WSMU_MORG_WSWP Ordinance_20220413

5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Code of Ordinances Q
Morganton, North Carolina - Code of Or... i Part 9 -PLANNING AND REGULATIO... i CHAPTER 7. - WATERSHED PROTECTI...
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Morganton, NC
Code of Ordinances
CODE OF THE CITY OF MORGANTON, NORTH CAROLINA
SUPPLEMENT HISTORY TABLE
DIVISION I -THE CHARTER AND OTHER RELATED LAWS
Part 1 - INTRODUCTION
Part 2 -GOVERNMENT AND ADMINISTRATION
Part 3 -PUBLIC SAFETY
Part4 - PUBLIC WORKS
Part 5 -MUNICIPAL UTILITIES
Part 6 -LICENSING AND REGULATION
Part 7 -MOTOR VEHICLES AND TRAFFIC
Part 8 - OFFENSES
v Part 9 -PLANNING AND REGULATIONS OF DEVELOPMENT
CHAPTER 1. -BUILDING CODE ENFORCEMENT
CHAPTER 2. -BUILDING REGULATIONS
CHAPTER 3. -SUBDIVISION REGULATIONS
CHAPTER 4. -ZONING
CHAPTER 5. - FLOOD DAMAGE PREVENTION
CHAPTER 6. -VESTED RIGHTS
v CHAPTER 7. -WATERSHED PROTECTION
Sec. 9-7001. - Title.
Sec. 9-7002. - Definitions.
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Code of Ordinar*0-7003.-Authority and enactment. 4
Sec. 9-7004. -jurisdiction.
Sec. 9-7005. - Administration and conflicts.
Sec. 9-7006. - Watershed areas established.
Sec. 9-7007. - Interpretation of maps.
Sec. 9-7008. - Application of regulations.
Sec. 9-7009. - Watershed areas; specific regulations.
Sec. 9-7010. - Cluster development.
Sec. 9-7011. - Buffer areas required.
Sec. 9-7012. - Watershed protection permit.
Sec. 9-7013. - Building permit.
Sec. 9-7014. - Watershed protection occupancy permit.
Sec. 9-7015. - Special density allocation (SDA)
Sec. 9-7016. - High density development standards.
Sec. 9-7017. - High density permit.
Sec. 9-7018. - Stormwater control structures.
Sec. 9-7019. - Maintenance.
Sec. 9-7020. - Performance security.
Sec. 9-7021. - Inspection and release of performance security.
Sec. 9-7022. - Watershed administrator; duties.
Sec. 9-7023. - Appeal from administrator.
Sec. 9-7024. - Board of adjustment powers & duties.
Sec. 9-7025. - Watershed review committee.
Sec. 9-7026. - Powers and duties of the watershed review committee.
Sec. 9-7027. - Appeals.
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Code of Ordinar*0-7028. -Exemptions. 4
Sec. 9-7029. - Fees.
Sec. 9-7030. - Amendments.
Sec. 9-7031. - Notice and hearing.
Sec. 9-7032. - Criminal penalties.
Sec. 9-7033. - Remedies.
Sec. 9-7034. - Liens.
v CHAPTER 8. -PHASE II STORM WATER
Sec. 9-8001. - Statutory authorization, findings of fact, purpose and objectives.
Sec. 9-8002. - Definitions.
Sec. 9-8003. - General provisions.
Sec. 9-8004. - No development or redevelopment until compliance and permit.
Sec. 9-8005. - Map.
Sec. 9-8006. - Design manual.
Sec. 9-8007. - Relationship to other laws, regulations and private agreements
Sec. 9-8008. - Severability.
Sec. 9-8009. - Effective date and transitional provisions.
Sec. 9-8010. - Storm water administrator.
Sec. 9-8011. - Review procedures.
Sec. 9-8012. - Applications for approval.
Sec. 9-8013. - Approvals.
Sec. 9-8014. - Appeals.
Sec. 9-8015. - General standards.
Sec. 9-8016. - Standards for storm water control measures.
Sec. 9-8017. - Dedication of BMPs, facilities and improvements.
Sec. 9-8018. -Variances.
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Code of Ord inary@.-b-8019. - Onsite wastewater. _= Q
Sec. 9-8020. - Maintenance.
Sec. 9-8021. - Operation and maintenance agreement.
Sec. 9-8022. - Inspection program.
Sec. 9-8023. - Performance security for installation and maintenance.
Sec. 9-8024. - Notice to owners.
Sec. 9-8025. - Records of installation and maintenance activities.
Sec. 9-8026. - Nuisance.
Sec. 9-8027. - Maintenance easement.
Sec. 9-8028. - Enforcement and violations.
Sec. 9-8029. - Remedies and penalties.
Sec. 9-8030. - Procedures.
Sec. 9-8031. - Legal status provisions.
Appendix I - TRAFFIC
APPENDIX 11 - DESCRIPTION OF ZONING JURISDICTION
TABLE OF ORDINANCES
STATE LAW REFERENCE TABLE
< Sec. 9-6010. - Repealer.
CHAPTER 7. - WATERSHED PROTECTION
CHAPTER 8. - PHASE II STORM WATER >
Sec. 9-7001. - Title.
This chapter shall be known and may be cited as the Watershed Protection Ordinance, except as
referred to as herein, where it may be cited or referred to as "this ordinance" or "this chapter."
(Ord. No. 94-37, 10-3-94)
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Unless otherwise expressly stated, or unless the context clearly indicates a different meaning, the
words and phrases in the following list of definitions shall, for the purpose of this chapter, have the
meanings indicated. All words and phrases that are not defined in this chapter shall have their common
meaning. When used in this chapter, the present tense includes the future, the singular includes the
plural, and words of one gender include the other, as may be applicable. The word "shall" is mandatory,
not directory. The word "use" includes designed for use.
Agricultural use. The use of waters for stock watering, irrigation, and other farm purposes.
Animal unit. A unit of measurement development by the U.S. Environmental Protection Agency that
is used to compare different types of animal operations.
Applicant. One who applies for approval under this chapter.
Best management practices (BMP). A structural or nonstructural management -based practice used
singularly or in combination to reduce nonpoint source pollution to receiving waters in order to achieve
water quality protection goals.
Board of adjustment. The Morganton board of adjustment, as established by the zoning ordinance
of the City of Morganton in § 9-4015.
Buffer. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse
manner, the flow does not become channelized, and which provides for infiltration of the water and
filtering of pollutants. The buffer is measured landward from the normal pool elevation of lakes and
ponds, and from the top of the bank of each side of streams or rivers.
Building. Any structure having a roof supported by columns or by walls, and intended for shelter,
housing or enclosure of persons, animals or property. The connection of two (2) buildings by means of
an open porch, breezeway, passageway, carport or other such open structure, with or without a roof,
shall not be deemed to make them one (1) building.
Built -upon area. Built -upon areas shall include that portion of a development project that is covered
by impervious cover including buildings, pavement, gravel roads, recreation facilities (e.g., tennis courts),
etc. (Note: Wooden slatted decks and the water area of a swimming pool or pond are considered
pervious.)
Cluster development. The grouping of buildings in order to conserve land resources and provide for
innovation in the design of the project. This term includes nonresidential development as well as single-
family residential subdivisions and multi -family developments.
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
/ y A facility in which only stumps, limbs, leaves, grass and untreated wgQd
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collected from land clearing or landscaping operations is deposited.
Corridor district. The area contained within the bake Rhodhiss WS-IV protected area outside the
Urban Core District.
Critical area. The area adjacent to a water supply intake or reservoir where risk associated with
pollution is greater than from the remaining portions of the watershed. The critical area extends either
one-half (Y2) mile from the normal pool elevation of the reservoir in which the intake is located or to the
ridge line of the watershed (whichever comes first); or one-half (Y2) mile upstream from the intake
located directly in the stream or river (run -of -the -river), or the ridge line of the watershed (whichever
comes first). Major landmarks such as highways or property lines may be used to delineate the outer
boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer
boundary of one-half (Y2) mile.
Development. Any man-made change to improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials where it is clear that a vested right has been
established.
Discharging landfill. A facility with liners, monitoring equipment and other measures to detect
and/or prevent leachate from entering the environment and in which the leachate is treated on site and
discharged to a receiving stream.
