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Home My WebLink AboutPINEHURST_COMPLETE FILE - HISTORICAL_20110211.STORMWATER DIVISION CODING SHEET Municipalities NOT MS4 PERMIT NO. NCS0000 (Ae& DOC TYPE ❑ COMPLETE FILE -HISTORICAL MOST RECENT ❑ DATE YYYYMMDD Mr. Mike Randall Division of Water Quality Water Quality Section Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: NPDES Phase 11 Stormwater Program State Designation Process Village of Pinehurst, Moore County Dear Mr. Randall, VILLAGE OF PINEHURST Administration 395 Magnolia Road Pinehurst, North Carolina 28374 Tel 910.295.1900 Fax 910.295.1853 w%Yw.vi I lageof'pinehurst,org FEB 1 1 2011 3ENR . & tlands: �3i WerR.,A1 First of all, thank you for taking the time out of your schedule to come down to Pinehhr'St to meet with us on the Phase 11 Stormwater Program. The meeting was very informative for us here at the Village and we appreciate your willingness to hear about the various programs we currently have in place. 'fhe information provided herein is done so to recap many of those programs and to provide additional information on other programs we have related to stormwater management. It is our understanding that the Village of Pinehurst is under consideration for the Phase 11 program because we have over 4000 housing units and our density of'401 households per square mile exceeds the threshold of 400 households per square mile. The Village does not discharge into any impaired waters nor are we listed as a source of pollutants for urban stormwater in any total maximum daily load implementation plan. Consequently, our inclusion is solely based on density and we believe we have a compelling case for the Village of Pinehurst to not be included in this phase for stormwater program designation. The Village of Pinehurst, as a community, has traditionally been very cognizant and proactive in its obligation to manage stormwater and we are blessed to have sandy soils conducive to rapid infiltration. Land use and development ordinances in the Village have traditionally been geared towards residential development and retention of open space with very little industrial and limited commercial areas, all of which help reduce the amount ol'runoff and potential pollutants that ends up in streams, creeks, etc. In fact, as you noted in our meeting, the Village has very little in the way of curb and gutter or piping Systems to capture stormwater, primarily relying on sheet now runoff into open ditches and low points to infiltrate. The Village has been successful over the last several years in getting low lying lots donated or purchased in order to help with stormwater management through infiltration. We own approximately 35 parcels of land mostly in residential areas for this purpose. That's in addition to the roughly 300 acres of parkland we own. The Village also has utilized underground infiltration in multiple locations to manage spot stormwater ponding problems. The Village limits contain twelve 18 hole golf courses and two 9 hole courses within its limits which further expands upon the open space within the community. Our stormwater management approaches and quantity of open space serve to drastically reduce the amount of'stormnwater runoff that actually makes it to creeks which in turn reduces the scouring of banks and channels due to a rapid increase in water flow. As we understand it, there are six primary areas that a designated community must address: public education, public involvement, illicit discharge, construction runoff, post -construction runoff and municipal facility housekeeping. The Village of Pinehurst addresses many of these criteria currently as demonstrated below. Public Education: • Stormwater Master Planning Process — public meetings were held and information about stormwater was disseminated and received. • Xeriscaping Demonstration Garden in Wicker Park — intended to demonstrate plants that need little to no water to reduce irrigation needs and runoff. • Water Garden Demonstration Design at Village Hall — This was initiated and designed with assistance from NCSU to show how a water garden can be used to manage stormwater runoff from the Village ]-Tall parking lot (partially designed, not yet installed as of 1 -1l ). • Village has the ability to inform citizens of stormwater issues through its quarterly newsletter; monthly e-blasts and webpage. In an emergency situation, the Village has CodeRed set-up which can call all residents that have registered with emergency information. • The Village has signs throughout multiple public locations to clean up after pets and provides stations in parks for bags and disposal. Public Involvement: • Stormwater Master Planning Process — public meetings were held and information about stormwater was disseminated and received. • Long Range Comprehensive Plan — Both the 2004 original plan and the 2010 update provided residents the opportunity to speak at public input meetings regarding stormwater issues and needs. • "Give -a -lot, Get -clot" Program —'['his program encourages the public to donate lots they may own for purposes of maintaining a membership to the Pinehurst Country Club. The Village has worked out a program with the Country Club where the lot owner may donate the lot and still maintain their membership. This preserves open space and provides locations for stormwater to infiltrate. The Village now has approximately 30 residential lots for this purpose. Illicit Discharge: • ']'lie Village's municipal code expressly prohibits any illicit discharge into any storm drain system and provides penalties for such. • The County of Moore owns and operates the water and sewer system that serves the Village however the Village has worked hard with the County to improve the sewer system in several ways. The County has just completed the replacement of five sewer lift stations around Lake Pinehurst, moving many of these further away from the lake. In addition, the County is planning to start the installation of a slip -lining program of 3.5 miles of lines near the lake this year and have completed testing and engineering for slip -lining 11.3 miles of sewer lines within the Old "Town section of Pinehurst, which is also scheduled to begin this year. • The Village has a technical review committee for reviewing site plans and the County of MooI-e Public Utilities has a seat on the committee to review sections of plans pertinent to them such as sewer plans to ensure compliance with all requirements. • Open lines of communication are maintained with staff of the County of Moore Public Utilities and staff of the Village. Cell numbers for all key staff within each organization are shared and any issues relating to illicit discharge are shared immediately with the appropriate party. • The public is able to report any illicit discharge issue through the Village's website and the Village maintains it own communications center within the Police Department that is staffed 24 hours a day, seven days a week. l'rosion Control: • The Village relies upon the NC DENR Division of Land Resources for review and issuance of sedimentation and erosion control permits for l+ acreage of disturbed land. • The Village policy requires sedimentation control devices to be included in any plans in which 5,000sf or more of land is disturbed. Post Construction: • Approximately 75% of Village lies within a WS II or WS III watershed and the Village impiements a high density requirement for low density developments. • I-ngineering Standards do not permit runoff from new development to cross sidewalks or sheet flows across streets which forces much of the stormwater to be dealt with on -site. The Village has multiple ordinances that impact stromwater runoff (see attachments for details): • 10.2.1 — does not permit car washes, drive-thru windows, industrial, gas stations or manufacturing in virtually all areas within the Village. • 10.2.2.2 — addresses setbacks, increasing setbacks along golf courses and lakes and limits impervious surface for each zoning district. • 10.2.4 — addresses landscape requirements such as tree preservation, vegetative buffering; and prohibits large expanses of parking by requiring trees and tree islands for every so many parking spaces. • 10.2.4.9 — requires undisturbed buffers for all streams, wetlands and water bodies. • 10.2.6.5 - requires a certain number of trees and planted areas for new residential development. • 10.2.2.9 — requires any new development within 300' of public sewer to tic onto that line. • 10.2.10 -- intended to protect production wells from being contaminated. • 10.2.1 1 — requires a 2' freeboard above floodplain to keep contamination out of flood waters and prohibits any new residential lots being; created within f7oodplains. • 10.2.12 — protects trees from removal Oil public property. (The Village is also a Tree City USA due to its financial emphasis on tree protection and planting.) • 10.2.13 — must conform to State requirements for sedimentation control • 10.2.14.11 — requires open space be dedicated or a fee in lieu of paid for new development. • 10.2.14.13 — requires open space of 50% in hTJ developments (cluster/conservation development). • 10.2.14.6 — provides an option for cluster development in R-30 zoning jurisdiction. • 10.2.14.27 — provides for a green neighborhood option in R8 to R30 zoning to preserve natural areas. Municipal Operations: 0 The municipal Public Services facility operates under a NPDf S permit. • The fuel storage facilities are above ground, double -walled tanks. • The fueling area is covered by a canopy to reduce pollutant runoff. • The Village has three staff members on site that are trained and certified in spill containment and cleanup in addition to the fire department's staff. • The Village has multiple staff members who possess pesticide licenses for chemical application. • The Hazard Mitigation Plan recognizes and addresses the railroad tracks in town even though that is not a requirement. In summation, the Village of Pinehurst currently regulates stormwater runoff and water quality in an intense manner. In addition, our geology consisting of sandy soils and the lack of curb and gutter combine to aid considerably in the amount of runoff leaving our borders. We feel the Village has been proactive and already takes substantial steps to improve overall water quality and thus feel it is unnecessary to add us to the Stormwater program at this time. `1`o this end, we respectfully request that the Village not be included in the Phase II Stormwater communities at this time. Should you have any questions or need any additional information, please do not hesitate to call me at 910-295-1900. Respectf ` y, V " Jeff B t on, Assistant Village Manager Villa of Pinehurst, NC CC: Andy Wilkison, Village Manager Mike Apke, McGill and Associates (Village's Consulting Engineer) Memo To: Mike Randall From:Jeff Batton Date: 2/11 /2011 Re: Attachments to Letter The letter I submitted previously regarding the Phase 11 Stormwater Program was supposed to have the enclosed attachments however I forgot to include them when 1 mailed our letter. My apology for leaving these out of my original submittal. If you need anything else, please let me know and we'll expedite getting it to you. Once again, thanks for coming down to Pinehurst to meet with us and enlightening us on the Phase II Stormwater Program. The Pinehurst Development Ordinance �c�r_'eo FEB 1 4 2011 i Adopted May 24, 2005 Amended December 14; 2010 Section 1.2 Statement of [ntent of This Ordinance The following Statement of Intent shall apply to and guide the implementation and enforcement of the,entire Ordinance. All following sections of this Ordinance shall be interpreted as being in furtherance of and consistent with this Statement of Intent. The Village of Pinehurst is a residential, retirement and resort community, the major industries of which are recreation and tourism, and which houses a regional medical center_ it shall be the primary goal of this Ordinance to preserve the quiet, tranquil and unusually attractive village atmosphere. In all decisions affecting land use, it shall be Village policy to encourage adherence to this goal by protecting its historical ambiance with its shops and graceful old homes and by encouraging any further development of the Village of Pinehurst as a residential, retirement and resort community. To this purpose, those activities and land uses not compatible with a beautiful residential and resort area, such as- intense industrial uses, extensive commercial districts, garish structures and glaring signs, shall be prohibited. Growth is inevitable but protection of the desirable qualities of the Village is paramount to continue to meet its primary goals as defined in this. Section. The preservation of the environmental -and aesthetic character of Pinehurst as it grows, and develops will be controlled and accomplished by land use regulations made with reasonable consideration given to, among other things, the character of the various areas of the Village and its environs and the unique suitability of these areas for particular uses, conservation and enhancement of property values, and encouraging the use of land in a manner which is most appropriate in view of this Statement of Intent. Section 1.3 General Purposes and Authority This Ordinance is adopted pursuant to authority granted to the Village of Pinehurst by the General Assembly of the State of North Carolina, and especially the Village Charter; General Statute Chapter 160A, Art. 19 . (Planning and Regulation of Development); General Statute Chapter 143, Art. 21, Part 6 (Floodway•Regulation);FGeneral Statute Chapter 160A, Part 3C {Historic Districts and Landmarks); and.,General Statute''143, Article 21 (Watershed Protection _'Rules). This Ordinance, which has.been, formulated in accordance with the Village of Pinehurst Comprehensive Long Range Plan for the future of the community, is adopted for the following purposes: (a) To promote the public health and general welfare; (b) To secure safety from fire, flood, panic, and other dangers; (c) To lessen traffic congestion in the streets; (d) To provide adequate light and air; (e) To prevent the overcrowding of, land .and avoid undue concentrations of population; (f) To facilitate the adequate and safe provision of transportation, water, wastewater treatment, schools, parks, and other public facilities and requirements; (g) To maintain and enhance the character of various districts within the Village, in light of their peculiar suitability for particular uses, and encourage the most appropriate use of land throughout the community; (h) To conserve the value of buildings and land; (i) To conserve the natural resources and environmental quality of the Village and its environs; (j) To safeguard the- heritage of the Village by preserving historic character and landmarks that embody important elements of the history of the Village. 