Loading...
HomeMy WebLinkAboutWSCO_HARN_WSWP Ordinance_20210104UNIFIED DEVELOPMENT ORDINANCE .An HARNETT COUNTY, NORTH CAROLINA Water Supply Watershed applicable sections: ARTICLE X. NATURAL RESOURCES.....................................................................................................................5 SECTION 4.0 WATER SUPPLY WATERSHED................................................................................................................................... 6 ARTICLE XI. ADMINISTRATION & BOARDS.....................................................................................................11 SECTION 6.0 WATERSHED REVIEW BOARD............................................................................................................................... I I Article I. General Provisions Section 9.0 Repeal Provisions The provisions and requirements of this Ordinance supersede all the provisions and requirements of the pre-existing Harnett County Subdivision Regulations and Zoning, Vested Rights, Flood Damage Prevention, Water Supply Watershed Management and Protection, Manufactured Home Park, Communications Tower, Airport Height Control, and Historic Preservation Ordinances. Article III. development & subdivision Review, Permitting, & Approval requirements 2.1 Watersupply Watershed Development Permit Except for a single family residence constructed on a lot deeded prior January 1, 1994, 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 that permit has been issued. 2.5.1 Watershed Protection Permit For purposes of this Ordinance, the land use and zoning permit shall serve as the 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 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 and any 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 for such use is not obtained by the applicant within 12 months from the date of issuance. 2.5.2 Watershed Protection Occupancy Permit For purposes of this Ordinance, the required zoning inspection, performed under the direction of the Administrator, and certificate of occupancy shall serve as the Watershed Protection Occupancy Permit. A. The Administrator 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 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 Administrator 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 Administrator shall notify the applicant in writing stating the reasons for denial. E. No building or structure which has been erected, moved, or structurally altered may be occupied until the Administrator has approved and issued a Watershed Protection Occupancy Permit. 2.5.3 Special Nonresidential Intensity Allocation A Special Nonresidential Intensity Allocation (SNIA) may be permitted for nonresidential uses. The Harnett County Watershed Review Board is authorized to approve SNIA's as consistent with the provisions of this Ordinance. Section 4.0 Site Plan Review Requirements 4.1.1 Site Plan Requirements In order for a site plan to be considered complete, the applicant shall submit a site plan according to the table below. A professional survey drawn site plan shall be required for all multifamily residential, and neighborhood, community, and regional site plans. A survey drawn site plan shall be required for minor site plans if located in the Highway Corridor or Military Overlay Zoning District, or within the Airport Height Control, Water Supply Watershed, or Flood Plain regulations, or if the development is located on a nonconforming lot of record or structural nonconformity. SINGLE- MULTI- FAMILY FAMILY NEIGHBOR REGIONA SIDENT SIDENT MINOR -HOOD COMMUNIT L SITE IAL IAL SITE PLAN SITE PLAN Y SITE PLAN PLAN TITLE BLOCK INFORMATION Watershed District Noted & X X X X X X Extent of Coverage Depicted 7.3 Office & Institutional Development Plan I. Watershed Requirements Where applicable all proposed developments shall take into consideration watershed requirements. Therefore a detailed analysis of the current and proposed impact on the watershed along with certification that the proposed development will meet all watershed regulations especially in regards to impervious surface calculations shall be approved with the development plan. Section 8.0 Subdivision Review Procedures 8.2.1 Subdivision Plat/Plan Requirements In order for a subdivision plat/plan, exempt map, or master sketch plan to be considered complete, the applicant shall submit a site plan according to the table below: PRELIMINA MINOR RY FINAL MASTER EXEMPT SUBDIVISI SUBDIVISIO SUBDIVISI SKETCH PLAT ON N ON PLAN TITLE BLOCK INFORMATION Watershed District Noted & Extent of Coverage Depicted X X X X X Article VII. Development Design Guidelines Section 3.0 Parking & Off -Street Loading Requirements 3.1.8 Parking Surface Areas A. All parking surface areas that contain one (1) of the following scenarios shall be graded and surfaced with asphalt and/or concrete, unless stated otherwise within this Ordinance. In designated watershed areas, alternative pervious or porous materials may be utilized, as approved by the Administrator. Section 4.0 Sidewalk Standards I. Pervious Greenways Sidewalks to be located within watershed, flood areas, or designated wetlands may be substituted with pervious greenways, such as pervious pavers, as approved by the Administrator or Development Review Board upon site plan review. In no case shall sidewalks required by the Comprehensive Transportation Plan be substituted with pervious greenways. 9.1 Specific Buffering & Screening Requirements The following requirements shall be required in any development on which such type of use is required or provided, as applicable. 