WSCO_PASQ_WSWP Ordinance_20200819

PASQUOTANK COUNTY
WATER SUPPLY WATERSHED ORDINANCE
The preparation of this report was financed in part through a grant provided by the North Carolina coastal
Management program, through funds provided by the coastal zone Management act of 1972, as amended, which is
administered by the office of ocean and coastal Resource Management, National oceanic and atmospheric
admi ni strati on.

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PASQUOTANK COUNTY WATER SUPPLY WATERSHED ORDINANCE
TABLE OF CONTENTS
Page
ARTICLE 100: AUTHORITY AND GENERAL REGULATION
Section 101: Title, Authority, Enactment and Preamble 1
Section 102: Short Title 1
Section 103: Exception to Applicability 1
Section 104: Criminal Penalties 2
Section 105: Remedies 2
Section 106: Severability 2
Section 107: Effective Date 2
ARTICLE 200: SUBDIVISION OF LAND
Section 201:
General Provisions 3
Section 202:
Subdivision Application and Review Procedures 3
Section 203:
Subdivision Standards and Required Improvements 4
Section 204:
Construction Procedures 5
Section 205:
Penalties for Transferring Lots in Unapproved Subdivisions 5
ARTICLE 300: DEVELOPMENT REGULATIONS
Section 301:
Establishment of Watershed Areas
5
Section 302:
Watershed Areas Described
5
Section 303:
Cluster Development
8
Section 304:
Buffer Areas Required
9
Section 305:
Rules Governing the Interpretation of Watershed Area Boundaries
9
Section 306:
Application of Regulations
9
Section 307:
Existing Development
10
Section 308:
Watershed Protection Permit
11

Page
.Section 309: Building Penrnit Required 11
Section 310: Watershed Protection Occupancy Permit 11
Section 311: Inspections 12
ARTICLE 400: PUBLIC HEALTH REGULATIONS
Section 401: Public Health, in General 12
Section 402: Abatement 12
ARTICLE 500: ADMINISTRATION, ENFORCEMENT AND APPEALS
Section 501:
Administrator; Duties
12
Section 502:
Appeal from the Watershed Administrator
13
Section 503:
Changes and Amendments to the Water Supply Watershed
Protection Ordinance
13
Section 504:
Public Notice and Public Hearing Required.
14
Section 505:
Fees for Application to Watershed Board of Adjustment
14
section 506:
Establishment of Watershed Review Board
14
Section 507:
Establishment of Watershed Board of Adjustment
14
Section 508:
Powers and Duties of Watershed Board of Adjustment
14
Section 509:
Appeals from the Watershed Board of Adjustment
17
ARTICLE 600: DEFINITIONS
Section 601: General Definitions 17
Section 602: Word Interpretation 21

PASQUOTANK COUNTY WATER SUPPLY WATERSHED ORDINANCE
ARTICLE 100: AUTHORITY AND GENERAL REGULATIONS
Section 101. Title, Authority, Enactment and Preamble.
An Ordinance, in pursuance of the authority granted by the legislature of the State of North Carolina, in
Chapter 153A, Article 6, Section 121, General Ordinance Authority; and in Chapter 143, Article 21, Watershed
Protection Rules, for the purposes of promoting the public health, safety, and general welfare of its citizenry; to
provide for the establishment of watershed regulations within a portion of Pasquotank County where waters flow
directly to the Pasquotank River (WS-N, Pasquotank River Basin) above the potable water intake for the City of
Elizabeth City defined by the State to be critical or protected areas; such regulations which stipulate the density and
intensity of residential, commercial and industrial development use of storm water controls, stream buffers,
sludge/contaminated soil applications, septic/on-site disposal systems, landfills, agricultural vegetative buffers,
roads/transportation systems and recreational activities; to prescribe procedures for applying for approval of
development, vested rights, and appeals; to provide for administration and enforcement including establishment of a
watershed board with duties prescribed in this ordinance; and to supersede any ordinances in conflict with this
ordinance.
WHEREAS; the Board of Commissioners for the County ofPasquotank (the "Board of Commissioners") has
given due notice to adopting the Watershed Ordinance in accordance with the requirements of this Ordinance and
House Bill 124, enacted in 1991;
WHEREAS; all requirements of the General Statutes of North Carolina, with regard to preparation of this
Ordinance and subsequent action of the Board of Commissioners have been met;
NOW THEREFORE, the Board of Commissioners for the County of Pasquotank, North Carolina, does
',ereby ordain and enact into law throughout the area designated on the official Watershed Map(s) of the County of
.'asquotank this ordinance entitled "Pasquotank County Water Supply Watershed Ordinance", this the 16th day of
May, 1994.
Section 102. Short Title.
This ordinance shall be known as the Water Supply Watershed Ordinance of Pasquotank County, North
Carolina. The watershed map(s) referred to in this ordinance, which is identified by the title Official Watershed
Map _of Pasquotank County, North Carolina shall be known as the "Watershed Map". This ordinance and map shall
be permanently kept on file in the office of the Pasquotank County Watershed Administrator.
