All
driveway and street connections are subject to approval by N.C.DC3T,
Mecklenburg County. oz CDOT depending on rho jurisdiction.
18. All dumpsters on the site will be screened with a solid enclosure vuith gates.
j~ Withixt the MX-1 portion of the site, the Petitioner will. construct a street network
with appropriate collector and other streets, sll of, which will. be reviewed as part
of the normal subdivision process. The Petitioner may utilize reverse frontage
along existing streets and if so, will ostablish a corxunon open space area of at
.Least 30' to be 'used far landscapixxg andlor streetseape improvements at,,d all lot
lines for adjoining lots and the appropriate setbacks or yards will be measured
from the inside edge of this common area.
2~1, Tlie area designatod as Area B on tb,e site pla~i may bs used for office uses, This
site may also he >ysod for a Hotel not to axceod 150 raortxs if any parcel that
adjoins th.e site is .rezoned to a retail district or to a district that would alloy .retail
or hotel uses that would adjoin, the Site. In addition, this site will be connected to
adjoi~,ing tracts as they develop if approved by tkte Plataaing Staff axed provided
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that the developers of tl~e adjoi.nixtg tracts agree to appropriate cross easezn.ent and
maintenance agreements.
ll. The Pctitiotaer will. comply with the Lower Lake Wylie Watershed regulation.q. ':fn.
accordance with watershed regulations, the Petitionar rosexves the right to utilize
either or bona. of the low density aridlor the high-density waterslt.ed development
standards. Further, the Petitioner reserves th.e xlght to utilize individual site or
larger area-wide storm water detention and. ma'nagctriont facilities, pards, and
related facilities.
12. ffi'any single-family residential. development is constructed adjacent to the I-48S
right-of way, a fence, wall, or berm. at least eight feet in height will be constructed
between the .residential uses and the right-of--way.
Z3. A pedestrian anal bicycle network to connect the vari.ws elements within tie site
will. be developed as the various site el.exxteaats are constructed.. Linkages will be
establi~abed to connect buildings and uses on the site to this pedestrian network.
Z4. Within the Town. Center area, the Petitioner reserves the right to pursue a variance
with regard to the required project edge where the BP district adjoixas the CC
district.
25. Within the Town Center area the total amount of iet~til floor area will be 250,000
scl. ft. and the retail floor area far a single tenant structure will be limited to
8,000 square feet. In addition, the petiponer will limit the number of. out parcels
that nay accotpxnodate "auto oriented" uses such as gas stntions and restaurants
with. drive in windpws to a total of flue. Further, the Petitioner naay add an
additiona125,000 sq. J:fi. of retail floor area within the Town Gcntcr on the second
Apor of other structures uses fur retail'use. The Petitioner inns reallocate up to
10% of th.e total retail floor area between the two "retail" quadrants of the Town
Center at their disrxetion. Buildiang heights will be limited to 75' xnrasulred tq the
bottom of the highest habitable floar.:[ndivi.dual site development plans will be
reviewed by the Planning Staff fur compliance with the conditions ofi'thie plan..
2b. Within the MX~t portion o~d~e site, opaa space at'eas dvpiated o~ the site plan
represent the approximate location, axed ~ctent to the areas set aside to meet the
open space requirement of the distract. The exact location and extent of the open
space areas will be determined through the detailed desigil and subsequent public
review of development plans. The open space areas will be developed with a
corrtbin8tioa of active and passive recreation areas, trails, pathways, and other
tt>tuetities cpnsistent with the p'utpose sad provisions of this Petirian: l~rth.er, the
area devoted to open space wilt zwt be reduced through the I,nnovatlve Rtvie~uv
process.