2 Section 1.7 The Comprehensive Long Range Plan The Comprehensive Long Range Plan for the Village of Pinehurst, as adopted by the Village Council and amended from time to time, shall serve as the basic policy guide for the administration of this Ordinance. The Comprehensive Long Range Plan serves -as the statement of goals and policies to guide new development and redevelopment in the Village and its extraterritorial jurisdiction. It therefore is the intent of the Village to administer this Ordinance in accordance with the Comprehensive Long Range Plan. The goals and policies of the Comprehensive Long Range Plan may be amended from time to time to meet the changing requirements of the Village and its extraterritorial jurisdiction. This Section therefore establishes the procedures for amending the Comprehensive Long Range Plan. l .7.1 Legal Effect of the Comprehensive Long Range Plan Except as provided in Section 2.1 hereof, all development within the Village and its extraterritorial jurisdiction shall be in accordance with the applicable provisions of the Comprehensive Long Range Plan, as adopted or amended by the Village Council. Amendments to the text of this Ordinance and/or rezoning of property under the provisions of Chapter 7 of this Ordinance may be required in order to ensure compliance with this Section. Section 1.8 Engineering Standards and Specifications Manual The Village of Pinehurst Engineering Standards and Specifications Manual, along with all notations, references, and other information contained therein, is hereby incorporated into and made part of this Ordinance. As part of this Ordinance, the Pinehurst Engineering Standards and Specifications Manual shall be amended.only in accordance with the procedures set forth in Chapter 7 of this Ordinance. Table 10.2.1 TABLE OF PERMITTED AND SPECIAL USES RESIDENTIAL USE TYPES PC R- R- R- R- R- R- R- R- RD OP H HD VC NC SR 210 30 20 15 10 8 5 MF Dwelling, SC SC SC SC SC SC Sc SC t Accesso Dwelling, Duplex X Dwelling, Mixed X X X 2 Use Dwelling, Multi- X Family Dwelling, Single- X X X X X X X X Famil 1 Dwelling, X 3 Townhouse Family Care Home X X X X X X X X 4 Life Care SC Community Mobile Home X 5 Note (I): Subdivisions of thirty (30) acres or more in the R-210 District are required to meet the Open Space Subdivision requirements of Section 10.2.14.13. X—Permitted Use SC=Major Special Use (Village Council) . SR -Special Requirement (See Section 10.2: 1.3) SZ=Minor Special Use (Zoning Board of Adjustment) COMMERCIAL USE TYPES PC R- R- R- R- R- R- R- R- RD OP H HD VC NC SR 210 30 20 15 10 8 5 MF Convenience SC U Stores Florist Shops X X X Medical Supplies SZ SZ SZ and Equipment Sales Neighborhood SC 14 Center Personal Service X � X X Establishment Restaurants SZ SZ X X 15 Retail Store X X 16 Sexually Oriented SC 17 Businesses EDUCATIONAL, RECREATIONAL, INSTITUTIONAL USE TYPES PC R- R- R- R- R- R- R- R- RD OP H HD VC NC SR 210 30 20 15 10 8 5 MF Cemeteries X 6 Churches SZ X SC SC SC SC X SC 7 Community X SC SZ SZ SZ SZ SZ SZ 7 Centers Country Clubs SC X County, Municipal SC SC SC SC SC SC SC SC SC SC SC SC 'SC SC and Regional Authority Utility Facilities Emergency SZ X Vehicle Garage Fox Hunting SC Facili Golf Courses X SC X Government SZ SZ X X X Buildings Moore County X X X X X X X X X X X X X X X 28 Public Utility Facilities 4 Municipal Public X Service Facility Museums, SZ X X X Libraries Open Space Land X X X X X X X X X X X X X X Parks X SZ SZ SZ SZ SZ SZ SZ SZ X SZ SZ SZ SZ Public Greenwa s X X X X X X X X X X X X X X X Public Safety SZ SZ SZ SZ SZ SZ SZ SZ SZ SZ SZ SZ SZ SZ SZ Stations Public Utility SC SC SC SC SC SC SC SC Sc SC SC SC SC SC Facilities Recreation Area X X SC SC SC SC X Recreation Center X X 7 Recreational Sc SZ Sc SC SC X 7 Facility, Indoor Recreational SC SZ SC SC SC SC Facility, Outdoor Resource X X X X X X X X X X X X X X Conservation Facility Schools SZ SC SC Sc SC SC SC X 7 Village of X X X X X X X X X X X X X X X 28 Pinehurst Public Utility Facilities Welcome Center X X=Permitted Use SC=Major Special Use (Village Council) SZ=Minor Special Use (Zoning Board of Adjustment) SR=Special Requirement (See Section 10.2.1.3) OFFICE, HOTEL, MEDICAL USE TYPES PC R- R- R- R- R- R- R- R- RD OP H . HD VC. NC SR 2l0 30 20 t5 10 8 5 MF Animal Hospital SZ 8 (small animals with indoor kennels and facilities only) Art Galleries X X X Bank; Financial X X X 11 Institution Bed & Breakfast SC Sc 9 Inn Clinics, Medical X X X Clubs and X X SC Lodges Day Care X X SC Centers Funeral Home Sc X -Heliport Hospice Care Campus SC Hospital X Hotel X Laboratories X X SZ Medical Dormitories X X l0 Medical Laboratories X X SZ Medical Offices X X X Mobile Health Service Vehicle X Home X X Sc -Nursing Offices X X X X I Pharmacy SZ SZ X 12 Rehabilitation Facilities X X X=Permitted Use SC=Major Special Use (Village Council) SZ=Minor Special Use (Zoning Board of Adjustment) SR=Special Requirement (See Section 10.2.1.3) MISCELLANEOUS USES USE TYPES PC R- R- R- R- R- R- R- R- RD OP H HD VC NC SR 210 30 20 15 10 8 5 MF Accessory Uses X X X X X X X X X X X X X X X 18 and Structures, Fences A riculture X Farmers' Market X X 'X 25 Greenhouses and X Nurseries (with no outside sales) Horse Farm SC X SC 19 Horse Training SC Sc Tracks Kennels X Parking for a X X X X X X X X X X X X X X X Permitted Use as Regulated by Cha ter 10 . Parking Garage, X X X X 20 Common Wall Parking Garage, SZ SZ SZ SZ 21 Freestanding Parkin Lot SC X X X Principal Use Radio and TV X SC 22 Studios Recreational SC 23 Vehicle Park Signs, as regulated X X X X X X X X X X X X X X X By Chapter 10 Signs, resort and SC SC SC SC SC SC SC SC SC SC SC SC SC SC SC 27 hospital signs part of a comprehensive sign plan which exceeds the size limitations of Chapter 10 Stables X X SC Telecommunication SC 24 Towers Temporary Uses X X X X X X X X X X X X X X- X 25 and Structures Yard Sales X X X X X X X X 26 Accessory Uses X X X X IX X X X X X X X X X X is and Structures, Fences X=Permitted Use SC=Major Special Use (Village Council) SZ=Minor Special Use (Zoning Board of Adjustment) SR=Special Requirement (See Section 10.2.1.3) 10.2.2.2 Tables of Dimensional Requirements All uses and structures in the general use zoning districts shall comply with the following dimensional requirements, except as may be otherwise provided by this Ordinance: (a) PC, R-210, R-30, R-20, R-15, R-10, R-8 and R-5 Districts Dimension District PC R- R-30 R-20 1145 R-10 R-8 R-5 210 Minimum Lot Size None 5 30,000 20,000 15,000 10,000 8,000 5,000 acres sq. ft. sq. ft, sq. ft. sq. ft. sq. ft, sq. ft. (2) (9) (10) (10) (10) (10) l0 Minimum Lot Size for -- 5 30,000 20,000 20,000 20,000 20,000 20,000 Non -Residential Acres sq. ft. sq. ft. sq. ft. sq. ft. sq. ft, sq. ft. Buildings Minimum Lot Width at -- 100 100 80 feet 75 feet 75 feet 60 feet 40 feet Setback Line feet feet (4) (4) (4) (4) (4) 10 10) 10 10 10 Minimum Lot Width at 100 20 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet Street line feet feet Minimum Front Yard 50 100 40 feet 40 feet 30 feet 30 feet 20 feet 20 feet Setback feet feet 10) 10 10) 10) Minimum Side Yard 25 50 20 feet 15 feet 15 feet 15 feet 10 feet 10 feet Setback feet feet (5) (5) (5) (5) (5) 10) 10 10) 10 Minimum Rear Yard 25 40 30 feet 30 feet 30 feet 25 feet 20 feet 20 feet Setback feet feet 10) l 0 (10) 10 - Maximum Building 35 35 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet Height feet feet (3) (3) (3) (3) (3) (3 ) 3) Minimum Principal 2,000 2,000 2,000 2,000 1,800 1,800 1,500 600 sq. Building Size sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. ft. (heated sq. ft.) Minimum Building -- 1,600 1,600 I,600 1,500 1,000 800 600 Size On First Floor sq. ft, sq. ft. sq. ft. sq. ft. sq. ft. sq'. ft. sq. ft. (heated sq, ft.) Lakefront/Golf Course 60 60 60 feet 30 feet 30 feet 30 feet 30 feet -- Setback feet feet Maximum Lot 12% 10% 30% 35% 37.5% 40% 42.5% 45% Covered By (1) (1) (1) (1) (1) (1) (l) (t) Impervious Surface (6) 7) 10) 10) 10) (10) 10) Maximum Lot -- -- 20% 20% 30% 28% 25% 30% Coverage by Buildings (10) (10) (10) (10) (8) 10 Note (1): Section 12.4 Watershed Protection Overlay. District may require a lower impervious surface coverage. Note (2): The R-210 District permits smaller lot sizes for Open Space Subdivisions. The maximum tot coverage limitation by -buildings only applies to lots less than five (5) acres. Note (6): Village of Pinehurst: governmental buildings, including administrative offices, public safety stations, municipal public service facilities, and similar buildings not intended for recreational purposes 'may cover up, to seventy percent (70%) impervious surface. Churches located within the PC zoning district may exceed the 12% impervious surface requirement for the PC zoning district to a maximum of 40% impervious surface, this increase shall result in the church use being permitted as a major special use rather than a minor special use and shall follow the processes of the major special use. Note (7): Open space subdivision lots shall meet the setback and impervious surface requirements of the R-30 District. Note (9): Lots located within a Planned Residential Development may have reduced lot sizes. Note (10): Lots that are created as part of a Green Neighborhood project shall meet the requirements of the dimensional table associated with this type development as indicated in section 10.2.14.27. 8 (b) R-MF Residential, Multi -Family District Minimum Lot Area for Residential Uses 10,000 square feet, For the First dwelling unit. Th6'minimum loi'area For multiple units shall be determined by the number of dwelling units per acre proposed. Minimum Lot Area -for Townhouse Unit Sufficient to contain the unit to be constructed thereon, but not to exceed the maximum overall density. Maximum Residential Density 6 units -per gross acre (no rounding of fractions) Minimum Lot Area for Non -Residential Uses 20,000 square feet Minimum Lot Width at Setback Line 75 feet Minimum Lot Width at Street Line 36 feet (single-family-20 feet) Minimum Lot Width for Townhouse Unit 20 feet Minimum Front Yard Setback , 30 feet Minimum Front Yard Setback from any Off- Street Parking Area 15 feet Minimum Side Yard Setback 15 feet, although in the case of semi- detached multi -family, the side connected to another dwelling may have a side yard setback of zero Minimum Rear Yard Setback 25 feet Maximum Building Height 35 feet(1) Minimum Principal Building Size 1,800 square feet Minimum Heated Area Per Dwelling Unit 1,600 square feet Minimum Building Size on First Floor 1,000 square feet Lakefront/Golf Course Setback 60 feet Maximum Lot Covered by Impervious Surfaces 60% (2) Building Separation (more than one building on the same lot): Single Story: If either building wall 35 feet, plus 5 feet for each story over 1 contains a front entrance Single Story: If either building wall 30 feet, plus 5 feet for each story over 1 contains a rear entrance Single Story: If building walls contain 20 feet, plus 5 feet for each story over l windows but no public entrance Note (2): See 12.4, Watershed Protection Overlay District may require a lower impervious surface coverage. (c) RD, OP, H, RD, VC, and NC Districts Dimension Districts RD OP H HD VC NC Minimum Lot Area 5 acres 20,000 43,560 15 5,000 10,000 s . ft. s . ft. acres s . ft. s . ft. Minimum Lot Width at -- l00 -- 400 -- -- Setback Line feet feet Minimum Lot Width at 200 feet 50 feet 100 50 feet 50 75 feet Street Line feet feet Minimum Front Yard 100 feet 25 feet 40 feet 75 feet 5 feet 35 feet Setback (3) Minimum Side Yard 50 feet ' 15 feet 20 feet 75 feet 5 feet 10 feet Setback Minimum Rear Yard 50 feet 20 feet 30 feet 75 feet 5 feet 20 feet Setback Maximum Building Height 35 feet 35 feet 50 feet (2) 40 35 feet feet Minimum Principal Building -- -- -- -- -- -- Setback from Any Outdoor Recreation Area Minimum Setback for Principal 120 feet from -- -- -- -- -- Buildings or impervious the center of Surfaces Not Accessory to the any play area Pla)jng Area Minimum Building Size -- 1,000 1,000 1,000 1,000 1,000 s . ft. s . ft. s . ft. s . ft. s . ft. Minimum Building Size -- 1,000 11000 1,000 1,000 1,000 On First Floor s . ft. s . ft. s . ft. . ft. s . ft. M---7aximum Lot Covered 24% 65% 65% 65% !90 % 65% B Im ervious Surface 1} 1) 1) I ) 1) Note (t): Section 12.4, Watershed Protection Overlay District may require a lower impervious surface coverage. 10.2.3 Off -Street Parking Requirements 10.2.3.2 Off -Street Parking Space Requirements (a) Parking Spaces Required: Permanent off-street parking spaces shall be provided as specified by this Section: (1) at the time a building is erected; (2) at the time any principal building is enlarged or increased in capacity, such as by adding dwelling units, guest rooms, seats, floor area, or other units of measurement used in Table 10.2.3.2 or; (3) before conversion from one type of use or occupancy to another if the new use requires additional parking space. Such parking spaces may be provided in a parking garage or in an improved open area; 1101 (b) Minimum Number of Required Spaces: Each principal and accessory use of land shall be provided with the number of off-street parking spaces indicated for that use in Table 10.2.3.2; (c) The Required Number of Parking Spaces Shall Be Calculated on the Use(s) of the Site: The number 'of parking spaces on a given piece of property shall be based on all of the principal and accessory uses of that property. If a property is used for several uses, all uses shall be taken into account. The required parking shall be calculated separately for each use and then added to determine the total required parking; Table 10.2.3.2 The Number of Required Off -Street Parking Spaces, by Land Use RESIDENTIAL USES NUMBER 'OF REQUIRED PARKING SPACES Dwellings Two (2) per dwelling unit Swimming Pool, Public or Private Accessory to a Residential Use. (Excluding single-family) One (1) per 75 square feet of water area, however, the number of parking spaces required may be reduced by the total number of parking spaces required for the dwellings that are located within 400 ft. of and accessible to the swimming pool. INSTITUTIONAL USES NUMBER OF REQUIRED PARKING SPACES Cemeteries One (1) per each full time employee plus required space for offices. Churches One (I) per three (3) sanctuary seats plus spaces required for other uses. Clubs and Lodges One (1) per three (3) seats of meeting space. Day Care Centers One (1) per 400 square feet of gross Floor area. Golf Course Four (4) per green plus one (I) per employee. Golf Drive Range Two (2) per tee. Libraries One per 200 square feet Hospitals 1.5 per patient bed plus 1.5 per each volunteer and employee (largest shift). Nursing Homes/Congregate Care/Dependent Living Units 0.25 per resident plus one (1) per staff person. Outdoor Amphitheater One (l ) per every three (3) seats. Parks • Swimming Pool One (I ) per 75 square feet of water area • Tennis or Racquet Court Three (3) per court. 11 • Other Active Outdoor Areas 25 per field or 2 per participation station. • Other Passive Outdoor Areas 5 per acre • Marinas One (1) per every two (2) slips plus one (1) space per employee on the largest shift. Public Safety Stations One (1) per 500 square feet of gross floor area. Recreation Centers • Swimming Pool One (1) per 75 square feet of water area. • Tennis or Racquet Court Three (3) per court. • All Other Floor Areas One (1) per 250 square feet of gross Floor area. Resource Conservation Facilities One (1) per employee. Schools • Elementary, Middle, or Jr. High Two (2) per classroom • High School One ( I ) per three (3) students. Utility Substations One (1) per employee BUSINESS USES LNUMBER OF REQUIRED PARKLNG SPACES Amusement Establishments • Theater One (1) per four (4) seats • Bowling Alley Four (4) per alley • All Others One (1) per 200 square feet of gross floor area. Animal Hospitals One (I) per 300 square feet of gross floor area. Bank One (1) per 300 square feet Clinics One (I) per 300 square feet Convenience Stores One (1) per 150 square feet Funeral Homes One (1) per 300 square feet Greenhouse and/or Nursery (Without Retail Sales on the Premises). One (1) per employee. Hotels One (1) per sleeping room plus one (1) per four (4) seats in meeting or assembly rooms. • Bed and Breakfast Two (2) spaces plus one (1) per sleeping room. Neighborhood Center Four (4) per 1,000 square feet of gross leasable area. Offices One (1) per 300 square feet Personal Service Establishments One (1) per 300 square feet 12 Post Office One (1) per 200 square feet Radio and TV Broadcasting Studios One (1) per 500 square feet Restaurants One (1) per three (3) seats. Retail Store One (1) per 250 square feet Stadiums and Other Outdoor Venues to One (1) per 1,000 square feet of gross floor which Admission is Charged area plus one (1) per every three (3) persons accommodated by - facility at maximum capacity. Vehicle Sales and Rental One (1) per 300 square feet of enclosed floor area plus one (1) per 5,000 square feet of outdoor display area. Warehouses and Wholesale Establishments One (1) per 5,000 square feet of gross floor area OR one (1) per each employee on the largest shift, whichever is greater. GENERAL NOTES TO TABLE 10.2.3.2 I) Requirements based on square feet mean square feet of gross floor area, except as otherwise indicated. 