Section 103. Exceptions to Applicability.
a. Nothing contained in this ordinance shall repeal, modify, or amend any Federal or State law or regulation,
or any ordinance which these regulations specifically replace.
b. It is not intended that these regulations interfere with any easements, covenants or other agreements
between parties. However, if the provisions of this ordinance impose greater restrictions or higher standards for the
use of a building or land, then the provisions of this ordinance shall control.
c. Existing development, as defined in this ordinance, is not subj ect 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.
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d. If a nonconforming lot of record is not contiguous to any other lot owned by the same party, then that lot
of record shall not be subject to the development restrictions of this ordinance if it is developed for single-family
residential purposes. Any lot or parcel created as part of a family subdivision after the effective date of these rules
shall be exempt from these rules if it is developed for one single-family detached residence and if it is exempt from
local subdivision regulation. Any lot or parcel created as part of any other type of subdivision that is exempt from a
local subdivision ordinance shall be subject to the land use requirements (including impervious surface
requirements) of these rules, except that such a lot or parcel must meet the minimum buffer requirements to the
maximum extent practicable.
Section 104. Criminal Penalties.
Any person violating any provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction,
shall be punished by a fine of not more than $500.00 or imprisonment for not more than 30 days. Each day any
violation of this ordinance continues shall constitute a separate offense.
Section 105. Remedies.
a. If any subdivision, development or land use is found to be in violation of this ordinance, the Administrator
or his designee may, in addition to all other remedies available either in law or in equity, institute a civil penalty in
the amount of $50.00; action or proceedings to restrain, correct, or abate the violation; to prevent occupancy of the
building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises. Each
day that the violation continues shall constitute a separate offense.
b. If the Administrator or the Enforcement Officer for Pasquotank County finds that any of the provisions of
this ordinance are being violated, the Administrator or the Enforcement Officer shall notify in writing the person
responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it.
The Administrator or the Enforcement Officer shall order discontinuance of the illegal use of land, buildings or
structures; removal of illegal buildings or structures, or of additions, alterations or structural changes to illegal
Gtructures; discontinuance of any illegal work being done; or shall take any action authorized by this ordinance to
:Insure compliance with or to prevent violation of its provisions. If a ruling of the Administrator or the Enforcement
Officer is questioned, the aggrieved party or parties may appeal such ruling to the Watershed Board of Adjustment.
Section 106. 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 of this
ordinance that is not specifically declared to be invalid or unconstitutional,
Section 107. Effective Date.
This ordinance shall take effect on May 27, 1994.
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ARTICLE 200: SUBDIVISION OF LAND
ection 201. General Provisions.
a. No subdivision plat of land within the 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 ordinance. Likewise, the Pasquotank
County 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 ordinance.
b. The approval of a plat does not constitute or effect the acceptance by Pasquotank County or the public of
the dedication of any street or other ground, easement, right -of- way, public utility line, or other public facility
shown on the plat and shall not be construed to do so.
c. All subdivisions shall conform with the mapping requirements contained in G.S. 47-30 and the
Pasquotank County Subdivision Regulations enacted March, 1989.
d. All subdivisions of land within the jurisdiction of Pasquotank County after the effective date of this
ordinance shall require compliance with the provisions of this ordinance prior to or concurrent with approval of a
final plat prepared, approved, and recorded pursuant to the Pasquotank County Subdivision Regulations,
Section 202. Subdivision. Application and Review Procedures.
a. All proposed subdivisions shall be reviewed by the Administrator for conformance with this ordinance
prior to recording with the Register of Deeds to determine whether or not the property is located within the
designated Water Supply Watershed. Subdivisions that are not within the designated watershed area shall not be
subject to the provisions of this ordinance and may be recorded provided the Administrator initials the plat.
Subdivisions within the designated watershed area are subject to the provisions of this ordinance only when an
erosion and sedimentation plan is required under the provisions of state law, or approved local program.
ubdivisions within the designated watershed area shall comply with the provisions of this ordinance and all other
state and local requirements that may apply.
b. The Administrator shall conduct a preliminary review of the subdivision's preliminary plat, which plat
shall be submitted at a scale of 1 inch equals 100 feet or larger. The Administrator shall either approve, approve
conditionally or disapprove each application. The Watershed Administrator shall take final action on the
preliminary plat within forty-five (45) days of submission of the application. The Administrator or the Board may
provide public agencies an opportunity to review the proposed subdivision plat and make recommendations.
However, failure of the agencies to submit their comments and recommendations shall not delay action within the
prescribed time limit. Public agencies may include, but are not limited to, the following:
(1) The District Highway Engineer with regard to proposed streets and highways.
(2) The Director of the Health Department with regard to proposed private water system or
sewer systems normally approved by the Health Department.
(3) The state Division of Environmental Management with regard to proposed sewer systems
normally approved by the Division, engineered storm water controls or storm water
management in general.
(4) Any other agency or official designated by the Administrator or Watershed Review Board.
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c. If the Watershed Administrator approves the subdivision, such approval shall be indicated on two (2)
copies of the plat by the following certificate and signed by the Watershed Administrator:
Certificate of Approval for
I certify that this plat complies with the Water Supply Watershed Ordinance and is approved by the Watershed
Review Board for recording in the Register of Deeds office.