27. The Petitioner acknowledges that the portiot- of the sits (Parcel C) located on
G~arrisou Rd. that is proposed for the B'usincss Park di.striet dons Ant presently
front on a thoraugbfare. However, the Charlotte Department o.f TT,~portation is
evaltitat;ng fhe thoroughfare need& for the area and the Petitioner believes that

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Garri,soa Rd, will, be d.esiguated as a thoroughfare providing for north-south,
movement west of I-4$5. The present, non-specific and non-engineered uligtsrneat
that would bisoct tho proposed district park is only one of several alignments that
may be considered. Tf, atbrr analysis sad public diseussiox~, C,~arrison Rd., ox $
variation of its present alignment, is zwt designated as a thoroughfare, tfie
Petitioner will seek a rezoning of Parrcel C m a distriot consistent witla the adopted
plans for the area. The determination of ibis issue as before tl~,e N1UMI'0 and will ,
be decided is the summer of 2U01 and until that lions, the Petitioner agrees thnx
tt-e decision on the rezoning of Parcel C will be doferred.
28, Witl~a tbo Business Ptuic portion of the site, front loaded buildings will not be
permitted aad t~,e arrangement of the uses on these sites will locate office uses or
the office portion of mixed use buildings wilt bo oriented toward tb.e street.
29. The Petitioner, in. conjunction~witb and subject to the approval of CMU'D, will
design the sower lift station proposed for Beaverdam Creek with redundant safety
and vvcrflaw controls. It is recogrxiaed that the lift station will be built, owned,
and operated by CMLTD, The Petitioner w,ill~provude a buffer acid additional
screening around the lift staiiou consisting of the following itm~ns: A 4' high berm
will be provided along the perimeter of the site as it faces Windygap Rd,;
avergreat a[ultbs2' to 211Z' tall will be planted on the berm S feet aparF with. as
expoetod ii,oi,ghi of 6' after four years of growth; supplelmental evergreen shrubs 5;
tall at the time of installation with an expeoted heighi a£ S' after four years of
growth will also be planted on the berm at a rate of 8 slbn.~bs per.1001inear foot of
beau..
30, The Petitioner will eoaperate with Chazlotte Mecklenburg Stormwater Services
and Mecklenburg County Department of Envhronmental. Protecdan in regard to
erosion control and etormwater management iocludYn.g: d:eve~lopnnea~t of a
watershed management strategy for the entire sate ntilizuig water quality
modeling; providing assistance with an inventory of existing conditions of
Brpwn's Cave (sediment level} and Beaver Dam Creek; cooperating with
MtyDBP by providiag a duplicate water quality monitoring vtation to that
provided. by MCDEP, both. to be maintained anal monitored by MCDEP; at-d
cooperate with MCDLTP in erosion control watershed protection education efi'orts
of contractors, builders, and homeowners.
31, Reasonable effoxta shall he made to limit the size of development areas, excluding
road, utility, and stormwater control construction areas, to be exposed at any ope
time and also to limit t>a.o o~posur© to the shortest foasible time. Specii-ic gRadittg
plans iacI'ude at cut/fill analysis, the construction sequencing and co~-struotiott
phasing to justify tlae time and tunount of exposure. The pleas shall specifically
identify techniques to be used to prevent potential sedunentativa loss associated
with larger disturbed atta9,
32. Within the MX-1 paztiors of tAe site, the Petitioner, in. accordance with the
provisions of Section 11.208, "Innovative Development Standards",may propose
tn.odif cations to the following standards:

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• Stroet right-off way widtL~s,
• Stroet tXpC arid. constructiom Standards,
• Minimum Xot size,
• Setbacks and yards,
• 'Off street parking, and
• X.ot width..
Th.e Petitioner aclmowledgea that the Innovative process is a separate process that maybe
pursued s~or the rezoning hay been approved.
O~/26/O1 ini.tial 6ubmlSSiota.
03/14/01 revision, of note 4, addition of note 15, renumbering rexnatitsing notes
04!22/01 revisions per srafl' comments.
04/23!01 additional revisions per staff comments
05/31/01 revisions hex Zoning Committee approva-1(note 28 renumbered as 30)
06/2a/0), rovisions to notes 9, 20, 2S and 23, now potos 3Q, 31 with tho 1'ornzei npte 30
renumbered as 32
06/26/0]. addition to note 9
06/29!01 revisions to ,notes 30
07/21/01 revisions per CDQT coYnm.ents to note 9
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