2) Requirements based on the number of seats or students mean the numbers that are the design capacity of the building. 3) Requirements based on the number of staff or employees mean the largest number of staff or employees on the largest shift, as certified by the applicant. 10.2.3.3 Location and Design of Parking Areas/Stacking Lanes (a) All parking areas shall be located and designed so as to avoid undue interference with the use of public streets and alleys; (b) A minimum of 75% of all parking areas shall be paved. 25% of parking areas may be graded gravel. Ali parking areas shall be in accordance with the Village Standards Manual. All handicapped parking must be paved. (b) Each parking area shall meet all applicable landscaping, screening, and buffering requirements set forth in this Ordinance; (c) All parking areas shall be separated at least ten (10) feet from buildings and all associated driveways and aisles shall be separated at least five (5) feet from buildings in order to allow room for sidewalks, landscaping, and other plantings between the building and the parking; area; 13 (d) All stacking lanes for day care centers shall be located at least ten (10) feet from the principal building with separate points of ingress and egress; (e) Each parking space shall be provided with curbing, a curb -stop, or in the case of unpaved spaces, railroad ties or similar material as set forth in .the Village Standards Manual; (f) The parking area may be used only for parking and not for any type of loading, sales, dead storage, repair work, dismantling, or servicing of vehicles; (g) All entrances, exits, and drainage plans shall be reviewed and approved by the Village Engineer in accordance with the Village Standards Manual and shall be constructed before issuance of a Certificate of Occupancy; (h) All parking spaces, aisles between parking spaces, and parking space modules, shall meet the minimum dimensional requirements and geometric design standards set forth in the Village Standards Manual. (i) Parking associated with Village of Pinehurst passive recreation facilities may be provided as on -street parking. This on -street parking must be approved by the Village Council. Section 10.2.4 Landscaping Requirements 10.2.4.1 Purpose and Scope The natural landscape conditions within the Village of Pinehurst and its extraterritorial jurisdiction typifies the North Carolina Sandhills and Longleaf Pine Ecosystems. These natural conditions (topography, vegetation, and wildlife) are unique within North Carolina and are the strongest visual aspects defining the character of the Village. The purpose of the landscaping standards in this Section shall be to create an appearance in which manmade development is situated within a forest or naturalized setting in all zoning districts. 10.2.4.2 Landscape Plan Required A landscape plan shall be submitted to the Village Planner and its approval is a prerequisite for the issuance of a development permit. 10.2.4.3 Landscaping and Buffering (a) Permitted Uses Within Planted Buffer Areas: Planted Buffers shall be left in an undisturbed natural vegetative state and provided with supplemental plantings. Selective thinning of vegetation and removal of dead vegetation may be permitted as long as the intent of the planted buffer requirement is maintained. Driveways may cross a planted buffer at or as near a perpendicular angle as practical. Paths and walkways may pass through the planted buffer and 14 pedestrian walkways (greenways) may be installed within the buffer area. Grading in the designated planted buffer may be allowed with site plan approval, if the re -vegetation plan is determined to meet the intent of this Section; (b) Location of Planted Buffers: Required planted buffers shall be provided along the perimeter of development unless alternate locations are approved. Planted buffers shall be designated and dimensioned on all site plans and subdivisions plans, where applicable; (c) Pedestrian Easement Required: The Full width of all buffer areas shall be designated as a pedestrian easement and shown on a recorded plat; (d) Application: (1) These standards apply to all non-residential and multi -Family uses (including townhouse unit development) located within the Village of Pinehurst and its extraterritorial jurisdiction. For purposes of this Section, multi -family uses shall include townhouse unit development. When nonresidential and multi -family uses submit a site plan for locations next to property zoned for residential use, planted buffer shall be provided near the perimeter of the nonresidential or multi -Family property. One half of the planted buffers requirements shall apply when a public street or railroad right-of-way separates a nonresidential or multi -Family From a residential property, except as indicated in Section 10.2.4.5; (2) The required planted buffer width is based on the classification shown on Table 10.2.4.3(a); (3) Non-residential or multi -family uses proposed next to property used for residential purposes, although non -residentially zoned, shall provide the required planted buffer width along the perimeter of the property adjoining the property used residentially; (4) If the adjacent property is zoned for residential use but is vacant at the time of the proposed development, the required planted buffer width shall be provided; 15 I RESIDENTIALLY ZONED PROPERTY I I MILT UPON OR VAGA}JT) I } Ca ;MMIRED 6U Ilw< wes F'UDTIiS-------.- � 10-2.4-3e roR. I GLA551FIGATION5 PATH OR NAL<VgAY ECI57IN& RESIDE}JTIAL PROPER7Y IN NON-RESIDENTIAL LONE HICHWAY CORRIDOR I 1-ieRLAY uI5TRIGT a1FFER 6R�?{YIAY — i I I NQN-f?ESIGf=TCfIAL GR I I I I I WY WR£510ENTIAL U5E DEVELOPMENT (5) If the proposed development is nonresidential and the adjacent property is zoned or used for multi -family dwellings, one-half of the planted buffer width shall be provided; PROPERTY ZOW-0 OR u51EI3 FOR WLTI-FAMILY DYVELLINGS r 1 PRC*DERTY LIME I LAMOSCAPE WF: ER Lvi=I SEE- i0.2.43& 3 CLAM 4 FOR GLA5�51FIGATIONS � d l I O PATI+ OR �wY ' � PRO�RTY ZONED GR L15ED FNCsF1YlrtcY FOR G03�' IDOR MULTI-EFFMiLY OVERLA'( I I DhELLINGS DISTRICT I I BUFFER N011-;ZE5IDI=- TMAL OR MLL.TI-1-AMIL GRF=E!MNAY U5E 1z7EVE00 T NON-RESIPEWIAL USE I)EVELOPMENT (6) If the proposed development is for multi -family dwellings adjacent to property zoned or used for multi -family dwellings, one-half of the planted buffer width shall be provided, whether the property is occupied or not. (e) Planted Buffer Classifications and Width: (1) Planted buffer width is based on the following classifications: (i) Class l.— t0 feet: Cemeteries, golf courses, passive recreational areas, and single-family residential developments; (ii) Class 2 — 20 feet: Offices, churches, schools, public facilities including playgrounds, ball fields, community swimming pools, and similar facilities, day care facilities, multi -family, residential, hotels; (iii) Class 3 — 30 feet: Neighborhood commercial and service activities including, but not limited to, retail operations, restaurants, banks, convenience stores; (i) Class 4 — 50 feet: Commercial activities with higher vehicle activities including, but' not limited to, vehicle repair, neighborhood centers, RV parks, and funeral homes. Table 10.2.4.3 (a) REQUIRED PLANTED BUFFER WIDTH IN FEET BASED ON BUFFER CLASSIFICATION AND ADJACENT PROPERTY USE AND ZONE ADJACENT PROPERTY USE AND ZONE Planted Developed Principal Developed Vacant Multi - Buffer Class Residential Residential Multi -Fancily Family Zone Zone Use in Zone Nonresidential Zone Class 1 10 feet 10 feet 10 feet l0 feet Class 2 20 feet 20 feet 10 feet 10 feet Class 3 30 feet 30 feet 15 feet 15 feet 17 Class 4 50 feet 50 feet 25 feet 25 feet (2) Required yard spaces may be used to meet landscape planted buffer requirements in all nonresidential districts. When planted buffers are required for subdivision or planned developments in residential districts, the planted buffer requirements shall be designated open space, not part of any individual lot; (3) Planted buffer widths and required plantings may be reduced by 30 percent if the site plan indicates berming, alternate landscaping, walls, opaque fencing in combination with landscaping or topographic features which will; in the opinion of the plan approval authority, achieve the intent of this Section as outlined in Section 10.2.4.1 and result in equal or better performance. In no case shall a buffer width be less than 10 feet. Berms may not have a slope steeper than two (2) horizontal to one (1) vertical and must have a crown width of at least two (2) feet; (4) Highway yard buffers for Highway Corridor Districts shall be provided as follows for all uses except single-family residential. Table 10.2.4.3 (b) Required Highway Corridor Overlay District Buffers Urban Transition Highway Corridor Overlay District: Highway Yard Planted Buffer 50 feet Urban/Village Highway Corridor Overlay District: Highway Yard Planted Buffer 20 I`eet 7 (f) Requirements for Planted Buffer Areas: (l) Existing Vegetation: Planted buffers require provision of both physical separation and landscape elements to meet the intent of this Ordinance. Existing vegetation shall be used to meet all or part of the requirements of this Section wherever possible, if it provides the same level of obscurity as the planted buffer required below. Vegetation to be saved shall be identified on site plans, along with protection measures to be used during grading and construction. (See Section 10.2.4.8 for protection measures and calculation of credits for existing trees); 18 (2) Planted Vegetation: Required plantings allow for a mix of large hardwood and/or pine trees, small trees/large shrubs, and smaller shrubs to provide a naturalized planting closely matched to the ecosystem conditions of the site or surroundings. Evergreens, other than pines are added to planted buffer to provide a more opaque screen, as well as a more natural appearance to the planted buffer. The mix is designed to create a planted buffer that will give a satisfactory screen within three (3) years; of planting, under normal maintenance, while allowing room for the various plants to mature naturally. Planting requirements for planted buffers include both trees (large and small) and sh`rLibs as described below. (See Appendix A for a listing of native trees and shrubs.) In calculating buffer planting requirements, areas of driveways are excluded; (i) Tree Standards: This requirement may be satisfied as follows: Large trees (pines and/or hardwoods) with a minimum size of three (3) inch caliper at planting at the following minimum rates: Table 10.2.4.3'(c) Tree Standards Req. Buffer Width One Hardwood Per or One Pine Per <20 ft. 200 square foot/buffer 100 square foot/buffer 21 ft. to 50 ft. 300 square foot/buffer I50 square foot/buffer b. Small trees less than three (3) inch caliper are required to fulfill from no less than 20 percent to no more than 30 percent of the required number of trees in (a) above. Additionally, evergreen trees, other than pines, are required to fulfill at least ten (10) percent of required trees planted in buffer; Trees shall be distributed along the entire length and width of the planted buffer. Due to unique characteristics of a site, or design objectives, alternative plant mixes and spacing may be approved by the Village Planner. (ii) Shrub Standards: Shrubs, a minimum of 24 inches in height, of a variety that can be expected to reach four (4) to Five (5) feet in height and three (3) feet in width within three (3) years of planting, shall be provided. Shrubs shall not be planted closer than six (6) feet to newly planted trees, nor within the drip line of m existing hardwood trees. Shrubs shall be distributed along the entire length and width of the planted buffer except as required at the edge of parking lots. Shrubs shall be provided at the following rates: Table 10.2.4.3 (d) Shrub Standards Req. Buffer Width One Shrub Per <20 ft. 50 square foot/buffer 21 ft. to 50 ft. 75 square foot/buffer >50 ft. 200 square foot/buffer 10.2.4.4 Landscape Screens (a) The purpose of a screen is to use plants and/or other landscape architectural elements to obscure views from all corridors or adjacent properties. Structures such as loading docks, mini -warehouses, service courts, dumpster areas and outside storage of material stocks or equipment, either for sale or not for sale on the premises, such as, but not limited to, motor vehicles, equipment, or construction equipment shall be screened from unobstructed off -site views. Uses requiring screening as noted in this Ordinance shall be screened according to the requirements of this Section. This screening requirement does not pertain to outdoor display of merchandise located within the Historic Preservation Overlay District that complies with the regulations and design guidelines of that district. (1) Landscape Screen Standards: Features and uses specified above and/or others requiring screens shall provide a visual obstruction from all corridor and adjacent properties in conformance with the following standards: The screen may be composed of view -obscuring vegetation, wall, fence, or berm. The items may be used individually or in combination. The minimum result shall be a semi -opaque 75 percent screen that obscures views from the ground to a height of the object being screened. Plants shall be at least two (2) feet tall at the time of installation and reach the desired height within three (3) years of planting. When a combination of features is proposed, one third of the surface area of all walls, fences or berms that face off -site must be covered with plant material within three (3) years. Additionally, screen areas shall be sufficient size to allow for the mature growth of plant materials when used. 20 10.2.4.5 Parking Area Landscaping (a) Purpose: In order to� reduce reflected sunlight and headlight glare from parked vehicles, as well as to maintain a separation between vehicles and other use,,; and to reduce the effects on the environment of vehicle parking facilities, the following standards apply; (b) Required Landscape Plants: (1) Large trees (unless subject to overhead power lines): Hardwoods shall be planted at the rate of one three (3)' inch caliper tree per 40 linear feet of property line abutting a street and/or adjoining property, less driveways and sight distance triangles. Longleaf pines of the same size shall be planted at the rate of one (1) tree per 20 linear feet of property abutting a street, and/or adjoining property less driveway areas. Credit given for existing, healthy, protected trees shall be according to 10.2.4.8 of this Section; (2) Evergreen shrubs at the rate of one (1) 24 inch height minimum shrub per three (3) linear feet of parking lot edge abutting streets and adjoining property, less driveways, of a species expected to reach a minimum height of 36 inches and a minimum spread or 30 inches within three (3) years of planting. This rate may be varied based upon size of installed plant materials. Shrubs shall be