WSCO_RAND_WSWP Ordinance_20200814

CHAPTER IV. WATERSHED PROTECTION ORDINANCE
RANDOLPH COUNTY, NORTH CAROLINA
Article I: Authority and General Regulations
Section 1. Intent.
The intent of the Water Supply Watershed Ordinance is to protect surface water supplies
whose watersheds are located wholly or partially within the jurisdiction of Randolph
County.
Section 2. Authority and Enactment.
Pursuant to authority given to counties in NCGS153A Article 18, Planning and Regulation
of Development, and NCGS 143-214.5 Water Supply and Watershed Protection, the
Randolph County Board of Commissioners does hereby ordain and enact into law the
following Articles as the Watershed Protection Ordinance of Randolph County.
Section 3. Jurisdiction.
(A) The provisions of this Ordinance shall apply in those areas of Randolph
County outside of incorporated municipalities and their extraterritorial
jurisdiction designated as Public Water Supply Watersheds by the NC
Environmental Management Commission and shall be defined and
established on the map entitled, "Watershed Protection Map of Randolph
County, North Carolina" ("the Watershed Map"), which is adopted
simultaneously herewith. The Watershed Map and all explanatory matter
contained thereon accompanies and is hereby made a part of this
Ordinance. This Ordinance shall be permanently kept on file in the office of
the Randolph County Planning Department.
(B) The following Public Water Supply Watersheds designated by the NC
Environmental Management Commission and the Randolph County Board
of Commissioners are located within Randolph County:
Watershed
Classification
River Basic
Back Creek Lake
WS-II
Yadkin
Badin Lake
WS-IV
Yadkin
Bear Creek
WS-III
Cape Fear
Big Alamance Creek
WS-IV
Cape Fear
Polecat Creek
WS-III
Cape Fear
Rocky River
WS-III
Cape Fear
Sandy Creek
WS-III
Cape Fear
Uwharrie River/Lake
Reese
WS-III
Yadkin
UT to Cedar Creek
WS-II
Yadkin
Randleman Lake
Critical Watershed, WS-IV
Cape Fear
I1A

Section 4. Exceptions to Applicability.
(A) Nothing contained herein shall repeal, modify or amend any Federal or
State law or regulation, or any Ordinance or regulation pertaining thereto
except any Ordinance which these regulations specifically replace;
however, the adoption of this Ordinance shall and does amend any and all
Ordinance, resolutions and regulations in effect in the County at the time of
the adoption of this Ordinance that may be construed to impair or reduce
the effectiveness of this Ordinance or to conflict with any of its provisions.
(B) It is not intended that these regulations interfere with any easement,
covenants or other agreements between parties. However, if the provisions
of these regulations impose greater restrictions or higher standards for the
use of a building or land, then the provisions of these regulations shall
control.
(C) Existing development, as defined in this Ordinance, is not subject to the
requirements of this Ordinance. Expansions to structures classified as
existing development must meet the requirements of this Ordinance,
however, the built -upon area of the existing development is not required to
be included in the density calculations.
(D) A pre-existing lot owned by an individual prior to the effective date of this
Ordinance, regardless 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 Ordinance.
Section 5. Repeal of Existing Watershed Ordinance.
This Ordinance in part carries forward by re-enactment, portions of the Watershed
Ordinance of Randolph County, North Carolina and it is not the intention to repeal but
rather to re-enact and continue in force such existing provisions so that all rights and
liabilities that have accrued there under are preserved and may be enforced. All
provisions of the Watershed Ordinance which are not re-enacted herein are hereby
repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of
any Ordinance provisions heretofore in effect, which are now pending in any court of this
State or of the United States, shall not be abated or abandoned by reason of the adoption
of this Ordinance, but shall be prosecuted to their finality the same as if this Ordinance
had not been adopted; and any and all violations of the existing Watershed Protection
Ordinance, prosecutions for which have not yet been instituted, may be hereafter filed
and prosecuted; and nothing in this Ordinance shall be so construed as to abandon, abate
or dismiss any litigation or prosecution now pending and/or which may heretofore have
been instituted or prosecuted.
Section 6. Compliance and Code Enforcement.
(A) Site Inspections
1) Agents, officials, or other qualified persons authorized by the
Randolph County Planning Director may periodically inspect riparian
ILTA K

buffers to ensure compliance with this Ordinance.
2) Notice of the right to inspect shall be included in the letter of approval
of each variance and buffer authorization.
3) Authority to Enter Property and Conduct Investigations and
Inspections
Authorized agents, officials or other qualified persons shall have the
authority, upon presentation of proper credentials, to enter and
inspect at reasonable times any property, public or private, for the
purpose of investigating and inspecting the site of any riparian buffer.
No person shall willfully resist, delay, or obstruct an authorized
representative, employee, or agent of Randolph County, while that
person is inspecting or attempting to inspect a riparian buffer nor
shall any person obstruct, hamper or interfere with any such
representative while in the process of carrying out their official duties.
The County Planning Director shall have the power to conduct such
investigations as deemed reasonably necessary to carry out the
duties as prescribed in this Ordinance.
4) Notice of Violation
a. If it is determined that a person has failed to comply with the
requirements of this Ordinance, or rules, or orders adopted or
issued pursuant to this Ordinance, a notice of violation shall
be served upon that person. The notice may be served by any
means authorized under NCGS 1A-1, rule 4. In the event
service cannot be accomplished by registered or certified
mail, it may be accomplished in any manner provided in rule
(4)j of the North Carolina Rules of Civil Procedure.
d. The notice shall specify the violation and inform the person of
the actions that need to be taken to comply with this
Ordinance, or rules or orders adopted pursuant to this
Ordinance. The notice shall direct the person to correct the
violation within a specified reasonable time. The notice shall
inform the person that any person who violates or fails to act
in accordance with any of the provisions of this Ordinance or
rules or orders adopted or issued pursuant to this Ordinance
is subject to the civil and criminal penalties and other
enforcement actions as provided in this Ordinance.
5. Power to Require Statements
The Randolph County Planning Director shall also have the power to
require written statements, or the filing of reports under oath, with
respect to pertinent questions relating to land -disturbing activities.
ILTA c3

(B) Civil Penalties
1. Assessment of Penalties
Any person who violates or fails to act in accordance with any of the
provisions of this Ordinance or rules or orders adopted or issued
pursuant to this Ordinance shall be subject to a civil penalty. A civil
penalty for a violation may be assessed in an amount not less than
five hundred dollars ($500) per day. If any violation for which a
penalty may be assessed is continuous, a civil penalty may be
assessed for each day of the violation for as long as the violation
occurs. Each day of a continuing violation shall constitute a separate
violation under Section 6.(B)(1).
(C) Criminal Penalties
1. Any person who negligently violates any provision of this Ordinance
or rule or order adopted pursuant to this Ordinance, shall be guilty of
a Class 2 misdemeanor which may include a fine not less than five
hundred dollars ($500) per day of violation.
2. Any person who knowingly or willingly violates any provision of this
Ordinance or rule or order adopted pursuant to this Ordinance, shall
be guilty of a Class I felony which may include a fine not less than
five hundred dollars ($500) per day of violation.
3. Any person who knowingly violates any provision of this Ordinance
or rule or order adopted pursuant to this Ordinance, shall be guilty of
a Class C felony which may include a fine not less than five hundred
dollars ($500) per day of violation.
(D) Iniunctive Relief
1. Civil Action in Superior Court
Whenever the Randolph County Planning Director has reasonable
cause to believe that any person is violating or threatening to violate
this Ordinance or any rule or order adopted or issued pursuant to this
Ordinance, it may, either before or after the institution of any other
action or proceeding authorized by this Ordinance, institute a civil
action in the name of Randolph County for injunctive relief to restrain
the violation or threatened violation. The action shall be brought in
the Superior Court of Randolph County.
2. Order to Cease Violation
Upon determination by a court that an alleged violation is occurring
or is threatened, the court shall enter any order or judgment that is
necessary to abate the violation, to ensure that restoration is
performed, or to prevent the threatened violation. The institution of
an action for injunctive relief under this section shall not relieve any
I1 AM

party to the proceedings from any civil or criminal penalty prescribed
for violations of this Ordinance.
(E) Compliance with Requirements
Any person engaged in new activities as defined by this Ordinance who fails
to meet the requirements of this Ordinance shall be deemed in violation of
this Ordinance.
Section 8. Severability.
Should any section or provision of this Ordinance be declared invalid or unconstitutional
by any court of competent jurisdiction, the declaration shall not affect the validity of this
Ordinance as a whole or any part thereof that is not specifically declared to be invalid or
unconstitutional.
Section 9. Effective Date.
This Ordinance, adopted December 6, 1993, shall take effect and be in force on January
1, 1994.
Revisions to this Ordinance, adopted December 6, 1999, shall become effective January
1, 2000. Revision adopted December 6, 2010, shall be effective upon date of adoption.
Article II. Subdivision Regulations
Section 1. General Provisions.
(A) No subdivision plat of land within the Public Water Supply Watershed shall
be filed or recorded by the Register of Deeds until it has been approved in
accordance with the provisions of this Article. Likewise, the Clerk of
Superior Court shall not order or direct the recording of a plat if the recording
of such plat would be in conflict with this Article.
(B) All applications to subdivide land in a designated water supply watershed
shall comply with the application, review and mapping requirements of the
Randolph County Subdivision Ordinance, including specifications in
Appendixes A, B and C for mapping.
(C) If the Planning Board approves the application, such approval shall be
indicated on both copies of the plat by the following certificate and signed
by the Randolph County Planning Director:
Certificate of Approval for Recording, Minor Subdivision
I certify that the plat shown hereon complies with the Subdivision Regulations for
Randolph County, North Carolina and any supplemental regulations that may apply and
that such plat has been approved according to the procedures for approval of minor
I1 A61

subdivisions.
Randolph County Planning Director Date
NOTICE: This property is located within a Public Water Supply Watershed
development restrictions may apply.
Certificate of Approval for Recording, Major Subdivision
This subdivision plat has been found to comply with the provisions of the Subdivision
Ordinance of Randolph County, provided that it is recorded in the Office of the Register
of Deeds within 60 days of final approval by the Planning Board.
Randolph County Planning Director Date of Approval by Planning Board
NOTICE: This property is located within a Public Water Supply Watershed
development restrictions may apply.
Section 2. Subdivision Standards and Required Improvements.
(A) Subdivisions in any designated drinking supply watershed shall comply with
Article VI, General Requirements and Minimum Standards of Design of the
Randolph County Subdivision Ordinance as well as the requirements
specified below.
(B) All lots shall provide adequate building space in accordance with the
development standards contained in Article III. Lots which are smaller than
the minimum required for residential lots may be developed using built -upon
area criteria in accordance with Article III.
(C) 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.
(D) Stormwater Drainage Facilities. The application shall be accompanied by a
description of the proposed method of providing stormwater drainage. The
sub -divider shall provide a drainage system that diverts stormwater runoff
away from surface waters and incorporates best management practices to
minimize water quality impacts.
(E) Erosion and Sedimentation Control. The application shall, where required,
be accompanied by a written statement that a Sedimentation and Erosion
Control Plan has been submitted to and approved by the regional office of
the NC Division of Land Quality.
I1 Z-1