Dwelling unit. A building, or portion thereof, providing complete and permanent living facilities for
one (1) family.
Engineer. A professional licensed to practice by the state of North Carolina pursuant to G.S. ch. 89A.
Exception, minor. Permission to use property granted by the board of adjustment that does not
qualify as a major exception.
Exception, major. Permission to develop or use property reviewed by the watershed review
committee, after approval by the North Carolina environmental management commission that results in
any one (1) or more of the following:
(1) The complete waiver of a management requirement;
(2) The relaxation, by a factor of more than ten (10) percent, of any management
requirement expressed in the form of a numerical standard;
(3) The relaxation of any management requirement that applies to a development
proposal intended to qualify under the high density option.
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Code li �r�a��i����'ent. Those projects that as of the effective date of this ordinance have Japen wilt
or for which there has been obtained preliminary approval for residentially developed subdivisions`, or
those projects that have been established as having a vested right under North Carolina zoning law as of
the effective date of this chapter based on at least one (1) of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith
reliance upon having received a valid local government approval to proceed with the
project,
(2) Having an outstanding valid building permit as authorized by the General Statutes
(G.S. §§ 153A-344.1, 160A-385.1, and 113A-64), or
(3) Having an approved preliminary plat, site specific or phased development plan as
authorized by the General Statutes (G.S. §§ 153A-344.1 and 160A-385.1).
Existing lot (lot of record). A lot which is part of a subdivision, a plat of which has been recorded in
the office of the register of deeds prior to the effective date of this chapter, or a lot described by metes
and bounds, the description of which has been so recorded prior to the effective date of this chapter.
Final watershed inspection. An inspection of property made by the watershed administrator prior to
the issuance of a certificate of occupancy by the city/county inspections department, certifying that the
requirements of this ordinance have been met.
Hazardous material. Any substance listed as such in: SARA § 302, Extremely Hazardous Substances,
CERCLA Hazardous Substances, or § 311 of CWA (oil and hazardous substances).
Impervious area. Any surface which does not permit the rapid infiltration of surface water. Examples
include: building roofs, areas paved with asphalt, concrete, brick, compacted stone, or tile, or any similar
surface as interpreted by the watershed administrator. The total gross contiguous acreage of the project
shall be used when computing the permitted impervious areas.
Industrial development. Any nonresidential development that requires an NPDES permit for an
industrial discharge and/or requires the use or storage of any hazardous material for the purpose of
manufacturing, assembling, finishing, cleaning or developing any product or commodity.
Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S.
ch. 130A art. 9. For the purpose of this chapter this term does not include composting facilities.
Landscape architect. A professional licensed to practice in the State of North Carolina, as
established by G.S. ch. 89A.
Land use plan. The officially adopted land use plan of the City of Morganton.
Land surveyor. A professional licensed to practice in the State of North Carolina, as established by
G.S. ch. 89(C)-3(7).
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Code L91(f F lilAN's parcel of land designated by a number or other symbol as part of a legally Q
approved and recorded subdivision, or as described by metes and bounds.
Non-residential development. All development other than residential development, agriculture and
silviculture.
Operation and maintenance plan. A document prepared by the applicant and submitted to the
watershed administrator specifying all operation and maintenance work necessary to keep all storm -
water control structures in conformance with the design specifications required by this chapter.
Owner. The record title owner of property in accordance with the register of deeds or the tax office.
Pavement, porous. Those pavements, designed by a registered professional engineer, composed of
open -graded asphalt or concrete, which absorb and store rainwater within the structure of the subgrade
upon which the pavement rests. Such pavements shall be designed using most recent technical
information and shall be certified by the engineer as meeting the stormwater retention requirements of
this chapter.
Perennial waters. Those waters appearing in solid blue lines on the latest versions of USGS 1:24,000-
7.5 scale topographic maps, delineating streams which have year-round measurable water flow.
Performance security. A bond or other financial instrument placed by the applicant with the city,
guaranteeing that a stormwater control structure will be constructed and maintained as established by
this chapter.
Plat. A map or plan of a parcel of land which is to be, or has been subdivided.
Residential development. Buildings for residence such as attached and detached single-family
dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their associated
outbuildings such as garages, storage buildings, gazebos, etc. and customary home occupations.
Single family residential. Any development where: (1) no building contains m ore than one dwelling
unit, (2) every dwelling unit is on a separate lot, and (3) where no lot contains more than one (1) dwelling
unit.
Site plan, watershed. Plans of a development proposal, prepared to scale which detail all proposed
development, impervious areas, and other site features and which comply with all development
regulations and specifications established by the watershed ordinance of the City of Morganton.
Special density allocation (SDA). A special permit issued by the watershed review committee
allowing up to seventy (70) percent built upon area on a project by project basis. This permit exempts
projects from installing stormwater control devices upon showing that certain criteria will be met. Not
more than ten (10) percent of the total area of each WS-III and not more than one thousand four
hundred fourteen (1,414) acres of the corridor district may be allocated this exemption.
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Code Sgf,6 Q8g1 Cpght-of-way for vehicular traffic which affords the principal means of accc,s to Q
abutting properties.
Structure. Anything constructed or erected, located above grade, which requires location on the
land or attachment to something having permanent location on the land, as defined by § 9-4002 of the
Morganton zoning ordinance.
Urban core district. An area contained within the Lake Rhodhiss WS-IV Protected Area and being
also within a one-half (Y2) mile radius of the center of downtown Morganton.
Vegetative filter. An earthen channel stabilized with natural or established vegetation designed to
conduct stormwater runoff to a stream or drainageway after treatment by a wet detention pond.
Water dependent structure. Any structure for which the use requires access to or proximity to or
citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and
bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial
boat storage areas are not water dependent structures.
Watershed. The entire land area contributing surface drainage to a specific point (e.g., the water
supply intake).
Watershed administrator. An official or designated person of the City of Morganton responsible for
administration and enforcement of this chapter.
Watershed permit. A permit issued by the watershed administrator, certifying that the requirements
of this chapter, as they effect a particular low or high density project, have been met.
Watershed review committee. A staff level review group consisting of the city manager, watershed
administrator, public works director, director of engineering, community development director, public
safety chief and other representatives as may be deemed appropriate by the city manager.
Wet detention ponds. A stormwater control structure designed for removal of pollutants, with a
permanent pool depth of at least three (3) feet.
Zoning ordinance. The zoning ordinance of the City of Morganton.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7003. - Authority and enactment.
The legislature of the State of North Carolina has, in G.S. ch. 160A, art. 19 (Planning and Regulation
of Development), and in G.S. ch. 143. art. 21 (Watershed Protection Rules), delegated the responsibility
and required local governmental units to adopt regulations designed to promote the public health,
safety and general welfare of its citizenry.
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Sec. 9-7004. -jurisdiction.
The provisions of this chapter shall apply within the overlay zones and watershed areas designated
as a public water supply watershed as defined and established on the "Watershed Protection Map,
Morganton, North Carolina", such overlays zones and the watershed areas established in § 9-7006 being
adopted simultaneously herewith. The watershed map and all explanatory matter contained thereon
accompanies and is hereby made a part of this chapter. This chapter shall be permanently kept on file in
the office of the city clerk.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7005. - Administration and conflicts.
(a) This chapter shall be administered as a part of the zoning ordinance and construed
consistently therewith.
(b) Where a conflict exists between any limitation or requirement in this chapter, the more
restrictive limitation or requirement shall prevail.
(c) The requirements of this chapter are cumulative; however, where a conflict exists
between the provisions of this chapter and the zoning ordinance, or any other ordinance
or law, or where the provisions of this chapter impose overlapping or contradictory
regulations, and both regulations cannot be applied cumulative, then the most restrictive
provision of the one which imposes the highest standards or requirements shall prevail.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7006. - Watershed areas established.
The purpose of this section is to list and describe the watershed areas herein adopted. For purposes
of this chapter, the City of Morganton and its extraterritorial jurisdiction is separated into the following
areas, all of which are shown on the watershed map and further described in the succeeding sections of
this chapter:
WS-III-CA I (Critical Area)
WS-III-BW I (Balance of Watershed)
WS-IV-CA I (Critical Area)
WS-IV-PA I (Protected Area)
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Development activities within these areas must comply with the density and built -upon limitations
established in this chapter.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7007. - Interpretation of maps.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the watershed
map, the following rules shall apply:
(a) Where area boundaries are indicated as approximately following either street, alley,
railroad or highway lines or centerline thereof, such lines shall be construed to be
the boundaries.
