WSCO_PITT_WSWP Ordinance_Sect7_OverlayDistProvs_20210712

The overall residential density of a planned development shall not exceed that normally
permitted in the underlying zoning district. Building setback requirements are waived except
that lots and structures within 150 feet of the perimeter of the planned development shall be
in harmony with development on adjacent lands. No commercial use shall be permitted within
150 feet of the perimeter of the planned development unless the same or a similar use exists
adjacent to the perimeter at the time of approval of the planned development.
3. Review and Approval Procedures
The procedure for approval of a planned development shall combine the special use permit
review process and the subdivision plat review process. A master site plan for the entire
development shall be prepared and submitted along with a preliminary plat of those portions
of the planned development which will be subdivided. Submission and review procedures for
special use permit requests are described in Section 3. Specific development standards for a
planned development are delineated in Section 8(HHH). A final approved plat is necessary
prior to issuance of a certificate of zoning compliance.
Section 7. Overlay District Provisions and Special Purpose Regulations
A. Watershed Protection Overlay District Regulations
The watershed protection overlay districts, as described in Section 4(C)(2), are designed to
protect designated public water supply watershed from activities which could degrade water
quality. These separate watershed protection overlay districts have been established: WCA,
Critical Area Overlay District and WPA, Protected Area Overlay District. Both of these watershed
overlay districts are within a public water supply watershed that has been classified by the State
of North Carolina as a WS-IV watershed. The purpose of this Section is to implement the
provisions of the Water Supply Watershed Protection Act (NCGS 143-214.5) which requires Pitt
County to adopt minimum land use regulations to protect water quality of public surface water
supplies within the County's jurisdiction.
1. General Requirements
a. The regulations delineated in Section 7(A) are intended to comply with the requirements
of NCGS 143-214.5. For property located within a WCA or WPA Overlay District, the
provisions of Section 7(A) shall apply only to new development activities which require an
erosion and sedimentation control plan in accordance with the rules established by the
North Carolina Sedimentation Control Commission.
No structure or land use shall be allowed within the watershed protection overlay districts
which poses a threat to water quality and the public health, safety and welfare. Such
conditions may arise from inadequate on -site sewage systems which utilize ground
absorption; inadequate sedimentation and erosion control measures; the improper
storage or disposal of junk, trash or other refuse within a buffer area; the absence or
improper implementation of a spill containment plan for toxic and hazardous materials;
the improper management of stormwater runoff; or any other situation found to pose a
threat to water quality.
2. WCA Supplemental Standards
a. Applicability
The provisions of Section 7(A)(2) shall apply only to new development activities which
require an erosion and sedimentation control plan in accordance with the rules
established by the North Carolina Sedimentation Control Commission.
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b. Density and Built -Upon Area Requirements
Subdivisions and manufactured home parks. Each subdivision lot and manufactured
home park space must have a minimum of 21,780 square feet of land area or the
minimum required for the zoning district in which located, whichever requires more
land area. No single-family residential lot shall be less lot area than that required
above, excluding roadway right-of-way, unless located within an approved cluster
development in accordance with Section 7(A)(5). However, where on -site septic
systems are used, a larger minimum lot area may be required by the Pitt County
Environmental Health Division.
Multifamily residential developments. Multifamily residential developments must meet
at least one of the following conditions:
(1) A built -upon area of 24 percent or less or
(2) A minimum of 21,780 square feet of land area for each dwelling unit
iii. Nonresidential development. Nonresidential developments shall not exceed 24
percent built -upon area.
iv. For purposes of calculating built -upon area, total project area shall include acreage in
the tract on which the project is to be developed.
c. High Density Option
(Reserved)
d. Permitted Uses
Agricultural uses (subject to the provisions of the Food Security Act of 1985 and the
Food, Agricultural, Conservation and Trade Act of 1990) and silvicultural uses (subject to
the provisions of the Forest Practices Guidelines Related to Water Quality, 15A NCAC
011 .0101-.0209) are permitted with the WCA. Residential and nonresidential uses
allowed in the underlying conventional zoning district or another applicable overlay district
are permitted within the WCA except for the following:
Sites for land application of residuals or petroleum contaminated soils;
ii. New landfills;
3. WPA Supplemental Standards
a. Applicability
The provisions of Section 7(A)(3) shall apply only to new development activities which
require an erosion and sedimentation control plan in accordance with the rules
established by the North Carolina Sedimentation Control Commission.