(F) Roads Constructed in Critical Areas and Watershed Buffer Areas. Where
possible, roads should be located outside of critical areas and watershed
buffer areas. Roads constructed within these areas shall be designed and
constructed so to minimize their impact on water quality.
Article III: Development Regulations
Section 1. Establishment of Watershed Overlay Districts.
To provide an additional layer of protection for drinking water supply watersheds, the
following watershed overlay districts are established. Within each watershed shall be two
tiers of control. The area nearest the water supply --critical area --shall have the higher
level of regulation because proximity to the intake creates higher risk of contamination.
The remaining part of the watershed --balance of the watershed --shall have less
restrictions because the greater distance from the point of intake lowers risk of
contamination.
The following overlay districts shall apply to the watersheds in Randolph County:
Back Creek Lake WS-II-CA (Critical Area)
Back Creek Lake WS-II-BW (Balance of Watershed)
Badin Lake WS-IV- PA (Protected Area)
➢ Bear Creek WS-III-BW (Balance of Watershed)
Big Alamance Creek WS-IV-PA (Protected Area)
➢ Polecat Creek WS-I II -CA (Critical Area)
Polecat Creek WS-III-BW (Balance of Watershed)
➢ Randleman Lake WS-IV-CA (Critical Area)
Randleman Lake WS-IV-PA (Protected Area)
➢ Rocky River WS-III-BW (Balance of Watershed)
Sandy Creek WS-I II -CA (Critical Area)
➢ Sandy Creek WS-III-BW (Balance of Watershed)
Uwharrie River (Lake Reece) WS-III-CA (Critical Area)
➢ Uwharrie River (Lake Reece) WS-III-BW (Balance of Watershed)
UT to Cedar Creek WS-II-CA (Critical Area)
➢ UT to Cedar Creek WS-II-BW (Balance of Watershed)
Section 2. Back Creek Lake Watershed -- Critical Area
UT to Cedar Creek -- Critical Area
(WS-II-CA)
(A) Intent. In order to maintain a predominately undeveloped land use intensity
pattern, single family residential uses shall be allowed at a maximum of one
(1) dwelling unit per two (2) acres. All other residential and non-residential
development shall be allowed at a maximum six percent (6%) built -upon
area.
(1) Permitted Uses:
(a) All uses allowed in the underlying zoning districts
I1 AFA

where the watershed is located are subject to the
modifications noted below unless specifically excluded
in (2) Prohibited Uses.
(b) Agriculture subject to the provisions of the Food
Security Act of 1985 and the Food, Agriculture,
Conservation and Trade Act of 1990. Agricultural
activities conducted after January 1, 1993 shall
maintain a minimum ten (10) foot vegetative buffer or
equivalent control as determined by the Soil and Water
Conservation Commission along all perennial waters
indicated on the most recent versions of U.S.NCGS
1-24,000 (7.5 minute) scale topographic maps or as
determined by local government studies. Animal
operations greater than 100 animal units shall employ
Best Management Practices by July 1, 1994
recommended by the Soil and Water Conservation
Commission.
(c) Silviculture, subject to the provisions of the Forest
Practices Guidelines Related to Water Quality (15
NCAC 11.6101-.0209).
(2) Prohibited Uses:
(a) storage of toxic and hazardous materials unless a spill
containment plan is implemented,
(b) new underground fuel or chemical storage tanks,
(c) landfills or incinerators,
(d) sites for land application of sludge/residuals or
petroleum contaminated soils,
(e) commercial uses which sell, store or distribute motor
fuels or other hazardous materials,
(f) airports,
(g) industrial uses,
(h) metal salvage facilities including junkyards,
(i) manufacture, use or storage of any hazardous or toxic
materials waste as listed on the EPA hazardous
ILTI0]

material list or determined by the Randolph County
Board of Commissioners, and
(j) community package treatment plants or private
sewage disposal systems except for subsurface septic
tanks, community package treatment facilities may
only be allowed if the Health Department determines
that an existing public health problem can be alleviated
by constructing sewage facilities.
(3) Density and Built -upon Limits:
(a) Single Family Residential --development shall not
exceed one (1) dwelling unit per two (2) acres on a
project by project basis. No residential lot shall be less
than two (2) acres, except within an approved cluster
development.
(b) All Other Residential and Non -Residential --
development shall not exceed six percent (6%) built -
upon area on a project by project basis 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.
Section 3. Back Creek Lake Watershed -- Balance of Watershed.
UT to Cedar Creek -- Balance of Watershed
WS-II-BW
(A) Intent. In order to maintain a predominantly undeveloped land use intensity
pattern, single family residential uses shall be allowed at a maximum of one
(1) dwelling unit per acre. All other residential and non-residential
development shall be allowed a maximum of twelve percent built -upon area.
In addition, non-residential uses may occupy ten percent (10%) of the
balance of the watershed which is outside the critical area, with a seventy
percent (70%) built -upon area when approved as a special non-residential
intensity allocation (SNIA). The Planning Director is authorized to approve
SNIA's consistent with the provisions of this Ordinance. Projects must
minimize built -upon surface area, direct stormwater away from surface
waters and incorporate Best Management Practices to minimize water
quality impacts. Non -discharging landfills and sludge application sites are
allowed.
(1) Permitted Uses:
(a) All uses permitted in the underlying zoning districts where the
watershed is located, subject to the modifications below,

except those specifically prohibited in (2) Prohibited Uses.
(b) Agriculture, subject to the provisions of the Food Security Act
of 1985 and the Food, Agricultural, Conservation and Trade
Act of 1990.
(c) Silviculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality (15 NCAC 11.6101-
.0209).
(2) Prohibited Uses:
(a) discharging landfills and
(b) storage of toxic and hazardous materials unless a spill
containment plan, approved by the County Planning
Department, is implemented.
(3) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one
(1) dwelling unit per acre on a project by project basis. No
residential lot shall be less than one acre, except within an
approved cluster development.
(b) All Other Residential and Non -Residential --development shall
not exceed twelve percent (12%) built -upon area on a project
by project basis except that up to ten percent (10%) of the
balance of the watershed may be developed for non-
residential uses to seventy percent (70%) built -upon area on
a project by project basis. For the purpose calculating built -
upon area, total project area shall include total acreage in the
tract on which the project is to be developed.
Section 4. Polecat Creek Watershed -- Critical Area.
Randleman Lake Critical Watershed — Critical Area
Sandy Creek Watershed -- Critical Area
Uwharrie River (Lake Reece) -- Critical Area
(A) Intent. In order to maintain a low land use intensity pattern, single family
residential uses are allowed at a maximum of one (1) dwelling unit per two
(2) acres. All other residential and nonresidential development shall be
allowed to a maximum of six percent (6%) built -upon area.
(1) Permitted Uses:
KAto]

(a) Uses permitted in the underlying zoning districts where the
watershed is located, subject to the modifications noted below
in (2) Prohibited Uses.
(b) Agriculture, subject to the provisions of the Food Security Act
of 1985 and the Food, Agriculture, Conservation and Trade
Ave of 1990. Agricultural activities conducted after January 1,
1993, shall maintain a minimum ten (10) foot vegetative buffer,
or equivalent control as determined by the Soil and Water
Conservation Commissions, along all perennial waters
indicated on the most recent versions of U.S.G.S 1:24,000
(7.5 minute) scale topographic maps or as determined by local
government studies. Animal operations greater than 100
animal units shall employ Best Management Practices by July
1, 1994, recommended by the Soil and Water Conservation
Commission.
(c) Silviculture, subject to the provisions of the Forest Practice
Guidelines Related to Water Quality (15 NCAC 11.6101-
.0209.)
(2) Prohibited Uses:
(a) storage of toxic and hazardous materials unless a spill
containment plan approved by the Planning Director is
implemented,
(b) new underground fuel or chemical storage tanks,
(c) landfills or incinerators,
(d) sites for land application of sludge residuals or
petroleum contaminated soils,
(e) commercial uses which sell, store or distribute motor
fuels or other hazardous materials,
(f) airports,
(g) industrial uses,
(h) metal salvage facilities including junkyards,
(i) manufacture, use or storage of any hazardous or toxic
materials waste as listed on the EPA hazardous
material list or determined by the Randolph County
1 A§I

Board of Commissioners, and
(j) community package treatment plants or private
sewage disposal systems except for subsurface septic
tanks, community package treatment facilities may
only be allowed if the Health Department determines
that an existing public health problem can be alleviated
by constructing sewage facilities.
(3) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed one
dwelling unit per two (2) acres on a project by project basis.
No residential lot shall be less than two (2) acres, except
within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall
not exceed six percent (6%) built -upon area on a project by
project basis. For the purpose of calculating built -upon area,
the total project area shall include total acreage in the tract on
which the project is to be developed.
Section 5. Bear Creek Watershed -- Balance of Watershed
Polecat Creek Watershed -- Balance of Watershed
Rocky River Watershed -- Balance of Watershed
Sandy Creek Watershed -- Balance of Watershed
Uwharrie River (Lake Reece) Watershed -- Balance of Watershed
(A) Intent. In order to maintain a low to moderate land use intensity pattern,
single family detached uses shall develop at a maximum of two (2) dwelling
units per acre. However, in the absence of public sewer, all waste treatment
must be permitted by the County Health Department, in which case the
minimum lot size is 40,000 sq. ft. per dwelling unit. All other residential and
non-residential development shall be allowed a maximum of twenty-four
percent (24%) built -upon area. In addition, in the Bear Creek watershed,
non-residential uses may occupy ten percent (10%) of the watershed with
a seventy percent (70%) built -upon area when approved as a special non-
residential intensity allocation (SNIA). In the Polecat Creek, Rocky River,
Sandy Creek, Uwharrie River (County designated) watersheds, non-
residential uses may occupy ten percent (10%) of the watershed with a
seventy percent (70%) built -upon area when approved as a special
nonresidential intensity allocation. The Planning Director is authorized to
approve SNIAs consistent with the provisions of this Ordinance. Projects
must minimize built -upon surface area, direct stormwater away from surface
waters and incorporate Best Management Practices to minimize water
quality impacts. Non -discharging landfills and sludge application sites are
allowed.
KAV'

(1) Permitted Uses:
(a) All uses permitted in the underlying zoning districts where the
watershed is located, subject to the modifications below,
unless specifically prohibited in (2) Prohibited Uses.
(b) Agriculture, subject to the provisions of the Food Security Act
of 1985 and the Food, Agricultural, Conservation and Trade
Act of 1990.
(c) Silviculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality (15 NCAC 11.6101-
0209).
(2) Prohibited Uses:
(a) discharging landfills and
(b) storage of toxic and hazardous materials unless a spill
containment plan approved by the Planning Department is
implemented.
(3) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed two
(2) dwelling units per acre as defined on a project by project
basis. No residential lot shall be less than one-half (%) acre,
except within an approved cluster development. In the
absence of public sewer, however, all waste treatment must
be permitted by the County Health Department, in which case
the minimum lot size is 40,000 sq. ft.
(b) All Other Residential and Non -Residential --development shall
not exceed twenty-four percent (24%) built -upon area on a
project by project basis except that up to ten percent (10%) of
the balance of the Bear Creek Watershed and ten percent
(10%) of the Polecat Creek, Rocky River, Sandy Creek,
Uwharrie River (County designated) watersheds may be
developed for non-residential uses to seventy percent (70%)
built -upon area on a project by project basis. 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.
Section 5b. Randleman Lake Critical Watershed -- WS-IV-PA - Protected Area
(A) Intent - In order to maintain a low to moderate land use intensity pattern,
LTAKI

single family detached uses shall develop at a maximum of one (1) dwelling
unit per acre. All other residential and non-residential development shall be
allowed a maximum of twelve percent (12%) built -upon area. Non-
residential uses may occupy ten percent (10%) of the balance of the
watershed with a seventy percent (70%) built -upon area when approved as
a special non-residential intensity allocation (SNIA). The Planning Director
is authorized to approve SNIAs consistent with the provisions of this
Ordinance. Projects must minimize built -upon surface area, direct
stormwater away from surface waters and incorporate Best Management
Practices to minimize water quality impacts. Non -discharging landfills and
sludge application sites are allowed.
(1) Permitted Uses:
(a) All uses permitted in the underlying zoning districts where the
watershed is located, subject to the modifications below,
unless specifically prohibited in (2) Prohibited Uses.
(b) Agriculture, subject to the provisions of the Food Security Act
of 1985 and the Food, Agricultural, Conservation and Trade
Act of 1990.
(c) Silviculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality (15 NCAC 11.6101-
.0209).
(2) Prohibited Uses:
(a) discharging landfills
(b) storage of toxic and hazardous materials unless a spill
containment plan approved by the Planning Department is
implemented.
(3) Density and Built -upon Limits:
(a) Single Family Residential - development shall not exceed one
(1) dwelling unit per acre, as defined on a project by project
basis. No residential lot shall be less than one (1) acre except
within an approved cluster development.
(b) All Other Residential and Non -Residential - development shall
not exceed twelve percent (12%) built -upon area on a project
by project basis except that up to ten percent (10%) of the
balance of the watershed may be developed for non-
residential uses to seventy percent (70%) built -upon area on
a project by project basis. For the purpose of calculating built-
1 AEI

upon area, total project area shall include total acreage in the
tract on which the project is to be developed.
Section 6. Badin Lake Watershed -- Protected Area
Big Alamance Creek Watershed -- Protected Area
WS-IV-PA
(A) Intent. Only new development activities that require an
erosion/sedimentation
control plan under State law or approved local government program are
required to meet the provisions of this Ordinance when located in a WS-IV
watershed. In order to address a moderate to high land use intensity
pattern, single family residential uses shall develop at a maximum of two (2)
dwelling units per acre. All other residential and non-residential
development shall be allowed at a maximum of twenty-four percent (24%)
built -upon area. A maximum of three (3) dwelling units per acre or thirty-six
(36%) percent built upon area is allowed for projects without a curb and
gutter street system.
(1) Permitted Uses:
(a) All uses allowed in the underlying zoning districts where the
watershed is located, subject to the modifications below,
unless prohibited in (2) Prohibited Uses.
(b) Agriculture, subject to the provisions of the Food Security Act
of 1985 and the Food, Agricultural, Conservation and Trade
Act of 1990.
(c) Silviculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality (15 NCAC 11.6101-
.0209).
(2) Prohibited Uses:
(a) Storage of toxic and hazardous materials unless a spill
containment plan approved by the Planning Department is
implemented.
(3) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed two (2)
dwelling units per acre, as defined on a project by project basis. No
residential lot shall be less than one-half (%) acre or one-third (1/3)
acre for projects without a curb and gutter system, except within an
approved cluster development. In areas without public sewer, all
waste treatment must be approved by the County Health
Department, in which case, the minimum lot size is 40,000 sq. ft.
KAM

