WSMU_ALBE_WSWP Map_20230612

While we are rebuilding our GIS files this map from Stanly County GIS is the best map I can provide
showing the WS-IV Protected area within the City of Albemarle
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Albemarle's Watershed Ordinance from American Legal
CHAPTER 94: WATERSHED AREAS
Section
Authority and General Regulations
94.01 Authority and enactment
94.02 Jurisdiction
94.03 Exceptions to applicability
94.04 Definitions
94.05 Severability
94.06 Effective date
Subdivision Regulations
94.11 General provisions

94.11(a) Subdivision application and review procedures
94.12 Subdivision standards and required improvements
94.13 Construction procedures
94.14 Penalties for transferring lots in unapproved subdivisions
Development Regulations
94.15 Establishment of watershed areas
94.16 Cluster development
94.17 Buffer areas required
94.18 Rules governing the interpretation of watershed area boundaries
94.19 Application of regulations
94.20 Existing development
94.21 Watershed protection permit
94.22 Building permit required
94.23 Watershed protection occupancy permit
Public Health Regulations
94.27 Public health generally
94.28 Abatement
Administration, Enforcement and Appeals
94.31 Watershed Administrator; duties
94.32 Appeal from Watershed Administrator
94.33 Changes and amendments to the watershed protection ordinance
94.34 Public notice and hearing required
94.35 Watershed Review Board; establishment
94.36 Rules of conduct for members
94.37 Powers and duties of Watershed Review Board
94.38 Appeals from Watershed Review Board
94.98 Remedies
94.99 Penalty
Appendix A: Application forms

Appendix B: Rules of procedure for the Watershed Review Board regarding appeals
and variances
AUTHORITY AND GENERAL REGULATIONS
§ 94.01 AUTHORITY AND ENACTMENT.
The Legislature of the State of North Carolina has, in G.S. Chapter 160D, Article 8,
Section 174, General Ordinance Authority; and in Chapter 143, Article 21, Watershed
Protection Rules, delegated the responsibility or directed local governmental units to
adopt regulations designed to promote the public health, safety, and general welfare of
its citizenry. The governing board of city does hereby ordain and enact into law the
following sections the Watershed Protection Chapter of the city.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)
§ 94.02 JURISDICTION.
The provisions of this chapter shall apply within the areas designated as a Public
Water Supply Watershed by the State Environmental Management Commission and
shall be defined and established on the map entitled, "Watershed Protection Map of the
City of Albemarle, North Carolina" ("the watershed map"), which is adopted
simultaneously herewith. The watershed map and all explanatory matter contained
thereon accompanies and is hereby made a part of this chapter. This chapter shall be
permanently kept on file in the office of the City Clerk.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)
§ 94.03 EXCEPTIONS TO APPLICABILITY.
(A) Nothing contained herein shall repeal, modify, or amend any federal or state law
or regulation, or any chapter or regulation pertaining thereto except any chapter which
these regulations specifically replace; nor shall any provision of this chapter amend,
modify, or restrict any provisions of the city code; 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 may be construed to impair or
reduce the effectiveness of this chapter or to conflict with any of its provisions.
(B) It is not intended that these regulations interfere with any easement, covenants,
or other agreements between parties. However, if the provisions of these regulations
impose greater restrictions or higher standards for the use of a building or land, then the
provisions of these regulations shall control.
(C) Existing development, as defined in this 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.
(D) A pre-existing lot owned by an individual prior to the effective date of this
chapter, regardless of whether or not a vested right has been established, may be