b. Density and Built -Upon Area Requirements With a Curb and Gutter Street System
Subdivisions and manufactured home parks. Each subdivision lot and manufactured
home park space must have a minimum of 21,780 square feet of land area or the
minimum required for the zoning district in which located, whichever requires more
land area. No single-family residential lot shall be less lot area than that required
above, excluding roadway right-of-way, unless located within an approved cluster
development in accordance with Section 7(A)(5). However, where on -site septic
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systems are used, a larger minimum lot area may be required by the Pitt County
Environmental Health Division.
ii. Multifamily residential developments. Multifamily residential developments must meet
at least one of the following conditions:
(1) A built -upon area of 24 percent or less or
(2) A minimum of 21,780 square feet of land area for each dwelling unit.
iii. Nonresidential development. Nonresidential developments shall not exceed 24
percent built -upon area.
iv. For purposes of calculating built -upon area, total project area shall include acreage in
the tract on which the project is to be developed.
c. Density and Built -Upon Area Requirements Without a Curb and Gutter Street System
Subdivisions and manufactured home parks. Each subdivision lot and manufactured
home park space must have a minimum of 14,520 square feet of land area or the
minimum required for the zoning district in which located, whichever requires more
land area. No single-family residential lot shall be less lot area than that required
above, excluding roadway right-of-way, unless located within an approved cluster
development in accordance with Section 7(A)(5). However, where on -site septic
systems are used, a larger minimum lot area may be required by the Pitt County
Environmental Health Division.
Multifamily residential developments. Multifamily residential developments must meet
at least one of the following conditions:
(1) A built -upon area of 36 percent or less or
(2) A minimum of 14,520 square feet of land area for each dwelling unit.
iii. Nonresidential development. Nonresidential developments shall not exceed 36
percent built -upon area.
iv. For purposes of calculating built -upon area, total project area shall include acreage in
the tract on which the project is to be developed.
Pursuant to North Carolina Administrative Codes and this Ordinance, all projects
requiring sediment and erosion control permits and that utilize the low -density option,
must first be determined if transportation by vegetated conveyances is practicable. If
transportation of stormwater on the site can be practicably done by the use of vegetated
conveyances, then the standard curb and gutter and stormwater drain collection systems
are not allowed. That is, the below listed vegetated swale specifications are required:
i. Vegetative swale requirements:
(1) A vegetated conveyance device such as a swale shall be used to provide
transportation of stormwater runoff. The construction of the swale must provide
for even distribution of runoff across the width of the vegetated swale;
(2) The slope and length of the vegetative swale shall be designed, constructed, and
maintained so as to provide a non -erosive velocity of flow through the swale for
the 10-year storm and shall have a slope of five percent or less, where
practicable; and
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(3) Vegetation in swale may be natural vegetation, grasses, or artificially -planted
wetland vegetation appropriate for the site characteristics.
In lieu of use of only vegetative swales in these settings, curb and gutter collection
systems may be used if below listed curb outlet systems are employed:
ii. Curb Outlet systems
(1) Projects that meet the low -density provisions may use curb and gutter with
outlets to convey the stormwater to vegetated areas.
(2) The curb outlets shall be located such that swale or vegetated area can carry the
peak flow from the 10-year storm and the velocity of the flow shall be non -
erosive;
(3) The side slopes of the swales or vegetated areas shall not be steeper than 5:1
(horizontal to vertical). Where this is not practical due to physical constraints,
devices to slow the rate of runoff and to encourage infiltration to reduce pollutant
delivery shall be provided; and
(4) The swales or vegetated areas for curb outlet systems should be designed to
extend the maximum length practicable (e.g., 100-foot filter length).
e. High Density Option
The Technical Review Committee shall approve high density development proposals
consistent with the following standards:
Critical area
(1) Where new development exceeds either 2 dwelling units per acre or 24% built -
upon area, engineered stormwater controls shall be used to control runoff from
the first inch of rainfall and development shall not exceed 50% built -upon area.