(b) All Other Residential and Non -Residential --development shall not
exceed twenty-four percent (24%) built -upon area on a project by
project basis. For projects without a curb and gutter street system,
development shall not exceed thirty-six percent (36%) built -upon
area on a project by project basis. For the purpose of calculating
built -upon area, total project area shall include acreage in the tract
on which the project is to be developed.
Section 7. Cluster Development -- Back Creek Lake, Badin Lake, Bear Creek, Big
Alamance Creek, Polecat Creek, Rocky River, Sandy Creek, Uwharrie
River (Lake Reece), and UT to Cedar Creek Watersheds
Clustering of development is allowed in all watershed areas (there are no WS I's in the
County) under the following conditions:
(A) Minimum lot sizes are not applicable to single family cluster development
projects; however, the total number of lots shall not exceed the number of
lots allowed for single family detached developments as provided for in the
density and built -upon limits for each watershed. Density or built -upon area
for the project shall not exceed that allowed for the critical area, protected
area or balance of watershed, whichever applies.
(B) All built -upon area shall be designed and located to minimize stormwater
runoff impact to the receiving waters and minimize concentrated stormwater
flow.
(C) The remainder of the tract shall remain in a vegetated or natural state. The
title to the open space area shall be conveyed to an incorporated
homeowners association for management; to a local government for
preservation as a park or open space; or to a conservation organization for
preservation in a permanent easement. Where a property association is not
incorporated, a maintenance agreement shall be filed with the property
deeds.
Section 7b. Cluster Development -- Randleman Lake Critical Watershed
(A) Overall density of the project meets associated density or stormwater
control requirements of Sections 4 and 5b.
(B) Buffers meet the minimum statewide water supply watershed protection
requirements and those specified for the Randleman Lake watershed
riparian areas in Section 8b.
(C) Built -upon areas are designed and located to minimize stormwater runoff
impact to the receiving waters, minimize concentrated stormwater flow,
maximize the use of sheet flow through vegetated areas, and maximize the
flow length through vegetated areas.
KA11.1

(D) Areas of concentrated development are located in upland areas and away
to the maximum extent practicable, from surface waters and drainage -ways.
(E) Remainder of tract to remain in vegetated or natural state. The area in the
vegetated or natural state may be conveyed to a property owners
association; a local government for preservation as a park or greenway; a
conservation organization, or placed in a permanent conservation or
farmland preservation easement.
(F) Cluster development that meets the applicable low density option
requirements shall transport stormwater runoff from the development by
vegetated conveyances to the maximum extent practicable.
(G) Areas of concentrated development are located in upland areas and away,
to the maximum extent practicable, from surface waters and drainage -ways.
Section 8. Buffer Areas Required -- Back Creek Lake, Badin Lake, Bear Creek,
Big Alamance Creek, Polecat Creek, Rocky River, Sandy Creek,
Uwharrie River (Lake Reece), and UT to Cedar Creek Watersheds
(A) A minimum fifty (50) foot undisturbed buffer for development activities is
required on all sides of surface waters, such as intermittent streams,
perennial streams, lakes and ponds, as indicated on the most recent
versions of U.S.NCGS 1-24,000 (7.5 minute) scale topographic maps or the
Soil Survey maps developed by USDA -Natural Resource Conservation
Service, or other site -specific evidence that indicates the presence of waters
not shown on either of these two maps or evidence that no actual stream or
waterbody exists. All riparian protection areas shall be recorded on new or
modified plans.
(B) The protected riparian area begins at the top of bankfor intermittent streams
and perennial streams and extends landward a distance of fifty (50) feet on
all sides of the waterbody, measured horizontally on a line perpendicular to
the waterbody. For all other waterbodies, the protected area begins at the
top of the bank or mean high water line and extends landward a distance of
50 feet, measured horizontally on a line perpendicular to the waterbody.
(C) Maintenance of the riparian areas shall be such that, to the maximum extent
possible, sheet flow of surface water is achieved.
(D) No new development is allowed in the buffer except for water dependent
structures and public projects such as road crossings and greenways where
no practical alternative exists. These activities should minimize built -upon
surface area, direct runoff away from the surface waters and maximize the
utilization of stormwater Best Management Practices.

(E) Around water supply reservoirs, there shall be maintained a one hundred
(100) foot vegetative buffer, measured from the normal pool line outward.
(F) Septic tank fields shall extend no closer than two hundred (200) feet from
reservoirs, measured in the same manner. Lots abutting the reservoir shall
measure two hundred (200) feet in width at the building line.
Section 8b. Riparian Area Protection within the Randleman Lake Watershed
(A) Intent - the purpose in adopting the following regulations are to protect and
preserve existing riparian buffers throughout the Randleman Lake Watershed as
generally described in Rule 15A NCAC 02B .0250 (Randleman Lake Water Supply
Watershed: Nutrient Management Strategy), in order to maintain their nutrient
removal and stream protection functions. Additionally this Ordinance will help
protect the water supply uses of Randleman Lake Reservoir and of designated
water supplies throughout the Randleman Lake watershed.
Buffers adjacent to streams provide multiple environmental protection and
resource management benefits. Forested buffers enhance and protect the natural
ecology of stream systems, as well as water quality through bank stabilization,
shading, and nutrient removal. They also help to minimize flood damage in flood
prone areas. Well -vegetated streamside riparian areas help to remove nitrogen
and prevent sediment and sediment -bound pollutants such as phosphorous from
reaching the streams.
(1) Buffers Protected.
The following minimum criteria shall be used for identifying regulated
buffers:
(a) This Ordinance shall apply to activities conducted within 50-foot wide
riparian buffers directly adjacent to surface waters in the Randleman
Lake watershed (intermittent streams, perennial streams, lakes,
reservoirs, ponds and specified ditches), excluding wetlands.
(b) Wetlands adjacent to surface waters or within 50 feet of surface
waters shall be considered as part of the riparian buffer but are
regulated pursuant to Rules 15A NCAC 2B .0230 and .0231, Rules
15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and
404 of the Federal Water Pollution Control Act.
(c) For the purpose of this Ordinance, surface waters shall be subject to
the requirements of this Ordinance if they are approximately shown
on any of the following references, or if there is other site specific
evidence that indicates to the Randolph County Planning
Department the presence of waters not shown on any of these maps:
1 AF:3

(1) The most recent version of the hardcopy soil survey maps
prepared by the Natural Resources Conservation Service of
the United States Department of Agriculture.
(2) The most recent version of the United States Geologic Survey
(USGS) 1-24,000 scale (7.5 minute) quadrangle topographic
maps.
(3) A map approved by the Geographic Information Coordinating
Council and by the NC Environmental Management
Commission. Prior to approving a map under this Item, the
Commission shall provide a 30-day public notice and
opportunity for comment.
(4) A map developed by the local government and approved by
the NC Environmental Management Commission per 15A
NCAC 02B .0250(4)(c).
(d) Item is in question, upon request of the NC Division of Water Quality
or another party, the Randolph County Planning Department shall
make an on -site determination. A Randolph County Planning
Department representative who has successfully completed the
Division's Surface Water Identification Training Certification course,
its successor, or other equivalent training curriculum approved by the
Division, shall establish that point using the latest version of the
Division publication or from the NC Division of Water Quality - 401
Oversight Express Permitting Unit, or its successor. The Randolph
County Planning Department may accept the results of a site
assessment made by another party who meets these criteria. Any
disputes over on -site determinations made according to this Item
shall be referred to the Director of the Division of Water Quality c/o
the 401 Oversight Express Permitting Unit, or its successor, in
writing. The Director's determination is subject to review as provided
in Articles 3 and 4 of NCGS 150B.
(e) Riparian buffers protected by this Ordinance shall be measured
pursuant to Section Sb.(A)(4) of this Ordinance.
(f) Parties subject to this Ordinance shall abide by all State rules and
laws regarding waters of the State including but not limited to Rules
15A NCAC 2B .0230 and .0231, Rules 15A NCAC 2H .0500, 15A
NCAC 2H .1300, and Sections 401 and 404 of the Federal Water
Pollution Control Act.
(2) Exemption Based on On —site Determination.
When a landowner or other affected party including the Division believes
KQi1106]

that the maps have inaccurately depicted surface waters, he or she shall
consult the Randolph County Planning Department. Upon request, a
Randolph County Planning Department representative who has
successfully completed the Division of Water Quality's Surface Water
Identification Training Certification course, its successor, or other equivalent
training curriculum approved by the Division, shall make an on -site
determination. The County Planning Director may also accept the results of
site assessments made by other parties who have successfully completed
such training. Any disputes over on -site determinations shall be referred to
the Director of the Division of Water Quality c/o the 401 Oversight Express
Permitting Unit, or its successor, in writing. A determination by the Director
as to the accuracy or application of the maps is subject to review as
provided in Articles 3 and 4 of NCGS 150B. Surface waters that appear on
the maps shall not be subject to these buffer requirements if a site
evaluation reveals any of the following cases:
(a) Ditches and manmade conveyances, to include manmade
stormwater conveyances, other than modified natural streams,
unless the ditch or manmade conveyance delivers untreated
stormwater runoff from an adjacent source directly to an intermittent
or perennial stream.
(b) Areas mapped as intermittent streams, perennial streams, lakes,
ponds, or estuaries on the most recent versions of the United States
Geological Survey 1:24,000 scale (7.5 minute quadrangle)
topographic maps, hard -copy soil survey maps, or other EMC
approved stream maps where no perennial waterbody, intermittent
waterbody, lake, pond or estuary actually exists on the ground.
(c) Ephemeral streams.
(d) Ponds and lakes created for animal watering, irrigation, or other
agricultural uses that are not part of a natural drainage way that is
classified in accordance with 15A NCAC 02B .0100. Ponds are part
of the natural drainage way when they are hydrologically connected
(i.e. the pond is fed by an intermittent or perennial stream) or when
they have a direct discharge point to an intermittent or perennial
stream.
(3) Exemption when Existing Uses are Present and Ongoing.
This Ordinance shall not apply to uses that are existing and ongoing;
however, this Ordinance shall apply at the time an existing, ongoing use is
changed to another use. Change of use shall involve the initiation of any
activity that does not meet either of the following criteria for existing,
ongoing activity:
LTAKII

(a) It was present within the riparian buffer as of the December 6, 1999.
Existing uses shall include agriculture, buildings, industrial facilities,
commercial areas, transportation facilities, maintained lawns, utility
lines and on -site sanitary sewage systems, any of which involve
either specific, periodic management of vegetation or displacement
of vegetation by structures or regular activity. Only the portion of the
riparian buffer occupied by the footprint of the existing use is exempt
from this Ordinance. Change of ownership through purchase or
inheritance is not a change of use. Activities necessary to maintain
uses are allowed provided that the site remains similarly vegetated,
no impervious surface is added within 50 feet of the surface water
where it did not previously exist as of the December 6, 2010, and
existing diffuse flow is maintained. Grading and revegetating Zone
Two is allowed provided that the health of the vegetation in Zone One
is not compromised, the ground is stabilized and existing diffuse flow
is maintained.
(b) Projects or proposed development that are determined by the
County Planning Director to meet at least one of the following criteria:
(1) Project requires a 401 Certification/404 Permit and these
were issued prior to the December 6, 2010, and prior to the
December 6, 2010.
(2) Projects that require a State permit, such as landfills, NPDES
wastewater discharges, land application of residuals and road
construction activities, have begun construction or are under
contract to begin construction and had received all required
State permits and certifications prior to the December 6, 2010;
(3) Projects that are being reviewed through the Clean Water Act
Section 404/National Environmental Policy Act Merger 01
Process (published by the US Army Corps of Engineers and
Federal Highway Administration, 2003) or its immediate
successor and that have reached agreement with DENR on
avoidance and minimization by the December 6, 2010; or
(4) Projects that are not required to be reviewed by the Clean
Water Act Section 404/National Environmental Policy Act
Merger 01 Process (published by the US Army Corps of
Engineers and Federal Highway Administration, 2003) or its
immediate successor if a Finding of No Significant Impact has
been issued for the project and the project has the written
approval of the County Planning Director prior to the
December 6, 2010.
LTA AI

(4) Zones of the Riparian Buffer.
The protected riparian buffer shall have two zones as follows:
(a) Zone One shall consist of a vegetated area that is undisturbed except
for uses provided for in the Table of Uses, Section 8b.(B)(2) of this
Ordinance. The location of Zone One shall be as follows-
(1) For intermittent and perennial streams, Zone One shall begin
at the top of the bank and extend landward a distance of 30
feet on all sides of the surface water, measured horizontally
on a line perpendicular to a vertical line marking the top of the
bank.
(2) For ponds, lakes and reservoirs located within a natural
drainage way, Zone One shall begin at the normal water level
and extend landward a distance of 30 feet, measured
horizontally on a line perpendicular to a vertical line marking
the normal water level.
(b) Zone Two shall consist of a stable, vegetated area that is undisturbed
except for uses provided for in the Table of Uses, Section 8b.(B)(2)
of this Ordinance. Grading and re -vegetating in Zone Two is allowed
provided that the health of the vegetation in Zone One is not
compromised. Zone Two shall begin at the outer edge of Zone One
and extend landward 20 feet as measured horizontally on a line
perpendicular to the surface water. The combined width of Zones
One and Two shall be 50 feet on all sides of the surface water.
(5) Diffuse Flow Requirements.
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing
concentrated flow prior to its entry into the buffer and reestablishing
vegetation as follows:
(a) Concentrated runoff from new ditches or man-made conveyances
shall be converted to diffuse flow at non -erosive velocities before the
runoff enters Zone Two of the riparian buffer;
(b) Periodic corrective action to restore diffuse flow shall be taken as
necessary and shall be designed to impede the formation of erosion
gullies; and
(c) As set out in Sections 8b.(A)(4) and 8b.(B)(2) of this Ordinance, The
Zones of the Riparian Buffer and Table of Uses respectively, no new
stormwater conveyances are allowed through the buffers except for
those specified in the Table of Uses, Section 8b.(B)(2) of this
Ordinance, addressing stormwater management ponds, drainage
ditches, roadside ditches, and stormwater conveyances.
1 AN