developed for single family residential purposes without being subject to the restrictions
of this chapter. However, this exemption is not applicable to multiple contiguous lots
under single ownership. See § 94.20(A)(2) regarding the recombination of existing lots.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)
§ 94.04 DEFINITIONS.
(A) For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
(1) "AGRICULTURAL USE." The use of waters for stock watering, irrigation, and
other farm purposes.
(2) "ANIMAL UNIT." A unit of measurement developed by the U.S. Environmental
Protection Agency that is used to compare different types of animal operations.
(3) "BEST MANAGEMENT PRACTICES BMP ." A structural or nonstructural
management-based practice used singularly or in combination to reduce nonpoint
source inputs to receiving waters in order to achieve water quality protection goals.
(4) "BUFFER." An area of natural or planted vegetation through which stormwater
runoff flows in a diffuse manner so that the runoff does not become channelized and
which provides for infiltration of the runoff and filtering of pollutants. The buffer is
measured landward from the normal pool elevation of impounded structures and from
the bank of each side of streams or rivers.
(5) "BUILDING." Any structure having a roof supported by columns or by walls, and
intended for shelter, housing, or enclosure of persons, animals, or property.
(6) "BUILT-UPON AREA." Built upon areas shall include that portion of a
development project that is covered by impervious or partially impervious cover
including buildings, pavement, gravel roads, recreation facilities (for example tennis
courts)and the like. (Note: Wooden slatted decks and the water area of a swimming
pool are considered pervious.)
(7) "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 non-residential development as well as single-family residential subdivisions
and multifamily developments that do not involve the subdivision of land.
(8) "COMPOSTING FACILITY." A facility in which only stumps, limbs, leaves,
grass, and untreated wood collected from land clearing or landscaping operations is
deposited.
(9) CRITICAL AREA. The area adjacent to a water supply intake or reservoir
where risk associated with pollution is greater than from the remaining portions of the
watershed. The critical area is defined as extending either 1/2 mile from the normal pool
elevation of the reservoir in which the intake is located or to the ridge line of the
watershed (whichever comes first); or 1/2 mile upstream from the intake located directly

in the stream or river (run- of-the-river), or the ridge line of the watershed (whichever
comes first). Since WS-I watersheds are essentially undeveloped, establishment of a
critical area is not required. Local governments may extend the critical area as needed.
Major landmarks such as highways or property lines may be used to delineate the outer
boundary of the critical area if these landmarks are immediately adjacent to the
appropriate outer boundary of 1/2 mile.
(10) "CUSTOMARY HOME OCCUPATIONS." Any use conducted entirely within a
dwelling or accessory structure and carried on by the occupants thereof, which use is
clearly incidental and secondary to the use of the dwelling for residential purposes and
does not change the character thereof. Provided further that no mechanical equipment
is installed or used except as is normally used for domestic or professional purposes.
(11) "DEVELOPMENT." Any land disturbing activity which adds to or changes the
amount of impervious or partially impervious cover on a land area or which otherwise
decreases the infiltration of precipitation into the soil.
(12) "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.
(13) "DWELLING UNIT." A building, or portion thereof, providing complete and
permanent living facilities for one family.
(14) "EXISTING DEVELOPMENT." Those projects that are built or those projects
that at a minimum have established a vested right under North Carolina zoning law as
of the effective date of this chapter based on at least one of the following criteria:
(a) Substantial expenditures of resources (time, labor, money) based on a good
faith reliance upon having received a valid local government approval to proceed with
the project;
(b) Having an outstanding valid building permit as authorized by G.S. §§ 153A-
344.1 and 160A-385.1; or
(c) Having expended substantial resources (time, labor, money) and having an
approved site specific or phased development plan as authorized by the G.S. §§ 153A-
344.1 and 160A-385.1.
(15) "EXISTING LOT (LOT OF RECORD." A lot which is part of a subdivision, a
plat of which has been recorded in the office of the Register of Deeds prior to the
adoption of this chapter, or a lot described by metes and bounds, the description of
which has been so recorded prior to the adoption of this chapter.
(16) "FAMILY." One or more persons occupying a single dwelling unit, provided
that unless all members are related by blood or marriage or adoption, no such family
shall contain over five persons, but further provided that domestic servants employed or
living on the premises may be housed on the premises without being counted as a
family or families.