High density development shall meet the requirements of this Ordinance.
ii. Protected area
(1) Where new development requires a Sedimentation/Erosion Control Plan and
exceeds either 2 dwelling units per acre or 24% built -upon area or 3 dwelling
units per area or 36% built -upon area for projects without curb and gutter street
systems, engineered stormwater controls shall be used to control runoff from the
first inch of rainfall and development shall not exceed 70% built -upon area. High
density development shall meet the requirements of this Ordinance.
f. Stormwater Control Structures
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 the General Statutes, Chapter 89A allow and
land surveyors, to the extent that the design represents incidental drainage within a
subdivision, as provided in North Carolina General Statutes 89 (C)-3(7).
ii. All stormwater controls shall use wet detention as a primary treatment system unless
alternative stormwater management measures, as outlined in Section 7.3.f.iii are
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used. Wet detention ponds shall be designed for specific pollutant removal
according to modeling techniques approved by the North Carolina Division of
Environmental Management. Specific requirements for these systems shall be in
accordance with following design criteria:
(1) Wet detention ponds shall be designed to remove 85% of total suspended solids
in the permanent pool and storage runoff from a one -inch rainfall from the site
above the permanent pool;
(2) The designed runoff storage volume shall be above the permanent pool;
(3) The discharge rate from these systems following the one -inch rainfall design
storm shall be such that the runoff does not draw down to the permanent pool
level in less than two (2) days and that the pond is drawn down to the permanent
pool level within at least five (5) days;
(4) The mean permanent pool depth shall be a minimum of three (3) feet;
(5) The inlet structure shall be designed to minimize turbulence using baffles or other
appropriate design features;
(6) Vegetative filters shall be constructed for the overflow and discharge of all
stormwater wet detention ponds and shall be at least thirty 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 10-year, 24-hour storm with a
10-year, 1-hour intensity with a slope of five percent or less. Vegetation in the
filter shall be natural vegetation, grasses or artificially planted wetland vegetation
appropriate for the site characteristics.
iii. Alternative stormwater management systems, consisting of one treatment option or a
combination of treatment options, may be used. The design criteria for approval shall
be 85 percent average annual removal of Total Suspended Solids. Also, the
discharge rate shall meet one of the following 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 than two
days; or
(2) The post development peak discharge rate shall equal the predevelopment rate
for the 1-year, 24-hour storm.
iv. In addition to the vegetative filters required in Section 7(A)(3)(f)(i)(6) all land areas
outside of the pond shall be provided with a ground cover sufficient to restrain
erosion within thirty (30) 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.
A description of the area containing the stormwater control structure shall be
prepared and filed as a separate deed with the Pitt 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.
vi. 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
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the percentage built -upon area for one site, it shall not be used to compute built -upon
area for any other site or area.
g. Maintenance and Upkeep
An operation and maintenance plan or manual shall be provided by the developer for
each stormwater control structure, indicating what operation and maintenance
actions are needed, what specific quantitative criteria will be used for determining
when those actions are to be taken and, consistent with the Operation and
Maintenance Agreement, who is responsible for those actions. The plan shall clearly
indicate the steps that will be taken for restoring a stormwater control structure to
design specifications if a failure occurs.
ii. 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.
iii. Except for general landscaping and grounds management, the owning entity shall
notify the Watershed Administrator prior to any repair or reconstruction of the
stormwater control structure. All improvements shall be made consistent with the
approval plans and specifications of the stormwater control structure and the
operation and maintenance plan or manual. After notification by the owning entity,
the Watershed Administrator shall inspect the completed improvements and shall
inform the owning entity of any required additions, changes, or modifications and of
the time period to complete said improvements. The Watershed Administrator may
consult with an engineer or landscape architect (to the extent that the General
Statutes, Chapter 89A, allow).
iv. Amendments to the plans and specifications of the stormwater control structure
and/or the operation and maintenance plan or manual shall be approved by the
Technical Review Committee. Proposed changes shall be prepared by a North
Carolina registered professional engineer or landscape architect (to the extent that
the General Statutes, Chapter 89A, allow) and submitted to and reviewed by the
Watershed Administrator prior to approval by the Technical Review Committee.
(1) If the Technical Review Committee approves the proposed changes, the owning
entity of the stormwater control structure shall file sealed copies of the revisions
with the Watershed Administrator.
(2) If the Technical Review Committee disapproves the changes, the proposal may
be revised and resubmitted to the Watershed Administrator as a new proposal. If
the proposal has not been revised and is essentially the same that already
reviewed, it shall be returned to the applicant.
v. If the Technical Review Committee finds that the operation and maintenance plan or
manual is inadequate for any reason, the Board shall notify the owning entity of any
required changes and shall prepare and file copies of the revised agreement with the
Pitt County Register of Deeds, the Office of the Watershed Administrator and the
owning entity.
h. Approval and Inspections
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 as -built plat for the stormwater control
structure;
(2) A certification sealed by an engineer or landscape architect (to the extent that the
General Statutes, Chapter 89A, allow) stating that the stormwater control
structure is complete and consistent with the approved plans and specifications.
ii. The Watershed Administrator shall review the materials submitted by the developer.
