WSMU_HAWR_WSWP Ordinance_20210202

Zoning Code
§ 155.212 SPECIAL USES ARE CONFORMING.
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Any use for which a special use permit is issued, as provided in this chapter, shall without further
action be deemed a conforming use unless otherwise provided in this chapter or otherwise provided as
a condition of issuance of such permit. Any extension by or addition to such use shall be subject to all
requirements of this chapter.
(Ord. passed 11-2-15)
WATERSHED REGULATIONS
§ 155.225 INTENT, AUTHORITY AND ENACTMENT OF WATERSHED REGULATIONS.
(A) Intent. The intent of this subchapter is to protect surface water supplies whose watersheds are
located wholly or partially within the jurisdiction of Haw River.
(B) Authority and enactment. Pursuant to authority given to municipalities in G.S. Chapter 160A,
Article 19, Planning and Regulation of Development, and G.S. § 143-214.5, Water Supply and
Watershed Protection, the Town Council does hereby ordain and enact into law the following sections
as the Watershed Protection Ordinance of Haw River.
(Ord. passed 11-2-15)
§ 155.226 JURISDICTION.
(A) The provisions of this subchapter shall apply in those areas within the corporate limits and the
extraterritorial jurisdiction of Haw River designated as public water supply watersheds by the N.C.
Environmental Management Commission and shall be defined and established on the map entitled,
"Watershed Protection Map of Haw River, North Carolina" ("the Watershed Map"), which is adopted
simultaneously herewith. The Watershed Map and all explanatory matter contained thereon accompanies
and is hereby made a part of this subchapter. This ordinance shall be permanently kept on file in the
office of the Zoning Enforcement Officer.
(B) The following public water supply watersheds designated by the N.C. Environmental
Management Commission and the Haw River Town Council within the town planning and zoning
jurisdiction:
Watershed
Back Creek
(Ord. passed 11-2-15)
Classification River Basin
WS-II Cape Fear
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§ 155.227 DEFINITIONS.
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For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
AGRICULTURAL USE. The use of waters for stock watering, irrigation and other farm purposes.
ANIMAL UNIT. A unit of measurement developed by the U. S. Environmental Protection Agency
that is used to compare different types of animal operations.
BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management -based
practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order
to achieve water quality protection goals.
BUFFER. An area of natural or planted vegetation through which storm water runoff flows in a
diffuse manner so that the runoff does not become channelized and which provides for infiltration of the
runoff and filtering of pollutants. The BUFFER is measured landward from the normal pool elevation
of impounded structures and from the bank of each side of streams or rivers.
BUILDING. Any structure having a roof supported by columns or by walls and intended for
shelter, housing or enclosure of persons, animals or property. The connection of two buildings by means
of an open porch, breezeway, passageway, carport or other such open structure, with or without a roof,
shall not be deemed to make them one building.
BUILT -UPON AREA. That portion of a development project that is covered by impervious or
partially impervious cover including, but not limited to, buildings, gravel roads, and gravel areas such
as roads, parking lots, and paths, recreation facilities (for example tennis courts). Built upon area does
not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious
paving material to the extent that the paving material absorbs water or allows water to infiltrate through
the paving material.
CLUSTER DEVELOPMENT. The grouping of buildings in order to conserve land resources and
provide for innovation in the design of the project. This term includes nonresidential development as well
as single-family residential subdivisions and multi -family developments that do not involve the
subdivision of land.
COMPOSTING FACILITY. A facility in which only stumps, limbs, leaves, grass and untreated
wood collected from land clearing or landscaping operations is deposited.
CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated
with pollution is greater than from the remaining portions of the watershed. The CRITICAL AREA is
defined as extending either one-half mile from the normal pool elevation of the reservoir in which the
intake is located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream
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from the intake located directly in the stream or river (run -of -the -river) or the ridge line of the watershed
(whichever comes first). Since WS-I watersheds are essentially undeveloped, establishment of a
CRITICAL AREA is not required. Local governments may extend the CRITICAL AREA as needed.
Major landmarks such as highways or property lines may be used to delineate the outer boundary of the
CRITICAL AREA if these landmarks are immediately adjacent to the appropriate outer boundary of
one-half mile.
CUSTOMARYHOME OCCUPATIONS. Any use conducted entirely within a dwelling and carried
on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for
residential purposes and does not change the character thereof. Provided further that no mechanical
equipment is installed or used except as is normally used for domestic or professional purposes, and that
not over 25 % of the total floor space of any structure is used for the occupation. No home occupation
shall be conducted in any accessory building except for the storage and service of a vehicle that is driven
off site, such as a service repair truck, delivery truck and the like.
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. Development falls into two categories: low -density and high -density. Low density is
typified by the average single-family house on 1-2 acres.
DISCHARGING LANDFILL. A facility with liners, monitoring equipment and other measures to
detect and/or prevent leachate from entering the environment and in which the leachate is treated on site
and discharged to a receiving stream.
DWELLING UNIT. A building, or portion thereof, providing complete and permanent living
facilities for one family.
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum
have established a vested right under North Carolina zoning law as of the effective date of this chapter
based on at least one of the following criteria:
(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.
(2) Having an outstanding valid building permit as authorized by the G.S. § 153A-344.1 and
G. S. § 160A-385.1.
(3) Having expended substantial resources (time, labor, money) and having an approved site
specific or phased development plan as authorized by the 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 Register of Deeds prior to the adoption of this subchapter, or a lot
described by metes and bounds, the description of which has been so recorded prior to the adoption of
this subchapter.
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FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members
are related by blood or marriage or adoption, no such family shall contain over five persons, but further
provided that domestic servants employed or living on the premises may be housed on the premises
without being counted as a FAMILY or FAMILIES.
HAZARDOUS MATERIAL. Any substance listed as such in: SARA section 302, Extremely
Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and hazardous
substances).
INDUSTRIAL DEVELOPMENT. Any nonresidential development that requires an NPDES permit
for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose
of manufacturing, assembling, finishing, cleaning or developing any product or commodity.
LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance
with G.S. Chapter 130A, Article 9. For the purpose of this subchapter, 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.
NONRESIDENTIAL 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.
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached
single-family dwellings, apartment complexes, condominiums, townhouses, cottages and the like and
their associated outbuildings such as garages, storage buildings, gazebos and the like and customary
home occupations.
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 permanent location on the land.
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SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to
be a subdivision as herein defined.
SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites or
other divisions for the purpose of sale or building development (whether immediate or future) and shall
include all division of land involving the dedication of a new street or a change in existing streets, but
the following shall not be included within this definition nor be subject to the regulations authorized by
this chapter:
(1) The combination or recombination of portions of previously subdivided and recorded lots
where the total number of lots is not increased and the resultant lots are equal to or exceed the standards
of this chapter;
(2) The division of land into parcels greater than ten acres where no street right-of-way
dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or opening of streets;
(4) The division of a tract in single ownership whose entire area is no greater than two acres
into not more than three lots, where no street right-of-way dedication is involved and where the resultant
lots are equal to or exceed the standards of this chapter; or
(5) The division of a tract into plots or lots used as a cemetery.
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 Board of Adjustment relaxing
or waiving a water supply watershed management requirement adopted by the Environmental
Management Commission that is incorporated into this chapter.
(1) MAJOR VARIANCE. A variance from the minimum statewide watershed protection rules
that results in any one or more of the following:
(a) The complete waiver of a management requirement;
(b) The relaxation, by a factor of more than 10%, of any management standard under the
low density option; or
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(c) The relaxation, by a factor of more than 10%, of any management requirement under
the high density option.
(2) MINOR VARIANCE. A variance from the minimum statewide watershed protection rules
that results in a relaxation by a factor of up to 5 % of any buffer, density or built -upon area requirement
under the high density option; or that results in a relaxation by a factor of up to 10 % of any management
requirement under the low density option.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to or
proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses,
docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and
commercial boat storage areas are not WATER DEPENDENT STRUCTURES.
WATERSHED. The entire land area contributing surface drainage to a specific point (for example
the water supply intake.)
WATERSHED ADMINISTRATOR. The Haw River Zoning Enforcement Officer who is
responsible for administration and enforcement of this chapter.
(Ord. passed 10-7-13; Ord. passed 11-2-15)
§ 155.228 INTERPRETATION OF WORDS AND TERMS.
For the purposes of this chapter, certain words and terms shall be interpreted as follows:
(A) Words in the present tense include the future tense.
(B) 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.
(C) The word "person" includes a firm, association, corporation, trust and company as well as an
individual.
(D) The word "structure" shall include the word "building."
(E) The word "lot" shall include the words "plot," "parcel" or "tract."
(F) The word "shall" is always mandatory and not merely directory.
(G) The word "will" is always mandatory and not merely directory.
(Ord. passed 11-2-15)
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§ 155.229 EXCEPTIONS TO APPLICABILITY.
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(A) Nothing contained in this subchapter shall repeal, modify or amend any federal or state law or
regulation, or any ordinance or regulation pertaining thereto except any ordinance which these
regulations specifically replace; however, the adoption of this subchapter shall and does amend any and
all ordinances, resolutions and regulations in effect in the town at the time of the adoption of this
subchapter that may be construed to impair or reduce the effectiveness of this subchapter 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 § 155.227, is not subject to the requirements of this
subchapter. Expansions to structures classified as existing development must meet the requirements of
this subchapter; however, the built -upon area of the existing development is not required to be included
in the density calculations.
(D) A pre-existing lot owned by an individual prior to the effective date of this subchapter,
regardless of whether or not a vested right has been established, may be developed for single-family
residential purposes without being subject to the restrictions of this subchapter. However, this exemption
is not applicable to multiple contiguous lots under single ownership. See § 155.238(A)(3) regarding the
recombination of existing lots.
(Ord. passed 11-2-15)
§ 155.230 SUBDIVISION REGULATIONS.
(A) No subdivision plat of land within the public water supply watershed shall be filed or recorded
by the Register of Deeds of Alamance County until it has been approved in accordance with the
provisions of this subchapter. Likewise, the Clerk of Superior Court shall not order or direct the
recording of a plat if the recording of such plat would be in conflict with this subchapter.
(B) All applications to subdivide land in a designated water supply watershed shall comply with all
Haw River Subdivision Ordinance application requirements and shall include five copies of the proposed
site plan on sheets at least 18" x 24" at a minimum scale of 1" = 100' with the following information:
(1) North arrow and location/vicinity map;
(2) Property lines, total site acreage and the location, purpose and width of easements;
(3) Location of perennial streams;
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(4) Location of septic tank drainage fields;
(5) Existing and proposed buildings, including front, side and rear yard setbacks, other
impervious improvements and total impervious area (acreage and site percentages); and
(6) Proposed sedimentation and erosion control measures.
(C) The Zoning Enforcement Officer shall review the completed preliminary plan application and
shall submit recommendations to the Alamance County Building Inspector for further review and final
action. The Building Inspector shall either approve, approve conditionally or disapprove each application
and return it to the Zoning Enforcement Officer.
(D) No construction or installation of improvements shall be begun in a proposed subdivision until
the subdivision has been approved by the Board of Adjustment. When approved, the approval shall be
indicated on the plat by the following certificate signed by the authorized individual:
Certificate of Approval for Recording Subdivision
I certify that the plat shown hereon complies with the Subdivision Regulations for the Town of Haw
River, North Carolina and any supplemental regulations that may apply and that such plat has been
approved according to the procedures for approval of subdivisions.
Date Zoning Enforcement Officer
NOTICE: This property is located within a Public Water Supply Watershed - development restrictions
may apply.
(E) The Zoning Enforcement Officer shall file the approved plat with the Register of Deeds within
five working days of the approval.
(Ord. passed 11-2-15)
§ 155.231 SUBDIVISION STANDARDS AND REQUIRED IMPROVEMENTS.