9.2.1 Perennial Stream Buffering All perennial streams, as identified by the United States Geological Survey (USGS), not located within a watershed or Conservation Zoning District shall have a 30 foot buffer from the edge of the waterway. Said buffer area shall remain undisturbed. Article X. Natural Resources In addition to the regulations contained in this Article, all other local, State, and Federal requirements regarding natural resources shall be met, including those of the North Carolina Department of Environment and Natural Resources and the US Army Corps of Engineers. Below is a table illustrating important regulations regarding stormwater and other natural resource controls. LOCATION REGULATION, LAW, OR BUFFER REQUIREMENT AL ORDINANCE High Quality Waters 15A NCAC 02H .1006 30 foot wide stream buffer All Areas of the County North Carolina Session Law 2006-246, Built -upon areas to be located at least 30 Outside the Watershed Section 9. Proposed amendments and feet landward of all perennial and Protection Area or High rule adoptions to 15A NCAC 2H .0100 intermittent surface waters. Quality Waters and 2H .1000 incorporate S.L. 2006-246. Watershed Protection Area Harnett County Unified Development Within the WS-IV-PA Watershed Ordinance District, a minimum of a 100 foot stream buffer for development activities that exceed the low density standards as established in this Ordinance is required; otherwise a minimum of 30 foot stream buffer is required in the Watershed District. Conservation Zoning Harnett County Unified Development Single family dwelling yard adjacent to District Ordinance surface water: Minimum Yard for Cape Fear: 250 ft. Minimum Yard for Black River: 150 ft. Minimum Yard for Other Creeks: 100 ft. Section 2.0 Stormwater Management 2.3 General For areas inside the water supply watershed, development shall be in accordance with Section "Water Supply Watershed" of this Article. For areas of the County that are within one (1) mile of and drain to waters classified as High Quality Waters, development shall be in accordance with 15A NCAC 02H .1006. 2.5 Stormwater Management Statement A preliminary subdivision plat or site plan (except for minor site plans as defined by this Ordinance) for a commercial or residential subdivision shall include a stormwater management statement, submitted as part of the required Conceptual Plan. A stormwater management statement shall include the following: A. Development name and location B. Developer/owner and consultant contact information C. Site description including the following: 1. Vicinity map 2. USGS Topographic Map and Harnett County Soil Survey indicating area of development 3. Description of all water courses, impoundments, and wetlands on or adjacent to the site or into which stormwater directly flows D. Statement noting whether the site is located within the conservation zoning or a watershed district. E. Impervious area calculations F. A description of the proposed stormwater management system including: 1. Best Management Practices (BMPs) and preliminary sizes and locations, including post development drainage map delineating the flows diverted to each BMP. 2. Description and concept for diversion of off -site stormwater 3. Pre -development and post -development discharges for the 10 year and 25 year storms. If the increase in the pre -development discharge is less than 10 percent (10%), then an additional may not be required unless deemed necessary by the DRB. G. Downstream Analysis, if required: 1. Provide topography with the following identified: a. Drainage areas for the development b. Drainage areas for downstream drainage structures c. Provide photographs of downstream structures 2. For existing streams and ditches, the analysis should focus on increases in velocity and flooding within the stream. 3. For existing culverts, the analysis should focus on increases in headwater and flooding at the structure. 4. Identify the point at which the drainage area of the development or redevelopment becomes less than 10 percent (10%) of the total watershed. 5. All negative impacts of existing improvements and developments shall be identified, if there are no negative impacts, the analysis specifically state and demonstrate that there are not adverse impacts in the increase in site runoff. 6. If downstream measures are found to be inadequate, detention or other improvements will be required to minimize downstream impacts. 2.1 Stream Buffers/Setbacks Stream buffers/setbacks shall be required water features as noted in the following table: LOCATION REGULATION, LAW, OR ORDINANCE High Quality Waters 15A NCAC 02H .1006 All Areas of the County Outside the Watershed Protection Area or High Quality Waters North Carolina Session Law 2006-246, Section 9 Watershed Protection Area Harnett County UDO, Article X "Natural Resources" Conservation District Harnett County UDO, Article IV "Zoning Districts" Section 4.0 Water Supply Watershed 4.1 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; nor shall any provision of this Ordinance amend, modify, or restrict any provision of the Harnett County Unified Development Ordinance; however, the adoption of this Section shall and does amend any and all ordinances, resolutions, and regulations in effect in Harnett 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 shall 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. 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. 