WSMU_HUNT_WSWP Ordinance_Sec 3.3.2 and 3.3.3_20210802

ARTICLE 3 MIL, OVERLAY DISTRICT
3.3.2 MOUNTAIN ISLAND LAKE WATERSHED OVERLAY DISTRICT (MIL-0)
Intent: The intent of the Mountain Island Lake Watershed Overlay District is to provide for the protection
of public water supplies as required by the N.C. Water Supply Watershed Classification and Protection Act
(G.S. 143-214.5) and regulations promulgated there under. The Mountain Island Lake Watershed Overlay
may be applied in any zoning district. The Mountain Island Lake Watershed Overlay District supplements
the regulations of the underlying zoning district within the Mountain Island Lake Watershed Protection
Area to ensure protection of public drinking water supplies. All regulations for the underlying district shall
continue to remain in effect for properties classified under the Mountain Island Lake Watershed Overlay
District.
.1 Applicability: The Mountain Island Lake Watershed Protection Area is that area within Mecklenburg
County which contributes surface drainage into Mountain Island Lake and which is bounded as follows:
beginning at the Mountain Island Lake Dam on the Catawba River and proceeding along the ridgeline in an
easterly direction to Rozzelle's Ferry Road and proceeding thence in a southeasterly direction along
Rozzelle's Ferry Road to the intersection of Mt. Holly-Huntersville Road, and thence proceeding along Mt.
Holly-Huntersville Road in a northeasterly direction to the intersection of Hambright Road, and thence
proceeding in an easterly direction along Hambright Road to N.C. 115, and thence proceeding in a northerly
direction along N.C. 115 to the intersection of N.C. 73 and thence in a westerly -southwesterly direction
along N.C. 73 to the Lake Norman Dam and thence proceeding in a southerly direction along the Catawba
River to the beginning point.
.2 Exceptions to Applicability:
a) Existing development, as defined in Section 12.2.3, is not subject to the requirements of the
Mountain Island Lake Watershed Overlay District. Expansions to structures classified as existing
development must meet the requirements of this section, however the built -upon area of the
existing development is not required to be included in the impervious area calculations.
b) An existing lot, as defined in Section 12.2.3, owned prior to the effective date of this ordinance,
regardless of whether or not a vested right has been established, may be developed for single
family residential purposes subject only to the buffer requirements of Section 3.3.3-A, f) and g) or
Section 3.3.3-13, f) and g), whichever are applicable.
c) Existing public utilities may expand without being subject to the restrictions of this part provided
that:
(i) Such expansion complies with all applicable laws of the State of North Carolina and the
United States of America, and
(ii) Discharges associated with the existing public utilities may be expanded, however the
pollutant load shall not be increased beyond presently permitted levels.
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ARTICLE 3
MIL, OVERLAY DISTRICT
.3 Watershed Subareas Established:
a) Critical Areas:
CAI - Lower Gar Creek. From normal pool elevation of Mountain Island Lake extending up Gar
Creek to Beatties Ford Road and to approximately the ridge line along the north side of Gar Creek
and to Mt. Holly-Huntersville Road on the south side of Gar Creek, as shown specifically on Town
of Huntersville Zoning Maps.
CA2 - Upper Gar Creek. From Beatties Ford Road upstream along Gar Creek to the limits of the
Gar Creek drainage basin and to approximately the ridge line along either side of Gar Creek, as
shown specifically on Town of Huntersville Zoning Maps.
CA3 - McDowell Creek. From normal pool elevation of Mountain Island Lake extending one mile
upstream on McDowell Creek and to approximately the ridge line along either side of McDowell
Creek, as shown specifically on Town of Huntersville Zoning Maps.
CA4 - Lake Front. Extending landward one half mile from normal pool elevation along Mountain
Island Lake and the Catawba River between Cowan's Ford Dam and Mountain Island Lake Dam,
as shown specifically on Town of Huntersville Zoning Maps.
b) Protected Areas:
PA1 - The area extending from the outer limits of the critical areas to five hydrologic miles from
the normal pool elevation and draining to Mountain Island Lake, as shown specifically on Town of
Huntersville Zoning Maps.
PA2 - The area extending from the outer limit of the PA1 area where it intersects with N.C. 73 and
running in a north -northeasterly direction along N.C. 73 to the intersection of I-77 and thence
proceeding in a southerly direction along I-77 to the intersection of Gilead Road and thence in an
easterly direction along Gilead Road to the intersection of N.C. 115 and thence in a southerly
direction along N.C. 115 to the intersection of Hambright Road and thence in a westerly direction
along Hambright Road to the intersection of Mt. Holly-Huntersville Road and thence in a
northwesterly direction along the outer limits of the CA2 and PAl areas to the beginning point, as
shown specifically on Town of Huntersville Zoning Maps.
PA3 - The area extending from the outer limits of the PA2 area to the limits of the Mountain Island
Lake Watershed, as shown specifically on Town of Huntersville Zoning Maps.
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MIL, OVERLAY DISTRICT
3.3.2-A Critical Areas (CA-1, CA-2, CA-3, CA4)
Intent: The intent of these regulations is to require higher standards in the Critical Areas of the Mountain
Island Lake Watershed because of the greater risk of water quality degradation from pollution. All uses
permitted in the Critical Areas are subject to the standards of both the overlay district and the underlying
zoning district. In every case, the more restrictive standard controls.
a) Permitted Uses
Uses permitted with conditions
• essential services 1 and 2, provided that there shall be no new industrial process or domestic
discharges into any stream or lake in the Mountain Island Lake Watershed, but existing
wastewater treatment plant(s) may expand so long as the total pollutant load per parameter is not
increased beyond the effluent limits permitted as of October 1, 1993, the effective date of
watershed protection regulations;
agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural,
Conservation and Trade Act of 1990. All 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 scale topographic maps or as determined by local government
studies. Agricultural activities begun after October 1, 1993 shall comply with the buffer
standards of Section 3.3.3 -A(f). Animal operations greater than 100 animal units shall employ
Best Management Practices by July 1, 1994 recommended by the Soil and Water Conservation
Commission;
• silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality
(15A NCAC 1 T.0201-.0209);
• residential uses permitted in the underlying district, subject to density and built -upon limits of the
low density development option; cluster development allowed in the underlying district is
permitted;
non-residential uses permitted in the underlying district, subject to the built -upon limits of the
low -density development option; cluster development allowed in the underlying district is
permitted.
b) Prohibited Uses
• all uses not permitted in the underlying zoning district
• residual applications
• landfills, sanitary
• landfills, off -site demolition
• new or expanded domestic and industrial discharges
• structural BMP's not associated with agriculture
• disposal or treatment of petroleum contaminated soils (land farming)
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ARTICLE 3
MIL, OVERLAY DISTRICT
c) Permitted Building and Lot Types d) Permitted Accessory Uses
• building and lot types permitted in the • accessory uses permitted in the
underlying zoning district underlying zoning district; uses
prohibited as principle uses are also
prohibited as accessory uses
e) Built -Upon Area Development Standards
For individual buildings or for development projects within the Critical Areas, the following impervious
area limitations are established on a building or project basis.