(A) General. Subdivisions in any designated drinking supply watershed shall comply with general
requirements and minimum standards of design of the Haw River Subdivision Ordinance as well as the
requirements specified below.
(B) Lots. All lots shall provide adequate building space in accordance with the development
standards contained in § 155.233. Lots which are smaller than the minimum required for residential lots
shall be identified on the plat as, "NOT FOR RESIDENTIAL PURPOSES."
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(C) Built -upon area. For the purpose of calculating built -upon area, total project area shall include
total acreage in the tract on which the project is to be developed.
(D) Storm water drainage facilities. The application shall be accompanied by a description of the
proposed method of providing storm water drainage. The subdivider shall provide a drainage system that
diverts storm water runoff away from surface waters and incorporates best management practices to
minimize water quality impacts.
(E) Erosion and sedimentation control. The application shall 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, if required.
(F) Roads constructed in critical areas and watershed buffer areas. Where possible, roads should
be located outside of critical areas and watershed buffer areas. Roads constructed within these areas shall
be designed and constructed so to minimize their impact on water quality.
(Ord. passed 11-2-15) Penalty, see § 155.999
§ 155.232 DEVELOPMENT REGULATIONS.
To provide an additional layer of protection for drinking water supply watersheds, the following
watershed overlay districts are established. Within each watershed shall be two tiers of control. The area
nearest the water supply shall have the higher level of regulation because proximity to the intake creates
higher risk of contamination. The remaining part of the watershed shall have less restrictions because
the greater distance from the point of intake lowers risk of contamination: the Critical Area Overlay
District (WS-II-CA) shall apply to the Back Creek Watershed within the Town of Haw River's planning
and zoning jurisdiction.
(Ord. passed 11-2-15)
§ 155.233 BACK CREEK LAKE WATERSHED - CRITICAL AREA OVERLAY DISTRICT
(WS-II-CA).
(A) Intent. In order to maintain a predominately undeveloped land use intensity pattern,
single-family residential uses shall be allowed at a maximum of one dwelling unit per two acres. All
other residential and nonresidential development shall be allowed at a maximum 6 % built -upon area.
(B) Permitted uses.
(1) All uses allowed in the underlying zoning districts where the watershed is located, subject
to the modifications noted below, unless specifically excluded as a prohibited use.
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(2) Agriculture subject to the provisions of the Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of 1990. Agricultural activities conducted after January 1, 1993
shall maintain a minimum ten foot vegetative buffer or equivalent control as determined by the Soil and
Water Conservation Commission along all perennial waters indicated on the most recent versions of
U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies.
Animal operations greater than 100 animal units shall employ Best Management Practices by July 1,
1994 recommended by the Soil and Water Conservation Commission.
(3) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water
Quality (15 NCAC 11.6101-.0209).
(C) Prohibited uses.
(1) Manufacture, use or storage of any hazardous or toxic materials waste as listed on the EPA
hazardous material list or determined by the Alamance County Board of Commissioners unless a spill
containment plan is implemented.
(2) New underground fuel or chemical storage tanks.
(3) Developments with curb and gutters.
(4) Sanitary landfills or incinerators.
(5) Sites for land application of sludge/residuals or petroleum contaminated soils.
(6) Petroleum products storage up to 100,000 gallons.
(7) Commercial uses which sell, store or distribute motor fuels or other hazardous materials.
(8) Metal salvage facilities including junkyards.
(9) Package treatment plants or public community sewage treatment facilities may only be
allowed if the Health Department determines that an existing public health problem can be alleviated by
constructing sewage facilities.
(D) Density and built -upon limits.
(1) Single-family residential development shall not exceed one dwelling unit per two acres on
a project -by -project basis. Nor shall any single-family residential development exceed a 6% density
threshold area of built upon area to total area of the property. Nor shall any high -density residential
development(s) exceed a 24 % density threshold area of built upon area to total area of the property. No
residential lot shall be less than two acres, except within an approved cluster development. For purposes
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of density calculations, total project acreage shall not include area within the designated right-of-way of
any public or private street within the project, nor shall it include any area within the project donated
or dedicated to the public.
(2) Nonresidential development shall not exceed 3,000 square feet of floor space and such uses
shall only be for the immediate neighborhood.
(Ord. passed 11-2-15) Penalty, see § 155.999
§ 155.234 CLUSTER DEVELOPMENT.
Clustering of development is allowed 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 § 155.233. Built -upon area or storm water control requirements of the project shall not
exceed that allowed for the critical area or balance of watershed, whichever applies.
(B) All built -upon area shall be designed and located to minimize storm water runoff impact to the
receiving waters and minimize concentrated storm water flow.
(C) The remainder of the tract shall remain in a vegetated or natural state. Where the development
has an incorporated property owners association, the title of the open space area shall be conveyed to
the association for management. Where a property association is not incorporated, a maintenance
agreement shall be filed with the property deeds.
(Ord. passed 11-2-15)
§ 155.235 BUFFER AREAS REQUIRED.
Buffer. A minimum 50 foot vegetative buffer is required for any new development activity which
exceeds the basic density/built-upon limitations along all perennial waters indicated on the most recent
versions of USGS 1:24,000 scale topographic maps and the most recent published NRCS Soil Survey
maps. Nothing in this division shall prevent artificial streambank or shoreline stabilization. The town's
riparian buffer protection ordinance shall have precedence over all stream or riparian buffer regulations
within the Town of Haw River's jurisdiction.
(Ord. passed 11-2-15; Ord. passed 12-5-16) Penalty, see § 155.999
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§ 155.236 RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA
BOUNDARIES.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the watershed
map, the following rules shall apply:
(A) Where area boundaries are indicated as approximately following either street, alley, railroad
or highway lines or center lines thereof, such lines shall be construed to be said boundaries.