4.2 Development Regulations 4.2. > Establishment of Watershed Areas The purpose of this Section is to list and describe the watershed areas herein adopted. For purposes of this Section, Harnett County is hereby divided into the following areas, as appropriate: A. WS-III-BW (Balance of Watershed) B. WS-IV-CA (Critical Area) C. WS-IV-PA (Protected Area) 4.2.2 Watershed Areas Described A. WS-III Watershed Areas - Balance of Watershed (WS-III-BW) In order to maintain a low to moderate land use intensity pattern, single family detached uses shall develop at a maximum of three (3) dwelling units per acre. All other residential and nonresidential development shall be allowed a maximum of 24 percent (24%) built -upon area. In addition, nonresidential uses may occupy 10 percent (10%) of the watershed with a 70 percent (70%) built -upon area when approved as a Special Nonresidential Intensity Allocation (SNIA), as outlined in this Ordinance. Non -discharging landfills and sludge application sites are allowed. 1. Uses Allowed a. Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990. b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC II.6101.0209). c. Residential development d. Nonresidential development excluding discharging landfills 2. Density & Built -upon Limits a. Single family residential development shall not exceed three (3) dwelling units per acre on a project by project basis. No residential lot shall be less than one-half (1/2) acre, except within an approved cluster development. b. All other residential and nonresidential development shall not exceed 24 percent (24%) built - upon area on a project by project basis, except that up to 10 percent (10%) of the protected area may be developed for nonresidential uses to 70 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. B. WS-IV Watershed Areas - Critical Area (WS-IV-CA) Only new development activities that require an erosion/sedimentation control plan under State law or approved local program are required to meet the provisions of this Section when located in the WS-IV watershed. In order to address a moderate to high land use intensity pattern, single family residential uses are allowed at a maximum of three (3) dwelling units per acre. All other residential and nonresidential development shall be allowed at 24 percent (24%) built -upon area. New residual waste sites and landfills are specifically prohibited. 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 II.6101-.0209). c. Residential d. Nonresidential development, excluding: Landfills; and ii. Sites for land application of sludge/residuals or petroleum contaminated soils. 2. Density & Built -upon Limits a. Single family residential development shall not exceed three (3) dwelling units per acre on a project by project basis. No residential lot shall be less than one-half (1/2) acre, except within an approved cluster development. b. All other residential and nonresidential development shall not exceed 24 percent (24%) 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. C. WS-IV Watershed Area - 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 Section 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 three (3) dwelling units per acre. All other residential and nonresidential development shall be allowed at a maximum of 24 percent (24%) built -upon area. 1. Uses Allowed a. Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990. b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC II.6101-.0209). c. Residential development d. Nonresidential development 2. Density & Built -upon Limits a. Single family residential development shall not exceed three (3) dwelling units per acre on a project by project basis. No residential lot shall be less than one-half (1/2) acre except within an approved cluster development. b. All other residential and nonresidential development shall not exceed 24 percent (24%) built - upon area on a project by project basis. For projects without a curb and gutter street system, development shall not exceed 36 percent (36%) built -upon area on a project by project basis. C. Exception for Nonresidential Uses Up to 10 percent (10%) of the protected area may be developed for nonresidential uses to 70 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. 4.2.3 Cluster Development Clustering of development is allowed in all watershed areas 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 in Subsection "Watershed Areas Described", above. B. All built -upon areas 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. Title to the open space area shall be conveyed to: 1. An incorporated homeowners' association for management. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds; or 2. A local government for preservation as a park or open space; or 3. A conservation organization for preservation in a permanent easement. 4.2.4 Buffer Areas Required Within the WS-IV-PA Watershed District, a minimum of a 100 foot stream buffer for development activities that exceed the low density standards as established in this Section is required along all perennial waters indicated on the most recent versions of the USGS 1:24,000 (7.5 minute) scale topographic maps; otherwise a minimum of 30 foot stream buffer is required. Desirable artificial streambank or shoreline stabilization is permitted. No new development is allowed in the buffer except that water dependent structures, other structures such as flag poles, signs, and security lights which result in only diminutive increases in impervious areas, and public projects such as street crossings and greenways where no practical alternatives 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 (BMP's). 