CAI
6% B.U.'
CA2
12% B.U.'
CA3
12% B.U.'
CA4
24% B.U.'
' Residential subdivisions approved after 2/17/03 shall reserve, at minimum, 1% of the lot
area but in no case less than 150 sq. ft. impervious area per lot to allow for addition of
future impervious areas by homeowner/occupant
f) Buffer Size
Undisturbed buffers, except as specifically provided in this section, are required in the Critical Areas along
the shoreline of Mountain Island Lake, measured horizontally by a licensed land surveyor from the normal
pool elevation (648' contour), and along all perennial streams, measured from the top of thebank on each
side of the stream.
CAI
100 feet or 100 year flood plain boundary, whichever
is greater
CA2
100 feet or 100 year flood plain boundary, whichever
is greater
CA3
100 feet or 100 year flood plain boundary, whichever
is greater
CA4 (lake shore)
100 feet
g) Buffer Protection
No permanent structures, impervious covers, septic tank systems or any other disturbance of existing
vegetation shall be allowed within the buffer except as follows:
1) The surveyed buffer boundary must be clearly marked on -site with orange "tree -protection" or
"high -hazard" fence prior to any land disturbing activities. Tree protection is required by Section
7.4(3) of this Ordinance.
2) The surveyed buffer boundary must be permanently marked with an iron pin at the intersection of
the watershed buffer and each property line following the completion of land disturbing activities
and prior to occupancy. Properties greater than 200' in width shall be marked at a maximum of
100' intervals.
3) No trees larger than 2-inch caliper, measured at 6 inches above the existing grade, are to be
removed except for dead or diseased trees. Undergrowth and trees less than 2-inch caliper,
measured at 6 inches above the existing grade, may be removed to be replaced by an effective
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ARTICLE 3
MIL, OVERLAY DISTRICT
stabilizing and filtering ground cover based upon the most recent edition of the "Watershed Buffer
Guidelines for Mecklenburg County, NU and as approved by the Mecklenburg County Water
Quality Program.
4) Stream bank or shoreline stabilization is allowed as approved on a plan submitted to the Town
Engineering Department and the Mecklenburg County Water Quality Program.
5) Water dependent structures and public projects such as road crossings and greenway paths are
allowed where no practical alternatives exist. These activities should minimize built -upon area,
direct runoff away from surface waters, and maximize the utilization of nonstructural BMP's and
pervious materials.
6) During new development or the expansion of existing development, the Town, upon the advice of
the Mecklenburg County Water Quality Program, can require enhancement of the existing
vegetation in the buffer if necessary so that the buffer can effectively perform its filtering and
absorption functions. Buffer enhancement requirements shall be based on the most recent edition
of the "Watershed Buffer Guidelines for Mecklenburg County, NU.
7) Mitigation of disturbed buffers required. Should existing vegetation within the buffer be disturbed
(except as allowed by this Ordinance) or should vegetation added to a buffer pursuant to paragraph
6) be disturbed, the property owner shall be required to enhance the buffer in accordance with the
most recent edition of the "Watershed Buffer Guidelines for Mecklenburg County, NU so that the
buffer can effectively perform its filtering and absorption functions.
8) Non -impervious recreational development and non -impervious pedestrian trails are allowed in the
required buffer in compliance with paragraph 3), above. Pathway guidelines are available in the
most recent edition of the "Watershed Buffer Guidelines for Mecklenburg County, NC." If in a
common area, such development and trails must be located a minimum of 30 feet from the normal
pool elevation of Mountain Island Lake (648' contour), or a minimum of 30 feet from the top of
the bank on each side of all perennial streams; except for waterfront access points approved by the
Town, upon the advice of the Mecklenburg County Water Quality Program.
9) Non -conforming structures and increasing built -upon area may permitted if the following criteria
are met:
a. The existing structure (to be expanded) was built prior to the enactment of the 1993 watershed
ordinance.
b. The Built -upon area (BUA) of the existing structure must cover a minimum of 10% of the
100-foot buffer on the lot.
c. In Critical Area 1 (CAI), which has a 6% BUA cap, the maximum allowable increase in BUA
in the buffers is 2%. In Critical Area 2 (CA2) and Critical Area 3 (CA3), which have a 12%
BUA cap and Critical Area 4 (CA4), which has a 24% BUA cap, the maximum allowable
increase in BUA is the buffer is 4%.
d. Existing BUA shall not be increased within the State minimum 50-foot buffer.
e. Best Management Practices (BMPs) (including rain gardens and plantings) must be installed
to achieve the following removal efficiencies for all BUA on the lot (not just the BUA in the
buffer):
i 85% removal of Total Suspended Solids (TSS)
ii 60% removal of Total Phosphorus (TP)
f. All BMPs shall be installed or planted in accordance with the Charlotte -Mecklenburg BMP
Design Manual and in accordance with Huntersville's Water Quality Ordinance.
g. Maintenance Agreements and Maintenance Plans must be recorded for all BMPs installed
and/or planted and the location of the BMP and corresponding notes must be recorded on the
deed in compliance with Huntersville's Water Quality Ordinance.
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ARTICLE 3
MIL, OVERLAY DISTRICT
h. Mitigation measures, including all BMPs, must be installed, inspected and approved and the
provisions described in item g (above) satisfied prior to the release of any certificates of
occupancy for the structural expansion.
i. All structural BMPs must be inspected and certified annually for compliance with design
criteria by a licensed N.C. engineer in accordance with the Huntersville Water Quality
Ordinance. Inspection reports must be submitted to Mecklenburg County for approval.
j. Any deficiencies detected to the BMP or any other mitigation measure must be corrected
within 30 days of detection at the sole expense of the property owner. Failure to do so will be
in violation of the Huntersville Water Quality Ordinance and could result in the assessment of
penalties.
h) Paired -Parcel Averaged -Density Development
The transfer of impervious development rights between two (2) parcels not within the boundaries of the
same subdivision by way of designated undisturbed natural areas. A metes and bounds description of the
space to be undisturbed and limits on use shall be recorded on the subdivision plat, in homeowner
covenants, and on individual deed and shall be irrevocable. The resultant impervious area/amount for the
two lots combined shall not exceed the original allowable impervious amount for each individual lot if they
were developed separately.