planted such that no less than 75 percent of the length of the parking lot edge, to a height of 36 inches, is obscured from view after three (3) years of growth. Shrubs planted within sight distance triangles shall be of a type with a maximum mature height of t 8 inches. Additionally, shrubs shall not be planted within six (6) feet of the trunk of a newly planted tree; (3) A brick or stone wall, or fence, at least 36 inches tall and of a material compatible with the building, may be substituted for the requirements of shrubs, provided that one-third of the surface area of all fences or walls that faces off -site must be covered by plants within three (3) years after installation; (4) Berms may be installed within the highway (front) or interior (side or rear) yards with a minimum two (2) foot height, two (2) foot minimum crown width, and side slopes of steeper than two horizontal to one vertical, Berms shall be planted with live vegetation, and may be used with smaller plants to meet the required screening area, provided that the combination of the berm and the shrubs obscures no less than 75 percent of the length of the parking area, to a minimum height of 36 inches after three (3) years of growth; 21 (5) Areas used for vehicle sales and/or service, parking, and business transactions such as areas adjacent to gasoline pumps (even if under a canopy) and areas for drive -up service, shall be considered parking areas and shall comply with the requirements of this Section. (c) Landscaping Within Parking Areas: (1) Location: Parking areas shall provide and maintain landscaped areas based upon the parking area. Areas under canopies, loading and service areas, and portions of drives with no parking on either side for a distance longer than 25 feet and/or used exclusively as access to loading or service areas, are exempt from this requirement. The landscaping within parking areas shall be provided in addition to planted buffer requirements of this Ordinance. Areas used for landscaping shall be provided in the amount equivalent to at least ten (10) percent of the parking area, and shall be used for planting either trees and/or shrubs according to the requirements below. Tree planting areas shall be located such that no parking space is farther than 75 feet from a tree trunk; (2) Required Landscape Plants: Trees shall be used at the following rates, either in combinations of small and large trees, or with large trees only, to add up to the required landscape area: (i) One three (3) inch caliper, large hardwood tree per 250 square feet or -one same size pine tree per 180 square feet of required landscaped area. Each large tree shall be located within a minimum growing area of 180 square feet for pines, 250 square feet for hardwoods, un-encroached upon by shrubs or impervious pavement, with a minimum dimension of ten (10) feet; (ii) One small tree less than three (3) inch caliper at the rate of one eight"(8) foot tall tree per 125 square feet of required landscaped area. Small areas and evergreen trees shall be located within a minimum growing area of 125 square feet, with a minimum dimension of seven and one half (7 ''/z) feet, un-encroached upon by shrubs or impervious pavement. Small trees may be used to fulfill up to one third (1/3) of the required trees. Evergreen trees when used, shall be either pruned or located to facilitate safe sight distances within parking lots. (3) Islands and Medians: (i) Minimum curb radii of five (5) feet are required on the corners of all tree islands and medians to allow for free movement of motor vehicles around planting materials. (See the Village 22 Standards Manual). All islands shall have raised curbing around them meeting the Village Standards Manual: to. further protect plants from being run over by motor vehicles. Medians without curbing shall include devices to stop vehicles From driving into the planted areas; (ii) No more than one tree may be provided per island, unless there is at least the minimum growing area per tree as required above. Large trees shall not normally be planted less than 18 feet apart, and small treestlarge shrubs shall not normally be planted less than 12 feet apart. (4) Existing Trees: (i) Credit given for existing, healthy, protected trees shall be according to 10.2.4.8 of this Section. Trees used to meet other requirements of this Ordinance may not be used to meet the requirements of this Section. (d) Parking Area Landscaped Yards: Any new or expanded off-street parking areas shall provide landscaped areas meeting the requirements below: (1) New or expanded parking areas shall provide a landscaped area, adjacent to and outside of the street right-of-way, and/or adjacent residential property line edge, less driveways, of a minimum of five (5) feet in width. Proposed locations of plants and parking spaces shall be arranged to protect plants from vehicles; (2) Planted, buffers and/or screens provided adjacent to right-of-way, as required under Sections 10.2.4.3 and/or 10.2.4.4 of this Section, and located between parking lots and streets and/or adjoining residential property may be considered in fuililling these requirements. 10.2.4.6 Maintenance Responsibility Unless otherwise stated, the owner of any property where landscaping is required shall be responsible for the maintenance of all required plant material and continued compliance with this Section. 10.2.4.7 Request for Extension of Compliance (a) A letter of request for extension of compliance with landscaping requirements may be filed with the Village Planner that states the reasons why the request is being made. If the Village Planner Inds that there are unfavorable conditions for planting, an extension of compiiance with landscaping requirements may be allowed for a period not longer than 90 days. The letter shall also acknowledge 23 that the property owner is aware of all landscaping and screening requirements, and will comply with those requirements within 90 days, or discontinue use of the property; (b) If an extension is allowed by the Village Planner, the applicant shall provide to the village a financial guarantee as set forth in Section 10.2.14 sufficient to cover 125 percent of the installed landscaping costs; (c) If the initial letter of request for extension of compliance with landscaping requirements has expired and conditions are still deemed unsuitable for planting, the applicant may request one additional extension of up to 90 days. Failure to comply with the provisions of this Section within the time noted in the letter of request for the extension of compliance with landscaping requirements shall be deemed a violation of this Ordinance. In addition, failure to perform in accordance with this Section shall result in default and the forfeiture of the financial guarantee as set forth in Section 10.2. l4. 10.2.4.8 Existing Vegetation Credits (a) Existing healthy trees and shrubs shall be retained when possible and may be credited toward landscape requirements. Vegetation to be saved shall be identified on site plans: Protection measures, fences, preferably colored orange, red, or yellow, shall be located so that they maintain a six (6) foot radius around existing plants or provide a one (1) foot radius for each one (1) inch of diameter of trees (measured at a point four and one half (4 %) feet above ground), whichever is greater; (b) Credit given for existing, healthy, protected trees shall be on a tree -for -tree basis, for planted buffer areas, and on the basis of fulfilling the requirements for parking areas. Existing trees will not be allowed to be counted towards landscape screen requirements. Trees so credited must be at least two (2) inch caliper and be uniformly encircled by a protected ground area, shown on the grading, erosion control, and landscape plans. Protection of natural grounds of trees is encouraged, with each tree within the grouping being credited as if standing alone; however, the protected ground area, or tree save area, shall encompass all trees within the grouping. 24 t0.2.4.9 UKDISTURRED MJFFER9 ALONG STREAMS, WM ANDS, AND WATER BODIES (ta-,4.9) L;A TOP OF aAd-r_ OR Lv6e OP FML POND — HATER LEVEL. -� ` � B4iFF�R IpQfTT1FIEQ I^@TLAFD 5TRE.lN �, C-P055 SECTION Undisturbed Buffers Along Streams, Wetlands, and Water Bodies (a) Notwithstanding any other provisions of this Ordinance regarding bUfFers, landscaping or setbacks, all development shall maintain a thirty (30) foot undisturbed buffer measured from the top of the bank along -all streams that are shown as "blue lines" on the most recent versions of U.S. Geologic Survey 1:24,000 scale topographical reaps; along the edge of identified wetlands as established by the North Carolina Departnient of Environmental Resources as defined by N.C.G.S. 143.212(6); and along the edge of the full pond of any water body that is Fed by or connected to a "blue -line" stream; 25 ON POND OR NETLAND BLUE LINE STREA-H' - 30` BUFFER 30' PLAN VIEW (b) The Zoning Board of Adjustment may permit as a special exception water dependant structures, pedestrian facilities and other similar structures where the Board finds that only minimal disturbance will result. In permitting such facilities, the Board may attach such reasonable conditions as the Board may deem appropriate. Section 10.2.6 Community Appearance Standards —Single-family Dwellings 10.2.6.5 Landscaping Requirements for Single Family Residential (a) A sealed tree survey by a landscape architect or professional surveyor identifying all trees with a caliper greater than eight (8) inches DBH (diameter 4 %z feet above ground) is required at the time of submittal of new home construction. Any additional trees less than eight (8) inches in DBH that will be preserved for credit shall also be included on the tree survey. Trees with multiple trunks should be credited based on 50% of the total diameter at breast height (DBH) found by measuring the DBFI of each trunk. Exception: On R-2l0 lots, a tree survey for only the trees to be preserved for credit is required. The purpose is to assure that clear -cutting of the home site does not occur. (b) The required landscape area is calculated by the following point system determined by Zoning Districts found in part (c). Landscaping Point System Preserve Existing 3" to 10" DBH Greater than 10" DBH Lon leaf Pine 7 8 All other Native/Xerisca in Canopy Trees 1) 5 6 26 Other Canopy Trees (1) 1 2 NativelXerisca e Understory Trees t 3 4 Other Understory Trees 1) 3 1 NativelXerisca e Shrub 1 6 2 No caliper at DBH is required. New Planting 2 Longleaf Pine 4 NativelXerisca e Canopy Tree l 3 NativelXerisca e Understory Tree (1) 3 2 NativelXerisca e Shrubs 1 6 1 Planting Bed with 8 or more plants 4) _ I Note (l): Native and Xeriscaping Plant list and Canopy/Understory Tree Classification can be found in Appendix A. A tree or shrub that the owner or landscaper wish to use for credit that is native to the Sandhills ecosystem and not in Appendix A may be used for credit if approved by the Village Planner or designee. Note (2): New planting credits should only be obtained when there are few or no existing native trees on the lot. The -newly planted trees shall be healthy, 8' or greater in height if Canopy and 6' or greater if Understory. Note (3) Every lot shall have at least one flowering Understory tree either preserved or planted. For example, preserving or planting a Dogwood or Eastern Redbud. Note (4) A planting bed shall only be used for credit once. Note (5) Preserved trees shall be healthy; dead or unhealthy trees do not count toward the requirements. The Community Appearance Commission (CAC) will determine at the time of final CAC inspection whether the trees and shrubs noted for credit are healthy. Note (6) Foundation shrubbery shall not count toward this total. (c) The required number of landscaping points according to Zoning District is as follows: R5 R8 I R10 I R15 ja-07 R30 I R210 18 24 135 j 40 145 50 55 (d) In addition, the required number of plants around the foundation of the house shall include at least Fifty (50) percent of five (5) gallon plants, with the remaining fifty (50) percent a minimum of three (3) gallons plant size. Plantings shall be a minimum of six (6) feet apart on center. The number of plants required is determined according to the Zoning District as follows: R5 R8 R10 R15 R20 R30 R210 25 30 35 40 45 50 55 27 Note: When an odd number of plants are required, round up. For example, in R2 tQ you would have 22 (3) gallon and 23 (5) gallon plants. (e) Foundations, FIVAC units, and other structures on the property shall be screened with landscaping material. Of the plants required above, four (4) screening plants are required around an HVAC unit and an additional 'two (2) plants per additional HVAC unit; {f) In addition, pool equipment, well houses, and other like accessory structures shall be screened with approved fencing (up to six feet in height) and/or landscaping materials, using a minimum size of three gallon plants, as necessary to screen. Detached garages, storage sheds, and like accessory structures shall be screened with landscaping materials, a minimum of three (3) gallon plant size. Placement of at least one (1) plant every six (6) feet is required; a t i I 1 HVAC UNIT - FOUR SCREENING PLANTS REQUIRED (PLUS 2 PLANTS REQUIRED FCR EACH ADDITGNAL UNIT) y _ PE!C?ERTY (I NJ STORAGE SHED (SCREENED WITH APPROVED ZYQT,WNIMkJM LANDSCAPING MATERIALS, USING A SIZE OF THREE GALLON PLANTS PLACED 6' ON CENTER OR LESS) TYPICAL 517E ZONED R-15 (REQUIRES MINIMUM OF 40 FOUNDA70N PLANTS PLACED 6' ON CENTER OR LESS) (g) Plants intended to screen shall be required around decks or foundations up to five Feet in height. When decks or foundations are over five feet, decorative planting or fencing containing materials similar to those used in the house such as brick or lattice are required (except on a basement where the view or access would be blocked); 28 HOUSE FOUNDATION BRICK L4TTIGE (h) Site shall be designed ,to minimize the removal of mature specimen trees, for example, Pines, Dogwoods, Holly and Magnolias; (i) Compliance with the above requirements shall be sufficient for CAC approval of the landscaping plan. Section 10.2.9 Water and Sewer Requirements (a) General: All subdivisions and all developments (including single-family dwellings) shall be designed for and connected to Public water or sewer or meet applicable Health Department requirements for on=site systems where Public water or sewer is not required to be provided. The developer shall be responsible for obtaining all necessary permits and approvals for any water or sewer system extensions; (b) Oversized Water and Sewer Facilities: The Village may, in order to serve future development, require the developer to install certain oversized water and sewer improvements and/or to increase such improvements to a size and/or extent beyond that necessary for the needs created by the developer. In such cases, the Village shall enter into an agreement to reimburse the developer for the over - sizing and/or extension based upon rates as agreed to by the Village; (c) Water Requirements: Any subdivision or development that has Public water system lines available shall be required to extend the Public water system throughout the development or the subdivision to each lot located therein. All required water line extensions shall include appropriate valves, hydrants, taps, 29 and capped service to the property line of each lot as required by the Village Standards Manual. Such systems shall be designed and installed to allow for future extension to adjoining property as determined by the Village Engineering Department in consultation with the Pinehurst Fire Department. The term "available" shall mean that there is an existing