(17) "HAZARDOUS MATERIAL." Any substance listed as such in: SARA Section
302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section
311 of CWA (oil and hazardous substances).
(18) "INDUSTRIAL DEVELOPMENT." Any non-residential 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.
(19) "LANDFILL." A facility for the disposal of solid waste on land in a sanitary
manner in accordance with G.S. Chapter 130A, Article 9. For the purpose of this
chapter this term does not include composting facilities.
(20) "LOT." A parcel of land occupied or capable of being occupied by a building or
group of buildings devoted to a common use, together with the customary accessories
and open spaces belonging to the same.
(21) "MAJOR VARIANCE." A variance that results in any one or more of the
following:
(a) The complete waiver of a management requirement;
(b) The relaxation, by a factor of more than 10%, of any management
requirement that takes the form of a numerical standard;
(c) The relaxation of any management requirement that applies to a development
proposal intended to qualify under the high density option.
(22) "MINOR VARIANCE." A variance that does not qualify as a major variance.
(23) "NON-RESIDENTIAL DEVELOPMENT." All development other than
residential development, agriculture, and silviculture.
(24) "PLAT." A map or plan of a parcel of land which is to be, or has been
'subdivided.
(25) "PROTECTED AREA." The area adjoining and upstream of the critical area in
a WS-IV water supply in which protection measures are required. The boundaries of the
protected areas are defined as extending five miles upstream and draining to water
supply reservoirs (measured from the normal pool elevation) or to the ridge line of the
watershed (whichever comes first); or ten miles upstream and draining to the intake
located directly in the stream or river (run-of-the river), or to the ridge line of the
watershed (whichever comes first). Local governments may extend the protected area.
Major landmarks such as highways or property lines may be used to delineate the outer
boundary of the protected area if these landmarks are immediately adjacent to the
appropriate outer boundary of five or ten miles. In some cases the protected area will
encompass the entire watershed.
(26) "RESIDENTIAL DEVELOPMENT." Buildings for residence such as attached
and detached single-family dwellings, apartment complexes, condominiums,

townhouses, cottages, and the like and their associated outbuildings such as garages,
storage buildings, gazebos, and the like and customary home occupations.
(27) "SINGLE-FAMILY RESIDENTIAL." Any development where:
(a) No building contains more that one development unit:
(b) Every dwelling unit is on a separate lot, and
(c) Where no lot contains more than one dwelling unit.
(28) "STREET (ROAD)." A right-of-way for vehicular traffic which affords the
principal means of access to abutting properties.
(29) "STRUCTURE." Anything constructed or erected, including but not limited to
buildings, which requires location on the land or attachment to something having
permanent location on the land.
(30) "SUBDIVIDER." Any person, firm, or corporation who subdivides or develops
any land deemed to be a subdivision as herein defined.
(31) "SUBDIVISION." All divisions of a tract or parcel of land into two or more lots,
building sites, or other divisions for the purpose of sale or building development
(whether immediate or future) and shall include all division of land involving the
dedication of a new street or a change in existing streets; but the following shall not be
included within this definition nor be subject to the regulations authorized by this
chapter:
(a) The combination or recombination of portions of previously subdivided and
recorded lots where the total number of lots is not increased and the resultant lots are
equal to or exceed the standards of this chapter;
(b) The division of land into parcels greater than ten acres where no street right-
of-way dedication is involved;
(c) The public acquisition by purchase of strips of land for the widening or
opening of streets;
(d) The division of a tract in single ownership whose entire area is no greater
than five acres into not more than three lots, where no street right-of-way dedication is
involved and where the resultant lots are equal to or exceed the standards of the this
chapter; or
(e) The division of a tract into plots or lots used as a cemetery.
(32) "TOXIC SUBSTANCE." Any substance or combination of substances
(including disease causing agents), which after discharge and upon exposure,
ingestion, inhalation, or assimilation into any organism, either directly from the
environment or indirectly by ingestion through food chains, has the potential to cause
death, disease, behavioral abnormalities, cancer, genetic mutations, physiological