4.2.5 Rules Governing the Intopretation 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 centerlines thereof, such lines shall be construed to be said boundaries. B. Where area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. However, a surveyed plat prepared by a Professional North Carolina Land Surveyor may be submitted to Harnett County as evidence that one (1) or more properties along these boundaries do not lie within the watershed area. The Administrator shall determine such boundaries. C. Where the watershed area boundaries lie at a scaled distance more than 25 feet from any parallel lot line, the location of watershed area boundaries shall be determined by use of the scale appearing on the watershed map. D. Where the watershed area boundaries he at a scaled distance of 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 the location of such boundaries. This decision may be appealed to the Harnett County Board of Adjustment, acting as the Watershed Review Board. 4.2.6 Application of Regulations 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 Section 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. 4.2.7 Existing Development A. Any existing development as defined in this Section, may be continued and maintained subject to the provisions provided herein. Expansions to structures classified as existing development shall meet the requirements of this Section; however the built -upon area of the existing development is not required to be included in the density calculations. B. Reconstruction of Buildings or Built -upon Areas C. Any existing building or built -upon area not in conformance with the restrictions of this Section that has been damaged or removed 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 three (3) months and completed within one (1) year of such damage; and 2. The total amount of space devoted to built -upon area may not be increased. 4.3 Public Health Regulations 4.3.1 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: A. Inadequate on -site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures; B. The improper storage or disposal of junk, trash or other refuse within a buffer area; C. The absence or improper implementation of a spill containment plan for toxic and hazardous materials; D. The improper management of stormwater runoff; or E. Any other situation found to pose a threat to water quality. Article XI. Administration & Boards Section 5.0 Board of Adjustment 5.3 Powers & Duties F. Watershed Review Board The Board of Adjustment shall serve as the acting Watershed Review Board. G. Flood Damage Prevention Appeal Board The Board of Adjustment shall serve as the acting Flood Damage Prevention Board. Section 6.0 Watershed Review Board 6.1 Establishment of Watershed Review Board There is hereby created a Watershed Review Board which shall be the Harnett County Board of Adjustment, including its alternates, serving at the time of adoption of this Ordinance and its duly appointed successor Boards. 6.2 Rules of Procedure The Watershed Review Board shall operate consistent with the adopted by-laws for the Harnett County Board of Adjustment. 6.3 Powers & Duties The Watershed Review Board shall have the following powers and duties: A. Administrative Review The Watershed Review Board shall hear and decide appeals from any decision or determination made by the Administrator in the enforcement of this Section. B. Variances The Watershed Review Board shall have the power to authorize, in specific cases, minor variances from the terms of this Section as will not be contrary to the public interests where, owing to special conditions, a literal enforcement of this Section will result in practical difficulties or unnecessary hardship, so that the spirit of this Section shall be observed, public safety and welfare secured, and substantial justice done. In addition, 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. C. Special Nonresidential Intensity Allocation (SNIA) The following criteria shall be used in determining whether a SNIA can be accepted by the Watershed Review Board. Projects shall: A. Minimize built -upon surface area; B. Direct stormwater away from surface waters; and C. Incorporate Best Management Practices (BMP's) to minimize water quality impacts. Section 9.0 Planning Director & Planning Department Staff Except as otherwise specifically provided, primary responsibility for administering and enforcing this Ordinance may be assigned by the County Manager to one (1) or more individuals. The person(s) to whom these functions are assigned shall be referred to herein as the Administrator. The term "staff' or "Planning Staff' may be used interchangeably with the term Administrator. 9.1 Director of Planning Services Reserved 9.2 Administrator The Administrator shall have the authority to administer the provisions of this Ordinance, as listed herein. 9.2.4 Water Supply Watershed Administrator The Harnett County Board of County Commissioners shall appoint a Watershed Administrator, who shall be duly sworn in, herein referred to as "Watershed Administrator" or "Administrator." It shall be the duty of the Watershed Administrator to administer and enforce the provisions of this Ordinance as follows: A. The Watershed Administrator shall issue, or cause to be issued, 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 Administrator. B. The Watershed Administrator or his designee shall serve as clerk to the Watershed Review Board. C. The Watershed Administrator shall keep records of the County's utilization of the provision that a maximum of 10 percent (10%) of the non -critical area of WS III-BW watersheds may be developed with nonresidential development to a maximum of 70 percent (70%) built -upon surface area. Records for each watershed shall include: 1. The total acres of non -critical watershed area; 2. Total acres eligible to be developed under this option; 3. Total acres approved for this development option; and 4. Individual records for each project with the following information: a. Location; b. Acres of site plan; c. Use; d. Stormwater management plan as applicable; and e. Inventory of hazardous materials as applicable D. The Watershed Administrator 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 Harnett County. The Watershed Administrator, 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. E. A description of all projects receiving a variance and the reason for granting the variance shall be submitted to the Environmental Management Commission on January 1, of each year. Article XII. Amendments, Hearing procedures, Appeals, & Variances 2.5 Amendments to Water Supply Watershed Regulations The NC DENR will be informed of all amendments to this Section that represent major changes in land use regulations related to all water supply watersheds located in the jurisdiction of Harnett County. 