Date Watershed Administrator
NOTICE: THIS PROPERTY IS LOCATED WITHIN A PUBLIC WATER SUPPLY WATERSHED -
DEVELOPMENT RESTRICTIONS MAY APPLY,
d. If the Watershed Administrator disapproves or approves conditionally the application, the reasons for
such action shall be stated in writing for the applicant and entered in the minutes. The subdivider may make changes
and submit a revised plan which shall constitute a separate request for the purpose of review.
e. All subdivision plats within the watershed boundaries as delineated on the Watershed Map shall comply
with these requirements for recording of deeds.
£ The plat shall be recorded within ninety (90) days of approval. The subdivider shall provide the
Administrator with evidence the plat has been recorded with the Register of Deeds within five (5) working days of
ecordation.
Section 203. Subdivision Standards and Required Improvements.
a. All lots shall provide adequate building space in accordance with the development standards contained in
Article 300 of this Ordinance. Lots which are smaller than the minimum required for residential lots may be
developed using built -upon area criteria in accordance with Article 300.
b. 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.
c. Storm Water Drainage Facilities. Any application for preliminary plat approval being submitted and lying
within the boundaries of the watershed as depicted on the Watershed Map shall be accompanied by a proposed
stormwater drainage plan. The plan shall provide for a drainage system that diverts storm -water runoff away from
surface waters and incorporates best management practices to minimize water quality impacts. The subdivider shall
provide a written statement that the plan has been submitted to and approved by the N.C. Division of Environmental
Management, Water Quality Section.
d. Erosion and Sedimentation Control. The applications described in Section 203c above shall, where
required, be accompanied by a written statement that a Sedimentation and Erosion Control Plan has been submitted
to and approved by the N.C. Division of Land Quality.
e. Road Constructed in Critical Areas and Watershed Buffer Areas. Where possible, roads shall be located
outside the critical areas and watershed buffer areas. Roads constructed within these areas shall be designed and
constructed so to minimize their impact on water quality.
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Section 204. Construction Procedures.
a. No construction or installation of improvements, other than survey monuments, flags or stakes shall
-commence in a proposed subdivision within the watershed boundaries until the subdivision has been reviewed and
approved by the Watershed Review Board.
b. Within the watershed boundaries no building or other permits shall be issued for erection of a structure on
any lot not of record at the time of adoption of this ordinance until all requirements of this ordinance have been met.
The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the
Administrator to provide for adequate inspection.
Section 205. Penalties for Transferring Lots in Unapproved Subdivisions.
Any person who, being the owner or agent of the owner of any land located within the jurisdiction of
Pasquotank County, thereafter subdivides his land in violation of this ordinance or transfers or sells land by
reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been
properly approved under this ordinance and recorded in the office of the Register of Deeds, shall be guilty of a
misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the
process of selling or transferring land shall not exempt the transaction from this penalty. Pasquotank County may
bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall,
upon appropriate findings, issue an injunction and order requiring the offendingparty to complywith this ordinance.
ARTICLE 300: DEVELOPMENT REGULATIONS
Section 301. Establishment of Watershed Areas.
a. The purpose of this Article is to list and describe the watershed areas adopted in this ordinance.
b. For purposes of this ordinance, areas within Pasquotank County are divided into the following areas, as
appropriate.
WS-IV-CA (Critical Area)
WS-IV-PA (Protected Area)
Section 302. Watershed Areas Described.
a. WS-IV Watershed Areas - Critical Area WS-TV-CA . 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-1V watershed. Single family residential development shall be
allowed at a maximum of two (2) dwelling units per acre. All other residential and nonresidential development shall
not exceed twenty-four percent (24%) impervious coverage, New residuals application sites and landfills are
specifically prohibited.
(1) Allowed Uses:
(a)
(b)
Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15 NCAC 11.6101-.0209).
(c) Residential.
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(d) Non-residential development, excluding:
1) landfills; and
2) sites for land application of residuals or petroleum contaminated soils.
(2) Density and Built -upon Limits:
(a) Single Family Residential --development shall not exceed two dwelling units per acre
on a proj ect by proj ect basis. No single family residential lot shall be less than one-
half (1 /2) acre (or 20,000 square feet excluding roadway right-of-way) except within
an approved cluster development.
(b) All Other Residential and Non-residential-- development shall not exceed twenty-
four percent (24%) built -upon area. For the purpose of calculating the built -upon
area, total project area shall include total acreage in the tract on which the project is
to be developed.
(3) Erosion/Sedimentation Control Plan Waiver:
(a) The person(s) conducting the land disturbing activities need not submit a local erosion
control plan if such persons obtain an Erosion Control Plan Waiver Certificate from
the Administrator. An application for this form shall be submitted containing the
name, address, and telephone number of the developer and owner, a description and
drawing of the proposed development or activity, the location of the development,
and any other information requested by the Administrator that is necessary to
evaluate the proposed development. The Administrator shall issue the Erosion
Control Plan Waiver Certificate if the Administrator finds that the land -disturbing
activity will result in uncovering less than one (1) acre and:
(1) The land -disturbing activity is not to be conducted with any of the following
types of development:
a. Any activity involving the temporary or permanent storage (above or
below ground) of any toxic or hazardous substance, including fuel
storage facilities;
b. Shopping centers;
c. Industrial and commercial facilities; or
d. Major subdivisions.
