WSCO_BLAD_Water Supply Watershed Ord & Amend 1997_20230613

Bladen County Water Supply Watershed Ordinance
Adopted August 2, 1994
Amended August 4, 1997
BLADEN COUNTY
WATER SUPPLY WATERSHED ORDINANCE
ARTICLE 1: Authority and General Regulations
Section 101. Authority and Enactment.
The Legislature of the State of North Carolina has, in Chapter {153A}, Article {6}, Section
{121}, 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 Board of Commissioners of Bladen County does hereby ordain and
enact into law the following articles as the Water Supply Watershed Ordinance.
Section 102. Jurisdiction.
The provisions of this Ordinance shall apply within the areas designated as a Public
Water Supply Watershed by the North Carolina Environmental Management
Commission and shall be defined and established on the map entitled, "Water Supply
Watershed Protection Map of Bladen County, North Carolina", which is adopted
simultaneously herewith. The Water Supply Watershed Protection Map and all
explanatory matter contained thereon accompanies and is hereby made a part of this
Ordinance. This Ordinance shall be permanently kept on file in the office of the manager
of Bladen County.
Section 103. Exceptions to Applicability.
A. 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 Ordinance amend,
modify, or restrict any provisions of the Code of Ordinances of Bladen county; however,
the adoption of this Ordinance shall and does amend any and all ordinances,
resolutions, and regulations in effect in Bladen County at the time of the adoption of this
Ordinance that may be construed to impair or reduce the effectiveness of this Ordinance
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 ordinance, is not subject to the
requirements of this ordinance. Expansions to structures classified as existing
development must meet the requirements of this ordinance, however, the built -upon
area of the existing development is not required to be included in the density
calculations.

D. If a non -conforming lot of record is not contiguous to any other lot owned by the
same party, then that lot of record shall not be subject to the development restrictions of
this ordinance if it is developed for single family purposes.
Section 104. Criminal Penalties
Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor
and, upon conviction, shall be punished in accordance with N.C.G.S. 14-4. The
maximum fine for each offense shall not exceed $500.00. Each day the violation
continues shall constitute a separate offense.
Section 105. Remedies
A. If any subdivision, development and/or land use is found to be in violation of this
Ordinance, the Bladen County Board of Commissioners, may, in addition to all other
remedies available either in law or in equity, institute a civil penalty the amount of $100,
action or proceedings to restrain, correct, or abate the violation; to prevent occupancy of
the building, structure, or land; or to prevent any illegal act, conduct, business, or use in
or about the premises. In addition, the N. C. Environmental Management Commission
may assess civil penalties in accordance with G.S. 143-215.6(a). Each day that the
violation continues shall constitute a separate offense.
B. If the Watershed Administrator finds that any of the provisions of this ordinance 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; removal of
illegal 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
ordinance to ensure compliance with or to prevent violation of its provisions. If a ruling
of the Watershed Administrator is questioned, the aggrieved party or parties may appeal
such ruling to the Watershed Review Board.
Section 106. Severability
Should any section or provision of this Ordinance be declared invalid or unconstitutional
by any court of competent jurisdiction, the declaration shall not affect the validity of this
Ordinance as a whole or any part thereof that is not specifically declared to be invalid or
unconstitutional.
Section 107. Effective Date
This Ordinance shall take effect and be in force on August 2, 1994.
ARTICLE 2: SUBDIVISION REGULATIONS
Section 201. General Provisions Regarding Subdivisions