4.3 Appeal of the Watershed Administrator Any order, requirements, decision, or determination made by the Watershed Administrator may be appealed to and decided by the Watershed Review Board. A. An appeal from a decision of the Watershed Administrator shall be submitted to the Watershed Review Board within 30 days from the date the order, interpretation, decision, or determination is made. All appeals shall be made in writing stating the reasons for appeal. Following submission of an appeal, the Watershed Administrator shall transmit to the Board all papers constituting the record upon which the action appealed from was taken. B. An appeal stays all proceedings in furtherance of the action appealed, unless the Administrator from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record on application of notice of the Administrator from whom the appeal is taken and upon due cause shown. C. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties and shall decide the same within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney. 5.4 Water Supply Watershed Variance Procedures A. Applications for a variance shall be made on the proper application, obtainable from the Watershed Administrator and shall include the following information: 1. A site plan, drawn to a scale of at least one (1) inch to 40 feet, indicating: a. The property lines of the parcel upon which the use is proposed; b. Any existing or proposed structures; C. Parking areas and other built -upon areas; d. Surface water drainage; e. North point; f. Name and address of person who prepared the plan; g. Date of the original drawing; and h. An accurate record of any later revisions. 2. A complete and detailed description of the proposed variance together with any other pertinent information which the applicant(s) feels would be helpful to the Watershed Review Board in considering the application. 3. The Watershed Administrator shall notify in writing each local government having jurisdiction in the watershed and such other entities 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 Watershed Administrator prior to a decision by the Watershed Review Board. Such comments shall become a part of the record of proceedings of the Watershed Review Board. B. Before the Watershed Review Board may grant a variance, it shall make the following three (3) findings, which shall be recorded in the permanent record of the case, and shall include the factual reasons on which they are based: 1. 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 shall find that the five following conditions exist: a. 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 a 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. b. The hardship results from the application of the Ordinance to the property rather than from other factors such as deed restrictions or other hardships. 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. 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 January 1, 1994, and then comes to the Board for relief. e. 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. 2. The variance is in harmony with the general purpose and intent of the Ordinance and preserves its spirit. 3. In the granting of 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 respect impair the public health, safety, or general welfare. C. In granting the variance the Board may attach thereto 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. D. The Watershed Review Board 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. E. 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. F. If the application calls for the granting of a major variance, and if the Watershed Review Board decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing. The preliminary record of the hearing shall include: 1. The variance application; 2. The hearing notices; 3. The evidence presented; 4. Motions, offers of proof, objections to evidence, and rulings on them; 5. Proposed findings and exceptions; 6. The proposed decision, including all conditions proposed to be added to the permit. G. 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: a. The property owner(s) can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted; and 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 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: a. The property owner(s) can secure a reasonable return from or make a practical use of the property without the variance; 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 Review Board. The Board shall prepare a final decision denying the variance as proposed. Article XIV. Definitions & Certifications Watershed The entire land area contributing surface drainage to a specific point, such as the water supply intake. Section 5.0 Natural Resources Definitions & Acronyms The following definitions include those applicable to both the Flood Damage Prevention and Water Supply Watershed regulations, specifically, as well as all natural resources regulations, generally, of this Ordinance. 