malfunctions (including malfunctions or suppression in reproduction or growth), or
physical deformities in such organisms or their off spring or other adverse health effects.
(33) "VARIANCE." A permission to develop or use property granted by the
Watershed Review Board relaxing or waiving a water supply watershed management
requirement adopted by the Environmental Management Commission that is
incorporated into this chapter.
(34) "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.
(35) "WATERSHED." The entire land area contributing surface drainage to a
specific point (for example, the water supply intake.)
(36) "WATERSHED ADMINISTRATOR." An official or designated person of the
city responsible for administration and enforcement of this chapter.
(B) Word interpretation. For the purpose of this chapter, certain words shall be
interpreted as follows:
(1) words in the present tense include the future tense.
(2) Words used in the singular number include the plural, and words used in the
plural number include the singular, unless the natural construction of the wording
indicates otherwise.
(3) The word "PERSON" includes a firm, association, corporation, trust, and
company as well as an individual.
(4) The word "STRUCTURE" shall include the word "BUILDING".
(5) The word "LOT" shall include the words, "PLOT," "PARCEL," or "TRACT."
(6) The word "SHALL" is always mandatory and not merely directory. The word
"WILL" is always mandatory and not merely directory.
(Ord. 93-22, passed 6-24-93; Am. Ord. 94-15, passed 5-16-94; Am. Ord. 21-26, passed
7-12-21)
§ 94.05 SEVERABILITY.
Should any section or provision of this chapter be declared invalid or unconstitutional
by any court of competent jurisdiction, the declaration shall not affect the validity of this
chapter as a whole or any part thereof that is not specifically declared to be invalid or
unconstitutional.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)
§ 94.06 EFFECTIVE DATE.

This chapter shall take effect and be in force on July 1, 1993.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)
SUBDIVISION REGULATIONS
§ 94.11 GENERAL PROVISIONS.
(A) No subdivision plat of land within the Public Water Supply Watershed shall be
filed or recorded by the Register of Deeds until it has been approved in accordance with
the provisions of this subchapter. Likewise, the Clerk of Superior Court shall not order or
direct the recording of a plat if the recording of such plat would be in conflict with this
subchapter.
(B) The approval of a plat does not constitute or effect the acceptance by the city or
the public of the dedication of any street or other ground, easement, right-of-way, public
utility line, or other public facility shown on the plat and shall not be construed to do so.
(C) All subdivisions shall conform with the mapping requirements contained in G.S. §
47-30.
(D) All subdivisions of land within the jurisdiction of the city after the effective date of
this chapter shall require a plat to be prepared, approved, and recorded pursuant to this
chapter.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)
§ 94.11(a) SUBDIVISION APPLICATION AND REVIEW PROCEDURES.
(A) All proposed subdivisions shall be reviewed prior to recording with the Register of
Deeds by submitting a vicinity map to the Watershed Administrator to determine
whether or not the property is located within the designated Public Water Supply
Watershed. Subdivisions that are not within the designated watershed area shall not be
subject to the provisions of this chapter and may be recorded provided the Watershed
Administrator affixes his signature to a legend on the plat certifying the subdivision is
not located within the watershed. In addition, subdivisions within a WS-IV watershed are
subject to the provisions of this chapter only when an erosion and sedimentation plan is
required under the provisions of state law, or approved local program. Subdivisions
within the designated watershed area shall comply with the provisions of this
subchapter and all other state and local requirements that may apply.
(B) Subdivision applications shall be filed with the Watershed Administrator. The
application shall include a completed application form, two copies of the plat and
supporting documentation deemed necessary by the Watershed Administrator (see
Appendix A).
(C) The Watershed Administrator shall review the completed application and submit
recommendations to the Watershed Review Board for further review and final action.
The Watershed Review Board shall either approve, approve conditionally or disapprove
each application by a majority vote of the members present and voting. First