water line of adequate size and water flow and/or pressure within 300 feet of the outside boundary line of the subdivision or development; or the Village, at its option, indicates its commitment to extend such a water line within 300 feet of the property line of the subdivision or development at no cost to the developer and there are no legal or topographic problems that prevent the developer from connecting onto and extending the existing system to the subdivision or development. In the event there are phases to the subdivision or development, or the subdivision or development is a part of a larger tract of land owned or under the control of the developer, then in that case Public water service shall be deemed to be available if an existing or proposed Public water system -line extends or will be extended within 300 feet to the larger tract of land. In the event the Village elects not to extend a water line of sufficient size, flow, and/or pressure within 300 feet of the subdivision or development boundary because of topographic features, legal obstacles, or financial reasons, then the developer shall not be required to extend Public water lines to each lot nor provide Public water service to the subdivision or development; (d) Sewer Requirements: Any subdivision or development that has Public sewer system lines available shall be required to extend the Public sewer system throughout the subdivision or development to each lot located therein. All required sewer line extensions shall include appropriate manholes, lift stations, pumps, clean outs, taps, and service to the property line of each lot as required by the Village Standards Manual. The term "available" shall mean that there is an existing sewer line of adequate size and sewer flow within 300 feet of the outside boundary line of the subdivision or development or the Village„at its option, indicates. its commitment to extend such a sewer line within 300 feet of the property line of the subdivision or development at no cost to the developer and there are no legal or topographic problems that prevent the developer from connecting onto and extending the existing system to the subdivision or development. In the event there are phases to the subdivision or development, or the subdivision or development is a part of a larger tract of land owned or under the control of the developer, then in that case Public sewer service shall be deemed to be available if an existing or proposed Public sewer system line extends or will be extended.within 300 feet to the larger tract of land. In the event the Village elects not to extend a sewer line of sufficient size and flow within 300 feet of the subdivision or development boundary because of topographic features, legal obstacles, or Financial reasons, then the developer shall not be required to extend Public sewer lines to each lot nor provide Public sewer service to the subdivision or development. 30 10.2.10.2 Well Field Development Regulations Within the Pinehurst Well Field the following regulations shall apply, and no development permit shall be issued without the permits and approvals required herein having been obtained: (e) Septic Tanks (1) Septic systems for the purposes of this ordinance are defined as private wastewater disposal systems for private home use; (2) Permits for new Septic Systems may be issued only if no public sewerage system is available for the location within 300 feet; (3) A permit will be issued in these cases with the requirement that when the public sewer system is available within 300 feet of the location, the septic system will be properly abandoned and pumped out and the owner will be required to connect to the public sewer system within a period of one year at the owner's expense. (f) Under Ground Storage 'yanks (1) Permits for new Under Ground Storage Tanks containing home heating oil, gasoline, pesticides or other hazardous materials will not be issued for properties within the boundaries of the Pinehurst Well Field; (2) Permits for new Under Ground Storage Tanks containing butane and propane gas will be issued as long as they meet permitting requirements of this Ordinance. (g) Above Ground Storage Tanks (1) Permits For new Above Ground Storage Tanks containing hazardous materials will be issued only if the Above Ground Storage Tank is equipped with a containment structure capable of containing the total capacity of the tank in order to prevent leaks from spilling on to the ground. (h) Fertilizer/Pesticide Mixing and Storage Areas and Animal Waste Piles (1) Fertilizer and pesticide mixing and storage areas and animal waste piles must be equipped with a containment structure capable of containing the total capacity of the product being handled to prevent leaching and leaks From infiltrating the ground; 31 (2) The containment structures mentioned above as they apply to storage of material must have a ground barrier and a cover or cap to prevent leaching into the soil. Section 10.2.11 Flood Damage Prevention Standards 10.2.11.1 Applicability All development within the jurisdiction of the ordinance shall comply with the Village of Pinehurst's Flood Damage Prevention Ordinance. Section 10.2.12 Tree and Ecosystem Protection 10.2.12.1 Purpose and Scope (a) The natural environment and ecosystem in the Village of Pinehurst supports a unique diversity of vegetation, soils and wildlife. Such conditions are of economic, historic and aesthetic value to the Village and make it a desirable place for residents, businesses and visitors; (b) Trees and other natural landscape elements help to naturally control water quality, erosion, moderate noise, dust and other airborne pollutants, and moderate the Village's climate. In addition,'trees provide an' important habitat for wildlife and endangered species, such as the Red Cockaded Woodpecker, which reside in this area; (c) Growth and economic development attracted to the Village at times necessitates the alteration of the trees natural conditions, vegetation and soils; (d) Such activities necessitate regulations for the protection, installation, removal, and long-term management of trees, other vegetation and soils in the Village and its extraterritorial jurisdiction; (e) These regulations apply to all public lands. 10.2.12.2 Specimen Trees (a) Specimen trees include all of the following: A specimen tree is any healthy living tree that: a. Has a trunk diameter at breast height (DBH) of 24 inches or more; 32 b. A trunk DBH of 12 inches or more in the case of the following species: (i) Ilex species (holly); (ii) Magnolia species; (iii) Pine species; (3) Is listed as a State or National Champion by the North Carolina Forest Service or the American Forestry Association; (4) Provides unique habitat for any endangered or threatened wildlife species protected by Federal law; or . (5) Has been cited by the Village Council as being historically significant. 10.2.12.3 Applicability (a) The provisions of this Section shall not apply to: (1) "frees, vegetation and land disturbing activity normally associated with the landscaping, construction or modification on any private land, unless the property owner voluntarily registers a specimen tree or group of trees; (2) Routine maintenance of existing vegetation outside the public right-of- way, such as pruning, watering, and fertilizing; (3) The removal of dead trees and/or trees and other plants that have been diagnosed and determined to be diseased beyond treatment. (b) Area , Protected: Except as herein exempted, all public rights -of -way, public parks, or public open space within the Village and its extraterritorial jurisdiction are hereby protected; (c) Permitted Uses: A Landscape Protection Plan, or Site or Subdivision Plan showing protection measures shall be required from any person or property owner for the following activities on undeveloped land: 33 (1) Construction of any kind on public land; (2) The practice of forestry as defined by North Carolina General Statute 105-277.2 -7. Such forestry shall be permitted only after an applicant submits a Landscape Protection Plan for trees and natural features on adjoining public lands. (d) No person shall remove, cut above ground, or otherwise disturb the vegetation or the soil within the critical root zone of any specimen tree on public land without first obtaining approval of a Landscape Protection, or Site, or Subdivision Plan showing protection measures; (e) All development activities on a site, including installation of public and private utilities, shall conform to the provisions of an approved Landscape Protection Plan, or Site, or Subdivision Plan showing protection measures. 10.2.12.4 Preservation and Removal of Ti ees on Public Land (a) Without an approved development permit, it is illegal to: (1) Plant, prune, remove, apply chemicals that are harmful to or disturb any tree or the soil within the critical root zone of any tree on public land; (2) Clear vegetation, begin any excavation, remove soil or place fill on all public land and easements owned or maintained by the Village; (3) Except to abate a hazard or public safety condition, it shall be a violation of this Ordinance to damage, destroy, or mutilate any tree in a public right-of-way, any public place, or attach or place any rope or wire, sign poster, handbill or any other thing to or on any tree or cause or permit any wire charged with electricity to come into contact with any such tree. (b) Maintenance of Trees on Public Land: (1) The Village will provide tree maintenance in the Village Center districts and on public streets. The Village will not be responsible for the maintenance or replacement of shrubs or other plantings planted on the right-of-way except those planted by the Village. Shrubs and plantings that are planted on the right-of-way of any public street and not maintained in a safe, healthy and attractive condition may be pruned or removed by the Village at the cost of the party responsible for plantings. (c) Public Hazards Caused by Trees on Private or Public Property: 34 (1) It shall be the duty of the owner of the private property wherein or whereupon a public hazard exists, to abate the hazard by removing or trimming the growth. Trees on private property whose roots may enter into public sewers or water mains shall also be public hazards and may be trimmed or removed as deemed necessary by the Village. If the owner of private property, after being notified of the existence of a public -hazard on their property, fails to abate the hazard within 30 days, the Village Planner shall have the hazard abated and assess the exact cost to the owner as provided by law; (2) Where the roots of a public tree or shrub constitute a hazard to private property, the affected property owner shall notify the Village for corrective action by the Village. A permit for such cutting, pruning, or removal shall be granted only after the proposed work has been reviewed and approved by the Village Planner; c. Where the growth and limbs of public trees constitute a hazard to private property, the Village, upon notice, shall correct the condition; d. Where the growth of trees on public land interferes with public utilities, such conditions shall be corrected by proper pruning, removal, or replacement of the tree causing the interference. Such work shall be the responsibility of the Village. (d) Removal of Trees: (1) Trees and shrubs shall not be removed from public property or public street rights -of -way without a permit issued by the Village Planner. Trees and shrubs on all public land and easements owned or maintained by the Village may be removed only when they are dead, dangerous to life and property, seriously diseased or constitute a public hazard, or where necessary to accommodate the construction of a public facility; (2) The Village retains the right to remove any tree on any public street or highway right-of-way or easement owned or maintained by the Village which is necessary to permit the proper maintenance or improvement of the public street except that no specimen tree shall be removed from land or easements owned by the Village or any public street or highway right- of-way unless it is determined there is no reasonable way the land or street can otherwise be developed, improved or properly maintained and the tree saved; (3) The Village may remove dead or diseased trees from the public street right-of-way, easement owned or maintained by the Village on any 35 public street. A tree on the line which is half or more than halfway on the right-of-way boundary line at its base will be considered to be in the right-of-way. 10.2.12.5 Construction Activity on or Adjacent to Public Land (a) A LanJsca e Protection Permit Shall Be Required For: (1) Any excavation of trenches or tunnels for the installation or repair of utilities taking place within the critical root zone or any specimen tree on public land. (b) Protection of Trees In Construction Area: (1) All trees to be saved on public land adjacent to any excavation or construction of any building, structure, or new streets shall be guarded with protective fencing or other equally effective measures. All construction material, dirt, or other debris shall be kept outside the protected area; (2) No person shall deposit, place, store, or maintain upon any public land, street, right-of-way, or any stone, brick, sand, concrete, or other materials that may impede the free passage of water, air, and fertilizer to the roots of any tree growing therein. 