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b. WS-IV Watershed Areas - Protected Area (WS-IV-PA). 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.
(1) Uses Allowed:
(a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990;
(b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15 NCAC 1I.6101-.0209);
(c) Residential development; and
(d) Non-residential development.
(2) Density and Built -upon Limits:
(a) Single -Family Residential —developments with curb and gutter street systems shall
not exceed two (2) dwelling units per acre or twenty-four percent (24%) built upon
area. Developments without curb and gutter street systems shall not exceed three (3)
dwelling units per acre or thirty-six percent (36%) built upon area. No single family
residential lot shall be less than one-half (1/2) acre (or 20,000 square feet excluding
roadway right -of --way), or one-third (1/3) acre for projects without a curb and gutter
street system except within an approved cluster development, consistent with zoning
regulations.
(b) All Other Residential and Non -residential —developments with curb and gutter street
systems shall not exceed twenty-four percent (24%) built -upon area. For projects
without a curb and gutter street system, development shall not exceed thirty-six
percent (36%) built -upon area. 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.
(C) [OPTIONAL FOR LOCAL GOVERNMENTS THAT DO NOT CHOOSE TO
INCORPORATE THE HIGH DENSITY OPTION] In addition to the
development allowed under paragraphs (a) and (b) above, new development and
expansions to existing development may occupy up to ten percent (10%) of the
protected area with up to seventy percent (70%) built -upon area on a project by
project basis, when approved as a special intensity allocation (SIA.). The Watershed
Administrator is authorized to approve SIAs consistent with the provisions of this
ordinance. Projects must, to the maximum extent practicable, minimize built -upon
surface area, direct stormwater away from surface waters and incorporate Best
Management Practices to minimize water quality impacts. For the purpose of
calculating built -upon area, total project area shall include total acreage in the tract on
which the project is to be developed.
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(3) Erosion/Sedimentation Control Plan Waiver:
(a) The person(s) conducting the land disturbing activities need not submit a local erosion
control plan if such persons obtain an Erosion Control Plan Waiver Certificate from
the Administrator. An application for this form shall be submitted containing the
name, address, and telephone number of the developer and owner, a description and
drawing of the proposed development or activity, the location of the development,
and any other information requested by the Administrator that is necessary to
evaluate the proposed development. The Administrator shall issue the Erosion
Control Plan Waiver Certificate if the Administrator finds that the land -disturbing
activity will result in uncovering less than one (1) acre and:
(1) The land -disturbing activity is not to be conducted with any of the following
types of development:
a. Any activity involving the temporary or permanent storage (above or
below ground) of any toxic or hazardous substance, including fuel
storage facilities;
b. Shopping centers;
C. Industrial and commercial facilities; or
d. . Major subdivisions.
Section 303. Cluster Development.
a. - Cluster development is allowed in the watershed area under the following conditions:
(1) Minimum lot sizes are not applicable to. single family cluster development projects; however,
the total number of lots or dwelling units shall not exceed the number of lots or dwelling
units allowed for single family detached developments as provided in Section 302 of this
ordinance. Density or built -upon area for the project shall not exceed that allowed for the
critical area or protected area, whichever applies;
(2) All built -upon areas shall be designed and located to minimize storm water runoff impact to
the receiving waters and minimize concentrated stormwater flow; and
(3) 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 Register of Deeds.
Section 304. Buffer Areas Required.
a. A minimum one hundred (100) foot vegetative buffer is required for all new development activities that
exceed the low density option; otherwise, a minimum thirty (30) foot vegetative buffer for development activities is
required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale
topographic maps or as determined by local government studies. Desirable artificial streambanic or shoreline
stabilization is permitted.
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b. No new development is allowed in the buffer except for water dependent structures, other structures
such as flag poles, signs and security lights which result in only diminutive increases in impervious area and public
,)rojects 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.
Section 305. Rules Governing the Interpretation of Watershed Area Boundaries.
a. Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed Map, the
following rules shall apply:
(1) Where area boundaries are indicated as approximately following either street, alley, highway lines, or
centerlines thereof, such lines shall be construed to be the watershed boundaries.
(2) Where area boundaries are indicated as approximately following lot lines, such lot lines shall be
construed to be the watershed boundaries. However, a surveyed plat prepared by a registered land
surveyor may be submitted to Pasquotank County as evidence that one or more properties along
these boundaries do not lie within the watershed area.
(3) Where area boundaries lie at a scaled distance more than twenty-five (25) feet from any parallel lot
line, the location of watershed boundaries shall be determined by use of the scale appearing on the
Watershed Map.
b. Where area boundaries he at a scaled distance of twenty-five (25) feet or less from any parallel lot line,
the location of watershed boundaries shall be construed to be the lot line.
c. Where other uncertainty exists, the Administrator shall interpret the Watershed Map as to location of such
boundaries. This decision may be appealed to the Watershed Review Board.
i
Section 306. Application of Regulations.
a. No building or land shall be used and no development shall take place except in conformity with the
provisions of this ordinance 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 307. Existing ]Development.
a. Existing development as defined in this ordinance, may be continued and maintained subject to the
provisions provided in 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 built -upon area calculations.