(b) Where area boundaries are indicated as approximately following lot lines, such lot
lines shall be construed to be the boundaries. However, a survey plat prepared by a
registered land surveyor may be submitted to the watershed administrator as
evidence that one (1) or more properties along these boundaries do not lie within
the watershed area.
(c) Where the watershed area boundaries lie at a scaled distance more than twenty-five
(25) feet from any parallel lot line, the location of watershed area boundaries shall
be determined by use of the scale appearing on the Watershed Map.
(d) Where the watershed area boundaries lie at a scaled distance of twenty-five (25) feet
or less from any parallel lot line, the location of watershed area boundaries shall be
construed to be the lot line.
(e) Where other uncertainty exists, the watershed administrator shall interpret the
watershed map as to location of such boundaries and his decision may be appealed
to the board of adjustment.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7008. - Application of regulations.
(a) No building or land shall hereafter be used and no development shall take place except in
conformity with the regulations herein specified for the watershed area in which it is
located.
(b) No area required for the purpose of complying with the provisions of this chapter shall be
included in the area required for another building.
(c) Every residential building hereafter erected, moved or structurally altered shall be located
on a lot which conforms to the regulations herein specified, except as permitted in § 9-
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(d) If a use or class of use is not specifically indicated as being allowed in a watershed area,
such use or class of use is prohibited.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7009. - Watershed areas; specific regulations.
(a) WS-111 Watershed Areas—Critica/Area (WS-111-CA). In the WS-III-CA areas, the following
requirements shall apply.
(1) Density and built -upon limits:
a. Residential: Development shall not exceed one (1) dwelling unit per acre or
twelve (12) percent built -upon area, as defined on a project by project basis.
b. Non-residential: Development shall not exceed twelve (12) percent built -upon
area on a project by project basis. For the purpose of calculating built -upon
area, the total project area shall include total acreage in the tract on which the
project is to be developed.
(2) High density:
High density development using engineered stormwater control devices are
permitted in this district. Where new development exceeds either one (1) dwelling
unit per acre or twelve (12) percent built -upon area, engineered stormwater controls
shall be used to control runoff from the first inch of rainfall and development shall
not exceed thirty (30) percent built -upon area. See §§ 9-7016 and 9-7017 for
additional explanations and requirements for high density development.
(3) Uses allowed:
The following uses are specifically allowed:
a. Agriculture, subject to the provisions of the Food Security Act of 1985 and the
Food, Agriculture, Conservation and Trade Act of 1990. Agricultural activities
conducted after January 1, 1993 shall maintain a minimum ten (10) foot
vegetative buffer, or equivalent control as determined by the Soil and Water
Conservation Commission, along all perennial waters indicated as solid blue
lines on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale
topographic maps or as determined by the local government studies. Animal
operations greater than one hundred (100) animal units shall employ best
management practices byJuly 1, 1994 as recommended by the Soil and Water
Conservation Commission.
b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related
to Water Quality S (15 NCAC 11.6101-0209).
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Code of Ordinancesc. Residential. 4
d. Non-residential development, excluding: (1) the storage of toxic and hazardous
materials unless a spill containment plan is implemented, (2) landfills, and (3)
sites for land application of sludge/residuals or petroleum contaminated soils.
New industrial development is required to incorporate adequately designed,
constructed and maintained spill containment structures if hazardous
materials are either used, stored or manufactured on the premises.
(4) Uses specifically not allowed.
New sludge application sites and landfills are specifically prohibited.
(b) WS-111 Watershed Areas —Balance of Watershed (INS-III-BW). In the WS-I II-BW area the
following requirements shall apply:
(1) Density and built -upon limits:
a. Residential: Development shall not exceed two (2) dwelling units per acre, or
twenty-four (24) percent built -upon area, as defined on a project by project
basis.
b. Non-residential: Development shall not exceed twenty-four (24) percent built -
upon area on a project by project basis. For the purpose of calculating built -
upon area, the total project area shall include total acreage in the tract on
which the project is to be developed.
(2) High density. High density development using engineered wet detention ponds are
permitted in this district. Where new development exceeds either two (2) dwelling
units per acres or twenty-four (24) percent built -upon area, wet detention ponds
shall be used to control runoff from the first inch of rainfall and development shall
not exceed fifty (50) percent built -upon area. See §§ 9-7016 and 9-7017 for
additional explanations and requirements for high density development.
In addition, new non-residential development may occupy ten (10) percent of the
W.S.-III balance of watershed with a seventy (70) percent built upon area when
approved as a special density allocation (SDA). The watershed review committee is
authorized to approve SDAs consistent with the provisions of this chapter, (See § 9-
7015).
(3) Uses allowed: The following uses are specifically allowed:
a. Agriculture, subject to the provisions of the Food Security Act of 1985 and the
Food, Agricultural, Conservation and Trade Act of 1990.
b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related
to Water Quality (15 NCAC 11.6101-0209).
c. Residential.
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Code Of Ordinancesd. Non-residential development excluding discharging landfills and thg-storEw of tpxi
materials unless a spill containment plan is implemented.
(c) WS-/V Watershed Areas—Critica/Area (INS-W-CA.) In all WS-IV-CA areas the following
requirements shall apply.
(1) Applicability. Only new development activities that require a sedimentation/erosion
control plan under state law or an approved local program are required to meet the
provisions of this chapter when located in the WS-IV-CA watershed.
(2) Density and built -upon limits:
a. Residential: Development shall not exceed two (2) dwelling units per acre or
twenty-four (24) percent built -upon area, as defined on a project by project
basis.
b. Non-residential: Development shall not exceed twenty-four (24) percent built -
upon area on a project by project basis. For the purpose of calculating built -
upon area, total area shall include acreage in the tract on which the project is
to be developed.
(3) High density. High density development using engineered wet detention ponds are
permitted in this district. Where new development requires a sedimentation/erosion
control plan and exceeds either two dwelling units per acre or twenty-four (24)
percent built -upon area, wet detention ponds shall be used to control run-off from
the first inch of rainfall and development shall not exceed fifty (50) percent built -
upon area. See §§ 9-7016 and 9-7017 for additional explanations and requirements
for high density development.
(4) Allowed uses. The following uses are specifically allowed:
a. Agriculture, subject to the provisions of the Food Security Act of 1985 and the
Food, Agriculture, Conservation and Trade Act of 1990. Agricultural activities
conducted after January 1, 1993 shall maintain a minimum ten foot vegetative
buffer, or equivalent control as determined by the Soil and Water Conservation
Commission (SWCC), along all perennial waters indicated as solid blue lines on
the most recent versions of USGS 1:24,000 (7.5 minute) scale topographic
maps or determined by local government studies. Animal operations greater
than one hundred (100) animal units shall employ best management practices
byJuly 1, 1994 as recommended by the SWCC.
b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related
to Water Quality (15 NCAC 11.6101-.0209).
c. Residential.
d. Non-residential development, excluding: (1) the storage of toxic and hazardous
materials unless a spill containment plan is implemented; (2) landfills; and (3)
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Code of Ordinances sites for land application of sludge/residuals or petroleum contamirlated Ws.
(5) Uses not allowed:
New sludge application sites and landfills are specifically prohibited.
(d) Lake Rhodhiss WS-IV Watershed Area —Protected Area (WS-IV-PA). Within the Lake
Rhodhiss WS-IV-PA, development regulations have been separated into two (2) distinct
city districts. The Urban Core District includes an area no further than a one-half (Y2) mile
radius of the downtown area from the center line intersection of Sterling and Meeting
Streets, containing five hundred two (502) acres as delineated on the officially adopted
watershed map. The Corridor District includes all land outside the Urban Core District but
within the Lake Rhodhiss WS-IV-PA as delineated on the officially adopted watershed
map. Within each of these districts the following development regulations shall apply for
new development activities:
(1) Urban Core District. New development activities requiring a sedimentation and
erosion control plan shall meet the following:
a. Density and built -upon limits.