1) A density averaging certificate shall be considered one development request.
2) Overall impervious area/amount of the paired parcel averaged -density development, calculated by
built -upon area, shall not exceed the impervious that would be allowed if the parcels were developed
separately. The parcel pair shall be located in the same water supply watershed and preferably in
the same drainage area of the watershed. Parcel pairs may be located in the Critical Area and in the
Protected Area. However, if one of the parcels is located in the Critical Area and one is located in
the Protected Area, the Critical Area parcel shall not be developed beyond those impervious
amounts allowed in the critical area provisions of the Huntersville Zoning Ordinance. A property in
a more restricted watershed area shall not acquire impervious rights from a property in a less
restricted area of the watershed. The purpose of this provision is to preserve open space in the more
sensitive areas of the watershed.
3) The paired parcels may include or be developed for residential or non-residential purposes.
4) Buffers shall at least meet the appropriate minimum Huntersville Zoning Ordinance water supply
watershed protection requirements on both parcels in the parcel pair.
5) The portion of the parcel(s) which is not developed as part of the paired parcel, but that is being
averaged in the land area being evaluated to meet the built -upon surface area, shall remain in an
undisturbed vegetated or natural state. A metes and bounds description of the space to be
undisturbed and limits on use shall be recorded on the subdivision plat, in homeowner covenants,
and on individual deed and shall be irrevocable. The resultant impervious area/amount for the two
lots combined shall not exceed the original allowable impervious amount for each individual lot if
they were developed separately. It shall be noted on the plat that the Zoning Administrator shall
reserve the right to make periodic inspections to ensure compliance.
6) A Density Averaging Certificate shall be obtained from the Watershed Review Board (Board of
Adjustment) to ensure that both parcels considered together meet the standards of the ordinance and
that potential owners have record of how the watershed regulations were applied to the parcel pair.
Only the owner(s) of both of the paired parcels may submit the application for the Density
Averaging Certificate. A site plan for both of the parcels must be submitted and approved as part of
the Density Averaging Certificate. If such a certificate is granted, no change in the development
proposal authorized for either parcel shall be made unless the certificate is amended. Upon issuance
of such certificate, one copy will be forwarded to the North Carolina Division of Water Quality
(DWQ). Included with the Density Averaging Certificate will be a site plan, registered plats for
both properties, a description of both properties, and documentation reflecting the development
restrictions to the parcel pair that will remain undeveloped.

ARTICLE 3
MIL, OVERLAY DISTRICT
7) The Watershed Review Board shall make written findings supported by appropriate calculations and
documentation that the paired parcel averaged -density development plan as a whole conforms to the
intent and requirements of this Article and Section, and that the proposed agreement assures
protection of the public interest.
8) The undisturbed land area shall be recorded in the deed for the parcel to which it applies. The
Density Averaging Certificate shall be recorded in the deed for each of the parcels in the parcel
pair. Both the designated undisturbed land area and the certificate shall be noted on the subdivision
plat that applies to each of the parcels.
9) Stormwater runoff from paired parcel averaged density -averaged development which meets the low -
density option development requirements shall be controlled by vegetative conveyances to the
maximum extent practicable and shall be approved by Mecklenburg County Storm Water Services',
Water Quality Program.
10) Stormwater runoff from paired parcel averaged density development which meets the high -density
option development requirements shall be controlled on the parcel(s) where the high -density
development is occurring in accordance with the criteria specified in the Huntersville Water Quality
Design Manual and the Huntersville Zoning Ordinance for high -density development.
11) No parcel for which a watershed variance has been granted, or would be required, may be included
as part of a parcel pair.
12) Compliance with criteria 1-12 shall be evidence that the parcel pair is consistent with the orderly
and planned distribution of development throughout the watershed.
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ARTICLE 3 MIL, OVERLAY DISTRICT
3.3.2-B Protected Areas (PA-1, PA-2)
Intent: The intent of these regulations is to allow development with fewer restrictions in protected areas 1
and 2 than in the critical areas because the risk of water quality degradation from pollution is less in the
protected areas than in the critical areas. All uses permitted in the Protected Areas are subject to the
standards of both the overlay district and the underlying zoning district. In every case, the more restrictive
standard controls. Note: Protected area 3 defines the remainder of watershed and is not subject to
watershed regulation.
a) Permitted Uses
Uses permitted with conditions
essential services 1 and 2, provided that there shall be no new industrial process or domestic
discharges into any stream or lake in the Mountain Island Lake Watershed, but existing
wastewater treatment plant(s) may expand so long as the total pollutant load per parameter is not
increased beyond the effluent limits permitted as of October 1, 1993, the effective date of
watershed protection regulations;
agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural,
Conservation and Trade Act of 1990. All 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 scale topographic maps or as determined by local government
studies. Agricultural activities begun after October 1, 1993 shall comply with the buffer standards
of Section 3.3.3-13(f). Animal operations greater than 100 animal units shall employ Best
Management Practices by July 1, 1994 recommended by the Soil and Water Conservation
Commission;
• silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality
(15A NCAC 1 T.0201-.0209);
• storage of Hazardous Materials, subject to the filing of a spill/failure containment plan with
Mecklenburg County Fire Marshall and the fire department(s) with jurisdiction in the Huntersville
Mountain Island Lake Watershed Overlay District;
• residential uses permitted in the underlying district, subject to either the low density or the high
density option; cluster development allowed in the underlying district is permitted;
• non-residential uses permitted in the underlying district, subject to either the low density or the
high -density option; cluster development allowed in the underlying district is permitted.
b) Prohibited Uses
• all uses not permitted in the underlying zoning district
• in PA 1, off -site demolition landfills
• in PA 1, sanitary landfills
• in PA 1, wastewater treatment facilities

ARTICLE 3
MIL, OVERLAY DISTRICT
c) Permitted Building and Lot Types d) Permitted Accessory Uses
• building and lot types permitted in the • accessory uses permitted in the underlying
underlying zoning district zoning district; uses prohibited as principal
uses are also prohibited as accessory uses
e) Built -Upon Area Development Standards
For individual buildings or for development projects within Protected Areas 1 and 2, the following
impervious area limitations are established on a building or project basis.
PA and PA2, low density option
PAland PA2, high density option, where permitted
24% B.U. with curb and gutter streets'
36% B.U. without curb and gutter streets'
70% B.U. with BMP'
' Residential subdivisions approved after 2/17/03 shall reserve, at minimum, 1% of the lot area but
not less than 150 sq. ft. impervious area per lot to allow for addition of future impervious areas by
homeowner/occupant
f) Buffer Size
Undisturbed buffers, except as specifically provided in this section, are required in the Protected Areas
along all perennial streams, measured horizontally by a licensed land surveyor from the top of the bank on
each side of the stream.