(B) Potential Uses and Associated Requirements.
(1) Approval for New Development.
The Randolph County Planning Director shall issue an approval for new
development only if the development application proposes to avoid impacts
to riparian buffers defined in Section 8b.(A)(1) of this Ordinance, or where
the application proposes to impact such buffers, it demonstrates that the
applicant has done the following, as applicable:
(a) Determined the activity is exempt from requirements of this
Ordinance;
(b) Received an Authorization Certificate from the Randolph County
Planning Director pursuant to Section 8b.(C) (1) of this Ordinance;
(c) For uses designated as Allowable with Mitigation in the Table of Uses
in Section 8b.(B)(2), received approval of mitigation plan pursuant to
Section 8b.(C)(3) of this Ordinance; and
(d) Received a variance pursuant to Section 8b.(C)(2).
(2) Table of Uses.
The following chart sets out potential new uses within the buffer and categorizes
them as exempt, allowable, or allowable with mitigation. All uses not categorized
as exempt, allowable, or allowable with mitigation are considered prohibited and
may not proceed within the riparian buffer or outside the buffer if the use would
impact the buffer, unless a variance is granted pursuant to Section 8b.(C)(3) of this
Ordinance, Variances. The requirements for each category are given in Section
8b.(B)(3) of this Section following the Table of Uses.
1Td491

* To qualify for the designation indicated in the column header, an activity must adhere to the limitations
defined for it in a given listing as well as the requirements established in Section 8b. (B)(3) of this
Ordinance.
Use
Exempt*
Allowable*
Allowable with
M itigation
Access trails: Pedestrian access trails leading to the
surface water, docks, fishing piers, boat ramps and other
water dependent activities:
➢ Pedestrian access trails that are restricted to the
minimum width practicable and do not exceed 4
feet in width of buffer disturbance, and provided
that installation and use does not result in
X
removal of trees as defined in this Ordinance and
no impervious surface is added to the riparian
buffer
Pedestrian access trails that exceed 4 feet in
width of buffer disturbance, the installation or
use results in removal of trees as defined in this
X
Ordinance or impervious surface is added to the
riparian buffer
Airport facilities:
Airport facilities that impact equal to or less than
150 linear feet or one-third of an acre of riparian
X
buffer
➢ Airport facilities that impact greater than 150
linear feet or one-third of an acre of riparian
X
buffer
➢ Activities necessary to comply with FAA
X
requirements (e.g. radar uses or landing strips)'
Archaeological activities
➢ In Zones 1 and 2 and area designated,
constructed and maintained to provide the
maximum sediment removal and erosion
X
protection, to have the least adverse effects on
aquatic life and habitat, and to protect water
quality to the maximum extent practical
Bridges
X
Canoe access provided that installation and use does
not result in removal of trees as defined in this
X
Ordinance and no impervious surface is added to the
buffer
Dam maintenance activities:
Dam maintenance activities that do not cause
additional buffer disturbance beyond the footprint
X
of the existing dam or those covered under the
U.S. Army Corps of Engineers Nationwide Permit
➢ Dam maintenance activities that do cause
additional buffer disturbance beyond the footprint
of the existing dam or those not covered under
X
the U.S. Army Corps of Engineers Nationwide
Permit
Drainage ditches, roadside ditches and stormwater
conveyances through riparian buffers:

Use
Exempt*
Allowable*
Allowable with
M itigation
New stormwater flows to existing drainage
ditches, roadside ditches, and stormwater
conveyances provided flows do not alter or result
in the need to alter the conveyance and are
managed to minimize the sediment, nutrients
and other pollution that convey to waterbodies.
➢ Realignment of existing roadside drainage
ditches retaining the design dimensions,
provided that no additional travel lanes are
X
added and the minimum required roadway
typical section is used based on traffic and safety
considerations.
New or altered drainage ditches, roadside
ditches and stormwater outfalls provided that a
stormwater management facility is installed to
X
control nutrients and attenuate flow before the
conveyance discharges through the riparian
buffer
New drainage ditches, roadside ditches and
stormwater conveyances applicable to linear
projects that do not provide a stormwater
X
management facility due to topography
constraints provided that other practicable BMPs
are employed.
Drainage of a pond in a natural drainage way provided
that a new riparian buffer that meets the requirements of
X
Items 8b.(A)(4) and 8b.(A)(5) of this Ordinance is
established adjacent to the new channel.
Driveway crossings of streams and other surface waters
subject to this Ordinance:
➢ Driveway crossings on single family residential
lots that disturb equal to or less than 25 linear
X
feet or 2,500 square feet of riparian buffer
➢ Driveway crossings on single family residential
lots that disturb greater than 25 linear feet or
X
2,500 square feet of riparian buffer
In a subdivision that cumulatively disturb equal to
or less than 150 linear feet or one-third of an acre
X
of riparian buffer
➢ In a subdivision that cumulatively disturb greater
than 150 linear feet or one-third of an acre of
X
riparian buffer
Driveway impacts other than crossing of a stream or
X
other surface waters subject to this Ordinance
Fences:
➢ Fences provided that disturbance is minimized
and installation does not result in removal of
X
trees as defined in this Ordinance
➢ Fences provided that disturbance is minimized
and installation results in removal of trees as
X
defined in this Ordinance
Fertilizer application: one time application to establish
X
vegetation
1TAP41

Use
Exempt*
Allowable*
Allowable with
M itigation
Grading and revegetation in Zone Two provided that
diffuse flow and the health of existing vegetation in Zone
X
One is not compromised and disturbed areas are
stabilized until they are reve etated.
Greenway/hiking trails designed, constructed and
maintained to maximize nutrient removal and erosion
protection, minimize adverse effects on aquatic life and
X
habitat, and protect water quality to the maximum extent
practical.
Historic preservation:
Designed, constructed and maintained to provide the
maximum nutrient removal and erosion protection, to
X
have the least adverse effects on aquatic life and habitat,
and to protect water quality to the maximum extent
practical.
Maintenance access on modified natural streams: a
grassed travel way on one side of the water body when
less impacting alternatives are not practical. The width
X
and specifications of the travel way shall be only that
needed for equipment access and operation. The travel
way shall be located to maximize stream shading.
Mining activities
➢ Mining activities that are covered by the Mining
Act provided that new riparian buffers that meet
the requirements of Sections 8b.(A)(4) and
X
8b.(A)(5) of this Ordinance are established
adjacent to the relocated channels
➢ Mining activities that are not covered by the
Mining Act OR where new riparian buffers that
meet the requirements of Sections 8b.(A)(4) and
X
8b.(A)(5) of this Ordinance are not established
adjacent to the relocated channels
➢ Wastewater or mining dewatering wells with
X
approved NPDES permit
Playground equipment:
Playground equipment on single family lots
provided that installation and use does not result
X
in removal of vegetation
➢ Playground equipment installed on lands other
than single-family lots or that requires removal of
X
ve etation
Ponds in natural drainage ways, excluding dry ponds:
➢ New ponds provided that a riparian buffer that
meets the requirements of Sections 8b.(A)(4)
X
and 8b.(A)(5) of this Ordinance is established
adjacent to the pond
➢ New ponds where a riparian buffer that meets the
requirements of Sections 8b.(A)(4) and 8b.(A)(5)
X
of this Ordinance is NOT established adjacent to
the pond
Protection of existing structures, facilities and stream
banks when this requires additional disturbance of the
X
riparian buffer or the stream channel
M01.1

Use
Exempt*
Allowable*
Allowable with
M itigation
Railroad impacts other than crossings of streams and
X
other surface waters subject to this Ordinance.
Railroad crossings of streams and other surface waters
subject to this Ordinance:
➢ Railroad crossings that impact equal to or less
X
than 40 linear feet of riparian buffer
Railroad crossings that impact greater than 40
linear feet but equal to or less than 150 linear feet
X
or one-third of an acre of riparian buffer
➢ Railroad crossings that impact greater than 150
linear feet or one-third of an acre of riparian
X
buffer
Recreational and accessory structures:
➢ Sheds and gazebos in Zone Two, provided they
are not prohibited under local water supply
ordinance:
o Total footprint less than or equal to 150
X
square feet per lot.
o Total footprint greater than 150 square
X
feet per lot.
Wooden slatted decks and associated steps,
provided the use meets the requirements of
Sections Sb.(A)(4) and 8b.(A)(5) of this
Ordinance:
o Deck at least eight feet in height and no
X
vegetation removed from Zone One.
o Deck less than eight feet in height or
X
vegetation removed from Zone One.
Removal of previous fill or debris provided that diffuse
X
flow is maintained and vegetation is restored
Road impacts other than crossings of streams and other
X
surface waters subject to this Ordinance
Road crossings of streams and other surface waters
subject to this Ordinance:
➢ Road crossings that impact equal to or less
X
than 40 linear feet of riparian buffer
Road crossings that impact greater than 40
linear feet but equal to or less than 150 linear
X
feet or one-third of an acre of riparian buffer
Road crossings that impact greater than 150
linear feet or one-third of an acre of riparian
X
buffer
Road relocation: Relocation of existing private access
roads associated with public road projects where
necessary for public safety:
➢ Less than or equal to 2,500 square feet of buffer
X
impact
➢ Greater than 2,500 square feet of buffer impact
X
Stormwater BMPs:
Wet detention, bioretention, and constructed
wetlands in Zone Two if diffuse flow of discharge
X
is provided into Zone One
MAN

Use
Exempt*
Allowable*
Allowable with
M itigation
Wet detention, bioretention, and constructed
X
wetlands in Zone One
Scientific studies and stream gauging:
In Zones One and Two if they are designed, constructed
X
and maintained to protect water quality to the maximum
extent practical.
Streambank or shoreline stabilization
X
Temporary roads, provided that the disturbed area is
restored to pre -construction topographic and hydrologic
conditions immediately after construction is complete and
replanted immediately with comparable vegetation,
except that tree planting may occur during the dormant
season. A one-time application of fertilizer may be used
to establish vegetation: At the end of five years the
restored buffer shall comply with the restoration criteria in
Section 8b.(C)(3)(g) of this Ordinance:
➢ Less than or equal to 2,500 square feet of buffer
X
disturbance
Greater than 2,500 square feet of buffer
X
disturbance
Associated with culvert installation or bridge
X
construction or replacement.
Temporary sediment and erosion control devices,
provided that the disturbed area is restored to pre -
construction topographic and hydrologic conditions
immediately after construction is complete and replanted
immediately with comparable vegetation, except that tree
planting may occur during the dormant season. A one-
time application of fertilizer may be used to establish
vegetation. At the end of five years the restored buffer
shall comply with the restoration criteria in Section
8b.(C)(3)(g) of this Ordinance:
➢ In Zone Two provided ground cover is
established within timeframes required by the
Sedimentation and Erosion Control Act,
X
vegetation in Zone One is not compromised, and
runoff is released as diffuse flow in accordance
with Section 8b.(A)(5) of this Ordinance.
In Zones One and Two to control impacts
associated with uses approved by
[Municipality/County] or that have received a
X
variance, provided that sediment and erosion
control for upland areas is addressed, to the
maximum extent practical, outside the buffer.
➢ In -stream temporary erosion and sediment
control measures for work within a stream
channel that is authorized under Sections 401
X
and 404 of the Federal Water Pollution Control
Act.
In -stream temporary erosion and sediment
control measures for work within a stream
X
channel.
Utility, electric, aerial, perpendicular crossings of streams
and other surface waters subject to this Ordinance2,3,5:
M-1.11