(1) Uses of Land. This category consists of uses existing at the time of adoption of this ordinance where
such use of the land is not permitted to be established by this ordinance in the watershed area in which it is located.
Such uses may be continued except as follows:
a) When prohibited use of land has been changed to an allowed use, it shall not
thereafter revert to any prohibited use;
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b) Prohibited use of land shall be changed only to an allowed use; or
c) When prohibited use ceases for a period of at least one year, it shall not be re-
established.
(2) Reconstruction of Buildings or Built-u on Areas. Any existing building or built -upon area not in
conformance with the restrictions of this ordinance that has been damaged or removed may be repaired and/or
reconstructed, except that there are no restrictions on single family residential development, provided:
a) The building or built upon area is in conformance with all other applicable
ordinances of Pasquotanh County;
b) Repair or reconstruction is initiated within twelve (12) months and completed within
two (2) years of such damage; and
c) 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 308. Watershed Protection Permit.
a. 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 the building or land be made until a Watershed
Protection Permit has been issued by the Administrator. 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 Administrator. The application shall
include a completed application form (see Appendix A) and supporting documentation deemed necessary by the
Administrator.
c. Prior to issuance of a Watershed Protection Permit, the Administrator may consult with 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 is not
obtained by the applicant within twelve (12) months from the date of issuance.
Section 309. Building Pertnit Required.
No permit required under the North Carolina State Building Code shall be issued for any activity for which
a Watershed Protection Permit is required until the Watershed Protection Permit has been issued.
Section 310. Watershed Protection Occupancy Permit.
a. The Administrator or his designee shall issue a Watershed Protection Occupancy Permit certifying that all
requirements of this ordinance have been met prior to 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. The building must have received approval by the Building
Inspector for coynpliance with the North Carolina State Building Code prior to issuance of the Watershed Protection
Occupancy Pen -nit.
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c. When only a change in use of land or existing building occurs, the Watershed Administrator or his
designee shall issue a Watershed Protection Occupancy Permit certifying that all requirements of this ordinance have
been met coincident with the Watershed Protection Permit.
d. No building or structure which has been erected, moved or structurally altered maybe occupied until the
Administrator has approved and issued a Watershed Protection Permit.
Section 311. Inspections.
a. The Inspections Division of the Pasquotank County Planning and Inspections Department has the duty in
furtherance of this ordinance to:
(1) make all necessary inspections to insure compliance with this ordinance;
(2) issue or deny certificates of compliance;
(3) issue or deny certificates of occupancy;
(4) issue stop work orders or orders to correct violations;
(S) maintain adequate records of permits issued or denied, inspections made, corrections ordered, and
certificates issued; and
(6) take other actions that may be required to adequately enforce this ordinance.
ARTICLE 400: PUBLIC HEALTH REGULATIONS
Section 401. Public Health.
No activity, situation, structure or land use which poses a threat to water quality and the public health, safety and
welfare shall be allowed within the watershed. 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 improper management of stormwater runoff; or any
other situation found to pose a threat to water quality.
Section 402. Abatement.
a. The Administrator or his designee shall monitor land use activities within the watershed areas to identify
situations that may pose a threat to water quality.
b. The Administrator or his designee shall report all findings to the Watershed Review Board. The
Administrator may consult with any public agency or official and request recommendations.
c. Where the Watershed Review Board finds a threat to water quality and the public health, safety and
welfare, the Watershed Review Board shall institute any appropriate action or proceeding to restrain, correct or abate
the condition and/or violation.
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ARTICLE 500: ADMINISTRATION, ENFORCEMENT .AND APPEALS
6ection 501. Administrator; Duties
a. The County of Pasquotank shall appoint an Administrator, who shall be duly sworn.
b. It shall be the duty of the Administrator to administer and enforce the provisions of this ordinance as
follows;
(1) The Administrator shall issue Watershed Protection Permits and Watershed Protection Occupancy
Permits as prescribed in this ordinance. A record of all permits shall be Dept on file and shall be
available for public inspection during regular office hours of the Administrator.
(2) The Administrator or his designee shall serve as clerk to the Watershed Review Board.
(3) The Administrator shall keep records of all amendments to this ordinance and shall provide copies of
all amendments upon adoption to the Water Quality Division of the N.C. Department Division of
Environment and Natural Resources.
(4) The Administrator is granted the authority to administer and enforce the provisions of this ordinance.
The Administrator, or the Administrator's designee, may enter any building, structure, or premises,
as provided by law, to perform any duty imposed by this ordinance.
(5) The Administrator shall keep a record of variances to this ordinance. This record shall be submitted
for each calendar year to the Local Government Assistance Unit of the Division of Water Quality on
or before January I st of the following year and shall provide a description of each project receiving a
variance and the reasons for granting the variance.