(B) Where area boundaries are indicated as approximately following lot lines, such lot lines shall
be construed to be said boundaries. However, where conflict exists as to whether a tract is inside or
outside a watershed area, it shall be the responsibility of the petitioner to present topographic data
supporting his or her case.
(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 lie 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 Zoning Enforcement Officer shall interpret the watershed
map as to location of such boundaries. This decision may be appealed to the Board of Adjustment.
(Ord. passed 11-2-15)
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§ 155.237 APPLICATION OF REGULATIONS.
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(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 chapter shall be
included in the area required for another building.
(C) Every residential building hereafter erected, moved or structurally altered shall be located on
a lot which conforms to the regulations herein specified, except as permitted in this chapter.
(D) If a use or class of use is not specifically indicated as being allowed in a watershed area, such
or class of use is prohibited.
(Ord. passed 11-2-15) Penalty, see § 155.999
§ 155.238 EXISTING DEVELOPMENT.
Any existing development, as defined in § 155.227, may be continued and maintained subject to the
provisions provided herein. Expansions to structures classified as existing developments must meet the
requirements of this subchapter, however, the built -upon area of the existing development is not required
to be included in the density calculations.
(A) Vacant lots. Vacant lots for which plats or deeds have been recorded in the Office of the
Register of Deeds of Alamance County may be used for any of the uses allowed in the watershed area
in which it is located, provided the following:
(1) Where the lot area is below the minimum specified in this subchapter, the owner may apply
for a variance which provides for compliance with the buffer requirement to the maximum extent
practicable. The Zoning Enforcement Officer is authorized to issue a watershed protection permit.
(2) Where the buffer standard needs to be modified due to the shape and/or size of a residential
or nonresidential lot, the owner may apply for a variance in order to obtain a watershed protection
permit, provided the buffer requirement is complied with to the maximum extent practicable. The
procedures for obtaining a minor or major variance are found in § 155.249.
(3) Notwithstanding the above provisions, whenever two or more contiguous residential vacant
lots of record are in single ownership at any time after the adoption of this chapter and such lots
individually have less area than the minimum requirements for residential purposes for the watershed
area in which such lots are located, such lots shall be combined to create one or more lots that meet the
standards of this chapter, or if this is impossible, reduce to the extent possible the nonconformity of the
lots.
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(B) Occupied lots. Lots occupied for residential purposes at the time of the adoption of this chapter
may continue to be used provided that whenever two or more adjoining lots of record, one of which is
occupied, are in single ownership at any time after the adoption of this chapter, and such lots individually
or together have less area than the minimum requirements for residential purposes for the watershed area
in which they are located, such lots shall be combined to create lots which meet the minimum size
requirements or which minimize the degree of nonconformity.
(C) Uses of land. Uses existing at the time of adoption of this chapter where such use of the land
is not permitted to be established hereafter in the watershed area in which it is located may be continued
except as follows:
(1) When such use of land has been changed to an allowed use, it shall not thereafter revert to
any prohibited use.
(2) Such use of land shall be changed only to an allowed use.
(3) When such use ceases for a period of at least one year, it shall not be reestablished.
(D) Reconstruction of buildings or built -upon areas. Any existing building or built -upon area not
in conformance with the restrictions of this chapter that has been damaged or destroyed by any means
to an extent of more than 50 % of its replacement cost or bulk, exclusive of foundations and land value
may be repaired and/or reconstructed, except that there are no restrictions on single-family residential
development, provided:
(1) Repair or reconstruction is initiated within 12 months and completed within two years of
such damage.
(2) The total amount of space devoted to built -upon area may not be increased unless storm
water control that equals or exceeds the previous development is provided.
(Ord. passed 11-2-15) Penalty, see § 155.999
§ 155.239 WATERSHED PROTECTION PERMIT REQUIRED.
(A) Except where a single-family residence is constructed on a lot deeded prior to the effective date
of this chapter, 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 Zoning Enforcement Officer. No watershed
protection permit shall be issued except in conformity with the provisions of this chapter.
(B) Watershed protection permit applications shall be filed with the Zoning Enforcement Officer.
The application shall include a completed application form and supporting documentation consistent with
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§ 155.230(B). If the application is for a single structure, the Zoning Enforcement Officer may waive
some of the documentation requirements; however, compliance with all watershed protection measures
must be assured.
(C) Prior to issuance of a watershed protection permit, the Zoning Enforcement Officer may consult
with qualified personnel for assistance to determine if the application meets the requirements of this
subchapter.
(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.
(Ord. passed 11-2-15) Penalty, see § 155.999
§ 155.240 BUILDING PERMIT REQUIRED.
After receiving a watershed protection permit, a building permit shall be obtained from the
Alamance County Inspections Department for construction or alteration of any building or structure
pursuant to the procedures of the County Inspections Department.
(Ord. passed 11-2-15) Penalty, see § 155.999
§ 155.241 WATERSHED PROTECTION OCCUPANCY PERMIT REQUIRED.
(A) The Zoning Enforcement Officer shall issue a watershed protection occupancy permit certifying
that all requirements of this chapter 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 at the same time as the application for a watershed protection permit and shall be issued or
denied within ten days after the erection or structural alterations of the building.
(C) When only a change in use of land or existing building occurs, the Zoning Enforcement Officer
shall issue a watershed protection occupancy permit certifying that all requirements of this chapter have
been met at the same time the watershed protection permit is issued.
(D) If the watershed protection occupancy permit is denied, the Zoning Enforcement Officer 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 Zoning Enforcement Officer has approved and issued a watershed protection occupancy permit.
(Ord. passed 11-2-15) Penalty, see § 155.999
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§ 155.242 PUBLIC HEALTH REGULATIONS.
No activity, situation, structure or land use shall be allowed within the watershed which poses a
threat to water quality and the public health, safety and welfare. Such conditions may arise from
inadequate on -site sewage systems which use ground absorption; inadequate sedimentation and erosion
control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area;
the absence or improper implementation of a spill containment plan for toxic and hazardous materials;
the improper management of storm water runoff; or any other situation found to pose a threat to water
quality. In the event that any of these threats exist, appropriate enforcement authorities (for example the
County Health Department, N.C. Land Quality Division) may increase the minimum requirements of
this chapter, in order to protect the public health.