Use
Exempt*
Allowable*
Allowable with
M itigation
Disturb equal to or less than 150 linear feet of
X
riparian buffer
➢ Disturb greater than 150 linear feet of riparian
X
buffer
Utility, electric, aerial, other than perpendicular
crossingS5:
➢ Impacts in Zone Two
X
➢ Impacts in Zone Onez,3
X
Utility, electric, underground, perpendicular crossin 53,4,5
➢ Disturb less than or equal to 40 linear feet of
X
riparian buffer
Disturb greater than 40 linear feet of riparian
X
buffer
Utility, electric, underground, other than perpendicular
crossingS4:
➢ Impacts in Zone Two
X
➢ Impacts in Zone One'
X
Utility, non -electric, perpendicular crossings of streams
and other surface waters subject to this Ordinance4,5:
Disturb equal to or less than 40 linear feet of
riparian buffer with a maintenance corridor equal
X
to or less than 10 feet in width
➢ Disturb equal to or less than 40 linear feet of
riparian buffer with a maintenance corridor
X
greater than 10 feet in width
➢ Disturb greater than 40 linear feet but equal to or
less than 150 linear feet of riparian buffer with a
X
maintenance corridor equal to or less than 10
feet in width
➢ Disturb greater than 40 linear feet but equal to or
less than 150 linear feet of riparian buffer with a
X
maintenance corridor greater than 10 feet in
width
➢ Disturb greater than 150 linear feet of riparian
X
buffer
Utility, non -electric, other than perpendicular crossings4.5:
➢ Impacts in Zone Two
X
➢ Impacts in Zone One'
X
Vegetation management:
Emergency fire control measures provided that
X
topography is restored
Mowing or harvesting of plant products in Zone
X
Two
➢ Planting vegetation to enhance the riparian
X
buffer
➢ Pruning forest vegetation provided that the
health and function of the forest vegetation is not
X
compromised
Removal of individual trees that are in danger of
causing damage to dwellings, other structures or
X
human life, or are imminently endangering
stability of the streambank.
Removal of individual trees which are dead,
X
diseased or damaged.
M40.1

Use
Exempt*
Allowable*
Allowable with
M itigation
➢ Removal of poison ivy
X
Removal of invasive exotic vegetation as defined
in: Smith, Cherri L. 1998. Exotic Plant
Guidelines. Dept. of Environment and Natural
X
Resources. Division of Parks and Recreation.
Raleigh, NC. Guideline #30
Vehicular access roads leading to water -dependent
structures as defined in 15A NCAC 02B .0202, provided
X
they do not cross the surface water and have minimum
practicable width not exceeding ten feet.
Water dependent structures as defined in 15A NCAC 02B
.0202 where installation and use result in disturbance to
X
riparian buffers.
Water supply reservoirs:
New reservoirs where a riparian buffer that meets
the requirements of Sections 8b.(A)(4) and
X
8b.(A)(5) of this Ordinance is established
adjacent to the reservoir
New reservoirs where a riparian buffer that meets
the requirements of Sections 8b.(A)(4) and
X
8b.(A)(5) of this Ordinance is not established
adjacent to the reservoir
Water wells
➢ Single family residential water wells
X
➢ All other water wells
X
Wetland, stream and buffer restoration that results in
impacts to the riparian buffers:
➢ Wetland, stream and buffer restoration that
requires NC Division of Water Quality approval
X
for the use of a 401 Water Quality Certification
➢ Wetland, stream and buffer restoration that does
not require Division of Water Quality approval for
X
the use of a 401 Water Quality Certification
Wildlife passage structures
X
'Provided that:
➢ No heavy equipment is used in Zone One.
Vegetation in undisturbed portions of the buffer is not compromised.
➢ Felled trees are removed by chain.
No permanent felling of trees occurs in protected buffers or streams.
Stumps are removed only by grinding.
At the completion of the project the disturbed area is stabilized with native
vegetation.
►TAKIII

➢ Zones one and two meet the requirements of Sections 8b.(A)(4) and
8b.(A)(5)
2Provided that, in Zone One, all of the following BMPs for overhead utility lines are used.
If all of these BMPs are not used, then the overhead utility lines shall require a no practical
alternative evaluation by the County Planning Director, as defined in Section 8b.(C)(1).
➢ A minimum zone of 10 feet wide immediately adjacent to the water body
shall be managed such that only vegetation that poses a hazard or has the
potential to grow tall enough to interfere with the line is removed.
Woody vegetation shall be cleared by hand. No land grubbing or grading is
allowed.
Vegetative root systems shall be left intact to maintain the integrity of the
soil. Stumps shall remain where trees are cut.
Riprap shall not be used unless it is necessary to stabilize a tower.
No fertilizer shall be used other than a one-time application to re-establish
vegetation.
Construction activities shall minimize the removal of woody vegetation, the
extent of the disturbed area, and the time in which areas remain in a
disturbed state.
Active measures shall be taken after construction and during routine
maintenance to ensure diffuse flow of stormwater through the buffer.
➢ In wetlands, mats shall be utilized to minimize soil disturbance.
3Provided that poles or aerial infrastructure shall not be installed within 10 feet of a water
body unless the County Planning Director completes a no practical alternative evaluation
as defined in Section 8b.(C)(1).
4Provided that, in Zone One, all of the following BMPs for underground utility lines are
used. If all of these BMPs are not used, then the underground utility line shall require a
no practical alternative evaluation by the County Planning Director, as defined in Section
8b.(C)(1).
➢ Woody vegetation shall be cleared by hand. No land grubbing or grading is
allowed.
➢ Vegetative root systems shall be left intact to maintain the integrity of the
soil. Stumps shall remain, except in the trench where trees are cut.
Underground cables shall be installed by vibratory plow or trenching.
►TAKNI

The trench shall be backfilled with the excavated soil material immediately
following cable installation.
➢ No fertilizer shall be used other than a one-time application to re-establish
vegetation.
Construction activities shall minimize the removal of woody vegetation, the
extent of the disturbed area, and the time in which areas remain in a
disturbed state.
Measures shall be taken upon completion of construction and during routine
maintenance to ensure diffuse flow of stormwater through the buffer.
In wetlands, mats shall be utilized to minimize soil disturbance.
5Perpendicular crossings are those that intersect the surface water at an angle between
75 degrees and 105 degrees.
►TAKYJ

(3) Requirements for Categories of Uses.
Uses designated in Section 8b.(B)(2) of this Section as exempt, allowable,
and allowable with mitigation within a riparian buffer shall have the following
requirements:
(a) Exempt.
Uses designated as exempt are permissible without authorization by
Randolph County Planning Director provided that they adhere to the
limitations of the activity as defined in Section 8b.(B)(2) of this
Section, the Table of Uses. In addition, exempt uses shall be
designed, constructed and maintained to minimize soil disturbance
and to provide the maximum water quality protection practicable,
including construction, monitoring, and maintenance activities.
(b) Allowable.
Uses designated as allowable may proceed provided that there are
no practical alternatives to the requested use pursuant to Section
8b.(C)(1) of this Section. This includes construction, monitoring, and
maintenance activities. These uses require written authorization from
the Randolph County Planning Director.
(c) Allowable with Mitigation.
Uses designated as allowable with mitigation may proceed provided
that there are no practical alternatives to the requested use pursuant
to Section 8b.(C)(1) of this Section and an appropriate mitigation
strategy has been approved pursuant to Section 8b.(C)(3). These
uses require written authorization from the Randolph County
Planning Director.
(C). Permits Procedures, Requirements, and Approvals
(1) Determination of No Practical Alternatives / Request for Authorization
Certificate.
(a) Persons who wish to undertake uses designated as allowable or
allowable with mitigation shall submit a request for a "no practical
alternatives" determination to the Randolph County Planning
Director. The applicant shall certify that the project meets all the
following criteria for finding "no practical alternatives":
(1) The basic project purpose cannot be practically accomplished
in a manner that would better minimize disturbance, preserve
aquatic life and habitat, and protect water quality;
(2) The use cannot practically be reduced in size or density,
reconfigured or redesigned to better minimize disturbance,
►A9191

preserve aquatic life and habitat, and protect water quality;
and
(3) Best management practices shall be used if necessary to
minimize disturbance, preserve aquatic life and habitat, and
protect water quality.
(b) The applicant shall also submit at least the following information in
support of their assertion of "no practical alternatives":
(1) The name, address and phone number of the applicant;
(2) The nature of the activity to be conducted by the applicant;
(3) The location of the activity, including the jurisdiction;
(4) A map of sufficient detail to accurately delineate the
boundaries of the land to be utilized in carrying out the activity,
the location and dimensions of any disturbance in riparian
buffers associated with the activity, and the extent of riparian
buffers on the land,
(5) An explanation of why this plan for the activity cannot be
practically accomplished, reduced or reconfigured to better
minimize disturbance to the riparian buffer, preserve aquatic
life and habitat and protect water quality; and
(6) Plans for any best management practices proposed to be
used to control the impacts associated with the activity.
(c) Within 60 days of a submission that addresses Section 8b.(C)(1)(b),
the County Planning Director shall review the entire project and make
a finding of fact as to whether the criteria in Section 8b.(C)(1)(a) of
this Section have been met. A finding of "no practical alternatives"
shall result in issuance of an Authorization Certificate. Failure to act
within 60 days shall be construed as a finding of "no practical
alternatives" and an Authorization Certificate shall be issued to the
applicant unless one of the following occurs:
(1) The applicant agrees, in writing, to a longer period;
(2) The County Planning Director determines that the applicant
has failed to furnish requested information necessary to the
County Planning Director's decision;
(3) The final decision is to be made pursuant to a public hearing,
or
► at,11

(4) The applicant refuses access to its records or premises for the
purpose of gathering information necessary to the County
Planning Director's decision.
(d) The County Planning Director may attach conditions to the Authorization
Certificate that support the purpose, spirit and intent of this Ordinance.
(e) Any appeals of determinations regarding Authorization Certificates shall be
referred to the Director of the Division of Water Quality, c/o the 401
Oversight Express Permitting Unit, or its successor. The Director's decision
is subject to review as provided in NCGS 150B Articles 3 and 4.
(2) Variances.
(a) Requirements for Variances
Persons who wish to undertake prohibited uses may pursue a
variance. The Board of Adjustment (in Randolph County, the Board
of Adjustment serves as the Watershed Review Board) may grant
minor variances. For major variances, the County Planning Director
shall prepare preliminary findings and submit them to the Division of
Water Quality, 4 01 Oversight Express Permitting Unit, or its
successor for approval by the Environmental Management
Commission. The variance request procedure shall be as follows:
(1) For any variance request, the County Board of Adjustment
shall make a finding of fact as to whether there are practical
difficulties or unnecessary hardships that prevent compliance
with the riparian buffer protection requirements. A finding of
practical difficulties or unnecessary hardships shall require
that the following conditions are met:
(a) If the applicant complies with the provisions of this
Ordinance, he/she can secure no reasonable return
from, nor make reasonable use of, his/her property.
Merely proving that the variance would permit a greater
profit from the property shall not be considered
adequate justification for a variance. Moreover, the
County Board of Adjustment shall consider whether the
variance is the minimum possible deviation from the
terms of this Ordinance that shall make reasonable use
of the property possible,
(b) The hardship results from application of this Ordinance
to the property rather than from other factors such as
deed restrictions or other hardship,
1 A9191

(c) The hardship is due to the physical nature of the
applicant's property, such as its size, shape, or
topography, such that compliance with provisions of
this Ordinance would not allow reasonable use of the
property;
(d) The applicant did not cause the hardship by knowingly
or unknowingly violating this Ordinance;
(e) The hardship is rare or unique to the applicant's
property.
(2) The variance is in harmony with the general purpose and
intent of the State's riparian buffer protection requirements
and this Ordinance and preserves its spirit; and
(3) In granting the variance, the public safety and welfare have
been assured, water quality has been protected, and
substantial justice has been done.
(b) Minor Variances
A minor variance request pertains to activities that will impact only
Zone Two of the riparian buffer. Minor variance requests shall be
reviewed and approved based on the criteria in Section 8b.(C)(1)(a)
through Section 8b.(C)(1)(c) by the County Board of Adjustment
pursuant to NCGS 153A-Article 18, or NCGS 160A-Article 19. The
County Board of Adjustment may attach conditions to the variance
approval that support the purpose, spirit and intent of the riparian
buffer protection program. Request for appeals to decisions made by
the County Board of Adjustment shall be made in writing to the
Director of the Division of Water Quality c/o the 401 Oversight
Express Permitting Unit, or its successor. The Director's decision is
subject to review as provided in NCGS 150B Articles 3 and 4.
(c) Major Variances
A major variance request pertains to activities that will impact any
portion of Zone One or any portion of both Zones One and Two of
the riparian buffer. If the County Board of Adjustment or County
Planning Director has determined that a major variance request
meets the requirements in Section 8b.(C)(2)(a), then it shall prepare
a preliminary finding and submit it to the NC Environmental
Management Commission c/o the Division of Water Quality, 401
Oversight Express Permitting Unit, or its successor, for approval.
Within 90 days after receipt by the Planning Director, the
Commission shall review preliminary findings on major variance
KAc11-1

requests and take one of the following actions: approve, approve with
conditions and stipulations, or deny the request. Appeals from a
Commission decision on a major variance request are made on
judicial review to Superior Court.
(3) Mitigation
(a) This item shall apply to persons who wish to impact a riparian buffer
in the Randleman Lake watershed when one of the following applies:
(1) A person has received an Authorization Certificate pursuant to
Section 8b.(C)(1) of this Ordinance for a proposed use that is
designated as "allowable with mitigation;" or
(2) A person has received a variance pursuant to Section
8b.(C)(2) of this Ordinance and is required to perform
mitigation as a condition of a variance approval.
(b) Issuance of the Mitigation Approval
The Randolph County Planning Director shall issue a mitigation
approval upon determining that a proposal meets the requirements
set out in this Ordinance. The approval shall identify at a minimum
the option chosen, the required and proposed areas, and either the
mitigation location or the offset payment amount as applicable.
(c) Options for Meeting the Mitigation Requirement
The mitigation requirement may be met through one of the following
options:
(a) Payment of a compensatory mitigation fee to the Riparian
Buffer Restoration Fund pursuant to 15A NCAC 02B .0269 (as
referenced in 15A NCAC 02B .0252(7)) contingent upon
acceptance of payments by the NC Ecosystem Enhancement
Program, or to a private mitigation bank that complies with
banking requirements of the US Army Corps of Engineers,
currently set out at
hftp://www.saw.usace.army,miIANETLANDS/Mitgation/mitban
ks.html or from the US Army Corps of Engineers, and the
applicable trading criteria in Rule 15A NCAC 02B .02731
(b) Donation of real property or of an interest in real property
pursuant to Section 8b.(C)(3)(f) of this Ordinance, or
(c) Restoration or enhancement of a non -forested riparian buffer
pursuant to the requirements of Section 8b.(C)(3)(g) of this
Ordinance.
1TAKYA