10.2.12.6 Preservation and Removal on Private Property (a) Specimen Trees On Private Land: (1) Specimen trees shall be shown on all preliminary commercial and residential site plans and located by survey on final site or Landscape Protection Plans. The Village Planner may visit the site to determine the accuracy of identification. The location and identification of specimen trees shall be required if such trees are within 100 feet of areas of a development site where soil disturbance or construction activity is proposed; (2) Proposed development shall be designed to maximize the preservation of specimen trees. Where specimen trees exist, Flexible approaches such as adjustments to lot layout, placement of buildings and paved surfaces and location of utilities shall be pursued in -order to save them; 36 (3) Notwithstanding any provision of this Ordinance to the contrary, saving of a specimen tree shall constitute evidence that the requirements for a case have been met for a variance application; . (4) No soil disturbance from construction, trenching or grading, or paving, or storage of equipment or materials shall take place within the critical root zone of any specimen tree to be preserved unless during the review of the site and/or Landscape Protection Plan it is determined there is no reasonable way the property can be developed without such disturbance. (b) Voluntary Protection Of Specimen Trees On Existing Residential Lots: (1) Specimen trees which are located on individual lots with single homes shall be protected if voluntarily registered by the property owner; (2) Registration of such trees shall render the owner of the lot the following privileges: if a permitted accessory' structure or addition to a house is being planned, notwithstanding any provision of the Ordinance to the contrary, saving of' a specimen tree may constitute evidence that requirements for a case have been met for a variance application. Section 10.2.13 Soil Erosion and Sedimentation Control (a) All development shall be conducted in conformance with the standards and procedures for the control of sedimentation and soil erosion as set forth in North Carolina General Statute, Chapter 113A, Article 4 (Sedimentation Pollution Control); (b) No development permit shall be issued for development that involves land - disturbing activity if more than one (1) acre is to be uncovered, unless an erosion control plan has been approved by the Division of Land Resources of the North Carolina Department Division of Environmental Management and a copy of the approved plan is submitted as part of the development permit application; (c) No development permit shall be issued for development that involves land - disturbing activity if less than one (1) acre is to be uncovered, unless the person to whom the permit is to be issued affirms on the permit application that the land - disturbing activity will be conducted in conformance with the standards and procedures for the control of sedimentation and soil erosion as set forth in North Carolina General Statute, Chapter 1 13A, Article 4; (d) Failure of the permit holder to perform land -disturbing activity in accordance with the standards and procedures for the control of sedimentation and soil erosion as set forth in North Carolina General Statute 113A, Article 4 shall result 37 in the permit holder being in violation of the terms of this Ordinance and may result in the revocation of the development permit. Section 10.2.14 Subdivision Standards 10.2.I4.It 1 Dedication of Open Space and Recreational Land (a) General Provisions: The subdivider of each subdivision for residential purposes proceeding under applicable North Carolina General Statutes shall dedicate a portion of such land or pay a fee in lieu thereof, in accordance with this Section, for public park, greenway, recreation, and open space sites to serve the recreational needs of the residents of the subdivision or development. Ownership, maintenance and control of recreation areas not accepted for dedication to public use shall be the responsibility of a Homeowners or Owners Association! At the discretion of the Village Council, this land may receive total or partial credit towards the recreation area requirements outlined in this Section. Ownership, maintenance and control.of townhouse!unit development common open space shall be the responsibility of a Homeowners or Owners Association. In this case, a copy of Articles of Incorporation and Restrictive Covenants shall be his by the Village Attorney prior to recordation of a Final plat. The Village shall have the option of requesting a payment in lieu of or dedication of real property, or a combination of a partial payment in lieu of and a partial dedication of land. The Village shall ensure that such recreational land shall serve the subdivision, although the land obtained may serve more than one subdivision or development within the immediate area; (b) Amount of Land to be Dedicated: The amount of land required to be dedicated for recreation by a.subdivision shall be based upon the most recent U.S. Bureau of Census Figures for an average size family for the Mineral Springs Township and a park and recreation ratio of ten (10) acres per 1,000 persons. The actual amount of land to be dedicated shall be determined by the following formulae: [TOTAL [AVERAGE [0.01 ACRE NUMBER OF SIZE OF PER DWELLING FAMILY] PERSON] UNITS] X X X = ACREAGE OF DEDICATION (c) Credit for Dedication in Overlay_ District Developments: For overlay district developments, the lands dedicated under this Section may be credited toward the open space, park, and recreation land requirements set forth in the overlay district; (d) Nature of Land to be Dedicated: Except as otherwise required by the Village Manager or Village Council (depending on whether it is a minor or major subdivision plat) at the time of preliminary plat approval, all dedications of land shall meet the following criteria: 38 (1) Uni : The dedicated land shall form a single parcel of land, except where the Village Manager or the Village Council determines that two or more parcels would be in the best interest of the public, given the type and distribution of open spaces needed to adequately serve the proposed development. In -such cases, the Village Manager or the Village Council may require that such parcels be connected by a dedicated strip of land at least 30 feet in width; (2) Usabili : At least one-half of the total land dedicated shall be located outside of areas of special flood hazard alluvial soils, or other water bodies, and areas with slopes greater than 15 percent, and at least 75 percent of the total land dedicated shall be located outside of wetlands subject to federal or state regulatory jurisdiction. Lakes, ponds, creeks, or other water bodies, and wetlands Falling under the jurisdiction of state or Federal agencies as may be dedicated only if approved by the Village Council upon the recommendation of the Planning and Zoning Board. Land dedicated only for greenways need not follow the requirements of this subsection; (3) Shape: The shape of the portion of the dedicated land which is deemed suitable for active recreation shall be usable for recreational facilities and activities, such as athletic fields and tennis courts, when a sufficient amount of land is dedicated to accommodate such facilities. Land dedicated only for greenways need not follow the requirements of this subsection; (4) Location: The dedicated land shall be located so as to reasonably serve the recreation and open space needs of residents of the subdivision or surrounding area; (5) Accessibility: Gradients adjacent to existing and proposed streets shall allow for reasonable access to the dedicated land. Where the dedicated land is located adjacent to a street, the developer or subdivider shall remain responsible for the installation of utilities, sidewalks, and other improvements required along that street segment. Access to greenway dedications only shall be at least 20 Feet wide; (6) Topography: The topography shall be suitable For the intended recreational purpose(s); (7) Sub -soils: The sub -soils shall be suitable for intended recreational purpose(s); (8) Vegetative Cover: The vegetative cover, if any, shall be retained, if feasible, to protect the soil from erosion, buffer adjacent residential uses from active recreation sites and to lend attractiveness to the parcel. 0 (e) Procedure for Dedication of Land: The dedication of such land shall be reviewed and approved as part of the preliminary plat. The subdivider shall designate on the preliminary subdivision plat, the area or areas of land to be dedicated pursuant to this Section. Where wetlands or endangered species (such as the Red -Cockaded Woodpecker) falling under the jurisdiction of state or federal agencies have been certified to exist on the property, the preliminary subdivision plat, shall also identify the boundaries of such wetlands or other such areas of environmental concern. Upon receipt of the preliminary subdivision plat, the Village Planner shall submit a copy thereof to the appropriate staff agencies for review. This staff shall submit any and all recommendations concerning the land to be dedicated to the Manager for minor subdivision or the Village Council for major subdivisions; (f) Submission of Deed and Survev: An executed deed conveying the dedicated land to the Village of Pinehurst, and a reproducible boundary survey, shall be submitted with the final, plat. The amount of land dedicated for a certain plat shall be proportional to the number of lots on the final plat; (g} No Limit on the Amount of Privately Controlled Open Space: Nothing herein shall be construed to limit the amount of privately controlled open space land which may be included to this agreement, over and above the recreation and park site dedication obligation. 10.2.14.12 Payments of Fees in Lieu of Land Dedication (a) In General: The payment of fees, in lieu of the dedication of land under Section 10.2.14.11 above, may be permitted.by the Manager for minor subdivisions and the Village Council for major subdivisions at the request of the subdivider or developer. The payment of fees in lieu of land dedication may be required by the Village Council at the time of preliminary plat approval upon finding that the recreational needs of the proposed development can best be met by other park, greenway, or recreational facilities planned or constructed by the Village within reasonable proximity to the development; (b) Procedure for Approval: The payment of such fees in lieu of land dedication shall be reviewed and approved as part of the preliminary plat. Any subdivider or developer wishing to make such payment shall attach to the application for preliminary plat approval a letter requesting the payment of fees in lieu of land dedication; (c) Time of Pam: The fees in lieu of dedication shall be paid prior to recording any lot (s) in the subdivision to which the fees relate; (d) Amount of Payment: The amount of the payment shall be the product of: (1) The number of acres tobe dedicated, as required by Section 10.2.14.11 above; 40 (2) The assessed value for property tax purposes of the land being subdivided. (e) Use of Funds: All monies received by the Village pursuant to this Section shall be used only for the acquisition or development of parks, greenways, trails, open space sites, and related recreational facilities. 10.2.14.13 Open Space Subdivisions in the R-210 District (a) Within the R-210 District, any proposed subdivision that consists of thirty (30) acres or more shall conform to the open space subdivision requirements as follow. Prior to submitting a preliminary plat, the subdivider shall submit to the Village Planner three (3) copies of a sketch plan that shall include the following elements: (1) Site Analysis: The subdivider shall. prepare a site analysis that shall identify flood plains and wetlands along with other significant features such as woodlands; tree lines; open fields or meadows; scenic views into or out from the property; watershed divides and drainage ways; existing structures; location(s) of existing cemeteries; road ways; existing trails; significant wildlife habitat; prime agricultural farmland; historic, archaeological and cultural features listed (or eligible to be listed) on national, state or county registers or inventories; (2) Percent of land to be in open space: After subtracting land in flood plain and wetlands, at least fifty percent (50%) of the remaining land shall be placed in permanent open space by either dedication to the Village on approval of the Village Council, included as permanent open space in an Owner's Association, or placed as permanent open space to be managed by an entity acceptable to the Village Council; (3) Open Space Allocation: Based upon the site analysis, the amount of land to be designated as flood plain and wetlands shall be determined. The remaining land shall be divided with no more than fifty percent (50%) designated as developable and at least fifty percent (50%) designated as open space. Priority for open space land shall be given to land with special environmental and cultural significance. At least thirty percent (30%) of the open space shall remain in its natural state, not including bodies of water; (4) Maximum Number of Lots: The maximum number of lots that may be developed shall be determined by dividing the amount of land available after subtracting fifteen percent (15%) for streets from the total land in the tract and dividing the remainder by five (5); 41 (5) Lots and Development: Lots shall be a minimum of one (1) acre and all subdivision components shall be confined to the portion of the tract designated for development. Access to the open space shall be provided for in the subdivision; (1) V iewsheds: To preserve the rural character of the R-2 l0 District, viewsheds are required to be designed into the Open Space Subdivision. A viewshed is an area intended to preserve the rural character by designing around existing landscape .features so that the subdivision street frontage and/or entryways appear as open space and the dwellings are not immediately visible; ' 4 T`I'PIGAL 100 ACRE TRACT `0 MINIMUM 50% OF �+'� 5EVENTEEN nio DESIGNATED sG3E LOTS AS Ft3MAN]z-JOPEN 5PAGE F 0 i NEY1 ROADS A NO FIORE THAN 15% EXI5T1NC7 � '� . ,�� ♦. OF TOTAL LAND IN i2OADl IAYS EXISTING pASTLpELAWD I EX15T1NG '� • . ` YVOOI�L. H15TOR FARH E FRICRRY GIYEN TO 5TRLhr'TJ1 LAND NTH 5PEGIAL EW ROWENTAL Y1EYtaHEP ANV GLLTURAL PRE5ERVED 'fir 516N1FIGANGE MBER OF LOTS (For 100 AORE5 LE55 15% = 55 ACRE5/FIVE AGRE5 = 17 LOTS (7) Preliminary Subdivision: Upon completion of this Section, the subdivider may proceed to prepare and submit a preliminary plat for the development. 10.2.14.26 Planned Residential Development Purpose The purpose of a Planned Residential Development ("PRD") is to allow for the placement of dwelling units and installation of private streets that are not otherwise permitted by this Ordinance. The intent is to develop less land area and to conserve land resources, thus preserving natural and scenic features through innovation in the design of the project. PRDs shall promote the efficient use of land resulting in infrastructure networks that maximize the allocation of fiscal and natural resources with a means of permanently protecting open space and important environmental resources. 42 (a) Elements a PRD shall include: 'a minimum size of at least 100 contiguous acres zoned R-30;' land under unified control to be planned and developed as a whole or in definitely phased series of development operations, including all lands and buildings; a Master Plan and site plan which includes streets, utilities, lots or building sites, and plans for other uses and improvements on the land as related to the buildings and total development; a site plan which indicates the protection , of surrounding areas from potential adverse influences within the development with regard to vehicular and pedestrian access and connectivity, and buffering as necessary; a chart identifying the reduction of each applicable lot and the amount being placed in open space is required with the submittal. For each lot reduced from 30,000' square feet the remainder shall be set aside for open space. All area's not included within designated building lots shall be dedicated as open space. Open space may be located throughout the entire development not just within the cluster areas. (b) Specifications: (1) Density The number of dwelling units per acre for the underlying zoning district will determine the density and maximum number of dwelling units of the PRD. (2). Private Open Space The applicant will provide a site analysis with the Master Plan that shall identify: flood plains, wetlands, woodlands, tree lines, open fields or meadows, watershed divides and drainage ways, existing structures, locations(s) of existing cemeteries, road ways, existing trails, wildlife habitat, farmland, historic, archaeological and cultural features listed on national, state or county registers or inventories. (c) Uses of Private Open Space: The land conveyed as private open space shall not be disturbed, developed or improved with any structures or buildings, except for the limited purposes allowed below: 1. Facilities for active recreation (equipment for such uses shall be indicated on the site plan provided by applicant) 2. Private open space may include passive recreational and educational purposes including but not limited to walking, biking, picnicking, fishing, preservation of natural areas and scenic resources, parks, environmental education and wildlife habitat protection. 