(1) If deficiencies are found, the Watershed Administrator shall direct that
improvements and inspections be made and/ or documents corrected and
resubmitted.
(2) An Occupancy Permit shall not be issued for any building within the permitted
development until the Watershed Administrator has approved the stormwater
control structure.
(3) 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 by the responsible party of
the stormwater structure or their designee. Annual inspections shall begin within
one year of filing date of the deed for the stormwater control structure.
(4) 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 the General Statutes, Chapter 89A, allow) designated by the
Technical Review Committee.
(5) Appeals of any order, requirement, decision, or determination made by the
Watershed Administrator and Technical Review Committee may be made to and
decided by the Pitt County Board of Adjustment.
Permitted Uses
Agricultural uses (subject to the provisions of the Food Security Act of 1985 and the
Food, Agricultural, Conservation and Trade Act of 1990) and silvicultural uses (subject to
the provisions of the Forest Practices Guidelines Related to Water Quality, 15A NCAC
011 .0101-.0209) are permitted with the WPA. Residential and nonresidential uses
allowed in the underlying conventional zoning district or another applicable overlay district
are permitted within the WPA.
4. Best Management Practices
a. Genera!
The construction of new roads and bridges and nonresidential development shall
minimize built -upon area, divert stormwater away from surface water supply waters as
much as possible, and employ best management practices to minimize water quality
impacts. To the extent practicable, the construction of new roads in the WCA Overlay
District should be avoided. The NC Department of Transportation shall use best
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management practices as outlined in its document entitled, Best Management Practices
for the Protection of Surface Waters.
b. Agricultural Uses
Agricultural uses are subject to the provisions of the Food Security Act of 1985 and the
Food, Agriculture, Conservation and Trade Act of 1990 (Public Law 101-624).
c. Forestry Operations
Forestry operations, if allowed in the underlying conventional zoning district, are subject
to the provisions of the Forest Practice Guidelines Related to Water Quality (15A NCAC
011 .0101-.0209).
5. Cluster Development
a. Cluster development is allowed in all watershed protection overlay districts provided that
the following conditions are met:
Minimum lot sizes may be reduced for single-family cluster development projects in
accordance with the provisions of Section 6(A)(2)(b). However, the total number of
lots shall not exceed the maximum number of lots allowed for single-family detached
developments nor the built -upon area requirements in Sections 7(A)(2)(b), 7(A)(3)(b)
and 7(A)(3)(c).
ii. All built -upon area shall be designed and located to minimize stormwater runoff
impact to the receiving waters and minimize concentrated stormwater flow.
iii. The remainder of the tract not built upon shall remain in a vegetated or natural state.
The title to the reserved open space area shall be conveyed to an incorporated
homeowners or property owners association for management; to a local government
for preservation as a park or open space; or to a conservation organization for
preservation in a permanent easement. Where a property association is not
incorporated, a maintenance agreement shall be filed with the property deeds.
6. Buffer Areas
A minimum fifty -foot vegetative buffer for new development activities is required along all
perennial waters indicated on the most recent versions of USGS 1:24,000 (7.5 minute)
scale topographic maps or as determined by local government studies. A minimum one -
hundred -foot vegetative buffer is required for all new development activities that utilize
the high -density development option authorized by Section 7(A). Desirable artificial
streambank or shoreline stabilization is permitted.
b. No new development is allowed in the buffer except for water -dependent structures, other
structures such as flag poles, signs and security lights which result in only diminutive
increases in impervious areas, and public projects such as street crossings and
greenways where no practicable alternative exists. These activities should minimize built -
upon surface area, direct runoff away from the surface waters and maximize the
utilization of stormwater Best Management Practices. Desirable artificial streambank or
shoreline stabilization is permitted.
c. Whenever the buffer requirements of other portions of this Ordinance are in conflict with
the provisions of this Section, the more stringent requirement shall apply. Section 7(E)(2)
contains standards for riparian buffers that exceed the minimum width of buffers required
by the state -mandated water supply watershed regulations.
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7. Existing Development
a. Existing development, as defined in Section 15(D), is not subject to the provisions of the
watershed overlay district requirements. Redevelopment of and expansion to existing
development is allowed as provided for herein.
b. Redevelopment of existing development is allowed if the rebuilding activity does not
result in a net increase in built -upon area or if the redevelopment activity includes equal
or greater stormwater control than the previous development. However, existing single-
family residential development may be redeveloped without any restrictions.
c. Expansions to uses and structures classified as existing development must meet the
requirements of this Section provided, however, that the built -upon area of the existing
development is not required to be included in the built -upon area calculations. However,
existing single-family residential development may be expanded without any restrictions.