(d) The Area of Mitigation
The Randolph County Planning Director shall determine the required
area of mitigation, which shall apply to all mitigation options identified
in Section 8b.(C)(3)(c) of this Ordinance and as further specified in
the requirements for each option set out in this Section, according to
the following:
(1) The impacts in square feet to each zone of the riparian buffer
shall be determined by the County Planning Director by
adding the following:
(a) The area of the footprint of the use causing the impact
to the riparian buffer;
(b) The area of the boundary of any clearing and grading
activities within the riparian buffer necessary to
accommodate the use; and
(c) The area of any ongoing maintenance corridors within
the riparian buffer associated with the use.
(2) The required area of mitigation shall be determined by
applying the following multipliers to the impacts determined in
Section 8b.(3)(d)(1) of this Ordinance to each zone of the
riparian buffer:
(a) Impacts to Zone One of the riparian buffer shall be
multiplied by three;
(b) Impacts to Zone Two of the riparian buffer shall be
multiplied by one and one-half; and
(c) Impacts to wetlands within Zones One and Two of the
riparian buffer that are subject to mitigation under 15A
NCAC 2H .0506 shall comply with the mitigation ratios
in 15A NCAC 2H .0506.
(e) The Location of Mitigation
For any option chosen, the mitigation effort shall be located within
the Randleman Lake watershed, as defined in 15A NCAC 02B .0249,
and the same distance and upstream from the Randleman Lake
Reservoir as the proposed impact, or closer to and upstream of the
Reservoir than the impact, and as close to the location of the impact
as feasible. Alternatively, the applicant may propose mitigation
anywhere within the Randleman Lake watershed, as defined in 15A
NCAC 02B .0249, provided that the mitigation proposal accounts for
►TAKI:3

differences in delivery of nutrients to the Randleman Lake Reservoir
resulting from differences between the locations of the buffer impact
and mitigation. Additional location requirements for the property
donation option are enumerated in Section 8b.(C)(3)(f)(3)(a) of this
Ordinance.
(f) Donation of Property
Persons who choose to satisfy their mitigation determination by
donating real property or an interest in real property shall meet the
following requirements:
(1) The donation of real property interests may be used to either
partially or fully satisfy the payment of a compensatory
mitigation fee to the Riparian Buffer Restoration Fund
pursuant to 15A NCAC 02B .0252. The value of the property
interest shall be determined by an appraisal performed in
accordance with Section 8b.(C)(3)(f)(4)(d) of this Ordinance.
The donation shall satisfy the mitigation determination if the
appraised value of the donated property interest is equal to or
greater than the required fee. If the appraised value of the
donated property interest is less than the required fee
calculated pursuant to 15A NCAC 02B .0252, the applicant
shall pay the remaining balance due.
(2) The donation of conservation easements to satisfy
compensatory mitigation requirements shall be accepted only
if the conservation easement is granted in perpetuity.
(3) Donation of real property interests to satisfy the mitigation
determination shall be accepted only if such property meets
all of the following requirements:
(a) In addition to the location requirements of Section
8b.(C)(3)(e) of this Ordinance, the property shall be
located within an area that is identified as a priority for
restoration in, or is otherwise consistent with the goals
of, the Basinwide Wetlands and Riparian Restoration
Plan for the Cape Fear River Basin developed by NC
Division of Water Quality pursuant to NCGS 143-
214.10;
(b) The property shall contain riparian buffers not currently
protected by the State's riparian buffer protection
program that are in need of restoration as defined in
Section 8b. (C)(3)(g)(4) of this Ordinance;
►AMe

(c) The restorable riparian buffer on the property shall
have a minimum length of 1000 linear feet along a
surface water and a minimum width of 50 feet as
measured horizontally on a line perpendicular to the
surface water;
(d) The size of the restorable riparian buffer on the
property to be donated shall equal or exceed the area
of mitigation responsibility determined pursuant to
Section 8b.(C)(3)(d) of this Ordinance;
(e) Restoration shall not require removal of man-made
structures or infrastructure;
(f) The property shall be suitable to be successfully
restored, based on existing hydrology, soils, and
vegetation,
(g) The estimated cost of restoring and maintaining the
property shall not exceed the value of the property
minus site identification and transaction costs;
(h) The property shall not contain any building, structure,
object, site, or district that is listed in the National
Register of Historic Places established pursuant to
Public Law 89-665, 16 U.S.C. 470 as amended;
(i) The property shall not contain any hazardous
substance or solid waste;
(j) The property shall not contain structures or materials
that present health or safety problems to the general
public. If wells, septic, water or sewer connections
exist, they shall be filled, remediated or closed at
owner's expense in accordance with State and local
health and safety regulations,
(k) The property and adjacent properties shall not have
prior, current, and known future land use that would
inhibit the function of the restoration effort; and
(1) The property shall not have any encumbrances or
conditions on the transfer of the property interests.
KAElW

(4) At the expense of the applicant or donor, the following
information shall be submitted to the County Planning Director
with any proposal for donations or dedications of interest in
real property:
(a) Documentation that the property meets the
requirements laid out in Section 8b.(C)(3)(f)(3) of this
Ordinance;
(b) US Geological Survey 1-24,000 (7.5 minute) scale
topographic map, County tax map, USDA Natural
Resource Conservation Service County Soil Survey
Map, and County road map showing the location of the
property to be donated along with information on
existing site conditions, vegetation types, presence of
existing structures and easements;
(c) A current property survey performed in accordance
with the procedures of the North Carolina Department
of Administration, State Property Office as identified by
the State Board of Registration for Professional
Engineers and Land Surveyors in "Standards of
Practice for Land Surveying in North Carolina." Copies
may be obtained from the North Carolina State Board
of Registration for Professional Engineers and Land
S u rveyo rs,
(d) A current appraisal of the value of the property
performed in accordance with the procedures of the
North Carolina Department of Administration, State
Property Office as identified by the Appraisal Board in
the "Uniform Standards of Professional North Carolina
Appraisal Practice." Copies may be obtained from the
Appraisal Foundation, Publications Department; and
(e) A title certificate.
(g) Riparian Buffer Restoration or Enhancement
Persons who choose to meet their mitigation requirement through
riparian buffer restoration or enhancement shall meet the following
requirements:
(1) The applicant may restore or enhance a non -forested riparian
buffer if either of the following applies:
1 AE111

(a) The area of riparian buffer restoration is equal to the
required area of mitigation determined pursuant to
Section 8b.(C)(3)(d) of this Ordinance; or
(b) The area of riparian buffer enhancement is three times
larger than the required area of mitigation determined
pursuant to Section 8b.(C)(3)(d) of this Ordinance;
(2) The location of the riparian buffer restoration or enhancement
shall comply with the requirements in Section 8b.(C)(3)(d) of
this Ordinance;
(3) The riparian buffer restoration or enhancement site shall have
a minimum width of 50 feet as measured horizontally on a line
perpendicular to the surface water;
(4) Enhancement and restoration shall both have the objective of
establishing a forested riparian buffer according to the
requirements of this Item. Enhancement shall be
distinguished from restoration based on existing buffer
conditions. Where existing trees are sparse, that is greater
than or equal to 100 trees per acre but less than 200 trees per
acre, a buffer may be enhanced. Where existing woody
vegetation is absent, that is less than 100 trees per acre, a
buffer may be restored,
(5) The applicant shall first receive an Authorization Certificate for
the proposed use according to the requirements of Section
8b.(C)(1) of this Ordinance. After receiving this determination,
the applicant shall submit a restoration or enhancement plan
for approval by the County Planning Director. The restoration
or enhancement plan shall contain the following:
(a) A map of the proposed restoration or enhancement
site;
(b) A vegetation plan. The vegetation plan shall include a
minimum of at least two native hardwood tree species
planted at a density sufficient to provide 320 trees per
acre at maturity;
(c) Agrading plan. The site shall be graded in a manner to
ensure diffuse flow through the riparian buffer;
(d) A fertilization plan, and
LTA El

(e) A schedule for implementation;
(6) Within one year after the County Planning Director has approved the
restoration or enhancement plan, the applicant shall present proof to
the County Planning Director that the riparian buffer has been
restored or enhanced. If proof is not presented within this timeframe,
then the person shall be in violation of both the State's and the
Randolph County riparian buffer protection program;
(7) The mitigation area shall be placed under a perpetual conservation
easement that will provide for protection of the property's nutrient
removal functions; and
(8) The applicant shall submit annual reports for a period of five years
after the restoration or enhancement showing that the trees planted
have survived and that diffuse flow through the riparian buffer has
been maintained. The applicant shall replace trees that do not
survive and restore diffuse flow if needed during that five-year period.
Section 9. Rules Governing the Interpretation of Watershed Area Boundaries.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the
Watershed Map, the following rules shall apply:
(A) Where area boundaries are indicated as approximately following either
street, alley, railroad or highway lines or center lines thereof, such lines shall
be construed to be said boundaries.
(B) Where area boundaries are indicated as approximately following lot lines,
such lot lines shall be construed to be said boundaries. However, a
surveyed plat prepared by a registered land surveyor may be submitted to
the County as evidence that one or more properties along these boundaries
do not lie within the watershed area.
(C) Where the watershed area boundaries lie at a scaled distance more than
twenty-five by use of the scale appearing on the watershed map.
(D) Where the watershed area boundaries lie at a scaled distance of twenty-
five (25) feet or less from any parallel lot line, the location of watershed area
boundaries shall be construed to be the lot line.
(E) Where other uncertainty exists, the Watershed Administrator shall interpret
the Watershed Map as to location of such boundaries. This decision may
be appealed to the Watershed Review Board.
Section 10. Application of Regulations.
LTA El

(A) No building or land shall hereafter be used and no development shall take
place except in conformity with the regulations herein specified for the
watershed area in which it is located.
(B) No area required for the purpose of complying with the provisions of this
Ordinance shall be included in the area required for another building.
(C) If a use or class of use is not specifically indicated as being allowed in a
watershed area, such use or class of use is prohibited.
Section 11. Existing Development.
Any existing development as defined in Article 6, Definitions, of this Ordinance may be
continued and maintained subject to the provisions provided herein. Expansions to
structures classified as existing development must meet the requirements of this
Ordinance, however, the built -upon area of the existing development is not required to be
included in the density calculations.
(A) Uses of Land. This category consists of uses existing at the time of adoption
of this Ordinance where such use of the land is not permitted to be
established hereafter in the watershed area in which it is located. Such uses
may be continued except as follows:
(1) When such use of land has been changed to an allowed use, it shall
not thereafter revert to any prohibited use.
(2) Such use of land shall be changed only to an allowed use.
(3) When such use ceases for a period of at least one year, it shall not
be reestablished.
(B) Reconstruction of Buildings on Built -upon Areas. Any existing building or
built -upon area not in conformance with the restrictions of this Ordinance
that has been damaged or destroyed by any means to an extent of more
than fifty percent (50%) of its replacement cost or bulk, exclusive of
foundations and land value may be repaired and/or reconstructed, except
that there are no restrictions on single family residential development,
provided:
(1) Repair or reconstruction is initiated within twelve (12) months and
completed within two (2) years of such damage.
(2) The total amount of space devoted to built -upon area may not be
increased unless stormwater control that equals or exceeds the
previous development is provided.
Section 12. Watershed Protection Permit.
(A) Except where a single family residence is constructed on a lot deeded prior

to the effective date of this Ordinance, no building or built -upon area shall
be erected, moved, enlarged or structurally altered, nor shall any building
permit be issued nor shall any change in the use of any building or land be
made until a Watershed Protection Permit has been issued by the Planning
Department. No Watershed Protection Permit shall be issued except in
conformity with the provisions of this Ordinance.
(B) Watershed Protection Permit applications shall be filed with the Planning
Department. The application shall include a completed application form
(see Appendix A) and supporting documentation deemed necessary by the
Planning Director.
(C) Before issuance of a Watershed Protection Permit, the Planning Director
may consult with other qualified personnel for assistance to determine if the
application meets the requirements of this Ordinance.
(D) A Watershed Protection Permit shall expire if a Building Permit or
Watershed Occupancy Permit for such use is not obtained by the applicant
within twelve (12) months from the date of issuance.
Section 13. Building Permit Required.
After receiving a Watershed Protection Permit, a Building Permit shall be obtained from
the Randolph County Inspections Department for construction or alteration of any building
or structure pursuant to the procedures of the Randolph County Central Permitting
Operations Ordinance established by the Board of Commissioners.
Section 14. Watershed Protection Occupancy Permit.
(A) The Planning Director shall issue a Watershed Protection Occupancy
Permit certifying that all requirements of this Ordinance have been met prior
to the occupancy or use of a building hereafter erected, altered or moved
and/or prior to the change of use of any building or land.
(B) A Watershed Protection Occupancy Permit, either for the whole or part of a
building, shall be applied for coincident with the application for a Watershed
Protection Permit and shall be issued or denied within ten (10) days after
the erection or structural alterations of the building.
(C) When only a change in use of land or existing building occurs, the Planning
Director shall issue a Watershed Protection Occupancy Permit certifying
that all requirements of this Ordinance have been met coincident with the
Watershed Protection Permit.
(D) If the Watershed Protection Occupancy Permit is denied, the Planning
Director shall notify the applicant in writing stating the reasons for denial.
(E) No building or structure which has been erected, moved or structurally
LTA El

altered may be occupied until the Planning Director has approved and
issued a Watershed Protection Occupancy Permit.
LTA 11.1