PA I, low density option 50 feet
PA2, low density option 30 feet; 50 feet for agricultural uses
PA1, high density option 100 feet
PA2, high density option 100 feet
g) Buffer Protection
No permanent structures, impervious covers, septic tank systems or any other disturbance of existing
vegetation shall be allowed within the buffer except as follows:
1) The surveyed buffer boundary must be clearly marked on -site with orange "tree -protection" or
"high -hazard" fence prior to any land disturbing activities. Tree protection is required by Section
7.4(3) of this Ordinance.
2) The surveyed buffer boundary must be permanently marked with an iron pin at the intersection of
the watershed buffer and each property line following the completion of land disturbing activities
and prior to occupancy. Properties greater than 200' in width shall be marked at a maximum of
100' intervals.
3) No trees larger than 2-inch caliper, measured at 6 inches above the existing grade, are to be
removed except for dead or diseased trees. Undergrowth and trees less than 2-inch caliper,
measured at 6 inches above existing grade, may be removed to be replaced by an effective
stabilizing and filtering ground cover based upon the most recent edition of the "Watershed Buffer
Guidelines for Mecklenburg County, NC" and as approved by the Mecklenburg County Water
Quality Program.
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MIL, OVERLAY DISTRICT
4) Stream bank or shoreline stabilization is allowed as approved on a plan submitted to the Town
Engineering Department and the Mecklenburg County Water Quality Program.
5) Water dependent structures and public projects such as road crossings and greenway paths are
allowed where no practical alternatives exist. These activities should minimize built -upon area,
direct runoff away from surface waters, and maximize the utilization of nonstructural BMP's and
pervious materials.
6) During new development or the expansion of existing development, the Town, upon the advice of
the Mecklenburg County Water Quality Program, can require enhancement of the existing
vegetation in the buffer if necessary so that the buffer can effectively perform its filtering and
absorption functions. Buffer enhancement requirements shall be based on the most recent edition
of the "Watershed Buffer Guidelines for Mecklenburg County, NU.
7) Mitigation of disturbed buffers required. Should existing vegetation within the buffer be disturbed
(except as allowed by this Ordinance) or should vegetation added to a buffer pursuant to paragraph
6) be disturbed, the property owner shall be required to enhance the buffer in accordance with the
most recent edition of the "Watershed Buffer Guidelines for Mecklenburg County, NU so that the
buffer can effectively perform its filtering and absorption functions.
8) Non -impervious recreational development and non -impervious pedestrian trails are allowed in the
required buffer in compliance with paragraph 3), above. Pathway guidelines are available in the
most recent edition of the "Watershed Buffer Guidelines for Mecklenburg County, NC." If in a
common area, such development and trails must be located a minimum of 30 feet from the top of
the bank on each side of all perennial streams; except for waterfront access points approved by the
Town, upon the advice of the Mecklenburg County Water Quality Program.
9) Non -conforming structures and increasing built -upon area may permitted if the following criteria
are met:
a. The existing structure (to be expanded) was built prior to the enactment of the 1993
watershed ordinance.
b. The Built -upon area (BUA) of the existing structure must cover a minimum of 10% of the
100-foot buffer on the lot.
c. In Critical Area 1 (CAI), which has a 6% BUA cap, the maximum allowable increase in
BUA in the buffers is 2%. In Critical Area 2 (CA2) and Critical Area 3 (CA3), which
have a 12% BUA cap and Critical Area 4 (CA4), which has a 24% BUA cap, the
maximum allowable increase in BUA is the buffer is 4%.
d. Existing BUA shall not be increased within the State minimum 50-foot buffer.
e. Best Management Practices (BMPs) (including rain gardens and plantings) must be
installed to achieve the following removal efficiencies for all BUA on the lot (not just the
BUA in the buffer):
i. 85% removal of Total Suspended Solids (TSS)
ii. 60% removal of Total Phosphorus (TP)
f. All BMPs shall be installed or planted in accordance with the Charlotte -Mecklenburg
BMP Design Manual and in accordance with Huntersville's Water Quality Ordinance.
g. Maintenance Agreements and Maintenance Plans must be recorded for all BMPs
installed and/or planted and the location of the BMP and corresponding notes must be
recorded on the deed in compliance with Huntersville's Water Quality Ordinance.
h. Mitigation measures, including all BMPs, must be installed, inspected and approved and
the provisions described in item g (above) satisfied prior to the release of any certificates
of occupancy for the structural expansion.
i. All structural BMPs must be inspected and certified annually for compliance with design
criteria by a licensed N.C. engineer in accordance with the Huntersville Water Quality
Ordinance. Inspection reports must be submitted to Mecklenburg County for approval.
j. Any deficiencies detected to the BMP or any other mitigation measure must be corrected
within 30 days of detection at the sole expense of the property owner. Failure to do so

ARTICLE 3 MIL, OVERLAY DISTRICT
will be in violation of the Huntersville Water Quality Ordinance and could result in the
assessment of penalties.
h) High Density Option Requirements in Protected Areas of the MIL Watershed
(1) The High Density Option allows for greater development density provided engineered controls
(structural BMPs) are used to manage storm water runoff. Structural BMPs are required under the
High Density Option. The HIGH DENSITY OPTION is permitted in the PA and PA2 subareas.
It shall be permitted only for such time as an interlocal agreement remains in force between the
Town of Huntersville and Mecklenburg County, whereby Mecklenburg County assumes
responsibility for review and approval of High Density Development Permits, initial inspection and
approval, annual inspection and reporting, and maintenance of structural BMPs within the
jurisdiction of the Town of Huntersville, as set forth in a Storm Water Management Interlocal
agreement between the County of Mecklenburg and the Town of Huntersville. In addition to
meeting basic zoning and subdivision standards of the Town of Huntersville, high density
development shall meet the requirements of this section, the Land Development Standards Manual,
other published standards of the Town Engineering Department, and Section 10.509 paragraph 3
of the Mecklenburg County Zoning Ordinance as may be amended from time to time.
(2) High Density 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 Permit shall be submitted as follows:
(i) Development plans subject to the Huntersville Subdivision Ordinance and the Sediment
and Erosion Control Ordinance will submit the High Density Development Permit to the
Town Engineering Department and the Huntersville Planning Director, or designee, as
part of the subdivision review application process.
(ii) Development plans exempt from subdivision ordinance regulations will submit the High
Density Development Permit to the Town Engineer or their designee as part of the
Sediment and Erosion Control requirements of the building permit application process.