3. All private open space shall be owned by an Owners Association. (d) Setbacks: 43 (e) Streets: The minimum allowed lot size for PRD to reduce to for cluster purposes shall meet the minimum lot size, maximum building height and principal building setback requirements of the R-5 district found in Section 10.2.2.2. No other requirements of section 10.2.2.2 shall control. The minimum principal building size shall be 1,800 heated square feet. Principal structures shall have a minimum of twenty (20) feet of separation and be setback thirty (30) feet from any lake. The Applicant may propose that the applicable setback be reduced, which may be allowed if such reduction is for good cause and is consistent with the purpose of this Section. The reduction in setback shall be indicated on the`Master Plan and site plan and may be approved in conjunction therewith. All non -cluster lots shall. be 30,000 square feet in size as a minimum standard and meet the dimensional requirements of the R-30 zoning district found in Section 10.2.2.2. In all cases the minimum setback on the exterior lot shall meet Section E0.2.2.2. It is recognized that a characteristic of a PRD is that the internal streets do not follow fixed linear geometric lines. Instead, roads shall be designed and built with regard to existing and proposed streets; the topography of the area to such; natural features such as streams and forested areas; the public convenience and safety; and the proposed use of land to be served. (f) Infrastructure: All proposed developments with regard to sidewalks, roadway, water and sewer and storm water shall be in accordance with the requirements and standards set forth in the PDO and the Village of Pinehurst Engineering and Standards Manual. (g) Residences: Residential units within the PRD will be designed and scaled to meet the requirements of each Master Plan and site plan submitted. A PRD shall contain only detached single family residences. Residential units will be located on specific locations and identified on the site plan and Master Plan. (h) Accessory Structures: Within Cluster areas, accessory structures may be constructed to the property line and may be located within the front, side and rear yard. These structures must be located and approved as part of the site plan. Accessory structures are to be located only on the portion of the lot in proximity to the driveway. (1) PRD Approval: A PRD will follow the same review and approval process that conventional subdivision developments follow as required by this Ordinance and referenced in Section 10.2.14 with the following exceptions: 44 The total acreage of the PRD may be developed in phases or sections. The Master Plan will indicate the area to be developed, including each phase and acreage with an approximate timetable of each development Phase. It is the responsibility of the applicant or owner to present site plans in accordance with the approved Master Plan. When the ability to implement or strictly follow approved Master Plan conditions is problematic, the Planning Director shall have the authority to approve minor changes. Changes to original plans submitted shall be considered as either a major or a minor change. Examples of minor changes include the moving of a street due to topography or environmental concerns, or a change in the location of a sewer line. Major changes will require a new site plan to be submitted to the appropriate Board or Boards for approval. Examples of major changes include additions, subtractions or relocation of residences; addition or subtraction or relocations of streets. All proposed changes shall be submitted on the Village of Pinehurst Planning and Inspections Department Change Order Form. 10.2.14.27 Green Neighborhood Regulations Purpose The Purpose of the Green Neighborhood is to manage the subdivision of land for residential development in a manner that results in more effective conservation of the natural environment and the preservation of a Village's community character. Green Neighborhoods are designed to function as a municipal land use management tool that will enable the conservation and protection of a site's importani features, including natural, historical and archaeological resources and community character, such as scenic vistas, view sheds, and greenway connections. At the same time, Green Neighborhoods enable a property to be developed for single family detached housing at the same gross density as is permitted under existing municipal zoning. Requirements for Open Space subdivisions in the R210 zoning district can be found in Section 10.2.14. l3 of this ordinance. All subdivisions of land in the following residential zoning districts shall comply with the following Green Neighborhood Regulations and all structures in the zoning districts shall comply with the following dimensional requirements, except as may be otherwise provided by this Ordinance: (a) R-30, R-20, R-15, R-10, and R-8 Districts*** Requirements Zoning District R-30 R-20 R-15 R-1.0 R-8 Maximum Intensity of Total Site l d.u. per 30,000 sq. ft. (1) 1 d.u. per 20,000 sq. ft. 1) 1 d.u. per 15,000 sq. ft. 1) l d.u. per 10,000 sq. ft. (1) 1 d.u, per 8,000 sq. ft. (1) Minimum Open Space Area 25% 20% !) 20% 1) t 5% 1) t 5% !) 45 Minimum Lot Size 20,000 14,000 10,000 sq. 7,000 sq. ft. 6,000 sq. ft. sq, ft. sq. ft. ft. Minimum Lot Width 75 ft. 60 ft. 55 ft. 55 ft. 50 ft. At the Setback Line 4) 4) 4 4) (4) Minimum Lot Width at Street 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Line Maximum Building Sleight 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. 3) 3) 3 3) 3) Minimum Front Yard 30 ft. 30 ft. 25 ft. 25 ft. 20 ft. Setbacks Minimum Rear Yard 25 ft. 25 ft. 25 ft. 25 ft. 20 ft. Setbacks Minimum Side 15 ft. 12 ft. 12 ft. 12 ft. 8 ft. Yard Setbacks (5) (5) (5) (5) (5) Maximum Lot Covered By 37.5% 42% 45% 46% 49% . Impervious Surfaces 2) (2) 2 2 (2} Maximum Lot Covered By 25% 24% 36% 32% 29% Buildings *** Dimensional Standards indicated in this table are applicable only to Residential Subdivisions that meet the Green Neighborhood regulation of this Ordinance and to the future development of the lots created under these regulations. Note (l ): The maximum intensity and minimum open space Figures shall be established after the land area for the rights of way, wetlands, and floodplain are taken out of the total acreage calculation. This figure shall be required of all neighborhoods created under the Green Neighborhood Development standards. For example, a 20 acre tract of land that includes•a proposal of two acres of rights of way, one acre of floodplain, and one acre of wetlands would be left with 16 developable acres in which to divide the maximum number of dwelling units (d.u.) into. If that property was zoned R-30, you would divide 16 acres by 30,000 sq. ft. This results in a maximum of 23 dwelling units. The minimum percentage of open space would be four acres. Note (2): Section t2.4 Watershed Protection Overlay District may require a lower impervious surface coverage. Note (3): No single-family dwelling shall exceed the maximum height of thirty-five (35) feet as measured from the average grade plane. At the setback line, 25 feet is the maximum allowable height. To reach the maximum height of 35 feet an additional ten feet of setback will be required. This standard is intended for each foot back from the setback the structure may go up one foot until the maximum height of 35 feet is reached ten feet back from the required setback line. Note (4): Corner lots are required to add ten (10) feet. Note (5): Corner lots are required to add five (5) feet for the corner street side. 46 (b) Within the Zoning Districts listed in Section 10.2.14.27 (a) of this ordinance, any proposed major subdivision shall conform to the Green Neighborhood requirements as follows: Prior to submitting a preliminary plat, the subdivider shall submit to the Village Planner three (3) copies of a sketch plan that shall include the following elements: (1) Site Analysis: The subdivider shall prepare a site analysis identifying floodplains and wetlands along with other significant features such as woodlands, tree lines, open fields or meadows, scenic views into or out from the property, watershed divides and drainage ways, existing structures, location(s) of existing cemeteries, road ways, existing trails, significant wildlife habitat, prime agricultural farmland, and historic, archaeological, and cultural features listed (or eligible to be listed) on national, state, county, or local registers or inventories; (2) Percent of land to be in open space: After subtracting land in the proposed and existing rights of way, floodplains, and wetlands, the subdivision shall then provide for open space For the designated zoning district in accordance with the table located in Section 10.2.14.27 (a) of this ordinance by dedication to the Village upon approval of the Village Council, included as permanent open space in an Owner's Association, or placed as permanent open space to be managed by an entity acceptable to the Village Council; (3) Open Space Allocation: Based upon the site analysis, the amount of land to be designated as flood plain and wetlands shall be determined. These lands are not to be counted in meeting the open space requirement of this section, nor shall any existing or proposed"rights of way be counted. The remaining land shall be divided as developable lots and designated open space meeting the requirements of -Section -10.2.14.27(a) of this ordinance. Priority for open space land shall be given to land with special environmental and cultural significance. At least twenty-five per (25%) of the open space shall remain in its natural state. This open space shall be provided in one or more parcels, but consideration shall be given to connecting open space within a subdivision and to adjacent properties and subdivisions. A twenty (20) foot buffer is required around all bodies of water, including wetlands; (4) Maximum Number of Lots: The maximum number of lots that may be developed shall be determined by utilizing the table located within Section 10.2.14.27 (a) of this ordinance. (5) View sheds: To preserve the character of Pinehurst, Green Neighborhoods fronting on minor or major thoroughfares or rural roads should be sited with a visual buffer from the public realm, the road and road right of way. (7) Preliminary Subdivision: Upon completion of this Section and creating a subdivision design that incorporates all of the principles and design elements of this section and upon receiving a general approval of the 47 village planner that these elements have been met on the submitted sketch plan, the subdivider may proceed to prepare and submit a preliminary plat for the development that is consistent with the previous sketch plan process an complies with all applicable regulations for subdivision approval within the Village of Pinchurst. Section 10.2.15 Site Plan Development Standards 10.2.15.8 General Design Standards All site plan development shall meet the following standards before they may be approved by the Village Planner or Village Council: (a) The proposed development shall comply with all general development standards for the zoning district in which it is located, as set forth in this Ordinance; (b) Traffic circulation and control patterns within the site shall be adequate to provide access to adjoining properties and streets and shared driveways shall be provided for adjoining developments; (c) Walkways shall be located so that pedestrians may walk from store to store or building to building on the site and on adjacent properties; (d) Where on -site travel lanes and/or driveways connect to adjacent properties and allow traffic, movement between adjacent properties, such lanes and driveways shall be constructed with curbs and gutters meeting the requirements of the Village's Standards and in this Ordinance; (e) Parking shall not be allowed along the travel lanes and driveways covered by subsection (e) above and adequate no -parking signs shall be installed along all such travel lanes and driveways; (E} Water supplies, fire protection facilities and sanitary sewer facilities shall be adequate to serve the type and amount of the total planned development; (g) Drainage systems shall be adequate for the disposition of storm water. Section 12.1 Highway Corridor Overlay Districts 12.1.1 Purpose and Intent The primary purpose of this Section is to preserve and enhance the natural beauty adjacent to and along the Village's public highways in conjunction with the existing zoning districts. These overlay districts are established to prevent unsightly conditions as a result of 48 development which may destroy or detract from the natural character, beauty and conditions and to exercise such reasonable control over land within the district as may be necessary to accomplish the objective. Secondly, this Section is intended to minimize undue visual harshness and potential safety hazards that may exist along the roadways in the Village and to ensure a view that is in keeping with the character of the natural ecosystems as well as the high quality of life. 12.1.2 Location of Districts (a) The Highway Corridor Districts are hereby established as districts that overlay zoning districts established in Chapter l0 and 11. The Highway Corridor Overlay Districts shall be measured from the edge of the public right-of-way. The Highway Corridor Overlay Districts shall be 400 feet from the right-of-way and run parallel to the right-of-way; however, only lots or tracts of land with frontage on the roads referenced in 12. l.2(e) shall be subject to the requirements of the Highway Corridor District. Existing platted single-family zoned lots are not subject to the Highway Corridor Overlay District; (b) The use and development of land or structures within the Highway Corridor Districts shall comply with regulations applicable to the underlying zoning district (s), as well as the requirements of this Section. Where the requirements of this Section are in conflict with any other provisions of this Ordinance, the stricter requirements shall apply; (c) This Section establishes a set of dimensional standards. These standards are designed to achieve a natural or landscaped edge along the highway corridor. The standard dimensions in the following section provide a higher level of public safety on and along the highway' corridors. They also provide protection of property values through balanced natural and infrastructure resources. These patterns are characteristic of the visual qualities along the highway corridors in the Village of Pinehurst; (d) The following two (2) Highway Corridor Districts are established: (l) Urban Transition Corridor Overlay Districts; (2) Urban/Village Corridor Overlay Districts. (e) The two (2) Highway Corridor Overlay Districts shall be established as follows: (1) Urban Transition Corridor Overlay Districts are described as follows: 49 (i) NC 5 from Monticello/Lake Hills Drive south to municipal and/or extraterritorial jurisdiction boundary of the Village of Pinehurst; (ii) NC 211 western Village of Pinehurst extraterritorial jurisdiction boundary east to the intersection of US 15-501 at the traffic circle except land within the HD Zoning District; (iii) US 15-501 from northern Village of Pinehurst extraterritorial jurisdiction boundary south to Village of Pinehurst boundary; (iv) NC 2 from the traffic circle east to the Village of Pinehurst extraterritorial jurisdiction boundary; (v) SR 1843 (Airport Road) from intersection at NC 2 west to Village of Pinehurst extraterritorial jurisdiction boundary. (2) Urban/Village Corridor Overlay Districts are described as follows: (i) NC 5 from the intersection at NC 211 south to Monticello/Lake Hills Drive; (ii) NC 2 from the traffic circle west to the intersection at NC 5. 12.1.3 Plan Approvals Required All development within the Highway Corridor District shall require submission of a site plan or preliminary subdivision plat in accordance with this Ordinance, and approval of such plan or plat by the appropriate Village authority. 