Article IV: Public Health Regulations
Section 1. Public Health, in General.
No activity, situation, structure or land use shall be allowed within the watershed which
poses a threat to water quality and the public health, safety and welfare. Such conditions
may arise from inadequate on -site sewage systems which utilize ground absorption;
inadequate sedimentation and erosion control measures; the improper storage or
disposal of junk, trash or other refuse within a buffer area; the absence or improper
implementation of a spill containment plan for toxic and hazardous materials; the improper
management of stormwater runoff; or any other situation found to pose a threat to water
quality.
Section 2. Abatement.
(A) The Planning Director shall monitor land use activities within the watershed
areas
to identify situations that may pose a threat to water quality.
(B) The Planning Director shall report all findings to the Board of Adjustment.
The
Watershed Administrator may consult with any public agency or official and
request recommendations.
(C) Where the Board of Adjustment finds a threat to water quality and the public
health, safety and welfare, the Board shall institute any appropriate action
or proceeding to restrain, correct or abate the condition and/or violation.
Article V: Administration, Enforcement and Appeals
Section 1. Watershed Administrator and Duties Thereof.
The Randolph County Planning Director is hereby appointed the Watershed
Administrator,
who shall be duly sworn in that capacity. It shall be the duty of the Planning Director acting
as Watershed Administrator to administer and enforce the provisions of this Ordinance
as follows:
(A) The Planning Director shall issue Watershed Protection Permits and
Watershed Protection Occupancy Permits as prescribed herein. A record of
all permits shall be kept on file and shall be available for public inspection
during regular office hours of the Planning Director.
(B) The Planning Director shall serve as clerk to the Board of Adjustment which
sits as the Watershed Review Board.
LTA El

(C) The Planning Director shall keep records of all amendments to the County's
Water Supply Watershed Protection Ordinance and shall provide copies of
all amendments upon adoption to the Division of Water Quality.
(D) The Planning Director shall keep records of the County's utilization of the
provision that a maximum of five percent (5%) or ten percent (10%),
whichever is applicable, of the non -critical area of WS-II-BW, WS-III-BW
and WS-IV-BW watersheds may be developed with non-residential
development to a maximum of seventy percent (70%) built -upon surface
area. Records for each watershed shall include the total acres of non -critical
watershed area, total acres eligible to be developed under this option, total
acres approved for this development option, and individual records for each
project with the following information: location, acres, site plan, use,
stormwater management plan as applicable and inventory of hazardous
materials as applicable.
(E) The Planning Director is granted the authority to administer and enforce the
provisions of this Ordinance, exercising in the fulfillment of his responsibility
the full police power of the County. The Planning Director, or his duly
authorized representative, may enter any building, structure or premises, as
provided by law, to perform any duty imposed upon him by this Ordinance.
(F) The Planning Director shall keep a record of variances to the local Water
Supply Watershed Protection Ordinance. This record shall be submitted
each calendar year to the Division of Water Quality on or before January
1 st of the following calendars year and shall provide a description of each
project receiving a variance and the reasons for granting the variance.
Section 2. Appeal from the Planning Director.
Any order, requirement, decision or determination made by the Planning Director may be
appealed to and decided by the Board of Adjustment as specified in Article V of this
Ordinance.
Section 3. Changes and Amendments to the Watershed Protection Ordinance.
(A) The Randolph County Board of Commissioners may, on its own motion or
on petition, after public notice and hearing, amend, supplement, change or
modify the watershed regulations and restrictions as described herein.
(B) No action shall be taken until the proposal has been submitted to the Board
of Adjustment for review and recommendations. If no recommendation has
been received from the Board of Adjustment within forty-five (45) days after
submission of the proposal, the Board of Commissioners may proceed as
though a favorable report had been received.
(C) Under no circumstances shall the Board of Commissioners adopt such
amendments, supplements or changes that would cause this Ordinance to
LTA El

violate the watershed protection rules as adopted by the NC Environmental
Management Commission. All amendments must be filed with the Division
of Water Quality, NC Division of Environmental Health and the NC Division
of Community Assistance.
Section 4. Public Notice and Hearing Required.
Before adopting or amending this Ordinance, the Board of Commissioners shall hold a
public hearing on the proposed changes. A notice of the public hearing shall be given
once a week for two successive calendar weeks in a newspaper having general
circulation in the area. The notice shall be published for the first time not less than ten
(10) nor more than twenty-five (25) days before the date fixed for the hearing.
Section 5. Establishment of Watershed Review Board.
The Randolph County Board of Adjustment shall serve as the Watershed Review Board.
(In Randolph County the Board of Adjustment and the Planning Board consist of the same
individuals.) The same rules of procedure as specified in the County Zoning Ordinance
shall apply.
Section 6. Powers and Duties of the Board of Adjustment Acting as Watershed
Review Board.
(A) Administrative Review. The Board of Adjustment, which is comprised of the
same individuals as the Planning Board, shall hear and decide appeals from
any decision or determination made by the Planning Director in the
enforcement of this Ordinance.
(B) Variances. The Board of Adjustment shall have the power to authorize, in
specific cases, minor variances from the terms of this Ordinance as will not
be contrary to the public interests where, owing to special conditions, a
literal enforcement of this Ordinance will result in practical difficulties or
unnecessary hardship, so that the spirit of this Ordinance shall be observed,
public safety and welfare secured and substantial justice done.
(1) Applications for a variance shall be made on the proper form
obtainable from the Planning Director and shall include information
required by the Planning Department, at a minimum:
(a) A site plan, drawn to scale, indicating the property lines of the
parcel upon which the use is proposed; any existing or
proposed structures; parking areas and other built -upon
areas; surface water drainage.
(b) A complete and detailed description of the proposed variance,
together with any other pertinent information which the
applicant feels would be helpful to the Board of Adjustment in
considering the application.
1TQLoll

(c) The Planning Director shall notify in writing each local
government having jurisdiction in the watershed and the entity
using the water supply for consumption. Such notice shall
include a description of the variance being requested. Local
governments receiving notice of the variance request may
submit comments to the Planning Director prior to a decision
by the Board of Adjustment. Such comments shall become a
part of the record of proceedings of the Board of Adjustment.
(2) Before the Board of Adjustment may grant a variance, it shall make
the following three findings, which shall be recorded in the permanent
record of the case, and shall include the factual reasons on which
they are based:
(a) That there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of the Ordinance. In
order to determine that there are practical difficulties or
unnecessary hardships, the Board must find that the five
following conditions exist:
(1) If he complies with the provisions of the Ordinance, the
applicant can secure no reasonable return from, nor
make reasonable use of, his property. Merely proving
that the variance would permit a greater profit to be
made from the property will not be considered
adequate to justify the Board in granting an variance.
Moreover, the Board shall consider whether the
variance is the minimum possible deviation from the
terms of the Ordinance that will make possible the
reasonable use of his property.
(2) The hardship results from the application of the
Ordinance to the property rather than from other
factors such as deed restrictions or other hardship.
(3) The hardship is due to the physical nature of the
applicant's property, such as its size, shape or
topography, which is different from that of neighboring
property.
(4) The hardship is not the result of the actions of an
applicant who knowingly or unknowingly violates the
Ordinance, or who purchases the property after the
effective date of the Ordinance, and then comes to the
Board for relief.
KA67i]

(5) The hardship is peculiar to the applicant's property,
rather than the result of conditions that are widespread.
If other properties are equally subject to the hardship
created in the restriction, then granting a variance
would be a special privilege denied to others, and
would not promote equal justice.
(b) That the variance is in harmony with the general purpose and
intent of the Ordinance and preserves its spirit.
(c) That in the granting the variance, the public safety and welfare
have been assured and substantial justice has been done.
The Board shall not grant a variance if it finds that doing so
would in any respect impair the public health, safety or general
welfare.
(3) In granting the variance, the Board may attach such conditions
regarding the location, character and other features of the proposed
building, structure or use as it may deem advisable in furtherance of
the purpose of this Ordinance. If a variance for the construction,
alteration or use of property is granted, such construction, alteration
or use shall be in accordance with the approved site plan.
(4) The Board of Adjustment shall refuse to hear an appeal or an
application for a variance previously denied if it finds that there have
been no substantial changes in conditions or circumstances bearing
on the appeal or application.
(5) A variance issued in accordance with this section shall be considered
a Watershed Protection Permit and shall expire if a Building Permit
or Watershed Occupancy Permit for such use is not obtained by the
applicant within six (6) months from the date of the decision.
(6) If the application calls for the granting of a major variance and if the
Board of Adjustment decides in favor of granting the variance, the
Board shall prepare a preliminary record of the hearing with all
deliberate speed. The preliminary record of the hearing shall include:
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to evidence, and
rulings on them;
1 A6151

(e) Proposed findings and exceptions; and
(f) The proposed decision, including all conditions
proposed to be added to the permit.
The preliminary record shall be sent to the Environmental Management Commission for
its review as follows:
(1) If the Commission concludes from the preliminary record that the variance
qualifies as a major variance and that (1) the property owner can secure no
reasonable return from, nor make any practical use of the property unless
the proposed variance is granted, and (2) the variance, if granted, will not
result in a serious threat to the water supply, then the Commission shall
approve the variance as proposed or approve the proposed variance with
conditions and stipulations. The Commission shall prepare a Commission
decision and send it to the Watershed Review Board. If the Commission
approves the variance as proposed, the Board shall prepare a final decision
granting the proposed variance. If the Commission approves the variance
with conditions and stipulations, the Board shall prepare a final decision,
including such conditions and stipulations, granting the proposed variance.
(2) If the Commission concludes from the preliminary record that the variance
qualifies as a major variance and that (1) the property owner can secure a
reasonable return from or make a practical use of the property without the
variance or (2) the variance, if granted, will result in a serious threat to the
water supply, then the Commission shall deny approval of the variance as
proposed. The Commission shall prepare a Commission decision and send
it to the Board of Adjustment. The Board shall prepare a final decision
denying the variance as proposed.
(C) Subdivision approval. See Article II.
(D) Public Health. See Article IV.
Section 7. Appeals from the Board of Adjustment.
Appeals from the Board of Adjustment must be filed with the Superior Court within 30
days from the date of the decision. The of decisions by the Superior Court will be in the
manner of certiorari.
Article VI: Definitions
Section 1. General Definitions.
Access Trails. Pedestrian trails constructed of pervious or impervious surfaces and
related structures to access a surface water, including boardwalks, steps, rails, and
KAO-Al

signage.
Agricultural Use. The use of waters for stock watering, irrigation and other farm
purposes.
Airport Facilities. All properties, facilities, buildings, structures, and activities that satisfy
or otherwise fall within the scope of one or more of the definitions or uses of the words or
phrases "air navigation facility," "airport" or "airport protection privileges" under NCGS 63-
1; the definition of "aeronautical facilities" in NCGS 63-79(1); the phrase "airport facilities"
as used in NCGS 159-48(b)(1); the phrase "aeronautical facilities" as defined in NCGS
159-81 and NCGS 159-97; and the phrase "airport facilities and improvements" as used
in Article V, Section 13, of the North Carolina Constitution, which shall include, without
limitation, any and all of the following: airports, airport maintenance facilities, clear zones,
drainage ditches, fields, hangars, landing lighting, airport and airport -related offices,
parking facilities, related navigational and signal systems, runways, stormwater outfalls,
terminals, terminal shops, and all appurtenant areas used or suitable for airport buildings
or other airport facilities, and all appurtenant rights -of -way; restricted landing areas; any
structures, mechanisms, lights, beacons, marks, communicating systems, or other
instrumentalities or devices used or useful as an aid, or constituting an advantage or
convenience to the safe taking off, navigation, and landing of aircraft, or the safe and
efficient operation or maintenance of an airport or restricted landing area; easements
through, or interests in, air space over land or water, interests in airport hazards outside
the boundaries of airports or restricted landing areas, and other protection privileges, the
acquisition or control of which is necessary to ensure safe approaches to the landing
areas of airports and restricted landing areas, and the safe and efficient operation thereof
and any combination of any or all of such facilities. Notwithstanding the foregoing, the
following shall not be included in the definition of "airport facilities":
Satellite parking facilities;
2. Retail and commercial development outside of the terminal area, such as
rental car facilities; and
3. Other secondary development, such as hotels, industrial facilities, free-
standing offices and other similar buildings, so long as these facilities are
not directly associated with the operation of the airport, and are not operated
by a unit of government or special governmental entity such as an airport
authority, in which case they are included in the definition of "airport
facilities."
Animal Unit. A unit of measurement developed by the U.S. Environmental Protection
Agency that is used to compare different types of animal operations.
Balance of Watershed Area. This area is defined as the entire drainage basin upstream
of and draining to a WS-II or WS-III watershed critical area where the risk of water supply
pollution is greater than in surrounding areas. Note. Balance of watershed areas are only
1TAM