(iii) Applications for the High Density Option shall be made on the proper form and shall
include the following information:
• A completed High Density Development Permit Application signed by the owner of
the property. The signature of the consulting engineer or other agent will be accepted
on the application only if accompanied by a letter of authorization.
• Required number of development plans and specifications of the storm water control
structure.
• Submittal of a sediment and erosion control plan to the appropriate agency.
• Permit application fees.
(3) Structural BMPs.
(a) All structural BMPs shall be designed, and the plans sealed, by a North Carolina registered
professional with qualifications appropriate for the type of system required; these registered
professionals are defined as professional engineers, landscape architects, 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 General Statutes 89(C)-
3(7).
(b) Structural BMPs shall be designed for specific pollutant removal according to modeling
techniques approved by the North Carolina Division of Water Quality. Specific requirements
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MIL, OVERLAY DISTRICT
for these systems shall be in accordance with the design criteria and standards contained in the
Land Development Standards Manual.
(c) Qualifying areas of the structural BMP 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 the built -upon area for any other site or area.
(d) The design of the structural BMP shall include the appropriate easements for ingress and
egress necessary to perform inspections, maintenance, repairs and reconstruction.
(4) Posting of Financial Security Required.
(a) When Structural BMP's are required under the High Density Option, the approval of the High
Density Development Permit will be subject to developer compliance with Section 10.509
paragraph 3 of the Mecklenburg County Zoning Ordinance, the provisions of which, including
subsequent amendments, are incorporated herein.
(5) Additional Requirements.
(a) An Occupancy Permit shall not be issued for any building within the permitted development
until the Town Engineering Department has approved the storm water control structure.
(b) Appeals of any order, requirement, decision or determination shall be made to and decided by
the Zoning Board of Adjustment of the Town of Huntersville.
i) Paired -Parcel Averaged -Density Development
The transfer of impervious development rights between two (2) parcels not within the boundaries of the
same subdivision by way of designated undisturbed natural areas. A metes and bounds description of the
space to be undisturbed and limits on use shall be recorded on the subdivision plat, in homeowner
covenants, and on individual deed and shall be irrevocable. The resultant impervious area/amount for the
two lots combined shall not exceed the original allowable impervious amount for each individual lot if they
were developed separately.
1) A density averaging certificate shall be considered one development request.
2) Overall impervious area/amount of the paired parcel averaged -density development, calculated by
built -upon area, shall not exceed the impervious that would be allowed if the parcels were developed
separately. The parcel pair shall be located in the same water supply watershed and preferably in
the same drainage area of the watershed. Parcel pairs may be located in the Critical Area and in the
Protected Area. However, if one of the parcels is located in the Critical Area and one is located in
the Protected Area, the Critical Area parcel shall not be developed beyond those impervious
amounts allowed in the critical area provisions of the Huntersville Zoning Ordinance. A property in
a more restricted watershed area shall not acquire impervious rights from a property in a less
restricted area of the watershed. The purpose of this provision is to preserve open space in the more
sensitive areas of the watershed.
3) The paired parcels may include or be developed for residential or non-residential purposes.
4) Buffers shall at least meet the appropriate minimum Huntersville Zoning Ordinance water supply
watershed protection requirements on both parcels in the parcel pair.
5) The portion of the parcel(s) which is not developed as part of the paired parcel, but that is being
averaged in the land area being evaluated to meet the built -upon surface area, shall remain in an
undisturbed vegetated or natural state. A metes and bounds description of the space to be
undisturbed and limits on use shall be recorded on the subdivision plat, in homeowner covenants,
and on individual deed and shall be irrevocable. The resultant impervious area/amount for the two
lots combined shall not exceed the original allowable impervious amount for each individual lot if
they were developed separately. It shall be noted on the plat that the Zoning Administrator shall
reserve the right to make periodic inspections to ensure compliance.
6) A Density Averaging Certificate shall be obtained from the Watershed Review Board (Board of
Adjustment) to ensure that both parcels considered together meet the standards of the ordinance and
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ARTICLE 3
MIL, OVERLAY DISTRICT
that potential owners have record of how the watershed regulations were applied to the parcel pair.
Only the owner(s) of both of the paired parcels may submit the application for the Density
Averaging Certificate. A site plan for both of the parcels must be submitted and approved as part of
the Density Averaging Certificate. If such a certificate is granted, no change in the development
proposal authorized for either parcel shall be made unless the certificate is amended. Upon issuance
of such certificate, one copy will be forwarded to the North Carolina Division of Water Quality
(DWQ). Included with the Density Averaging Certificate will be a site plan, registered plats for
both properties, a description of both properties, and documentation reflecting the development
restrictions to the parcel pair that will remain undeveloped.
7) The Watershed Review Board shall make written findings supported by appropriate calculations and
documentation that the paired parcel averaged -density development plan as a whole conforms to the
intent and requirements of this Article and Section, and that the proposed agreement assures
protection of the public interest.
8) The undisturbed land area shall be recorded in the deed for the parcel to which it applies. The
Density Averaging Certificate shall be recorded in the deed for each of the parcels in the parcel
pair. Both the designated undisturbed land area and the certificate shall be noted on the subdivision
plat that applies to each of the parcels.
9) Stormwater runoff from paired parcel averaged density -averaged development which meets the low -
density option development requirements shall be controlled by vegetative conveyances to the
maximum extent practicable and shall be approved by Mecklenburg County Storm Water Services',
Water Quality Program.
10) Stormwater runoff from paired parcel averaged density development which meets the high -density
option development requirements shall be controlled on the parcel(s) where the high -density
development is occurring in accordance with the criteria specified in the Huntersville Water Quality
Design Manual and the Huntersville Zoning Ordinance for high -density development.
11) No parcel for which a watershed variance has been granted, or would be required, may be included
as part of a parcel pair.
12) Compliance with criteria 1-12 shall be evidence that the parcel pair is consistent with the orderly
and planned distribution of development throughout the watershed.
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ARTICLE 3
MIL, OVERLAY DISTRICT
11 3.3.2-C Appeals and Variances in MIL-0 District
1 The Zoning Board of Adjustment is hereby designated the Watershed Review Board.
.2 An appeal to reverse or modify the order, decision, determination, or interpretation of the Zoning
Administrator (herein designated the Watershed Administrator), shall comply with the procedures
and standards of Section 11.3 of these regulations.
.3 A petition for variance to the standards of the Mountain Island Lake Watershed Overlay District
shall comply with the procedures and standards of Section 11.3 of these regulations, with the
following exceptions.
a) In addition to the notification requirements of Section 11.3, the Watershed Administrator shall
also notify in writing each local government having jurisdiction in the watershed and the entity
using the water supply for consumption. Such notice shall include a description of the
variance being requested. Local governments receiving notice of the variance request may
submit comments to the Watershed Administrator prior to a decision by the Watershed
Review Board. Such comments shall become a part of the record of proceedings of the
Watershed Review Board.
b) Major and Minor Variances are differentiated by definition.