consideration of the application shall be at the next regularly scheduled meeting of the
Board after the application is submitted. The Board shall take final action within 45 days
of its first consideration. The Watershed Administrator may provide public agencies an
opportunity to review and make recommendations. However, failure of the agencies to
submit their comments and recommendations shall not delay the Board's action within
the prescribed time limit. Those public agencies may include, but are not limited to, the
following:
(1) The District Highway Engineer with regard to proposed streets and highways.
(2) The Director of the Health Department with regard to proposed private water
system or sewer systems normally approved by the Health Department.
(3) The State Division of Environmental Management with regard to proposed
sewer systems normally approved by the Division, engineered storm water controls or
storm water management in general.
(4) Any other agency or official designated by the Watershed Administrator.
(D) If the Watershed Review Board approves the application, such approval shall be
indicated on both copies of the plat by the following certificate and signed by the
chairman or other authorized member of the Board:
Certificate of Approval for Recording
"I certify that the plat shown hereon complies with the Watershed Protection Chapter
and is approved by the Watershed Review Board for recording in the Register of Deeds
office.
Date Chairman, Watershed Review Board
NOTICE: This property is located within a Public Water Supply Watershed -
development restrictions may apply."
(E) If the Watershed Review Board disapproves or approves conditionally the
application, the reasons for such action shall be stated in writing for the applicant and
entered in the minutes. The subdivider may make changes and submit a revised plan
which shall constitute a separate request for the purpose of review.
(F) All subdivision plats shall comply with the requirements for recording of the
County Register of Deeds.
(G) The subdivider shall provide the Watershed Administrator with evidence the plat
has been recorded with the Register of Deeds within five working days of its being
recorded.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)
§ 94.12 SUBDIVISION STANDARDS AND REQUIRED IMPROVEMENTS.

(A) All lots shall provide adequate building space in accordance with the
development standards contained in §§ 94.15 to 94.23. Lots which are smaller than the
minimum required for residential lots shall be identified on the plat as, "NOT FOR
RESIDENTIAL PURPOSES".
(B) For the purpose of calculating built-upon area, total project area shall include
total acreage in the tract on which the project is to be developed.
(C) Storm water drainage facilities. The application shall be accompanied by a
description of the proposed method of providing storm water drainage. The subdivider
shall provide a drainage system that diverts stormwater runoff away from surface waters
and incorporates best management practices to minimize water quality impacts.
(D) Erosion and sedimentation control. The application shall, where required, be
accompanied by a written statement that a Sedimentation and Erosion Control Plan has
been submitted to and approved by the North Carolina Department of Environmental
Health and Natural Resources, Land Quality Section.
(E) Roads constructed in critical areas and watershed buffer areas. Where possible,
roads should be located outside of critical areas and watershed buffer areas. Roads
constructed within these areas shall be designed and constructed so to minimize their
impact on water quality.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)
§ 94.13 CONSTRUCTION PROCEDURES.
(A) No construction or installation of improvements shall commence in a proposed
subdivision until a subdivision plat has been approved by the Watershed Review Board.
(B) No building or other permits shall be issued for erection of a structure on any lot
not of record at the time of adoption of this chapter until all requirements of this chapter
have been met. The subdivider, prior to commencing any work within the subdivision,
shall make arrangements with the Watershed Administrator to provide for adequate
inspection.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21) Penalty, see § 94.99
§ 94.14 PENALTIES FOR TRANSFERRING LOTS IN UNAPPROVED
SUBDIVISIONS.
Any person who, being the owner or agent of the owner of any land located within the
jurisdiction of the city, thereafter subdivides his land in violation of this chapter or
transfers or sells land by reference to, exhibition of, or any other use of a plat showing a
subdivision of the land before the plat has been properly approved under this chapter
and recorded in the office of the Register of Deeds, shall be guilty of a misdemeanor.
The description by metes and bounds in the instrument of transfer or other document
used in the process of selling or transferring land shall not exempt the transaction from
this penalty. The city may bring an action for injunction of any illegal subdivision,

transfer, conveyance, or sale of land, and the court shall, upon appropriate findings,
issue an injunction and order requiring the offending party to comply with this chapter.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)