(Ord. passed 11-2-15) Penalty, see § 155.999
§ 155.243 ABATEMENT.
(A) The Zoning Enforcement Officer shall monitor land use activities within the watershed areas
to identify situations that may pose a threat to water quality.
(B) The Zoning Enforcement Officer shall report all findings to the Board of Adjustment. The
Administrator may consult with any public agency or official and request recommendations.
(C) Where the Board of Adjustment finds a threat to water quality and the public health, safety and
welfare, the Board shall institute any appropriate action or proceeding to restrain, correct or abate the
condition and/or violation.
(Ord. passed 11-2-15)
§ 155.244 WATERSHED ADMINISTRATOR DUTIES.
The Haw River Zoning Enforcement Officer is hereby appointed the Watershed Administrator who
shall be duly sworn in that capacity. It shall be the duty of the Zoning Enforcement Officer acting as
Watershed Administrator to administer and enforce the provisions of this subchapter as follows:
(A) The Zoning Enforcement Officer shall issue watershed protection permits and watershed
protection occupancy permits as prescribed herein. A record of all permits shall be kept on file and shall
be available for public inspection during regular office hours of the Zoning Enforcement Officer.
(B) The Zoning Enforcement Officer shall serve as Clerk to the Board of Adjustment which sits as
the Watershed Review Board.
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(C) The Zoning Enforcement Officer shall keep records of all amendments to this subchapter and
shall provide copies of all amendments upon adoption to the Supervisor of the Classification and
Standards Group, Water Quality Section, N.C. Division of Environmental Management.
(D) The Zoning Enforcement Officer is granted the authority to administer and enforce the
provisions of this chapter, exercising in the fulfillment of his or her responsibility the full police power
of the town. The Zoning Enforcement Officer, or his or her duly authorized representative, may enter
any building, structure or premises, as provided by law, to perform any duty imposed upon him by this
chapter.
(E) The Zoning Enforcement Officer shall keep a record of variances to this subchapter. This record
shall be submitted to the Supervisor of the Classification and Standards Group, Water Quality Section,
N.C. Division of Environmental Management on or before January 1 every year and shall provide a
description of each project receiving a variance and the reasons for granting the variance.
(Ord. passed 11-2-15)
§ 155.245 APPEAL FROM THE WATERSHED ADMINISTRATOR.
Any order, requirement, decision or determination made by the Zoning Enforcement Officer acting
as Watershed Administrator may be appealed to and decided by the Board of Adjustment as specified
in this chapter.
(Ord. passed 11-2-15)
§ 155.246 CHANGES AND AMENDMENTS TO THE WATERSHED PROTECTION
ORDINANCE.
(A) The Town Council may, on its own motion or on petition, after public notice and hearing,
amend, supplement, change or modify the watershed regulations and restrictions as described herein.
(B) No action shall be taken until the proposal has been submitted to the Board of Adjustment for
review and recommendations. If no recommendation has been received from the Board of Adjustment
within 45 days after submission of the proposal to the Chairman of the Board of Adjustment, the Town
Council may proceed as though a favorable report had been received.
(C) Under no circumstances shall the Town Council adopt such amendments, supplements or
changes that would cause this subchapter to violate the watershed protection rules as adopted by the N. C.
Environmental Management Commission. All amendments must be filed with the appropriate Division
of the N.C. Department of Environmental and Natural Resources.
(Ord. passed 10-7-13; Ord. passed 11-2-15)
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§ 155.247 PUBLIC NOTICE AND PUBLIC HEARING REQUIREMENTS.
Before adopting or amending this subchapter, the Town Council shall hold a public hearing. A
notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper
having general circulation in the area.
(Ord. passed 11-2-15)
§ 155.248 ESTABLISHMENT OF WATERSHED REVIEW BOARD.
The Haw River Board of Adjustment shall serve as the Watershed Review Board. The same rules
of procedure as specified in this chapter shall apply.
(Ord. passed 11-2-15)
§ 155.249 POWERS AND DUTIES OF BOARD OF ADJUSTMENT ACTING AS WATERSHED
REVIEW BOARD.
(A) The Board of Adjustment, acting as the Watershed Review Board, shall hear and decide appeals
from any decision or determination made by the Zoning Enforcement Officer in the enforcement of this
subchapter. The procedures for appeal shall be the same as provided in this chapter.
(B) The Board of Adjustment shall have the power to approve subdivisions in accordance with the
provisions of this subchapter and the power to increase the minimum requirements of this subchapter to
protect the public health, safety and welfare (see § 155.242).
(C) The Board of Adjustment shall have the power to authorize, in specific cases, minor variances
from the terms of this subchapter as will not be contrary to the public interests where, owing to special
conditions, a literal enforcement of this subchapter will result in practical difficulties or unnecessary
hardship, so that the spirit of this subchapter shall be observed, public safety and welfare secured and
substantial justice done.
(1) Applications fora minor variance. Application shall be made on the proper form obtainable
from the Zoning Enforcement Officer and shall include at a minimum:
(a) A site plan, drawn to scale, indicating the property lines of the parcel upon which the
use is proposed; any existing or proposed structures; parking areas and other built -upon areas; surface
water drainage;
(b) A complete and detailed description of the proposed variance, together with any other
pertinent information which the applicant feels would be helpful to the Board of Adjustment in
considering the application; and
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(c) The Zoning Enforcement Officer shall notify in writing each local government having
jurisdiction in the watershed. Such notice shall include a description of the variance being requested.
Local governments receiving notice of the variance request may submit comments to the Zoning
Enforcement Officer before a decision by the Board of Adjustment. Such comments shall become a part
of the record of proceedings of the Board of Adjustment.