Minor variances shall include petitions for the reduction of any numerical standard of the
low -density option in the overlay district by a factor of 10% or less.
Major variances mean variance from the minimum statewide water supply watershed
protection criteria that result in any one or more of the following:
Petitions for the reduction of any numerical standard of the low density option in the
overlay district by a factor of more than 10%; and
Petitions for variation in the design, maintenance or operation requirements of a wet
detention pond or other approved storm water system; and
Petitions for the reduction of any management requirement that applies to a
development proposal intended to qualify under the high -density option.
c) Major and Minor Variances are differentiated as to procedures and standards.
Minor variances shall comply with the procedures and standards of Section 11.3 of these
regulations. An annual report of minor variances granted shall be submitted by the
Watershed Administrator for each calendar year to the Division of Water Quality on or
before January 1 st of the following year and provide a description of each project
receiving a variance and the reasons for granting the variance.
Major variances shall comply with the procedures and standards of Section 11.3 except
that:
A decision by the Watershed Review Board to deny a major variance shall be final.
Appeal shall be to a court of competent jurisdiction as provided in Section 11.3.
A decision by the Watershed Review Board to approve a major variance shall be
advisory only. The Watershed Administrator shall within 30 days forward a record
of the Board of Adjustment hearing, findings, and conclusions to the North Carolina
Environmental Management Commission for final decision.
The Watershed Review Board may advise approval of a major variance petition upon
satisfying the findings of Section 11.3.2 f, or upon the finding that significant
community economic or social benefit would be derived from the grant of the
variance.
KAVLI]

ARTICLE 3 LN OVERLAY DISTRICT
3.3.3 LAKE NORMAN WATERSHED OVERLAY DISTRICT (LN-O)
Intent: The intent of the Lake Norman Watershed Overlay District is to provide for the protection of
public water supplies as required by the N.C. Water Supply Watershed Classification and Protection Act
(G.S. 143-214.5) and regulations promulgated there under. The Lake Norman Watershed Overlay may be
applied in any zoning district. The Lake Norman Watershed Overlay District supplements the regulations
of the underlying zoning district within the Lake Norman Watershed Protection Area to ensure protection of
public drinking water supplies. All other uses and regulations for the underlying district shall continue to
remain in effect for properties classified under the Lake Norman Watershed Overlay District.
.1 Applicability: The Lake Norman Watershed Protection Area is that area within the jurisdiction of the
Town of Huntersville which contributes surface drainage into that portion of the Catawba River known as
Lake Norman and its tributaries. The Lake Norman Watershed Protection area is specifically defined on
the Huntersville Zoning Maps.
.2 Exceptions to Applicability:
a) Existing development, as defined in Section 12.2.3, is not subject to the requirements of the Lake
Norman Watershed Overlay District. Expansions to structures classified as existing development
must meet the requirements of this section, however the built -upon area of the existing
development is not required to be included in the impervious area calculations.
b) An existing lot, as defined in Section 12.2.3, owned prior to the effective date of this ordinance,
regardless of whether or not a vested right has been established, may be developed for single
family residential purposes subject only to the buffer requirements of Section 3.3.4-A, f) and g),
whichever are applicable.
c) Existing public utilities may expand without being subject to the restrictions of this part provided
that:
(i) Such expansion complies with all applicable laws of the State of North Carolina and the
United States of America; and
(ii) Discharges associated with the existing public utilities may be expanded, however the
pollutant load shall not be increased beyond presently permitted levels.
.3 Watershed Subareas Established:
a) Critical Area. The Critical Area is defined as the land area which begins at the normal pool
elevation of Lake Norman and extends one-half mile inland or to the ridgeline, whichever is
closest, as shown more specifically on the Huntersville Zoning Maps.
b) Protected Area. There is no Lake Norman Protected Area located within the jurisdiction of the
Town of Huntersville.
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ARTICLE 3
LN OVERLAY DISTRICT
3.3.3-A Critical Area (CA)
Intent: The intent of these regulations is to require higher standards in the Critical Area of the Lake
Norman Watershed because of the greater risk of water quality degradation from pollution. All uses
permitted in the Critical Area for which erosion/sedimentation control plans are required under
Mecklenburg County regulations are subject to the standards of both the overlay district and the underlying
zoning district. In every case the more restrictive standard controls.
a) Permitted Uses
Uses permitted with conditions
• essential services 1 and 2, provided that there shall be no new industrial process or domestic
discharges into any stream or lake in the Lake Norman Watershed, but existing wastewater
treatment plant(s) may expand so long as the total pollutant load per parameter will not be
increased beyond the effluent limits permitted as of October 1, 1993, the effective date of
watershed protection regulations;
agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural,
Conservation and Trade Act of 1990. All 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 scale topographic maps or as determined by local government
studies. Agricultural activities begun after October 1, 1993 shall comply with the buffer standards
of Section 3.3.3-A(f). Animal operations greater than 100 animal units shall employ Best
Management Practices by July 1, 1994 recommended by the Soil and Water Conservation
Commission;
• silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality
(15A NCACIT.0201-.0209);
• residential uses permitted in the underlying district, subject to either the low or high density option;
cluster development allowed in the underlying district is permitted;
• non-residential uses permitted in the underlying district, subject to either the low or high -density
development option; cluster development allowed in the underlying district is permitted.
b) Prohibited Uses
• all uses not permitted in the underlying zoning district
• residual applications
• landfills, sanitary
• landfills, off -site demolition
• new or expanded domestic and industrial discharges
• disposal or treatment of petroleum contaminated soils (land farming)
• petroleum storage tanks as a principal use
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ARTICLE 3 LN OVERLAY DISTRICT
c) Permitted Building and Lot Types
• building and lot types permitted in the underlying zoning district
d) Permitted Accessory Uses
• accessory uses permitted in the underlying zoning district; uses prohibited as principal uses are
also prohibited as accessory uses
e) Built -Upon Area Development Standards
For individual buildings or for development projects within the Lake Norman Critical Area, the following
impervious area limitations are established on a building or project basis.
CA, low density option 24% 13.U.1
CA, high density option 50% B.U. with Structural BMP1
1 Residential subdivisions approved after 2/17/03 shall reserve, at minimum, 1% of the lot
area but not less than 150 sq. ft. impervious area per lot to allow for addition of future
impervious areas by homeowner/occupant
f) Buffer Size
Undisturbed buffers, except as specifically provided in this section, are required along the shoreline of Lake
Norman measured horizontally by a licensed land surveyor from the normal pool elevation (760' contour)
and along each side of all perennial streams measured from the top of the bank on each side on the stream.