1. Residential: Development shall not exceed two (2) dwelling units per acre
or twenty-four (24) percent where curb and gutter is used, or three (3)
dwelling units per acre or thirty-six (36) percent where curb and gutter is
not used.
2. Non-residential: Development shall not exceed twenty-four (24) percent
built -upon area where curb and gutter is used, or thirty-six (36) percent
built -upon area where curb and gutter is not used. For the purpose of
developing built -upon area, total project area shall include acreage in the
tract on which the project is to be developed.
b. High density. High density development using wet detention ponds is
permitted in this district. Where new development exceeds the built -upon
limits described above, wet detention ponds shall be used to control run-off
from the first inch of rainfall and development shall not exceed seventy (70)
percent built upon area. See §§ 9-7016 and 9-7017 for additional explanations
and requirements for high density development.
c. Allowed uses. The following uses are specifically allowed:
1. Agriculture, subject to the provisions of the Food Security Act of 1985 and
the Food, Agriculture, Conservation and Trade Act of 1990.
2. Silviculture, subject to the provisions of the Forest Practices Guidelines
Related to Water Quality S (15 NCAC 11.6101-.0209).
3. Residential development.
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Code of Ordinances 4. Non-residential development, excluding the storage of toxic aud ha2aclou5 m
containment plan is implemented.
(2) Corridor District. All new development activities within this district must meet the
following:
a. Density and Built -upon limits.
1. Residential.• Development shall not exceed two (2) dwelling units per acre,
or 24% built -upon area, as defined on a project basis.
2. Non-residential: Development shall not exceed twenty-four (24) percent
built upon area on a project by project basis. For the purpose of
calculating built upon area, the total project area shall include total
acreage in the tract on which the project is to be developed.
In addition, new development may occupy up to one thousand four
hundred fourteen (1,414) acres of the corridor district when approved as
a special density allocation (SDA) pursuant to § 9-7015.
The watershed review committee is authorized to approve SDAs
consistent with the provisions of this chapter (see § 9-7015).
b. High density. Up to one thousand five hundred (1,500) acres maybe covered
with impervious surfaces. High density development using engineered wet
detention ponds are permitted in this district. Where new development
exceeds either two (2) dwelling units per acre or twenty-four (24) percent built -
upon area, wet detention ponds shall be used to control runoff from the first
inch of rainfall and development shall not exceed seventy (70) percent built -
upon area per project. See §§ 9-7016 and 9-7017 for additional explanations
and requirements for high density development.
c. Uses allowed. The following uses are specifically allowed:
1. Agriculture, subject to the provisions of the Food Security Act of 1985 and
the Food, Agricultural, Conservation and Trade Act of 1990.
2. Silviculture, subject to the provisions of the Forest Practices Guidelines
Related to Water Quality S (15 NCAC 11.6101-0209).
3. Residential.
4. Non-residential development excluding discharging landfills and the
storage of toxic and hazard materials unless a spill containment plan is
implemented.
(e) Catawba River WS-lV Watershed Areas —Protected Areas (WS/V--PA). In the Catawba River
WS-IV-PA area as delineated on the officially adopted Watershed Map the following
regulations shall apply on new development activities requiring a sedimentation/erosion
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Code of OrdinagiRT plan. 4
(1) Density and built -upon limits.
a. Residential: Development shall not exceed two dwelling units per acre or
twenty-four (24) percent built -upon area or thirty-six (36) percent built -upon
area where curb and gutter is not used.
b. Non-residential: Development shall not exceed twenty-four (24) percent built -
upon area on a project by project basis, or where curb and gutter is not used,
development shall not exceed thirty-six (36) percent built -upon area. For the
purpose of calculating built -upon area, total project area shall include acreage
in the tract on which the project is to be developed.
(2) High density. High density development using engineered wet detention ponds is
permitted in this district. Where new development exceeds the built -upon limits
described above, wet detention ponds shall be used to control run-off from the first
inch of rainfall and development shall not exceed seventy (70) percent built -upon
area. See §§ 9-7016 and 9-7017 for additional explanations and requirements for
high density development.
(3) Allowed uses. The following uses are specifically allowed:
a. Agriculture, subject to the provisions of the Food Security Act of 1985 and the
Food, Agriculture, Conservation and Trade Act of 1990.
b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related
to Water Quality S (15-NCAC 11.6101-.0209).
c. Residential development.
d. Non-residential development, excluding the storage of toxic and hazardous
materials unless a spill containment plan is implemented.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7010. - Cluster development.
Cluster development is allowed in all watershed areas under the following conditions:
(a) Minimum lot sizes are not applicable to residential cluster development projects;
however, the total number of lots of dwelling units shall not exceed the number of
lots or dwelling units allowed for residential developments in § 9-4008 of the zoning
ordinance. The built -upon area of the project shall not exceed that allowed for the
critical area or protected area, whichever applies.
(b) All built -upon areas shall be designed and located to minimize stormwater runoff
impact to the receiving waters and minimize concentrated stormwater flow.
(c) The remainder of the tract shall remain in a vegetated or natural state. Where the
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Code Of Ordinance development has an incorporated property owners association, the title pfthe$pen
space area shall be conveyed to the association for management, or the City of
Morganton if agreed to by both parties. Where a property association is not
incorporated, a maintenance agreement shall be filed with the deeds unless
conveyance has been made to the city.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7011. - Buffer areas required.
(a) A minimum one hundred (100) foot vegetative buffer is required for all development
activities that exceed the low density option; otherwise, a minimum thirty (30) foot
vegetative buffer for development activities is required along all perennial waters
indicated as solid blue lines in the most recent versions of USGS 1:24,000 (7.5 minute)
scale topographic maps or as determined by local government studies. Desirable artificial
streambank or shoreline stabilization is permitted.
(b) No new development is allowed in the buffer except for water dependent structures and
public projects such as road crossings and greenways and their appurtenances where no
practical alternative exists. These activities should minimize built -upon surface area,
direct runoff away from the surface waters and maximize the utilization of stormwater
best management practices.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7012. - Watershed protection permit.
(a) Except where a single family residence is constructed on a lot deeded prior to the
effective date of this chapter, no building or built -upon area shall be erected, moved,
enlarged or structurally altered, nor shall any building permit be issued nor shall any
change in the use of any building or land be made until a watershed protection permit
has been issued by the watershed administrator. No watershed protection permit shall
be issued except in conformity with the provisions of this chapter.
(b) Watershed protection permit applications shall be filed with the watershed administrator.
The application shall include a completed application form and supporting
documentation deemed necessary by the watershed administrator.
(c) Prior to issuance of a watershed protection permit, the watershed administrator may
consult with qualified personnel for assistance to determine if the application meets the
requirements of this chapter.
(d) A watershed protection permit shall expire if a building permit or Watershed Occupancy
Permit for such use is not obtained by the applicant within twelve (12) months from the
date of issuance.
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Sec. 9-7013. - Building permit.
Except for a single family residence constructed on a lot deeded prior to the effective date of this
chapter, no permit required under the North Carolina State Building Code shall be issued for any activity
for which a watershed protection permit is required until that permit has first been issued.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7014. - Watershed protection occupancy permit.
(a) The watershed administrator shall issue a watershed protection occupancy permit
certifying that all requirements of this chapter have been met prior to the occupancy or
use of a building hereafter erected, altered or moved and/or prior to the change of use of
any building or land.
(b) A watershed protection occupancy permit, either for the whole or part of a building, shall
be applied for coincident with the application for a watershed protection permit and shall
be issued or denied within ten (10) days after the erection or structural alterations of the
building.
(c) When only a change in use of land or existing building occurs, the watershed
administrator shall issue a watershed protection occupancy permit certifying that all
requirements of this chapter have been met coincident with the watershed protection
permit.
(d) If the watershed protection occupancy permit is denied, the watershed administrator
shall notify the applicant in writing stating the reasons for denial.
(e) No building or structure which has been erected, moved, or structurally altered may be
occupied until the watershed administrator has approved and issued a watershed
protection occupancy permit.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7015. - Special density allocation (SDA)
(a) In the protected areas of the WS-III and Corridor District of the Lake Rhodhiss WS-IV-PA
Watershed Areas, the watershed review committee may grant Special Density Allocations
(SDAs) to project sites smaller than five (5) acres. These SDAs may permit up to seventy
(70) percent built upon area on a project by project basis without the need to install
stormwater control devices. No more than ten (10) percent of the WS-III-BW watershed
land area or 1414 acre of the WS-IV corridor district may be allocated as Special Density
Allocation. At no time may the impervious coverage exceed seventy (70) percent on an
SDA Project.