,section 502. Appeal from the Watershed Administrator.
a. Any order, requirement, decision or determination made by the Administrator maybe appealed to and
decided by the Watershed Board of Adjustment.
b. An appeal from a decision of the Administrator must be submitted to the Watershed Board of
Adjustment within thirty (30) days from the date the order, interpretation, decision or determination is made. All
appeals must be made in writing stating the reasons for the appeal. Following submission of an appeal, the
Administrator shall transmit to the Watershed Board of Adjustment all papers constituting the record upon which the
action appealed from was taken.
c. An appeal stays all proceedings in furtherance of the action appealed, unless the Administrator certifies to
the Watershed Board of Adjustment after the notice of appeal has been filed with the Administrator, that by reason
of facts stated in the certificate, a stay would in the Administrator's opinion cause imminent peril to life or property.
In that case proceedings may not be stayed except by a restraining order, which may be granted by the Watershed
Board of Adjustment or by a court of record on application, on notice to the Administrator and on due cause shown.
d. The Watershed Board of Adjustment shall fix a reasonable time for hearing the appeal and give notice of
the hearing to the parties and shall decide the appeal within areasonable time. At the hearing, any party may appear
in person, by agent or by attorney.
Section 503. Changes and Amendments to the Water Supply Watershed Protection Ordinance.
a. The Pasquotank 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 in
.his ordinance.
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b. No action shall betaken until the proposal has been submitted to the Watershed Review Board for review
and recommendations. The Watershed Review Board shall have forty-five (45) days from the time the proposed
amendment is submitted in which to make its recommendation. If the Watershed Review Board fails to submit a
report within forty-five (45) days, the Pasquotank County Board of Commissioners may proceed as though a
favorable report had been received, The Pasquotank County Board of Commissioners is not bound by the
recommendations, if any, of the Watershed Review Board.
c. Under no circumstances shall the Pasquotank County Board of Commissioners adopt amendments,
supplements or changes that would cause this ordinance to violate the watershed protection rules as adopted by the
N.C. Environmental Management Commission. All amendments shall be filed with the N.C. Division of Water
Quality, N.C. Division of Environment and Natural Resources, and the N.C. Division of Community Assistance.
Section 504. Public Notice and Public Hearing Required.
Before adopting or amending this ordinance, the Pasquotank County 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 county. The notice shall be published for
the first time not less than ten (10) nor more than twenty-five (25) days before the date set for the hearing.
Written notification must be forwarded by first class mail to each local government having jurisdiction
within the watershed and to the entity using the water supply for consumption where an amendment or a variance is
being considered. Prior to the request being reviewed by the Watershed Review Board each governmental entity
shall be allowed thirty (30) days (from the date the notices are mailed) to respond with any concerns.
Section 505. ]Fees for Application to Watershed Board of Adjustment.
Application fees for variances or appeals to the Watershed Board of Adjustment shall be established by the
?asquotank County Board of Commissioners, in order to cover necessary administrative costs and advertising
Expenses. Fees shall be paid prior to the placement of an item on any agenda of the Watershed Board of
Adjustment.
Section 506. Establishment of Watershed Review Board.
The Pasquotank County Planning Board, consisting of seven (7) members appointed by the Pasquotank
County Board of Commissioners, shall serve as the Watershed Review Board. Officers and duties, rules of conduct
for members, and meeting procedures shall be conducted in accordance with the Rules of Procedure for the
Pasquotank County Planning Board (July 15, 1993 and any subsequent amendments) described in Appendix I.
Section 507. Establishment of Watershed Board of Adjustment.
The Pasquotank County Zoning Board of Adjustment, consisting of five (5) active members and two (2)
alternate members appointed by the Pasquotank County Board of Commissioners, shall serve as the Watershed
Board of Adjustment. Officers and duties, rules of conduct for members, and meeting procedures shall be conducted
in accordance with Rules of Procedure for the Zoning Board of Adjustment (February 1, 1993 and any subsequent
amendments) described in Appendix 11.
Section 508. Powers and Duties of Watershed Board of Adjustment.
a. Administrative Review, The Watershed Board of Adjustment shall hear and decide appeals from any
decision or determination made by the Administrator in the enforcement of this ordinance.
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b. Variances. The Watershed 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 ordnance shall be observed, public safety and welfare secured and substantial justice done.
1. The Administrator shall notify and allow a reasonable comment period for all other local
governments having jurisdiction in the designated watershed where the variance is being
considered.
2. Applications for a variance shall be made on the proper form obtainable from the
Administrator and shall include the following information:
(i) A site plan, drawn to a scale of at least one (1) inch to fifty (50) feet, indicating the
property lines of the parcel upon which the use is proposed; any existing or proposed
structures; parking areas and other built -upon areas; surface water drainage. The site
plan shall be neatly drawn and indicate north point, name and address of person who
prepared the plan, date of original drawing, and an accurate record of .any later
revisions.
(ii) A complete and detailed description of the proposed variance, together with any other
pertinent information which the applicant feels would be helpful to the Watershed
Board of Adjustment in considering the application.