Minimum buffer widths are:
CA, low density option 50 feet
CA, high density option 100 feet
g) Buffer Protection
No permanent structures, impervious covers, septic tank systems or any other disturbance of existing
vegetation shall be allowed within the buffer except as follows:
1) The surveyed buffer boundary must be clearly marked on -site with orange "tree -protection" or
"high -hazard" fence prior to any land disturbing activities. Tree protection is required by Section
7.4(3) of this Ordinance.
2) The surveyed buffer boundary must be permanently marked with an iron pin at the intersection of
the watershed buffer and each property line following the completion of land disturbing activities
and prior to occupancy. Properties greater than 200' in width shall be marked at a maximum of
100' intervals.
3) No trees larger than 2-inch caliper, measured at 6 inches above the existing grade, are to be
removed except for dead or diseased trees. Undergrowth and trees less than 2-inch caliper,
measured at 6 inches above the existing grade, may be removed to be replaced by an effective
stabilization and filtering ground cover based upon the most recent edition of the "Watershed
Buffer Guidelines for Mecklenburg County, NC" and as approved by the Mecklenburg County
Water Quality Program.
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ARTICLE 3
LN OVERLAY DISTRICT
4) Stream bank or shoreline stabilization is allowed as approved on a plan submitted to the Town
Engineering Department and the Mecklenburg County Water Quality Program.
5) Water dependent structures and public projects such as road crossings and greenway paths are
allowed where no practical alternatives exist. These activities should minimize built -upon area,
direct runoff away from surface waters, and maximize the utilization of nonstructural BMP's and
pervious materials.
6) During new development or the expansion of existing development, the Town, upon the advice of
the Mecklenburg County Water Quality Program, can require enhancement of the existing
vegetation in the buffer if necessary so that the buffer can effectively perform its filtering and
absorption functions. Buffer enhancement requirements shall be based on the most recent edition
of the "Watershed Buffer Guidelines for Mecklenburg County, NU.
7) Mitigation of disturbed buffers required. Should existing vegetation within the buffer be disturbed
(except as allowed by this Ordinance) or should vegetation added to a buffer pursuant to paragraph
6) be disturbed, the property owner shall be required to enhance the buffer in accordance with the
most recent edition of the "Watershed Buffer Guidelines for Mecklenburg County, NU so that the
buffer can effectively perform its filtering and absorption functions.
8) Non -impervious recreational development and non -impervious pedestrian trails are allowed in the
required buffer in compliance with paragraph 3), above. Pathway guidelines are available in the
most recent edition of the "Watershed Buffer Guidelines for Mecklenburg County, NC." If in a
common area, such development and trails must be located a minimum of 30 feet from the normal
pool elevation of Lake Norman (760' contour), or a minimum of 30 feet from the top of the bank
on each side of all perennial streams; except for waterfront access points approved by the Town,
upon the advice of the Mecklenburg County Water Quality Program.
(h) High Density Option Requirements in the Critical Area of the LN Watershed
1) The High Density Option allows for greater development density provided engineered controls
(structural BMPs) are used to manage storm water runoff. Structural BMPs are required under the
High Density Option. The HIGH DENSITY OPTION is permitted in the CA subarea. It shall be
permitted only for such time as an interlocal agreement remains in force between the Town of
Huntersville and Mecklenburg County, whereby Mecklenburg County assumes responsibility for
review and approval of High Density Development Permits, initial inspection and approval, annual
inspection and reporting, and maintenance of structural BMPs within the jurisdiction of the Town
of Huntersville, as set forth in a Storm Water Management interlocal agreement between the
County of Mecklenburg and the Town of Huntersville. In addition to meeting basic zoning and
subdivision standards of the Town of Huntersville, high density development shall meet the
requirements of this section, the Land Development Standards Manual, other published standards
of the Town Engineering Department, and Section 10.509 paragraph 3 of the Mecklenburg County
Zoning Ordinance as may be amended from time to time.
2) High Density Permit Application.
1) A High Density Development Permit shall be required for new development exceeding the
requirements of the low -density option.
2) Application for a High Density Development Permit shall be submitted as follows:
i. Development plans subject to the Huntersville Subdivision Ordinance and the Sediment
and Erosion Control Ordinance will submit the High Density Development Permit to the
Town Engineering Department and the Huntersville Planning Director, or designee, as
part of the subdivision review application process.
K�Ld

ARTICLE 3
LN OVERLAY DISTRICT
ii. Development plans exempt from subdivision ordinance regulations will submit the High
Density Development Permit to the Town Engineer or their designee as part of the
Sediment and Erosion Control requirements of the building permit application process.
iii. Applications for the High Density Option shall be made on the proper form and shall
include the following information:
• A completed High Density Development Permit Application signed by the owner of the
property. The signature of the consulting engineer or other agent will be accepted on the
application only if accompanied by a letter of authorization.
• Required number of development plans and specifications of the storm water control
structure.
• Submittal of a sediment and erosion control plan to the appropriate agency.
Permit application fees.
3) Structural BMPs.
(a) All structural BMPs shall be designed, and the plans sealed, by a North Carolina registered
professional with qualifications appropriate for the type of system required; these registered
professionals are defined as professional engineers, landscape architects, 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 General Statutes 89(C)-
3(7).
(b) Structural BMPs shall be designed for specific pollutant removal according to modeling
techniques approved by the North Carolina Division of Water Quality. Specific requirements
for these systems shall be in accordance with the design criteria and standards contained in the
Land Development Standards Manual.
(c) Qualifying areas of the structural BMP 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 the built -upon area for any other site or area.
(d) The design of the structural BMP shall include the appropriate easements for ingress and
egress necessary to perform inspections, maintenance, repairs and reconstruction.
4) Posting of Financial Security Required.
(a) When Structural BMPs are required under the High Density Option, the approval of the High
Density Development Permit will be subject to developer compliance with Section 10.509
paragraph 3 of the Mecklenburg County Zoning Ordinance, the provisions of which, including
subsequent amendments, are incorporated herein.
5) Additional Requirements.
(a) An Occupancy Permit shall not be issued for any building within the permitted development
until the Town Engineering Department has approved the storm water control structure.
(b) Appeals of any order, requirement, decision or determination shall be made to and decided by
the Zoning Board of Adjustment of the Town of Huntersville.