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5/15/2019
CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Code of OFLT'J'inyMnreceipt of an SDA request by an applicant, the watershed administrator mall Q
request review of the proposal by the watershed review committee as established by § 9-
7026 of this chapter. Upon review by the watershed review committee, the Committee
shall approve or deny the request. If the request is denied, the applicant may redesign
and resubmit the request.
(c) The watershed review committee shall use the following performance criteria to evaluate
requests for SDAs. Projects must have a point total of at least two hundred (200) to
qualify for a SDA.
PERFORMANCE STANDARDS FOR DENSITY BONUS CHECKLIST
For allocation of SDAs in the Watershed III-BW and the WS-IV Corridor District.
category standards points'
1. Landscaping as per staff recommendations
Streetyard minimum width 8' 40
Parking minimum one landscaped space for every 10 spaces provided 50
lot minimum
Side yard width 8' 30
2. Greenway easements (100-year flood plain or 5 times width of stream from top of 40
bank) dedicated along perennial streams
3. 1 Dedication of street right-of-way for sidewalks 1 50
4. 1 Multiple story building development 1 50
5. 1 Parking under building 1 50
6. I Lot of record in commercial or industrial district less than one acre in size not in same 1 60
(e) If the request is approved by the watershed review committee, the watershed
administrator shall issue an SDA permit. The permit shall be valid for one (1) year from
date of issuance. A record of all SDA permits shall be kept on file in the Office of the
watershed administrator.
(Ord. No. 94-37, 10-3-94)
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Co r4-�Pai� nfh density development standards. _ 4
(a) The watershed review committee may approve high density development proposals
consistent with the following standards:
(1) WS-111 Watershed Areas —Critical Area (W54V--CA). Where new development exceeds
the density or built -upon limits set forth in § 9-7009(A), wet detention ponds shall be
used to control run-off from the first inch of rainfall and development shall not
exceed thirty (30) percent built -upon area on a project by project basis.
(2) WS-111 Watershed Areas —Balance of Watershed (WS-III-BW). Where new
development exceeds the density or built -upon limits set forth in § 9-7009(b), wet
detention ponds shall be used to control run-off from the first inch of rainfall and
development shall not exceed fifty (50) percent built -upon area on a project by
project basis.
(3) WS-lV Watershed Area —Critical Area (W54V--CA). Where new development exceeds
the density or built -upon limits set forth in § 9-7009(c), wet detention ponds shall be
used to control run-off from the first inch of rainfall and development shall not
exceed fifty (50) percent built -upon area on a project by project basis.
(4) Lake Rhodhiss WS-1V Urban Core District. Where new development requiring
sedimentation/erosion control plan exceeds the density or built -upon limits set
forth in § 9-7009 (d), wet detention ponds shall be used to control run-off from the
first inch of rainfall and development shall not exceed seventy (70) percent built -
upon area on a project by project basis.
(5) Lake Rhodhiss WS-lV Corridor District. Up to one thousand (1,500) acres maybe
covered with impervious surfaces within this district. Where new development
exceeds the density or built -upon limits set forth in § 9-7009 (d), wet detention
ponds shall be used to control run-off from the first inch of rainfall and
development shall not exceed seventy (70) percent built -upon area on a project by
project basis.
(6) Catawba River WS-lV Watershed Areas —Protected Area (W54V-PA). Where new
development requiring a sedimentation/erosion control plan exceeds the density or
built -upon limits set forth in § 9-7009(e), wet detention ponds shall be used to
control run-off from the first inch of rainfall and development shall not exceed
seventy (70) percent built -upon area on a project by project basis.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7017. - High density permit.
(a) A high density development permit shall be required for new development exceeding the
requirements of the low density option.
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Code of Or"VlinAprllEgtion for a high density development permit shall be addressed and subgaittef tto
the watershed review committee through the watershed administrator. Application for a
high density development permit shall be made on the property form and shall include
the following information:
(1) 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 sealed letter of authorization;
(2) Five (5) copies of the watershed site plan including the applicable information listed
in appendix A.
(3) Five (5) copies of the plans, specifications and maintenance plan of the stormwater
control structure consistent with §§ 9-7018 and 9-7019.
(4) When required by law, written verification that a soil erosion and sedimentation
control plan has been approved by the appropriate state or local agency,
(5) Permit application fees consistent with § 9-6029.
(c) Prior to taking final action on any application the committee or the watershed
administrator may provide an opportunity to public agencies affected by the
development proposal to review and make recommendations on the application.
However, failure of the agencies to submit their comments and recommendations shall
not delay the committee's action within the prescribed time limit.
(d) The watershed review committee shall issue a high density development permit upon
finding that the proposal is consistent with the applicable standards set forth in the
watershed protection ordinance and the following conditions are met:
(1) The use will not endanger the public health or safety if located where proposed and
delivered according to the plan as submitted and approved;
(2) The use minimizes impacts to water quality through the best management practices,
cluster development, and/or maximum setbacks from perennial waters;
(3) The use is vital to the continued growth and economic development of the City of
Morganton.
(4) The use is consistent with the officially adopted land development plan for the City
of Morganton.
If the watershed review committee finds that any one of the above conditions is not met, the
Committee shall deny the application.
(e) In addition to any other requirements provided by this chapter, the Committee may
designate additional permit conditions and requirements to assure that the use will be
harmonious with the area in which it is proposed to be located and with the spirit of this
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Code Of Ordinary r. All conditions so imposed shall run with the land and shall be bindi%gpon he
applicant and the applicant's heirs, successors or assigns during the continuation of the
permitted use.
(f) The committee shall issue a written ruling and make copies available at the office of the
watershed administrator and the city clerk.
(1) If the committee approves the application based on its findings, such approval shall
be indicated on the permit and all copies of the site plan and all copies of the plans
and specifications of the stormwater control structure(s). A high density
development permit shall be issued after the applicant posts a performance bond
or other acceptable security as required in § 9-7020(b)(1) and executes an operation
and maintenance agreement as required in § 9-7019(c). A copy of the permit and
one (1) copy of each set of plans shall be kept on file at the watershed
administrator's office. The original permit and one (1) copy of each set of plans shall
be delivered to the applicant either by personal service or registered mail, return
receipt requested.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7018. - Stormwater control structures.
(a) For purposes of this chapter, stormwater control structures shall mean any stormwater
control structure, device or system designed to control or contain run-off storage volume
and allow for the removal of pollutants in accordance with the criteria set forth in this
section.
For all development pursuant to this chapter, a wet detention pond when properly designed and
maintained shall be deemed a sufficient stormwater control structure. Other storm water control
structures designed and certified by an appropriate professional engineer to properly achieve the
criteria set forth in this section, may also be approved by the North Carolina division of environmental
management (NCDEM) if deemed in compliance with this chapter; however, the city and NCDEM reserve
the right to require wet detention ponds as a primary treatment facility if the device fails.
(b) All stormwater control structures shall be designated by either a North Carolina
registered professional engineer or landscape architect, to the extent that the G.S. ch.
89A allow. Other stormwater systems 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 or landscape architects, to
the extent that the G.S. ch. 89A allow and land surveyors, to the extent that the design
represents incidental drainage within a subdivision, as provided in G.S. § 89-(C)-3(7).
(c) All stormwater controls including wet detention ponds and other similar devices or
systems as a primary treatment system shall be designed for specific pollutant removal
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Code of Ordina�c�rding to modeling techniques approved by the North Carolina division of Q
es
environmental management. Specific requirements for these systems shall as applicable
be in accordance with the following design criteria:
(1) Stormwater control structures shall be designed to remove eighty-five (85) percent
of total suspended solids from the permanent pool storage runoff from a one -inch
rainfall from the site above the permanent pool;
(2) The designed run-off 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 run-off 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,
dissipaters 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 (30) feet in length. The
slope and width of the vegetative filter shall be determined so as to provide a
nonerosive velocity of flow through the filter for a ten-year, 24-hour storm with a
two-year, one -hour intensity with a slope of five (5) percent or less. Vegetation in the
filter shall be natural vegetation, grasses or artificially planted wetland vegetation
appropriate for the site characteristics; and
(7) All wet detention ponds shall be completely enclosed with a barrier of sufficient
height as may be determined by the watershed review committee to keep children
and animals from entering the pond.