(2) Required findings for the granting of a minor variance. Before the Board of Adjustment
may grant a variance, it shall make the following three findings, which shall be recorded in the
permanent record of the case and shall include the factual reasons on which they are based:
(a) That there are practical difficulties or unnecessary hardships in the way of carrying out
the strict letter of the subchapter. In order to determine that there are practical difficulties or unnecessary
hardships, the Board must find that the five following conditions exist:
1. If the applicant complies with the provisions of the subchapter, but can secure no
reasonable return from nor make reasonable use of the 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 subchapter that will make possible the reasonable use of his or her
property.
2. The hardship results from the application of this subchapter to the property rather
than from other factors such as deed restrictions or other hardship.
3. The hardship is due to the physical nature of the applicant's property, such as its
size, shape or topography, which is different from that of neighboring property.
4. The hardship is not the result of the actions of an applicant who knowingly or
unknowingly violates this subchapter or who purchases the property after the effective date of this
subchapter and then comes to the Board for relief.
5. The hardship is peculiar to the applicant's property, rather than the result of
conditions that are widespread. If other properties are equally subject to the hardship created in the
restriction, then granting a variance would be a special privilege denied to others and would not promote
equal justice.
(b) That the variance is in harmony with the general purpose and intent of this chapter and
preserves its spirit; and
(c) That in the granting the variance, the public safety and welfare have been assured and
substantial justice has been done. The Board shall not grant a variance if it finds that doing so would in
any respect impair the public health, safety or general welfare.
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(3) Conditions to granting a minor variance. In granting the variance, the Watershed Review
Board may attach such conditions regarding the location, character and other features of the proposed
building, structure or use as it deems advisable in furtherance of the purpose of this subchapter. If a
variance for the construction, alteration or use of property is granted, such construction, alteration or
use shall be in accordance with the approved site plan.
(4) Grounds for refusal to hear an appeal. The Watershed Review Board may refuse to hear
an appeal or an application for a variance previously denied if it finds that there have been no substantial
changes in conditions or circumstances bearing on the appeal or application.
(5) Watershed protection permit. A variance issued in accordance with this subchapter 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 months from the date of the decision.
(D) If an application calls for the granting of a major variance and if the Board of Adjustment
decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing
with all deliberate speed, to include the following:
(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; and
(6) The proposed decision, including all conditions proposed to be added to the permit.
(E) The preliminary record shall be sent to the N.C. 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 the property owner can secure no reasonable return from nor make any practical
use of the property unless the proposed variance is granted, and 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.
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(2) If the Commission concludes from the preliminary record that the variance qualifies as a
major variance and that the property owner can secure a reasonable return from or make a practical use
of the property without the variance, or the variance, if granted, will result in a serious threat to the
water supply, then the Commission shall deny approval of the variance as proposed. The Commission
shall prepare a Commission decision and send it to the Board of Adjustment. The Board shall prepare
a final decision denying the variance as proposed.
(Ord. passed 11-2-15)
§ 155.250 APPEALS FROM BOARD OF ADJUSTMENT.
Appeals from the Board of Adjustment must be filed with the Superior Court within 30 days from
the date of the decision. The appeal of decisions by the Superior Court will be in the manner of
certiorari.
(Ord. passed 11-2-15)
§ 155.251 HIGH DENSITY DEVELOPMENT STANDARDS.
(A) The Watershed Review Board may approve high density development proposals consistent with
the following standards: WS-II Watershed Areas -Critical Area (WS-II-CA). Where new development
exceeds either one dwelling unit per two acres or 6 % built -upon area, engineered stormwater controls
shall be used to control runoff from the first inch of rainfall and development shall not exceed 24 %
built -upon area.
(B) All high density development shall meet the requirements of this chapter.
(Ord. passed 10-7-13; Ord. passed 11-2-15)
§ 155.252 HIGH DENSITY DEVELOPMENT PERMIT APPLICATION
(A) A high density development permit shall be required for new development exceeding the
requirements of the low density option.
(B) Application for a high density development shall be addressed and submitted to the Watershed
Review Board through the Watershed Administrator. Application for high density development permit
shall be made on the proper form and shall include the following information:
(1) A completed high density development permit application signed by the owner of the
property;
(2) Two reproducible copies of the development plan within the drainage basin including the
following applicable information: application forms, subdivision plat checklist and detailed information
concerning built -upon area, etc;
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(3) Two reproducible copies of the plans and specifications of the stormwater control structure
consistent with this chapter;
(4) When required by law, written verification that a soil erosion and sedimentation control
plan has been approved by the appropriate state or local agency; and
(5) Permit application fees consistent with this chapter.
(C) Prior to taking final action on any application, the Board or the Watershed Administrator may
provide an opportunity to public agencies affected by the development proposal to review and make
recommendations on the application. However, failure of the agencies to submit their comments and
recommendations shall not delay the Board's action within prescribed time limit.
(D) The Watershed Review Board shall either approve or disapprove each application for a high
density development permit based on the applicable criteria contained in this chapter. First consideration
of a completed application shall be at the next regularly scheduled meeting of the Boards following its
receipt. The Board shall take action on the application as its first consideration or within 65 days of its
first consideration.
(1) If the Board approves the application based on its findings, such approval shall be indicated
on the permit and both copies of the site plan and both copies of the plans and specifications of the
stormwater control structure. A high density development permit shall be issued after the applicant posts
a performance bond acceptable security as required in this chapter and executes an operation and
maintenance agreement as required. A copy of the permit and one copy of each set of plans shall be kept
on file at the Watershed Administrator's office. The original permit and one copy of each set of plans
shall be delivered to the applicant either by personal service or registered mail, return receipt requested.
(2) If the Board disapproves the application based on its findings, the reasons for such action
shall be stated in the minutes of the Board and presented to the applicant in writing either by personal
service or registered mail, return receipt requested. The applicant may make changes and submit a
revised plan. All revisions shall be submitted, reviewed, and acted upon by the Board pursuant to the
procedures of this section.