KAVAy

ARTICLE 3 LN OVERLAY DISTRICT
i) Paired -Parcel Averaged -Density Development
The transfer of impervious development rights between two (2) parcels not within the boundaries of the
same subdivision by way of designated undisturbed natural areas. A metes and bounds description of the
space to be undisturbed and limits on use shall be recorded on the subdivision plat, in homeowner
covenants, and on individual deed and shall be irrevocable. The resultant impervious area/amount for the
two lots combined shall not exceed the original allowable impervious amount for each individual lot if they
were developed separately.
1) A density averaging certificate shall be considered one development request.
2) Overall impervious area/amount of the paired parcel averaged -density development, calculated by
built -upon area, shall not exceed the impervious that would be allowed if the parcels were developed
separately. The parcel pair shall be located in the same water supply watershed and preferably in
the same drainage area of the watershed. Parcel pairs may be located in the Critical Area and in the
Protected Area. However, if one of the parcels is located in the Critical Area and one is located in
the Protected Area, the Critical Area parcel shall not be developed beyond those impervious
amounts allowed in the critical area provisions of the Huntersville Zoning Ordinance. A property in
a more restricted watershed area shall not acquire impervious rights from a property in a less
restricted area of the watershed. The purpose of this provision is to preserve open space in the more
sensitive areas of the watershed.
3) The paired parcels may include or be developed for residential or non-residential purposes.
4) Buffers shall at least meet the appropriate minimum Huntersville Zoning Ordinance water supply
watershed protection requirements on both parcels in the parcel pair.
5) The portion of the parcel(s) which is not developed as part of the paired parcel, but that is being
averaged in the land area being evaluated to meet the built -upon surface area, shall remain in an
undisturbed vegetated or natural state. A metes and bounds description of the space to be
undisturbed and limits on use shall be recorded on the subdivision plat, in homeowner covenants,
and on individual deed and shall be irrevocable. The resultant impervious area/amount for the two
lots combined shall not exceed the original allowable impervious amount for each individual lot if
they were developed separately. It shall be noted on the plat that the Zoning Administrator shall
reserve the right to make periodic inspections to ensure compliance.
6) A Density Averaging Certificate shall be obtained from the Watershed Review Board (Board of
Adjustment) to ensure that both parcels considered together meet the standards of the ordinance and
that potential owners have record of how the watershed regulations were applied to the parcel pair.
Only the owner(s) of both of the paired parcels may submit the application for the Density
Averaging Certificate. A site plan for both of the parcels must be submitted and approved as part of
the Density Averaging Certificate. If such a certificate is granted, no change in the development
proposal authorized for either parcel shall be made unless the certificate is amended. Upon issuance
of such certificate, one copy will be forwarded to the North Carolina Division of Water Quality
(DWQ). Included with the Density Averaging Certificate will be a site plan, registered plats for
both properties, a description of both properties, and documentation reflecting the development
restrictions to the parcel pair that will remain undeveloped.
7) The Watershed Review Board shall make written findings supported by appropriate calculations and
documentation that the paired parcel averaged -density development plan as a whole conforms to the
intent and requirements of this Article and Section, and that the proposed agreement assures
protection of the public interest.
8) The undisturbed land area shall be recorded in the deed for the parcel to which it applies. The
Density Averaging Certificate shall be recorded in the deed for each of the parcels in the parcel
pair. Both the designated undisturbed land area and the certificate shall be noted on the subdivision
plat that applies to each of the parcels.
9) Stormwater runoff from paired parcel averaged density -averaged development which meets the low -
density option development requirements shall be controlled by vegetative conveyances to the
maximum extent practicable and shall be approved by Mecklenburg County Storm Water Services',
Water Quality Program.
10) Stormwater runoff from paired parcel averaged density development which meets the high -density
option development requirements shall be controlled on the parcel(s) where the high -density
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ARTICLE 3
LN OVERLAY DISTRICT
development is occurring in accordance with the criteria specified in the Huntersville Water Quality
Design Manual and the Huntersville Zoning Ordinance for high -density development.
11) No parcel for which a watershed variance has been granted, or would be required, may be included
as part of a parcel pair.
12) Compliance with criteria 1-12 shall be evidence that the parcel pair is consistent with the orderly
and planned distribution of development throughout the watershed.
RANA,

ARTICLE 3
LN OVERLAY DISTRICT
11 3.3.3-B Appeals and Variances in LN-O District
1 The Zoning Board of Adjustment is hereby designated the Watershed Review Board.
.2 An appeal to reverse or modify the order, decision, determination, or interpretation of the Zoning Administrator
(herein designated the Watershed Administrator), shall comply with the procedures and standards of Section 11.3 of
these regulations.
.3 A petition for variance to the standards of the Lake Norman Watershed Overlay District shall comply with the
procedures and standards of Section 11.3 of these regulations, with the following exceptions.
a) In addition to the notification requirements of Section 11.3, the Watershed Administrator shall also notify in
writing each local government having jurisdiction in the watershed and the entity using the water supply for
consumption. Such notice shall include a description of the variance being requested. Local governments
receiving notice of the variance request may submit comments to the Watershed Administrator prior to a decision
by the Watershed Review Board. Such comments shall become a part of the record of proceedings of the
Watershed Review Board.
b) Major and Minor Variances are differentiated by definition.
Minor variances shall include petitions for the reduction of any numerical standard of the low -density option
in the overlay district by a factor of 10% or less.
Major variances mean variance from the minimum statewide water supply watershed protection criteria that
result in any one or more of the following:
Petitions for the reduction of any numerical standard of the low density option in the overlay district by a
factor of more than 10%; and
Petitions for variation in the design, maintenance or operation requirements of a wet detention pond or
other approved storm water system; and
Petitions for the reduction of any management requirement that applies to a development proposal
intended to qualify under the high -density option.
c) Major and Minor Variances are differentiated as to procedures and standards.
Minor variances shall comply with the procedures and standards of Section 11.3 of these regulations. An
annual report of minor variances granted shall be submitted by the Watershed Administrator for each calendar
year to the Division of Water Quality on or before January 1 st of the following year and provide a description
of each project receiving a variance and the reasons for granting the variance.
Major variances shall comply with the procedures and standards of Section 11.3 except that:
A decision by the Watershed Review Board to deny a major variance shall be final. Appeal shall be to a
court of competent jurisdiction as provided in Section 11.3.
A decision by the Watershed Review Board to approve a major variance shall be advisory only. The
Watershed Administrator shall within 30 days forward a record of the Board of Adjustment hearing,
findings, and conclusions to the North Carolina Environmental Management Commission for final
decision.
The Watershed Review Board may advise approval of a major variance petition upon satisfying the
findings of Section 11.3.2 f, or upon the finding that significant community economic or social benefit
would be derived from the grant of the variance.
9104