(d) In addition to the vegetative filters required in § 9-7018(c)(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 controls structure, a
permanent ground cover shall be established and maintained as part of the maintenance
agreement described in § 9-7019(b).
(e) A description of the area containing the stormwater control structure shall be prepared
and filed (consistent with § 9-7021(a) and (b), as a permanent drainage and utility
easement with the Burke County register of deeds along with any easements necessary
for general access to the stormwater control structure. The deeded area shall include the
detention pond, vegetative filters, all pipes and water control structures, berms, dikes,
etc., and sufficient area to perform inspections, maintenance, repairs and reconstruction.
(f) Qualifying areas of the stormwater control structure may be considered pervious when
computing total built -upon area. However, if the structure is used to compute the
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Code Of Ordingg�Rtage built -upon area for one site, it shall not be used to compute the btjj _up
area for any other site or area.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7019. - Maintenance.
(a) 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.
(b) 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.
(c) 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 approved plans
and specifications of the stormwater control structure and the operation and
maintenance plan or manual. After notification by the owning entity, the city engineer
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.
(d) 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 watershed
review committee. Proposed changes shall be prepared by a North Carolina registered
professional engineer or landscape architect (to the extent that the G.S. ch. 89A, allows)
and submitted to and reviewed by the watershed administrator prior to consideration by
the watershed review committee.
(1) If the watershed review committee approves the proposed changes, the owning
entity of the stormwater control structure shall file sealed copies of the revisions
with the office of the watershed administrator.
(2) If the watershed review committee disapproves the changes, the proposal may be
revised and resubmitted to the watershed review committee as a new proposal. If
the proposal has not been revised and is essentially the same as that already
reviewed, it shall be returned to the applicant.
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5/15/2019 I h CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
.11aS atershed review committee finds that the operation and maintenance n o manLjal
Code Of Ain q
inadequate for any reason, the committee shall notify the owning entity of any required chanj
shall prepare and file copies of the revised agreement with the Burke County register of deed!
office of the watershed administrator and the owning entity.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7020. - Performance security.
(a) All new stormwater control structures shall be conditioned on the posting of adequate
financial assurance for the purpose of maintenance, repairs or reconstruction necessary
for adequate performance of the stormwater control structures.
(b) Financial assurance shall be in the form of the following:
Security performance bond or othersecurity. The permit applicant shall obtain either a
performance bond from a surety bonding company authorized to do business in North
Carolina, an irrevocable letter of credit or other instrument readily convertible into cash
at face value payable to the City of Morganton or placed in escrow with a financial
institution designed as an official depository of the City of Morganton. The bond or other
instrument shall be in an amount equal to one and twenty-five hundredths (1.25) times
the total cost of the stormwater control structure, as estimated by the applicant and
approved by the city. The total cost of the storm -water control structure shall include the
value of all materials such as piping and other structures; seeding and soil stabilization;
design and engineering; and, grading, excavation, fill, etc. The costs shall not be prorated
as part of a larger project, but rather under the assumption of an independent
mobilization.
(c) Consistent with § 9-7019, the permit applicant shall enter into a binding operation and
maintenance agreement between the City of Morganton and all interests in the
development. The agreement shall require the owning entity to maintain, repair and, if
necessary, reconstruct the stormwater control structure in accordance with the operation
and management plan or manual provided by the developer. The operation and
maintenance agreement shall be filed with the Burke County register of deeds by the
watershed administrator.
(d) Default under the performance security. Upon default of the permit applicant to
complete and/or maintain the stormwater control structure as specifically provided in the
performance security, the city may obtain and use all or any portion of the funds
necessary to complete the improvements based on an engineering estimate. The city
shall return any funds not spent in completing the improvements to the owning entity.
(e) Default of operation and maintenance agreement. Upon default of the owning entity to
maintain, repair, and if necessary, reconstruct the stormwater control structure in
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Code of Ordid?c�rdance with the operation and maintenance agreement, the city shall malgeanyQ
necessary improvements based on an engineering estimate. Except in circumstances
where public, health safety and welfare is threatened, such expenditures shall only be
made after exhausting all other reasonable remedies seeking the owning entity to comply
with the terms and conditions of the operation and maintenance agreement including the
assessment of fines. The city shall place any cost accrued as a tax lien against the owning
entity of the device.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7021. - Inspection and release of performance security.
(a) The stormwater control structure shall be inspected by the city, after the owning entity
notifies the watershed administrator that all work has been completed. At this inspection,
the owning entity shall provide:
(1) The signed utility and drainage easement and survey plat for the stormwater control
structure ready for filing with the register of deeds;
(2) A certification sealed by an engineer or landscape architect (to the extent that
General Statutes allow) stating that the stormwater control structure is complete
and consistent with the approved plans and specifications.
(b) The watershed administrator shall present the materials submitted by the developer and
the inspection report and recommendations to the watershed review committee at its
next regularly scheduled meeting.
(1) If the committee approves the inspection report and accepts the certification, and
easements, the city shall file the easements and maintenance agreement with the
Burke County register of deeds, release up to seventy-five (75) percent of the value
of the performance security and issue a watershed protection occupancy permit for
the stormwater control structure, consistent with § 9-7014.
(2) If deficiencies are found, the city shall direct that improvements and inspections be
made and documents corrected and submitted to the city.
(c) No sooner than one (1) year after the filing date of the easements, and maintenance
agreement, the developer may petition the city to release the remaining value of the
performance security. Upon receipt of said petition, the city shall inspect the stormwater
control structure to determine whether the controls are performing as designed and
intended. The watershed administrator shall present the petition, inspection report and
recommendations to the watershed review committee.
(1) If the committee approves the report and accepts the petition, the city shall release
the performance security.
(2) If the watershed review committee does not accept the report and rejects the
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Code Of OrdinanC Detition, the committee shall provide the developer with instructions to C.Qrrect,�ny
deficiencies and all steps necessary for the release of the performance security.
(d) A watershed protection occupancy permit shall not be issued for any building within the
permitted development until the watershed review committee has approved the
stormwater control structure, as provided in § 9-7021(b).
(e) All stormwater control structures shall be inspected at least on an annual basis to
determine whether the controls are performing as designed and intended. Records of
inspection shall be maintained on forms approved or supplied by the North Carolina
division of environmental management. Annual inspections shall begin within one (1)
year of filing date of the approved easements and maintenance agreement for the
stormwater control structure.
(f) In the event the watershed administrator discovers the need for corrective action or
improvements, the watershed administrator shall notify the owning entity of the needed
improvements and the date by which the corrective action is to be completed. All
improvements shall be made consistent with the plans and specifications of the
stormwater control structure and the operation and maintenance plan or manual. After
notification by the owning entity, the city shall inspect and approve the completed
improvements.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7022. - Watershed administrator; duties.
The city manager shall appoint a watershed administrator who shall administer and enforce the
provisions of this chapter as follows:
(a) The watershed administrator shall issue watershed protection permits and
watershed protection occupancy permits as prescribed herein. A record of all
permits shall be kept on file and shall be available for public inspection during
regular office hours of the administrator.
(b) The watershed administrator shall serve as staff to the watershed review committee
and the board of adjustment.
(c) The watershed administrator shall keep records of all amendments to the local
water supply watershed protection ordinance and shall provide copies to the water
quality section, of the North Carolina division of environmental management.
(d) The watershed administrator is granted the authority to administer and enforce the
provisions of this chapter, exercising in the fulfillment of his responsibility the full
zoning power of the City of Morganton. The watershed administrator, or his duly
authorized representative, may enter any building, structure, or premises, as
provided by law, to perform any duty imposed upon him by this chapter.
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5/15/2019 (e� hCHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Code Of OrdinA C2S a watershed administrator shall keep a record of all exceptions issued,byth�board of
:_
this chapter. The administrator shall also keep records on all special density allocations
density allocations issued by the watershed review committee in the calendar year prior
each year. These records shall be submitted to the supervisor of the classification and st
water quality section, division of environmental management on an annual basis and the
provide a description of each project receiving an exception, SDA or high density permit
reasons for granting each.