(E) In addition to any other requirements provided by this chapter, the Board may designate
additional permit conditions and requirements to assure that the use will be harmonious with the area in
which it is proposed to be located and with the spirit of this chapter. All additional conditions shall be
entered in the minutes of the meeting at which the permit is granted, on all plans and on the permit
certificate. All conditions so imposed shall run with the land and shall be binding upon the applicant and
the applicant's heir, successors, or assigns during the continuation of the permitted use.
(F) The Board shall issue a written ruling and make copies available at the office of the Watershed
Administrator and the Town Clerk.
(Ord. passed 10-7-13; Ord. passed 11-2-15)
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§ 155.253 STORMWATER CONTROL STRUCTURES.
222CC
(A) All stormwater control structures shall be designed by a North Carolina registered professional
with qualifications appropriate for the type of system required; these registered professionals are defined
as professional engineers, landscape architect, to the extent that the design represents are defined as
professional engineers, landscape architect, to the extent that G.S. Ch. 89A allow and land surveyors,
to the extent that the design represents incidental drainage within a subdivision, as provided in G.S.
89C-3(7).
(B) All projects requiring stormwater controls shall use structural stormwater management systems,
as outlined in this Chapter 155. All structural stormwater systems shall be designed in accordance with
the NC DENR BMP Design Manual as well as the following design criteria:
(1) The discharge rate following the 1-inch design storm shall be such that the runoff draws
down to the pre -storm design stage within five days, but not less that two days; or
(2) The post development peak discharge rate shall equal the predevelopment rate for the
one-year, 24-hour storm.
(3) In the event new development or redevelopment has, in the opinion of the Stormwater
Administrator or his designee, the potential to cause increased downstream flooding and erosion, a
structural stormwater management system will be required that does not allow stormwater to leave the
project site at a rate greater than the predevelopment discharge rate for up to the 100-year, 24-hour
storm;
(4) All designs shall be in compliance with the North Carolina Division of Water Quality's
Stormwater Best Management Practices Design Manual's latest revision;
(5) Vegetative filters shall be constructed for the overflow and discharge of all stormwater wet
detention ponds and shall be at least 30 feet in length. The slope and width of the vegetative filter shall
be determined so as to provide a non -erosive velocity of flow -through the filter for a ten-year, 24-hour
storm with a ten-year, one -hour intensity with a slope of 5 % or less. Vegetation in the filter shall be
natural vegetation, grasses or artificially planted wetland vegetation appropriate for the site
characteristics;
(6) In the event new development or redevelopment has, in the opinion of the Stormwater
Administrator or his designee, the potential to cause increased downstream flooding and erosion, a
structural stormwater management system will be required that does not allow stormwater to leave the
project site at a rate greater than the predevelopment discharge rate for up to the 100-year, 24-hour
storm;
(7) All designs shall be in compliance with the North Carolina Division of Water Quality's
Stormwater Best Management Practices Design Manual's latest revision;
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(C) In addition to the vegetative filters required, all land areas outside of the pond shall be provided
with a ground cover sufficient to restrain erosion within ten days after any land disturbance. Upon
completion of the stormwater control structure, a permanent ground cover shall be established and
maintained as part of the maintenance agreement;
(D) A description of the area containing the stormwater control structure shall be prepared and filed
as described in this chapter, as a separate deed with the Alamance County Register of Deeds along with
any easements necessary for general access to the stormwater control structure. The deeded area shall
include the stormwater control structure, vegetative filters, all pipes and water control structures, berms,
dikes, etc., and sufficient area to perform inspections, maintenance, repairs, and reconstruction.
(E) Qualifying areas of the stormwater control structure may be considered pervious when
computing total built -upon area. However, if the structure is used to compute the percentage built -upon
area for one site, it shall not be used to compute built -upon are for any other site or area.
(Ord. passed 10-7-13; Ord. passed 11-2-15)
§ 155.254 POSTING OF FINANCIAL SECURITY REQUIRED AND OPERATION AND
MAINTENANCE REQUIREMENTS.
(A) Before the Watershed Administrator shall approve the completed facility and issue any permit
to exceed, the developer and/or maintaining entity shall furnish the Town of Haw River with a financial
guarantee ensuring future maintenance, operation and repair of the facility. The financial guarantee shall
be in the form of cash, an irrevocable letter of credit or other instrument readily convertible to cash at
face value and shall be deposited and made payable to the Town of Haw River. The amount of the
deposit shall be equal to 40 % of the total cost of constructing the facility. The initial cost estimates shall
be the responsibility of the developer but the approval of the final cost estimate shall be made by the
Watershed Administrator or his or her agent. At this time the developer and/or maintaining entity shall
also pay to the Town of Haw River a fee as set by the Town Council to cover annual inspections by the
town for 20 years.
(B) The initial duration of the financial guarantee shall be for 20 years. At the end of that period
the Town of Haw River may, at its own option, require extension of the guarantee for an additional
period of up to 20 years based upon future maintenance cost or take whatever lawful action it may deem
appropriate at that time. The financial guarantee may be dissolved at any time in its lifetime by mutual
agreement when the need for such guarantee no longer exists.
(C) As part of the financial guarantee, the developer or maintaining entity shall enter into a binding
operation and maintenance agreement in a form acceptable to and enforceable by the Town of Haw
River. Such agreement shall require the responsible entity to maintain, repair and, if necessary,
reconstruct the facility in accordance with the approved operation and maintenance plan. The plan shall
clearly indicate the steps that will be taken for restoring a stormwater control structure to design
specifications if a failure occurs.
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(D) Landscaping and grounds management shall be the responsibility of the owning entity.
However, vegetation shall not be established or allowed to mature to the extent that the integrity of the
control structure is diminished or threatened, or to the extent of interfering with any easement or access
to the stormwater control structure.