12.1.4 Urban Transition Highway Corridor District Requirements (a) Purpose of the Urban Transition Highway sway Corridor Sub_ District: The "Urban Transition Highway Corridors" are predominantly developed with a mix of residential, recreation, and commercial uses. These sections are best suited for providing a balance of natural and manmade factors. The visual quality of these sections depends highly on site planning, landscaping and preservation of natural features. The dimensional standards for the urban transition corridors ensure a gradual transition from rural to urban conditions and provide for compatible densities for residential areas. (b) Lot Dimensional Requirements: 50 Highway Yard: (Adjoins Highway) Building Setback: Seventy-five (75) feet Parking Area Setback: Fifty (50) feet Landscape Buffer Fifty (50) feet Maximum Building Height: Thirty-five (35) feet Access Driveways: Maximum Driveway Width: Thirty-six (36) feet Maximum Driveways per Road referenced in Section 12.1.2.e: One (1) per Road referenced in Section 12.1.2.e Minimum Distance from intersection: One hundred and Seventy (170) feet Common Driveway Adjoining Lot: Required 12.L5 Urban/Village Highway Corridor District (a) Purpose of the Urban/Village^ Highway Corridor Sub -District: The "Urban/Village Highway Corridors" contain higher levels of the manmade environment. The following dimensional standards for this type of corridor will result in a more traditional town or village pattern in scale with modern highways use of automobiles; (b) Lot Dimensional Requirements: Highway Yard: (Adjoins Highway) Building Setback: Thirty (30) feet Parking Area Setback: Thirty (30) feet Landscape Buffer Twenty (20) feet Maximum Building Height: Thirty-five (35) feet Access Driveways: Maximum Driveway Width: Twenty -rive (25) feet Maximum Driveways per Road referenced in Section 12.t.2.e: One (1) per Road referenced in Section 12.1.2.c Minimum Distance from Intersection: Seventy -Five (75) feet Common Driveway Adjoining Lot: Required 51 Section 12.4 Watershed Protection Overlay District 1.2.4.1 Purpose and Intent The legislature of the State of North Carolina has, in Chapter 143, Article 21, Watershed Protection Rules, and in 15A North Carolina Administrative Code 2B.O100 and 15A NCAC 2B.0200, delegated the responsibility or directed local government units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. The intent of the Watershed Protection Overlay District is to ensure the availability of public water supplies at a safe and acceptable level of water quality for present and future residents of the Village and the surrounding region. Watershed protection measures allowed by this Section of the Ordinance include: (a) Impervious area limitations; (b) Stream and reservoir buffers; (c) Restriction of land uses and density allowed within- water supply basins by the use of zoning. 12.4.2 Applicability (a) The Watershed Protection District is an overlay district to be applied to designated watersheds on the Official Map of Zoning Districts with regulations superimposed on all lands lying within the watershed of a public water supply. The boundaries of the Watershed Protection District(s) shall be shown on the Official Map of Zoning Districts and Extraterritorial Jurisdiction Line. The Watershed Protection District consists of four (4) sub -areas: (1) Drowning Creek —Lumber River WS-I1, Balance of Watershed; tn (2) Nicks Creek —Cape Fear River WS-III, Balance of Watershed; (3) Little River —Intake 92 WS III, Balance of Watershed; (4) Little River —Vass WS-III, Balance of Watershed. The uses prohibited and the limitations on impervious surface coverage in the Watershed Protection Districts are listed in Sections 12.4.4 and 12.4.5. (b) Sedimentation and erosion control. Responsible control of erosion and sediment is crucial to the protection of storm water quality and the continued proper function of the measures required in this Section. Requirements pertaining to sedimentation and erosion are addressed in Section 10.2.13 of this Ordinance. 52 12.4.3 Procedures for Development Approval (a) Protection Measures. All development within the Watershed Protection Overlay District shall demonstrate compliance with the requirements of this Section at the time of development permit approval, except as set forth in (b) below; (b) Exception for Existing Development: Development existing as of June 21, 1993 is not subject to the requirements of this Section. Expansions to existing development must meet the requirements of this Section; however, the impervious surface area of. the existing development is not required to be included in the density calculations. A pre-existing lot owned by an individual or assignee prior to the effective date of June 21, 1993, regafdless of whether or not a vested right has been established, may be developed, for single family residential purposes without being subject to the restrictions of this Section. 12.4.4 Prohibited Uses (a) The following uses are prohibited in the Watershed Protection Overlay Districts: (1) Uses producing and/or storing toxic and/or hazardous materials not meeting the following performance standards: (i) Any container or tank used to store hazardous materials shall be equipped with leak detection devices and shall be double walled or have other secondary containment devices; (ii) Points of storage or use of hazardous materials shall be protected by a corrosion resistant lined dike, sized to handle without infiltration into the subsurface the maximum amount of hazardous material to be stored or used; (iii)- All floor drains that could collect hazardous materials shall be connected to a corrosion resistant tank or catch basin sized to handle the maximum amount of hazardous materials to be stored or used; these floor drains shall not be open to a natural drainage system; (iv) Prior to site plan approval, an Emergency Contingency Plan shall be prepared and submitted through the Village Planner to the Fire Chief, the Public Utilities Department, and Village Engineer for review and approval; the Emergency Contingency Plan shall be prepared in accordance with the requirements of SARA Title I11 and shall be updated annually. In addition, the Emergency Contingency Plan shall include a plan for the site showing 53 12.4.5 buildings and the locations of points of storage and use of hazardous materials. (2) Any use discharging sewage, industrial waste and/or non -process industrial waste not meeting the pre-treatment requirements of the Pinehurst Public Utilities Department or the provisions of the NC Administrative Code 213.0201(d)(1)(3)(iv), (v) and (vii) and 213.0203. Limitations on Impervious Area (a) Calculation of Impervious Surface Area: Calculation of impervious surface area shall include the pavement area of all existing and proposed internal public and private streets, driveways, rooftops, parking lots, patios, and all other impervious surfaces on a project -by -project basis, but shall not include pathways that are a part of the Village of Pinehurst official greenway system. For purposes of calculating the percentage of impervious area coverage, the total project area shall be regarded as the actual area of the property plus the area within the rights - of -way of the internal streets. RA3L.IG OR PRWATi_ 57RHEr MERHA.L TO OEVEL_OF:1-Otr r 3: ❑ DR Y I I a O 1 I I 4p 9 DEHALK T a I i I �ORAVI AGG�'E PATIA I POOL I STFaxTURM Y`IG P ►3I CK5 E FOOL F' ATM (NOT IWZ UL VM2 IN CAi_CA_ATI0N5) I GONCRM peclr_5 (INCLUCED IN Cv L U.AT[0145) TYPICAL RE51DENTIAL ,AND NON--RF51DENTIAL DEYI`LOPMENT IN IATERSFfED PRO7TE6iION OISTR,IGT° ViS-II (b) WS-l1 Watershed Protection District (Drowning Creek —Lumber River WS-1[ B W): (1) Residential development shall not exceed one dwelling unit per acre or 12 percent (l2%) built -upon area on &. project -by -project basis. Non- residential development shall not exceed twelve percent (12%) built - upon area on a project -by -project basis except as provided in (2) below; (2) Special non-residential intensity allocation up to ten percent ( 10%) of the balance of the watershed may be developed for non-residential uses to 70 54 1 t 2.4.6 percent (70%) built -upon area on a project -by -project basis, provided that the following conditions are met: (i) For the purpose of calculating built -upon area, total project area shall include -total acreage in the tract on which the project is to be developed; (ii) The Village Council must approve the Special Non -Residential Intensity Allocation; (iii) Projects must minimize built -upon surface area and incorporate Best Management Practices to minimize water quality impacts. (c) WS-111 Watershed Protection District (Nicks Creek —Cape Fear River; Little River—[ntake 92; and Little River —Vass WS-11I BW): (1) Residential development shall not exceed two (2) dwelling units per acre or twenty-four percent (24%) built -upon area on a project -by -project basis. Non-residential development shall not exceed twenty-four percent (24%) built upon area on a project -by -project basis except as provided in (2) below; (2) Special non-residential intensity allocation up to ten percent (10%) of the balance of the watershed may be developed for non-residential uses to 70 percent (70%) built -upon area on a project -by -project basis, provided that the following conditions are met: (i) For the purpose of calculating built -upon area, total project area shall include total acreage in the tract -on which the project is to be developed; (ii) The Village Council must approve the Special Non -Residential Intensity Allocation; (iii) Projects must minimize built -upon surface area and incorporate Best Management Practices to minimize water quality impacts. Modifications by Variance (a) Variances Generally: All requests for relief from the requirements of this Section shall be decided by the Zoning Board of Adjustment in accordance with the requirements of Chapter 6, except for those variances that can be granted only by the North Carolina Environmental Management Commission; 55 (b) Variances to be Granted by the North Carolina Environmental Mann eg ment Commission: The following provisions of this Section may be varied only by the North Carolina Environmental Management Commission: (1) The complete waiver of any requirement of this Section; (2) The increase by ten percent (10%) or more of any numerical requirement of this Section. (For example: raising an impervious surface limit for a development from 24 percent to 26.4 percent or more.) (c) recommendation by—Zoningby—Zoning Board of Adjustment to the Environmental Management Commission: If an application calls for the granting of a variance as listed in (b) above, the Zoning Board of Adjustment shall reach a recommendation on the variance in accord with the requirements of Chapter 6. If the Zoning Board of Adjustment decides in favor of granting the variance, the Zoning Board of Adjustment shall prepare a preliminary record of the hearing as soon as possible and forward it to the Environmental Management Commission. The preliminary record of the hearing shall include: (1) The variance application; (2) The hearing notices; (3) The evidence presented; (4) Motions, offers of proof, objections to evidence, and rulings on them; (5) Proposed findings and exceptions; (6) The proposed decision including all conditions proposed to be added to the permit. If the Zoning Board of Adjustment denies the variance, the variance is denied and may only be appealed to the Moore County Superior Court as provided for In Chapter 6 of this Ordinance. (d) Decision by the Environmental Management Commission: (l) Approval: if the Commission approves the variance as proposed or with additional conditions, the Commission shall prepare a decision and send it to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall prepare a final decision in accordance with the Commission's decision; W1 12.4.8 12.4.9 (2) Disapproval: If the Commission denies the variance as proposed, the Commission will prepare a decision and send it to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall prepare a Final decision in accordance -with the Commission's decision. Stream Buffers (a) In all developments under this Section, a stream buffer of minimum width of one hundred (100) feet is hereby established along all perennial waters indicated on the most recent versions of U.S. Geologic Survey 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies located within the Watershed Protection Districts. The width of each stream. buffer, measured perpendicular to the banks of the stream, shall be equal to 100 feet on each side of the stream; (b) No land -disturbing activities shall take place within any stream buffer, except for required streets and associated facilities, utility mains and easements, greenways and pedestrian paths. Where no practicable alternative exists, roads and golf courses may cross a buffer, provided that they do not cross at a horizontal angle of less than 60 degrees. Nothing in this Section shall be construed to prevent desirable artificial stream banks shoreline stabilization; (c) Stream buffers shall be shown on all site plans and subdivision plats approved within the Watershed Protection District. Street Construction (a) All streets shall be designed in accordance with the Village Standards Manual; (b) Notwithstanding any other requirements set forth elsewhere in this Ordinance, street construction projects located in the Watershed Protection District shall be constructed with curb and gutter according to Village Standards Manual; provided that such projects shall, to the maximum extent practicable, minimize built -upon surface area, direct storm water away from surface waters and incorporate Best Management Practices to minimize water quality impacts by: I } Installing outlets to convey all storm water to grass swales or vegetated areas meeting NCDENR design standards for Best Management Practices prior to the runoff discharging to waters; 2) Obtaining from the Village engineer approval for any site - specific proposal to minimize the impact of the proposed street on water quality in any site -specific area where option 1 cannot be practicably implemented. Any site -specific proposal to be 57 employed in a water supply watershed area as part of this standard shall be accompanied by adequate computations and documentation to demonstrate that the proposal will provide at least 85% TSS removal in accordance with the design standards of the NCDWQ "BMP Design Manual" 58 Town of h�t�er d 1887, r ' outhern ines C)3 f; North Carolina �fl The Mid South Resort Internationally Recognizcd for Excellence Stormwater Permitting Unit NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 125 S.E. Broad St. Southern Pines, North Carolina 28387 February 8, 201.1 Re: Pinehurst Phase 11 designation Dear Mr. Randall: This letter is written in support of Pinehurst's request to be excluded as a candidate for inclusion in the Phase II Stormwater Management Program. The Town of Southern Pines and the Village of Pinehurst not only share a common border but also a close working relationship to insure the common goal's of the both Towns and surrounding areas are being met. Pinehurst has consistently been a conscientious neighbor and we feel they have always acted in the best interest of the environment, community and public. We feel that the intent of the practices and procedures set in place by the Village are in place to help protect the environment and Pinehurst will continue to act in an environmentally responsible manner without the imposition of additional rules. Sincerely, Town of Southern Pines Mike Haney Mayor CC" Reagan Parsons, Town Manager Phone: 910-692-7021 Fax and TDD 910-692-9444