(iii)The Administrator shall notify in writing each local government having jurisdiction in
the watershed. Notice shall include a description of the variance being requested.
Local governments receiving notice of the variance may, within thirty (30) days from
the date notice is issued, submit continents to the Administrator prior to a decision by
the Watershed Board of Adjustment. The comments shall become a part of the
record of proceedings of the Watershed Board of Adjustment.
3. B efore the Watershed 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:
(i) 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 Watershed Board of Adjustment must find and
conclude that the five following conditions exist:
a) If the applicant complies with the provisions of the ordinance, the applicant
can secure no reasonable return from, nor make reasonable use of, his
property. Merely proving that the variance would permit a greater profit to be
made from the property will not be considered adequate to j ustify the granting
of a variance. Moreover, the Watershed Board of Adjustment shall consider
whether the variance is the minimum possible deviation from the terms of the
ordinance that will make possible the reasonable use of the applicant's
property.
b) The hardship results from the application of the ordinance to the property
rather than from other factors such as deed restrictions or other hardship.
c) 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.
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d) 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 Watershed Board of
Adjustment for relief.
e) The hardship is particular 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.
(ii) The variance is in harmony with the general purpose and intent of the ordinance and
preserves its spirit.
(iii) In the granting of the variance, the public safety and welfare have been assured and
substantial justice has been done. The Board of Adjustment shall not grant a variance
if it finds that doing so would in any respect impair the public health, safety, or
general welfare.
4. In granting the variance, the Watershed Board of Adjustment may attach 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, construction, alteration or use
shall be in accordance with the approved site plan.
5. The Watershed 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.
6. 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 the use is
not obtained by the applicant within six (6) months from the date of the decision.
7. If the application calls for the granting of a major variance, and if the Watershed Board of
Adjustment decides in favor of granting the variance, the Watershed Board of Adjustment
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;
(e) Proposed findings and exceptions;
(f) The proposed decision, including all conditions proposed to be added to the permit.
8. The preliminary record shall be sent to the N.C. Environmental Management Commission
for its review as follows;
(i) If the Commission concludes from the preliminary record that the variance qualifies
as a major variance and that.
a) the property owner can secure no reasonable return from, nor make any
practical use of the property unless the proposed variance is granted; and
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b) 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 Board of Adjustment. If the
Commission approves the variance as proposed, the Watershed Board ofAdjustment
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,
(ii) If the Commission concludes from the preliminary record that the variance qualifies
as a major variance and that:
a) the property owner can secure a reasonable return from or make a practical
use of the property without a variances or
b) 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 Watershed Board of Adjustment.
The Board shall prepare a final decision denying the variance as proposed.
Section 509. Appeals from the Watershed Board of Adjustment.
Each decision of the Watershed Board of Adjustment is subj ect to review by the Pasquotank County Superior
Court by proceedings in the nature of certiorari. Any petition for review by the Pasquotank County Superior Court
shall be filed with the Pasquotank County Clerk of Superior Court within 30 days after the decision of the Watershed
'I,oard of Adjustment is filed in the office of the Administrator, or after a written copy of the decision is delivered to
very aggrieved party who has filed a written request for a copy of the decision with the Administrator or Chairman
of the Watershed Board of Adjustment at the time of its hearing of the case, whichever is later. The decision of the
Watershed Board of Adjustment may be delivered to the aggrieved party either by personal service or by registered
or certified mail return receipt requested.
ARTICLE 600: DEFINITIONS
Section 601. General Definitions.
Administrator. An official or designated person of the Pasquotank County Commission responsible far
administration and enforcement of this ordinance.
Agricultural Use. The use of waters for stock watering, irrigation, and other farm purposes.
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. Any natural buffer from the wetland boundary line as defined by the U.S. Corps of Engineers or an area of
natural or planted vegetation through which storm water runoff flows on 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,
assageway, carport or other such open structure, with or without a roof, shall not be deemed to make them one
building.
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Built -upon area. Built -upon areas should 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,
aths), and recreation facilities of whatever nature. Wooden slatted decks and the water area of a swimming pool
are considered pervious.
Cluster Development. The grouping of buildings in order to conserve land resources and provide for innovation in
the design of the project including minimizing stormwater runoff impacts. This term includes non-residential
development as well as single-family residential and multi- family developments. For the purpose of this ordinance,
planned unit developments and mixed use development are considered as cluster development.
Critical Area. The area adj acent 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 one-half (1/2) 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 (1/2) mile.
Development. Any land disturbing activity which adds to or changes the amount of impervious or partially
impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil,
Discharging Landfill. A landfill which discharges treated leachate and which requires a National Pollution
Discharge Elimination System (NPDES) permit.
Dwelling Unit. A building, or portion thereof, providing complete and permanent living facilities for one family.
Existing Development. Those projects that are built on those projects that at a minimum have established a vested
right under North Carolina zoning law as of the effective date of this ordinance based on at least one of the following
"nteria:
(1) substantial expenditures of resources (time, labor, money) based on a good faith reliance upon
having received a valid local government approval to proceed with the project, or
(2) having an outstanding valid building permit as authorized by the General Statutes (G.S.153A-344.1
and G.S. 160A-385.1), or
(3) having an approved site specific or phased development plan as authorized by the General Statutes
(G.S. 153A-344.1 and G.S. 160A-385.1).