(f) The watershed administrator, with the consent of the city manager, may appoint
other enforcement personnel and may delegate responsibilities of administering
and enforcing the provision of this chapter. Any reference in this chapter to the
watershed administrator shall be deemed to include other employees designated or
charged with the responsibility of administering and enforcing the provisions
hereof.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7023. - Appeal from administrator.
(a) Any order, requirement, decision or determination made by the watershed administrator
may be appealed to and decided by the board of adjustment.
(b) An appeal from a decision of the watershed administrator must be submitted to the
board of adjustment within thirty (30) days from the date the order, interpretation,
decision or determination is made. All appeals must be made in writing stating the
reasons for appeal. Following submission of an appeal, the watershed administrator shall
transmit to the board all papers constituting the record upon which the action appealed
from was taken.
(c) An appeal stays all proceedings in furtherance of the action appealed, unless the officer
from whom the appeal is taken certifies to the board after the notice of appeal has been
filed with him, that by reason of facts stated in the certificate, a stay would in his opinion
cause imminent peril to life or property. In such case, proceedings shall not be stayed
otherwise than by a specific order which may be granted by the board or by a restraining
order issued by a court of record on application and notice to the officer from whom the
appeal is taken and upon due cause shown.
(d) The board shall fix a reasonable time for hearing the appeal and give notice thereof to
the parties and shall decide the same within a reasonable time. At the hearing, any party
may appear in person, by agent or by attorney.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7024. - Board of adjustment powers & duties.
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I iT66Ssltive review. The board of adjustment shall hear and decide appeals from 8ny decisi
Code of Or( in
determination made by the watershed administrator in the enforcement of this chapter.
(b) Exceptions. The board of adjustment may permit exceptions (consistent with § 9-7002) in
specific cases from the strict terms of this chapter as will not be contrary to the public
interest where, owing to special conditions, a literal enforcement of this chapter will
result in practical difficulties or unnecessary hardship so that the spirit of this chapter
shall be observed, public safety and welfare secured and substantial justice done. Prior to
authorizing any minor exception the city shall notify and allow a reasonable comment
period for all other governments having jurisdiction in the designated watershed or any
other entity using the water supply for water consumption where the exception is being
considered.
(1) Applications for an exception shall be made on the proper forms obtainable from
the watershed administrator and shall include the following information:
a. A site plan, drawn to scale of at least one (1) inch to fifty (50) feet, indicating the
property lines of the parcel upon which the uses is proposed; any existing or
proposed structures; parking areas and other built -upon areas; surface water
drainage. The site plan shall be neatly drawn and indicate north point, name
and address of persons who prepared the plan, date of the original drawing,
and an accurate record of any later revisions.
b. A complete and detailed description of the proposed exception, together with
any other pertinent information which the applicant feels would be helpful to
the board of adjustment in considering the application.
(2) The watershed administrator shall notify in writing each local government having
jurisdiction in the watershed or other entity consuming water from the water
supply. Such notice shall include a description of the exception being requested.
Local governments receiving notice of the exception request may submit comments
to the watershed administrator prior to a decision by the board of adjustment. Such
comments shall become a part of the record of proceedings of the board of
adjustment.
(3) Before the board of adjustment may grant a minor exception, it shall make the
following findings of facts which shall be recorded in the permanent record of the
case and supported by facts set forth in the record:
a. A finding of practical difficulty or unnecessary hardship to be determined only
upon the further findings that the following condition are likely to exist:
1. If the applicant strictly complied with the provisions of this chapter, it is
likely that the applicant could not make a reasonable use of his property
nor secure a reasonable return;
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Code of Ordinances 2. Unnecessary hardship would result from the application of thiuhaDter to the
W
not from the application of this chapter to property within the jurisdiction of t
3. The unnecessary hardship is due to the physical nature of the property,
relating to its size, shape, drainage pattern, topography, physical features,
presence of perennial streams, bedrock, soil features, contributing off -
site drainage impacting the property, or similar features generally
different from that of other property in the same general vicinity, and
4. The hardship is not caused by the actions of the applicant.
b. The exception is minor and will not significantly imperil the general purpose
and intent of this chapter nor significantly adversely affect the volume or
quality of storm water run-off.
c. In granting the exception, the public safety and welfare have been assured and
substantial justice done. The Board shall not grant an exception if it finds that
doing so would substantially impair the public health, safety or general
welfare.
(4) In granting the exception, the board may attach thereto such conditions regarding
the locations, character, and other features of the proposed building, structure, or
use as it may deem advisable in furtherance of the purpose of this chapter. If an
exception for the construction, alteration or use of property is granted, such
construction, alteration or use shall be in accordance with the approved site plan.
(5) The board of adjustment shall refuse to hear an appeal or an application for an
exception previously denied if it finds that there have been no substantial changes
in conditions or circumstances bearing on the appeal or application.
(6) An exception issued in accordance with this section shall be considered a watershed
protection permit and shall expire if a building permit or watershed occupancy
permit for such use is not obtained by the applicant within twelve (12) months from
the date of the decision.
(c) Major exception; environmental management commission approval.
(1) If the application calls for the granting of a major exception, and if the board of
adjustment decides in favor of granting the exception, the board shall prepare a
preliminary record of the hearing with all deliberate speed. The preliminary record
of the hearing shall include:
a. The exception applications;
b. The hearing notices;
c. The evidence presented;
d. Motions, offers of proof, objections to evidence, and rulings on them;
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Code Of Ordinancese. Proposed findings and exceptions; 4
f. The proposed decision, including all conditions proposed to be added to the
permit.
(2) The preliminary records shall be sent to the environmental management
commission for its review as follows:
a. If the commission concludes from the preliminary records that the exception
qualifies as a major exception and that (1) the property owner can secure no
reasonable return from, nor make any practical use of the property unless the
proposed variance is granted, and (2) the exception will not result in a serious
threat to the water supply, then the commission shall approve the exception as
proposed or approve the proposed exception with conditions and stipulations.
The commission shall prepare a commission decision and send it to the board
of adjustment. If the commission approves the exception as proposed, the
Board shall prepare a final decision granting the proposed exception. If the
commission approves the exception with conditions and stipulations, the
board shall prepare a final decision, including such conditions and stipulations,
granting the proposed exception.
b. If the commission concludes from the preliminary records that the exception
qualifies as a major exception and that (1) the property owner can secure a
reasonable return from or make a practical use of the property without the
exception, or (2) the exception, if granted, will result in a serious threat to the
water supply, then the commission shall deny approval of the exception as
proposed. The commission shall prepare a commission decision and send it to
the board of adjustment. The board shall prepare a final decision denying the
exception as proposed.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7025. - Watershed review committee.
There is hereby established and created a watershed review committee to have all the duties and
powers herein set out and subject to the rules hereafter established. The committee shall be appointed
by the city manager and consists of representatives from the community development, engineering,
public works, water resources and public safety departments.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7026. - Powers and duties of the watershed review committee.
(a) The authority to approve development greater than the low density option and to issue
special density allocations (SDA) shall rest solely with the watershed review committee.
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Code Of Ordinarl- rp iew committee shall exercise the authority only established by this chapler. 4
(b) Upon application, the watershed review committee shall review within thirty (30) days the
application request. A meeting of the review committee shall be called by the chairman
(city manager) to review the application. Upon review of the application, the watershed
review committee shall approve or deny the issuance of a watershed protection permit
based on the findings set forth by the committee. A written notice of the committee's
findings shall be provided to the applicant within seven (7) days of the review.
No watershed occupancy permits shall be issued until the applicant has complied with all approved
plans and specifications of the watershed permit and written notice of the watershed review committee.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7027. - Appeals.
Any person or persons, jointly or severally, aggrieved by any decision of the watershed review
committee or the board of adjustment, or any taxpayer, or any officer, department, board or bureau,
may seek review by the Superior Court of Burke County, North Carolina by proceedings in the nature of
certiorari. Any petition for review by the superior court shall be filed with the clerk of superior court
within thirty (30) days after the decision of the board of adjustment or watershed review committee is
filed in the office of the watershed administrator.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7028. - Exemptions.