8. Exceptions
If a nonconforming lot of record is not contiguous to any other lot owned by the same party,
then that lot of record shall not be subject to the development restrictions of this Ordinance if
it is developed for single-family residential purposes. Any lot or parcel created as part of a
family subdivision after the effective date of these rules shall be exempt from the provisions
of Section 7(A) if it is developed for one single-family detached residence and if it is exempt
from the requirements of the Subdivision Ordinance, Planning & Development Services
Ordinance No. 12, of the Pitt County Code.
9. Variances
Minor Variances. Minor variances, as defined in Section 15(D), to the provisions of
Section 7(A) may be approved by the Board of Adjustment pursuant to the variance
procedures outlined for the Board of Adjustment in Section 13(B)(2). The Zoning
Administrator shall keep a record of all such minor variances and shall submit, for each
calendar year, the record to the Water Quality Section, of the NC Division of
Environmental Management on or before January 1st of the following year. The record
shall include a description of each project receiving a variance and the reasons for
granting the variance.
b. Major Variances. Major variances, as defined in Section 15(D), shall be reviewed by the
Board of Adjustment pursuant to the procedures outlined in this Ordinance and a
recommendation prepared for submission to the NC Environmental Management
Commission (EMC). The record of a major variance review shall include the following
items:
i. The variance application;
ii. The hearing notices;
iii. The evidence presented;
iv. Motions, offers of proof, objections to evidence, and rulings on them;
v. Proposed findings and exceptions;
vi. The Board of Adjustment's recommendation, including all conditions proposed to be
added to the permit.
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Upon receiving the record of a major variance review from the Board of Adjustment, the
EMC shall (i) review the variance request, (ii) prepare a final decision on the request, and
(iii) forward its decision to the Board of Adjustment. If the EMC approves the variance as
proposed, the Board of Adjustment shall prepare a final decision granting the proposed
variance. If the EMC approves the variance with conditions and stipulations, the Board of
Adjustment shall prepare a final decision, including such conditions and stipulations,
granting the proposed variance. If the EMC denies the variance request, the Board of
Adjustment shall prepare a final decision denying the variance.
B. Flood Hazard District Overlay Requirements
The Flood Hazard Overlay District (FH), as established in Section 4(C)(4) is designed for the
purpose of protecting people and property from the hazards of flooding in accordance with the
authority provided in NCGS 153A-121. The provisions of this Section are a supplement to those
regulations found in the Pitt County Flood Damage Prevention Ordinance.
1. Findings of Fact
a. The flood prone areas within the jurisdiction of Pitt County are subject to periodic
inundation which results in loss of life, property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures of flood
protection and relief, and impairment of the tax base, all of which adversely affect the
public health, safety, and general welfare.
b. These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities, and by the occupancy in flood prone
areas by uses vulnerable to floods or hazardous to other lands which are inadequately
elevated, floodproofed, or otherwise unprotected from flood damages.
2. Basis for Establishing the Special Flood Hazard Areas
The Special Flood Hazard Areas are those identified by the Federal Emergency Management
Agency (FEMA) or produced under the Cooperating Technical State (CTS) agreement
between the State of North Carolina and FEMA in its Flood Hazard Boundary Map (FHBM) or
Flood Insurance Study (FIS) and its accompanying flood maps such as the Flood Insurance
Rate Map(s) (FIRM) and/or the Flood Boundary Floodway Map(s) (FBFM), for Pitt County
dated January 2, 2004 which with accompanying supporting data, and any revision thereto,
including Letters of Map Amendment or Revision, are adopted by reference and declared to
be a part of this Ordinance. The Special Flood Hazard Areas also include those defined
through standard engineering analysis for private developments or by governmental
agencies, but which have not yet been incorporated in the FIRM. This includes, but is not
limited to, detailed flood data:
a. Generated as a requirement of the Pitt County Flood Damage Prevention Ordinance,
Planning & Development Ordinance No. 4, of the Pitt County Code;
b. Preliminary FIRMs where more stringent than the effective FIRM; or
c. Post -disaster Flood Recovery Maps.
3. Regulations Do Not Guarantee Flood Protection
The degree of flood protection required by this Section is considered reasonable for
regulating purposes and is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased by man-made or
natural causes. This Section does not imply that land outside the areas of special flood
hazard or uses permitted within such areas will be free from flooding or flood damages. This
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