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 Pasquotanlc County Register of Deeds prior to the adoption of this ordinance, or a lot described by metes and
bounds, the description of which has been so recorded prior to the adoption of this ordinance.
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 (5) 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,
Family Subdivision. Family subdivision means a division of a tract of land: (a) to convey the resulting parcels,
with the exception of parcels retained by the grantor, to a relative or relatives as a gift or for nominal consideration,
but only if no more than one parcel is conveyed by the grantor from the tract to any one relative; or (b) to divide land
from a common ancestor among tenants in common, all of whom inherited by intestacy or by will.
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Industrial Development. Any non-residential 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.
Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance with the Chapter
130A, Article 9 of the N.C. 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 the relaxation, by a factor greater than ten percent (10%), of any
management requirements, such as buffer, density or built upon area.
Minor Variance. A variance from the minimum statewide watershed protection rules that results in a relaxation, by
a factor of up to ten (10) percent of any management requirement, such as buffer, density or built -upon area.
Nonconforming Lot of Record. A lot described by a plat or a deed that was recorded prior to the effective date of
local watershed protection regulations (or their amendments) 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.
Plat. A map or plan of a parcel of land which is to be, or has been subdivided according to the Pasquotank County
Subdivision Regulations.
Protected Area. The area adjoining and upstream of the critical area of WS-IV watersheds. The boundaries of the
drotected area are defined as within five miles of and draining to the normal pool elevation of the reservoir or to the
ridgelinc of the watershed; or within 10 miles upstream and draining to the intake located directly in the stream or
river or to the ridgeiine 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.
Residuals. Any solid or semi -solid waste generated from a wastewater treatment plant, water treatment plant or air
pollution control facility permitted under the authority of the Environmental Management Commission.
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,
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 pennanent location on the land.
ME

Subdivider. Any person, firm or corporation who subdivides or develops any land deemed to be a subdivision as
defined in this ordinance.
M
Subdivision.. All divisions of a tractor parcel of land (in addition to the undivided remaining portion of the original
undivided tract) into two or more lots, building sites, or other divisions for the purpose of sale or building
development (whether immediate or future) and includes all division of land involving the dedication of a new street
or a change in existing streets; however, the following is not included within this definition and is not subject to any
regulations enacted pursuant to this Part:
(1) The combination or recombination of portions of previously subdivided or recorded lots if the total
number of lots is not increased and the resultant lots are equal to or exceed the standards of the
county as shown in its subdivision regulations;
(2) The division of land into parcels greater than ten (10) acres if no street right-of-way dedication is
involved;
(3) The public acquisition by purchase of strips of land for widening or opening streets;
(4) The division of a tract in single ownership the entire area of which is no greater than two acres into
not more than three lots, if no street right-of-way dedication is involved and if the resultant lots are
equal to or exceed the standards of the county as shown by its subdivision regulations;
(5) The division of a tract of land into one lot where:
a. The lot fronts upon a State -maintained road;
b. The lot is served by a public water system;
c. The lot is large enough to meet applicable State and local health codes and other local
ordinances; and
(d) The gift by a property owner of a single lot to the property owner's child or parent or to each of the
property owner's children or parents where:
a. The lot fronts upon a State -maintained road;
b. The lot is served by a public water system; and
C. The lot is large enough to meet applicable State and local health codes and other local
ordinances.
This exemption shall be for a one-time gift of a single lot to each child or parent of the property
owner. A gift of any additional lot to the same child or parent shall require compliance with the county's subdivision
ordinance.
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 offspring or other adverse health effects.
Variance. A permission to develop or use property granted by the Watershed Board of Adjustment relaxing or
waiving a water supply watershed management requirement adopted by the N.C. Environmental Management
Commission that is incorporated into this ordinance.
Water Dependent Structure. Any structure for which the use requires access to or proximity to or siting within
surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary facilities
;uch as rest-aurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water
dependent structures.
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Watershed. The entire land area contributing surface drainage to a specific point (e.g., the water supply intake).
Watershed TV. Waters protected as water supplies which are generally in moderately to highly developed
watersheds. Point source discharges of treated wastewater are permitted pursuant to Rules .0104 and .0216 of
subchapter 2B, Surface Water and Wetland Standards, of the Division of Water Quality Rules Manual.
Section 602. Word Interpretation.
For the purpose of this Ordinance, certain words shall be interpreted as follows:
Words in the present tense include the future tense.
Words used in the singular number include the plural, and words used in the plural number include the
singular, unless the natural construction of the wording indicates otherwise.
The word "person" includes a firm, association, corporation, trust, and company as well as an individual.
The word "structure" shall include the word "building".
The word "lot" shall include the words "plot", "parcel", or "tract".
The word "shall" is always mandatory and not merely directory.
The word "will" is always mandatory and not merely directory.
AMENDMENTS
07-15-2002 To add and delete language as proposed by DWQ to
clarify language and agencies. This amendment also
includes the 10/70 Option in Section 302.
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