5.1 Natural Resources Acronyms WS Watershed 5.2 Natural Resources Definitions Agricultural Use For purposes of the Water Supply Watershed Regulations of this Ordinance, "agricultural use" shall mean the use of waters for stock watering, irrigation, and other farm purposes. Buffer For purposes of the Water Supply Watershed Regulations of this Ordinance, "buffer" shall mean 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 For purposes of the Water Supply Watershed Regulations of this Ordinance, "building" shall mean 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 (2) 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 (1) building. (Also see "Structure' 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, recreation facilities, etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.) Chemical Storage Facility A building, portion of the building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products. Cluster Development For purposes of the Water Supply Watershed Regulations of this Ordinance, "cluster development" shall mean the grouping of buildings in order to conserve land resources and provide for innovation in the design of the project. This term includes nonresidential development as well as single-family residential subdivision and multifamily developments that do not involve the subdivision of land. Any development with 10 percent (10%) or greater amount of open space. 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 the remaining portions of the Watershed. The critical area is defined as: A. Extending either one-half (1 /2) 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 B. 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). Development, Water Supply Watershed For purposes of the Water Supply Watershed Regulations of this Ordinance, "development" shall mean 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. Development, Existing Water Supply Watershed For projects that do not require a State permit, existing development shall mean a project that, at a minimum, has established a vested right under North Carolina zoning law as of the effective date of the Water Supply Watershed regulations of this Ordinance based on at least one (1) of the following criteria: A. 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 B. Having an outstanding valid building permit as authorized by the North Carolina General Statutes (GS 160D- 344.1); or C. Having an approved site specific or phased development plan as authorized by the North Carolina General Statutes. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility, or a surface storage facility in accordance with NCGS 130A-290. For the purpose of the Water Supply Watershed regulations of this Ordinance this term does not include composting facilities. Landfill, Dischar—' A landfill which discharges treated leachate and which requires a National Pollution Discharge Elimination System (NPDES) permit. Lot A parcel of land occupied or to be occupied by a main building or group of main buildings and accessory building together with such yards, open spaces, lot width, and lot area is required. Lot, Existing (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 the Water Supply Watershed regulations of this Ordinance, or a lot described by metes and bounds, the description of which has been so recorded prior to the adoption of the Water Supply Watershed regulations of this Ordinance. Nonconforming Lot of Record A lot described by a plat or a deed that was recorded prior to the effective date of the Water Supply Watershed regulations of this Ordinance (or its amendments) that does not meet the minimum lot size or other development requirements of Section "Water Supply Watershed", Article X "Natural Resources" of this Ordinance. Protected Area The area adjoining and up stream of the critical area of the Watershed IV (WS-IV). The boundaries of the protected area are defined as: A. Within five (5) miles of and draining to the normal pool elevation of the reservoir or to the ridge -line of the watershed; or B. Within 10 miles upstream and draining to the intake located directly in the stream or river or to the ridge -line of the watershed. Single Family Dwelling For purposes of the Water Supply Watershed Regulations of this Ordinance, "single family dwelling" shall mean a site built structure, a modular structure to NC Building Code requirements, or a manufactured home built to HUD requirements located on individual lots or within manufactured home parks. Structure, Water Supply Watershed 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. Variance For purposes of the Water Supply Watershed Regulations of this Ordinance, "variance" shall mean a permission to develop or use property granted by the Watershed Review Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this Ordinance. Variance, Major For purposes of the Water Supply Watershed regulations of this Ordinance, "major variance" shall mean a variance from the minimum state wide water supply watershed protection rules that results in any one (1) or more of the following: A. The relaxation, by a factor of more than 10 percent (10%), of any management requirement that takes the form of a numerical standard; and/or B. Petitions to increase built upon percentage greater than 10 percent (10%). Variance, Minor For purposes of the Water Supply Watershed regulations of this Ordinance, "minor variance" shall mean petitions for the reduction of any standard by a factor of less than ten percent (10%), including residential density or built upon percentage. Watershed The entire land area contributing surface drainage to a specific point (e.g. the water supply intake.) Watershed Administrator An official or designated person of Harnett County responsible for administration and enforcement of the Water Supply Watershed regulations of this Ordinance.