(E) The agreement shall pledge the financial guarantee in support of the agreement but also shall
acknowledge that default does not release the entity from liability/responsibility for operation,
maintenance and repair/reconstruction. The agreement shall provide that in case of default by the
operating entity, the Town of Haw River, at any time after default, may on its own motion assume actual
maintenance and operation of the facility and convert for its use in maintenance and operation any and
all funds remaining in the financial guarantee. The agreement shall be recorded with the appropriate
County Register of Deeds by the Watershed Administrator after it is executed by both parties. No
changes to the agreement or its terms including ownership and responsible entity shall be made except
upon agreement of the parties.
(F) Amendments to the plans and specifications of the stormwater control structure and/or the
operation and maintenance plan shall be approved by the Watershed Administrator. Proposed changes
shall be prepared by a North Carolina registered professional engineer or landscape architect (to the
extent that G. S. Ch. 89A allows) and submitted to and reviewed by the Watershed Administrator.
(Ord. passed 10-7-13; Ord. passed 11-2-15)
§ 155.255 APPLICATION AND INSPECTION FEES.
(A) Processing and inspection fees shall be submitted in the form of a check or money order made
payable to the town. Applications shall be returned if not accompanied by the required fee.
(B) A permit and inspection fee schedule, as approved by the Town of Haw River Town Council,
shall be posted in the Office of the Watershed Administrator.
(C) Inspection fees shall be valid for 60 days. An inspection fee shall be required when
improvements are made to the stormwater control structure consistent with this chapter, except in the
case when a similar fee has been paid within the last 60 days.
(Ord. passed 10-7-13; Ord. passed 11-2-15)
§ 155.256 INSPECTIONS AND RELEASE OF THE PERFORMANCE BOND.
(A) The stormwater control structure shall be inspected by the Watershed Administrator, after the
owning entity notifies the Watershed Administrator that all work has been completed. At this inspection,
the owning entity shall provide:
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(1) The signed deed, related easements and survey plat for the stormwater control structure
ready for filing with the Alamance County Register of Deeds;
(2) A certification sealed by an engineer or landscape architect (to the extent that G.S. Ch.
89A, allows) stating that the stormwater control structure is complete and consistent with the approved
plans and specifications
(B) The Watershed Administrator shall present the materials submitted by the developer and the
inspection report and recommendations to the Watershed Review Board at its next regularly scheduled
meeting.
(1) If the Board approves the inspection report and accepts the certification, deed, and
easements, the Board shall file the deed and easements with the Alamance County Register of Deeds,
release up to 60 % of the value of the performance bond or other security and issue a Watershed
Protection Occupancy Permit for the stormwater control structure, consistent with § 155.241 of this
chapter.
(2) If deficiencies are found, the Board shall direct that improvements and inspections be made
and/or documents corrected and resubmitted to the Board.
(C) No sooner than one year after the filing date of the deed, easements and maintenance agreement,
the developer may petition the Watershed Review Board to release the remaining value of the
performance bond or other security. Upon receipt of said petition, the Watershed Administrator shall
inspect the stormwater control structure to determine whether the controls are performing as designed
and intended. The Watershed Administrator shall present the petition, inspection report, and
recommendations to the Watershed Review Board.
(1) If the Board approves the report and accepts the petition, the developer shall deposit with
the Watershed Review Board a cash amount equal to that described in this chapter, after which, the
Board shall release the performance bond or other security.
(2) If the Board does not accept the report and rejects the petition, the Board shall provide the
developer with instructions to correct any deficiencies and all steps necessary for the release of the
performance bond or other security.
(D) A watershed protection occupancy permit shall not be issued for any building within the
permitted development until the Watershed Review Board has approved the stormwater control structure,
as provided.
(E) All stormwater control structures shall be inspected at least once on an annual basis to determine
whether the controls are performing as designed and intended. Records of inspection shall be maintained
on forms approved by the Town of Haw River. Annual inspections shall begin within one year of filing
date of the deed for the stormwater control structure.
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(F) In the event the Watershed Administrator discovers the need for corrective action or
improvements, the Watershed Administrator shall notify the owning entity of the needed improvements
and the date by which the corrective action is to be completed. All improvements shall be made
consistent with the plans and specifications of the stormwater control structure and the operation
maintenance plan or manual. After notification by the owning entity, the Watershed Administrator shall
inspect and approve the completed improvements. The Watershed Administrator may consult with an
engineer or landscape architect (to the extent that G.S. Ch. 89A allows) designated by the Watershed
Review Board.
(G) Appeals of any order, requirement, decision, or determination made by the Watershed
Administrator may be made to and decided by the Watershed Review Board consistent with Chapter 155.
(Ord. passed 10-7-13; Ord. passed 11-2-15)
§ 155.257 SANCTIONS.
(A) In addition to the remedies described in § 155.999 of this chapter and consistent with G.S.
160A-175, the Watershed Review Board may seek enforcement of this chapter through the Town Council
by assessing a civil penalty to be recovered by the town in a civil action in the nature of debt if the
offender does not pay the penalty in a prescribed period of time after being cited for violation of the
chapter. Said violation may be enforced by an appropriate equitable remedy issuing from a court of
competent jurisdiction. The court may issue an injunction and order of abatement commanding the
defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action
shall be governed in all respects by the laws and rules governing civil proceeding, including the Rules
of Civil Procedure in general and Rule 65 in particular.
(1) If the defendant fails or refuses to comply with an injunction or with an order of abatement
with the time allowed by the court, the defendant may be cited for contempt and the town may execute
the order of abatement. The town shall have a lien on the property for the cost of executing an order of
abatement in the nature of a mechanic's and materialman's lien.
(2) The defendant may secure cancellation of an order of abatement by paying all costs of the
proceeding and posting a bond for compliance with order. The bond shall be given with sureties
approved by the Clerk of Superior Court in an amount approved by the judge before whom the matter
is heard and shall be conditioned on the defendant's full compliance with the terms of the order of
abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or
cancel an injunction issued in conjunction therewith.
(B) Enforcement of this chapter may be by any one, all or a combination of the remedies authorized
in this chapter. Each day's continuing violation shall be a separate and distinct offense.
(Ord. passed 10-7-13; Ord. passed 11-2-15)
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