(a) Existing development, as defined in this chapter, is not subject to the requirements of this
chapter. Expansions to structures classified as existing development must meet the
requirements of this chapter; however, the built -upon area of the existing development is
not required to be included in the density calculations (See appendix 1). For purposes of
this chapter only, existing development is defined as those projects that are built or those
projects that at a minimum have established a vested right under North Carolina zoning
laws as of the effective date of this chapter based on at least one (1) of the following:
(1) Having expended substantial resources (time, labor, money) based on a good faith
reliance upon having received a valid local government approval to proceed with the
project;
(2) Having an outstanding valid building permit as authorized by the General Statutes
(G.S. §§ 153A-344.1 and 160A-385.1); or
(3) Having an approved site specific or phased development plan as authorized by the
General Statutes (G.S. §§ 153A-344.1 and 160A-385.1).
(b) A pre-existing lot in the WS-IV-CA and WS-1 V-PA watershed areas owned by an individual
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
the effective date of this chapter, regardless of whether or not a vestefirigh�as
Code Of Ordina�ri`�e °
been established, may be developed for single family residential purposes without being
subject to the restrictions of this chapter, provided the property is zoned for this use.
However, this exemption is not applicable to multiple contiguous lots under single
ownership within the WSIII-CA and WS-III-BW watershed areas, unless the total
impervious surfaces established on those lots meets the built -upon limitations provided
in §§ 9-7009 or 9-7016, whichever applies.
(c) Reconstruction ofbui/dings orbui/t-upon areas. Any existing building or built -upon area
not in conformance with the density or built -upon restrictions of this chapter that has
been damaged or removed may be repaired and/or reconstructed, except that there are
no restrictions on single family residential development, provided:
(1) The repair or reconstruction is in compliance with applicable zoning regulations;
(2) Repair or reconstruction is initiated within twelve (12) months and completed within
two (2) years of such damage or removal; and
(3) The total amount of space devoted to the built -upon area may not be increased
unless stormwater control that equals or exceeds the previous development is
provided.
(d) Non -conforming uses of land. Uses existing at the time of adoption of this chapter no
longer permitted to be established hereafter in the watershed area in which it is located,
may be continued, except as follows:
(1) When such non -conforming use of land has been changed to an allowed use, it shall
not thereafter revert to any prohibited use.
(2) Such non -conforming use of land shall be changed only to an allowed use.
(3) When such non -conforming use ceases for a period of at least one hundred eighty
(180) days, it shall not be reestablished.
(e) Nothing contained herein shall repeal, modify, or amend any federal or state law or
regulation, or any ordinance or regulation pertaining thereto except any ordinance which
these regulations specifically replace; nor shall any provision of this chapter amend,
modify, or restrict any provisions of this Code of ordinances; however, the adoption of
this chapter shall and does amend any and all ordinances, resolutions, and regulations in
effect in the city at the time of the adoption of this chapter that conflict with any of its
provisions.
(f) It is not intended that this chapter shall interfere with any easement, covenants or other
agreements between parties. However, if the provisions of these regulations impose
greater restrictions or higher standards for the use of a building or land, then the
provision of these regulations shall control.
(Ord. No. 94-37, 10-3-94)
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
CcrWLIL o9-9ianE@gs• Q • .
(a) The city may charge an application fee, inspection fee, processing fee or permit fee for
the various services rendered by the city under this chapter as such fees may be
established in the schedule of fees and charges adopted by the city from time to time.
(b) Processing and inspection fees shall be submitted in the form of a check or money order
made payable to the city. Applications shall be returned if not accompanied by the
required fee.
(c) Inspection fees shall be valid for sixty (60) days. An inspection fee shall be required when
improvements are made to the stormwater control structure consistent with § 9-7019(c),
except in the case when a similar fee has been paid within the last sixty (60) days.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7030. - Amendments.
(a) The city council may, on its own motion or on petition, after public notice and hearing,
amend, supplement, change or modify the watershed regulations and restrictions as
described herein.
(b) No action shall be taken until the proposal has been submitted to the planning
commission for review and recommendations. If no recommendation has been received
from the planning commission within forty-five (45) days after submission of the proposal
to the chairman of the planning commission, the city council may proceed as though a
favorable report has been received.
(c) Under no circumstances shall the city council adopt such amendments, supplements or
changes that would cause this chapter to violate the watershed protection rules as
adopted by the North Carolina environmental management commission. All amendments
must be filed with the North Carolina Division of environmental management, North
Carolina division of environmental health, and the North Carolina division of community
assistance.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7031. - Notice and hearing.
Before adopting or amending this chapter, the city council shall hold a public hearing on the
proposed changes. A notice of the public hearing shall be published once a week for four (4) successive
calendar weeks in a newspaper having a general circulation in the area. Maps showing the boundaries of
the area affected by the proposed ordinance or amendment shall be included in the public notice and
the notice shall not be less than one-half of a newspaper page in size. This notice shall only be effective
for property owners who reside in the are of general circulation of the newspaper which publishes the
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
cono�`�fP, rt �Cmrs who reside outside the city's jurisdiction or outside of the newspaper-Lircujation
area, according to the address listed on the most recent property tax listing for the affected property,
shall be notified by first class mail.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7032. - Criminal penalties.
Any person violating any provisions of this chapter shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with G.S. § 14-4. Each day that the violation continues shall
constitute a separate offense.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7033. - Remedies.
(a) In addition to any criminal penalty provided in this chapter, any subdivision, development
and/or land use found to be in violation of this chapter shall also be a civil offense and
shall subject the offender or other person responsible for such violation to a civil penalty
in the amount of one hundred dollars ($100.00). Any person violating this chapter shall be
issued a written citation in accordance with § 1-1005 of this Code.
(1) The written citation maybe issued by the watershed administrator, any code
enforcement officer, any building inspector, any public safety officer or any other
enforcement officer authorized by the city manager.
(2) The penalty shall be paid to the tax collector at the city within seventy-two (72)
hours from the time of issuance of the written citation.
(3) Each day's continuing violation shall be a separate and distinct offense. Further, the
provisions of this chapter may also be enforced through equitable remedies issued
by a court of competent jurisdiction including an injunction and order of abatement
or any other remedy permitted at law.
(4) This chapter may be enforced by any one, all, of a combination of the remedies
authorized herein or in § 1-1005 of this Code.
(b) If the watershed administrator, or other person charged with enforcing this chapter, finds
that any of the provisions of this chapter are being violated, he shall notify in, writing the
person responsible for such violation, indicating the nature of the violation, and ordering
the action necessary to correct it. He shall order discontinuance of the illegal use of land,
buildings or structures, or of additions, alterations or structural changes thereto;
discontinuance of any illegal work being done; or shall take any action authorized by this
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5/15/2019 CHAPTER 7. - WATERSHED PROTECTION I Code of Ordinances I Morganton, NC I Municode Library
Code Of Ordin SWFgr to ensure compliance with or to prevent violation of its provisions. If arulinwf
the watershed administrator is questioned, the aggrieved party or parties may appeal
such ruling to the watershed review board.
(Ord. No. 94-37, 10-3-94)
Sec. 9-7034. - Liens.
(a) If the city shall be required to execute any order of abatement, whether issued by the
watershed protection administrator, the city council, the board of adjustment, the
watershed protection committee, the North Carolina environmental management
commission, any court of competent jurisdiction or other lawful authority, or if the city
shall be required to assume the control and operation of any stormwater control
structure because of the default or failure of the owner thereof, or if the city shall be
required to summarily remove, abate or remedy any condition that is dangerous or
prejudicial to the public health or public safety, then the expense of such action shall be
paid by the person in default and if not paid, shall be a lien upon the land or premises
where the trouble arose and shall be collected as unpaid taxes.
(b) Any defendant or other person liable under an order of abatement may secure the
cancellation of the order or abatement by paying all costs of the proceedings and posting
a bond for compliance with the order. The bond shall be given with sureties approved by
the clerk of superior court in an amount approved by the judge before whom the matter
was heard and shall be conditioned upon the defendants full compliance with the term of
the order of abatement within the time fixed by the judge.
(Ord. No. 94-37, 10-3-94)
< Sec. 9-6010. - Repealer.
CHAPTER 8. - PHASE II STORM WATER >
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