used for WS-11 or WS-111 watershed classifications.
Best Management Practices (BMP). A structural or nonstructural management -based
practice used singularly or in combination to reduce nonpoint source inputs to receiving
waters in order to achieve water quality protection goals.
Buffer. An area of natural or planted vegetation through which stormwater runoff flows in
a diffuse manner so that the runoff does not become channelized and which provides for
infiltration of the runoff and filtering of pollutants. The buffer is measured landward from
the normal pool elevation of impounded structures and from the bank of each side of
streams or rivers.
Building. Any structure having a roof supported by columns or by walls, and intended for
shelter, housing or enclosure of persons, animals or property. The connection of two
buildings by means of an open porch, breezeway, passageway, carport or other such
open structure, with or without a roof, shall not be deemed to make them one building.
Built -upon area. Built -upon areas shall include that portion of a development project that
is covered by impervious or partially impervious cover including buildings, pavement,
gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts), etc.
(Note: Wooden slatted decks and the water area of a swimming pool are considered
pervious.)
Channel. A natural water -carrying trough cut vertically into low areas of the land surface
by erosive action of concentrated flowing water or a ditch or canal excavated for the flow
of water.
Cluster Development. The grouping of buildings in order to conserve land resources and
provide for innovation in the design of the project. This term includes non-residential
development as well as single-family residential subdivisions and multi -family
developments. For the purpose of this Ordinance, planned unit development and mixed
use development are considered as cluster development.
Composting Facility. A facility in which only stumps, limbs, leaves, grass and untreated
wood collected from land clearing or landscaping operations is deposited.
Critical Area. The area adjacent to a water supply intake or reservoir where risk
associated with pollution is greater than from the remaining portions of the watershed.
The critical area is defined as extending either one-half mile from the normal pool
elevation of the reservoir in which the intake is located or to the ridge line of the watershed
(whichever comes first); or one-half mile upstream from the intake located directly in the
stream or river (run -of -the -river), or the ridge line of the watershed (whichever comes
first). Local governments may extend the critical area as needed. Major landmarks such
as highways or property lines may be used to delineate the outer boundary of the critical
area if these landmarks are immediately adjacent to the appropriate outer boundary of
one-half mile.

Customary Home Occupations. Any use conducted entirely within a dwelling and
carried on by the occupants thereof, which use is clearly incidental and secondary to the
use of the dwelling for residential purposes and does not change the character thereof.
Provided further that no mechanical equipment is installed or used except as is normally
used for domestic or professional purposes and that not over twenty-five percent (25%)
of the total floor space of any structure is used for the occupation. No home occupation
shall be conducted in any accessory building except for the storage and service of a
vehicle that is driven off site, such as a service repair truck, delivery truck, etc.
DBH. Diameter at breast height of a tree measured at 4.5 feet above ground surface level.
Development. The same as defined in Rule 15A NCAC 2B .0202(23).
Discharging Landfill. A facility with liners, monitoring equipment and other measures to
detect and/or prevent leachate from entering the environment and in which the leachate
is treated on site and discharged to a receiving stream.
Ditch. A man-made, open drainage way in or into which excess surface water or
groundwater from land, stormwater runoff, or floodwaters flow either continuously or
intermittently.
Dwelling Unit. A building, or portion thereof, providing complete and permanent living
facilities for one family.
Ephemeral stream. A feature that carries only stormwater in direct response to
precipitation with water flowing only during and shortly after large precipitation events. An
ephemeral stream may or may not have a well-defined channel, the aquatic bed is always
above the water table, and stormwater runoff is the primary source of water. An
ephemeral stream typically lacks the biological, hydrological, and physical characteristics
commonly associated with the continuous or intermittent conveyance of water.
Existing development. Development, other than that associated with agricultural or
forest management activities, that meets one of the following criteria:
(1) It either is built or has established a vested right based on statutory or
common law as interpreted by the courts, for projects that do not require a
State permit, as of the effective date of either local new development
stormwater programs implemented under Rule 15A NCAC 2B .0265
(Randleman Lake Water Supply Nutrient Strategy: Stormwater
Management for New Development) or, for projects requiring a State permit,
as of the applicable compliance date established in Rule 15A NCAC 2B
.0251 (Randleman Lake Water Supply Nutrient Strategy: Stormwater
Requirements), Items (5) and (6).
Existing Lot (Lot of Record). A lot which is part of a subdivision, a plat of which has
been recorded in the Office of the Register of Deeds prior to the adoption of this
1 A&I

Ordinance or a lot described by metes and bounds, the description of which has been so
recorded prior to the adoption of this Ordinance.
Family. One or more persons occupying a single dwelling unit, provided that unless all
members are related by blood or marriage or adoption, no such family shall contain over
five persons, but further provided that domestic servants employed or living on the
premises may be housed on the premises without being counted as a family or families.
Greenway / Hiking Trails. Pedestrian trails constructed of pervious or impervious
surfaces and related structures including but not limited to boardwalks, steps, rails, and
signage, and that generally run parallel to the shoreline.
Hazardous Material. Any substance listed as such in: SARA section 302, Extremely
Hazardous Substances, CERCLA Hazardous Substances or Section 311 of CWA (oil and
hazardous substances).
High Value Tree. A tree that meets or exceeds the following standards: for pine species,
14-inch DBH or greater or 18-inch or greater stump diameter; or for hardwoods and
wetland species, 16-inch DBH or greater or 24-inch or greater stump diameter.
Industrial Development. Any nonresidential development that requires an NPDES
permit for an industrial discharge and/or requires the use or storage of any hazardous
material for the purpose of manufacturing, assembling, finishing, cleaning or developing
any product or commodity.
Intermittent stream. A well-defined channel that contains water for only part of the year,
typically during winter and spring when the aquatic bed is below the water table. The flow
may be heavily supplemented by stormwater runoff. An intermittent stream often lacks
the biological and hydrological characteristics commonly associated with the continuous
conveyance of water.
Landfill. A facility for the disposal of solid waste on land in a sanitary manner in
accordance with Chapter 130A Article 9 of the NC General Statutes. For the purpose of
this Ordinance this term does not include composting facilities.
Lot. A parcel of land occupied or capable of being occupied by a building or group of
buildings devoted to a common use, together with the customary accessories and open
spaces belonging to the same.
Major Variance. A variance that results in any one or more of the following:
(1) the complete waiver of a management requirement;
(2) the relaxation, by a factor of more than ten (10) percent, of any management
requirement that takes the form of a numerical standard;
KA67�

(3) the relaxation of any management requirement that applies to a
development proposal intended to qualify under the high density option.
Minor Variance. A variance that does not qualify as a major variance.
Modified natural stream. An on -site channelization or relocation of a stream channel
and subsequent relocation of the intermittent or perennial flow as evidenced by
topographic alterations in the immediate watershed. A modified natural stream must have
the typical biological, hydrological, and physical characteristics commonly associated with
the continuous conveyance of water.
New Development. Any development project that does not meet the definition of existing
development set out in this Ordinance.
Non -conforming Lot of Record. A lot described by a plat or a deed that was recorded
prior to the effective date of this Ordinance that does not meet the minimum lot size or
other development requirements of the statewide watershed protection rules.
Non-residential Development. All development other than residential development,
agriculture and silviculture.
Perennial stream. A well-defined channel that contains water year round during a year
of normal rainfall with the aquatic bed located below the water table for most of the year.
Groundwater is the primary source of water for a perennial stream, but it also carries
stormwater runoff. A perennial stream exhibits the typical biological, hydrological, and
physical characteristics commonly associated with the continuous conveyance of water.
Perennial waterbody. A natural or man-made basin, including lakes, ponds, and
reservoirs, that stores surface water permanently at depths sufficient to preclude growth
of rooted plants. For the purpose of the State's riparian buffer protection program, the
waterbody must be part of a natural drainage way (i.e., connected by surface flow to a
stream).
Plat. A map or plan of a parcel of land which is to be, or has been subdivided.
Protected Area. The area within a designated water supply watershed that is adjoining
and upstream of the critical area of a WS-IV watershed where the risk of water supply
pollution is greater than in surrounding areas. The boundaries of the protected area are
defined within five miles of and draining to the normal pool elevation of a reservoir or to
the ridge line of the watershed; or within ten miles upstream and draining to the intake
located directly in the stream or river or the ridge line of the watershed.
Residential Development. Buildings for residence such as attached and detached
single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc.
and their associated outbuildings such as garages, storage buildings, gazebos, etc. and
customary home occupations.
WPM

Shoreline stabilization. Is the in -place stabilization of an eroding shoreline. Stabilization
techniques which include "soft" methods or natural materials (such as root wads, or rock
vanes) may be considered as part of a restoration design. However, stabilization
techniques that consist primarily of "hard" engineering, such as concrete lined channels,
riprap, or gabions, while providing bank stabilization, shall not be considered stream
restoration.
Single Family Residential. Any development where: 1) no building contains more than
one dwelling unit, 2) every dwelling unit is on a separate lot and 3) where no lot contains
more than one dwelling unit.
Stream restoration. Is defined as the process of converting an unstable, altered or
degraded stream corridor, including adjacent riparian zone and flood -prone areas to its
natural or referenced, stable conditions considering recent and future watershed
conditions. This process also includes restoring the geomorphic dimension, pattern, and
profile as well as biological and chemical integrity, including transport of water and
sediment produced by the stream's watershed in order to achieve dynamic equilibrium.
`Referenced' or `referenced reach' means a stable stream that is in dynamic equilibrium
with its valley and contributing watershed. A reference reach can be used to develop
natural channel design criteria for stream restoration projects.
Street (Road). A right-of-way for vehicular traffic which affords the principal means of
access to abutting properties.
Structure. Anything constructed or erected, including but not limited to buildings, which
requires location on the land or attachment to something having permanent location on
the land.
Stump diameter. The diameter of a tree measured at six inches above the ground
surface level.
Subdivider. Any person, firm or corporation who subdivides or develops any land
deemed to be a subdivision as herein defined.
Subdivision. All divisions of a tract or parcel of land into two or more lots, building sites
or other divisions for the purpose of sale or building development (whether immediate or
future) and shall include all division of land involving the dedication of a new street or a
change in existing streets; but the following shall not be included within this definition nor
be subject to the regulations authorized by this Ordinance:
(1) The combination or recombination of portions of previously subdivided and
recorded lots where the total number of lots is not increased and the
resultant lots are equal to or exceed the standards of this Ordinance;
(2) The division of land into parcels greater than 10 acres where no street right-
of-way dedication is involved;
KA611:3

(3) The public acquisition by purchase of strips of land for the widening or
opening of streets;
(4) The division of a tract in single ownership whose entire area is no greater
than two acres into not more than three lots, where no street right-of-way
dedication is involved and where the resultant lots are equal to or exceed
the standards of the this Ordinance;
(5) The division of a tract into plots or lots used as a cemetery;
(6) The division of an property among heirs for the sole purpose of settling an
estate.
Surface waters. All waters of the State as defined in NCGS 143-212 except underground
waters
Temporary road. A road constructed temporarily for equipment access to build or replace
hydraulic conveyance structures such as bridges, culverts, pipes or water dependent
structures, or to maintain public traffic during construction.
Toxic Substance. Any substance or combination of substances (including disease
causing agents), which after discharge and upon exposure, ingestion, inhalation or
assimilation into any organism, either directly from the environment or indirectly by
ingestion through food chains, has the potential to cause death, disease, behavioral
abnormalities, cancer, genetic mutations, physiological malfunctions (including
malfunctions or suppression in reproduction or growth) or physical deformities in such
organisms or their off spring or other adverse health effects or waiving a water supply
watershed management requirement adopted by the Environmental Management
Commission that is incorporated into this Ordinance.
Tree. A woody plant with a DBH equal to or exceeding five inches or a stump diameter
exceeding six inches.
Water Dependent Structure. Any structure for which the use requires access to or
proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps,
boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat
supplies, parking lots and commercial boat storage areas are not water dependent
structures.
Watershed. The entire land area contributing surface drainage to a specific point (e.g.
the water supply intake.)
Watershed Administrator. The Randolph County Planning Director who is responsible
for administration and enforcement of this Ordinance.
1 A&I

Watershed Permit. A permit, consistent with the Randolph County central permitting
system, that indicates a specified land use is located in a watershed.
►KO91