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 Article. 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 Article.
B. The approval of a plat does not constitute or effect the acceptance by the County 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 subdivision of land within the jurisdiction of Bladen County after the effective date
of this Ordinance shall require a plat to be prepared, approved, and recorded pursuant to
this Ordinance.
Section 202. Subdivision Application and Review Procedures (see Appendix A)
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 Ordinance and may be recorded provided the Watershed
Administrator initials the vicinity map. In addition, subdivisions within a WS-IV
watershed are subject to the provisions of this ordinance 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 Article 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 (2) copies of the plat and
supporting documentation deemed necessary by the Watershed Administrator or the
Watershed Review Board.
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 forty-
five (45) days of its first consideration. The Watershed Administrator or the Board 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. Said 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 Water Quality 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 or Watershed Review Board.
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 Ordinance
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 plat shall be recorded within thirty (30) days of approval.The Subdivider shall
provide the Watershed Administrator with evidence the plat has been recorded with the
Register of Deeds within five (5) working days.
Section 203. Subdivision Standards and Required Improvements
A. All lots shall provide adequate building space in accordance with the development
standards contained in Article 3. 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 Land Quality Section, Division of Environmental
Management, Fayetteville Regional Office.
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.
Section 204. 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 Ordinance until all requirements of this
Ordinance 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.
Section 205. 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 Bladen County, thereafter subdivides his land in violation of this ordinance
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
Ordinance 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 County of Bladen 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 Ordinance.
ARTICLE 3: DEVELOPMENT REGULATIONS
Section 301. Establishment of Watershed Areas
The purpose of this Article is to list and describe the watershed areas herein adopted.
For purposes of this ordinance the County is hereby divided into the following areas:
WS-IV-CA (Critical Area)
WS-IV-PA (Protected Area)
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Section 302. Description of Watershed Areas
A. WS-IV Watershed Areas - Critical (WS-IV-CA). Only new development activities that
require an erosion/sedimentation control plan under State law or approved local program
are required to meet the provisions of this Ordinance when located in the WS-IV
watershed. In order to address a moderate to high land use intensity pattern, single
family residential uses are allowed at a maximum of two (2) dwelling units per acre. All
other residential and non-residential development shall be allowed twenty-four percent
(24%) built -upon area. New sludge application sites and landfills are specifically
prohibited.
(1) Allowed Uses:
(a) Agriculture subject to the provision 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
on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale
topographic maps or as determined by local government studies. Animal
operations greater than one hundred (100) animal units shall employ Best
Management Practices by July 1, 1994 recommended by the Soil and
Water Conservation Commission.
(b) Silviculture, subject to the provision 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) sites for land application of sludge/residuals or petroleum
contaminated soils.
(2) Density and Built -Upon Limits:
(a) Single Family Residential --development shall not exceed two dwelling units
per acre on a project by project basis. No residential lot shall be less than
one-half (1/2) acre, except within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not exceed
twenty-four percent (24%) built -upon area on a project by project basis.
For the purpose of calculating the built -upon area, total project area shall
include total acreage in the tract on which the project is to be developed.
B. WS-IV Watershed Areas - Protected Area (WS-IV-PA). Only new development
activities that require an erosion/sedimentation control plan under State law or approved
local government program are required to meet the provisions of this Ordinance when
located in a WS-IV watershed. In order to address a moderate to high land use intensity

pattern, single family residential uses shall develop at a maximum of two (2) dwelling
units per acre. All other residential and non-residential development shall be allowed at
a maximum of twenty-four (24%) percent built -upon area. A maximum of three (3)
dwelling units per acre or thirty-six (36%) percent built -upon
area is allowed for projects without a curb and gutter street system. New sludge
application sites and landfills are specifically prohibited.
(1) Allowed Uses:
(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 provision of the Forest Practices
Guidelines Related to Water Quality (15 NCAC 11.6101-.0209).
(c) Residential development.
(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 soil.
(2) Density and Built -Upon Limits:
(a) Single Family Residential --development shall not exceed two (2)
dwelling units per acre, as defined on a project by project basis. No
residential lot shall be less than one-half (1/2) acre, or one-third (1/3)
for projects without a curb and gutter street drainage system, except
within an approved cluster development.
(b) All Other Residential and Non -Residential --development shall not
exceed twenty-four percent (24%) built -upon area on a project by
project basis. For projects without a curb and gutter street system,
development shall not exceed thirty-six percent (36%) built -upon
area on a project by project basis. 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.
Section 303. Cluster Development
Clustering of development is allowed and encouraged in all Watershed Areas under the
following conditions:
A. Minimum lot sizes are not applicable to single family cluster development projects;
however, the total number of lots shall not exceed the number of lots allowed for single
family detached developments in Section 302. Density or built -upon area for the project
shall not exceed that allowed for the critical area or protected area, whichever applies.
B. All built -upon area 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. The title to the
open space area shall be conveyed to an incorporated homeowners association for
management; to a local government for preservation as a park or open space; or to a
conservation organization for reservation in a permanent easement. Where a property
association is not incorporated, a maintenance agreement shall be filed with the property
deeds.
Section 304. Buffer Areas Required.
A. A minimum thirty (30) foot vegetative buffer for development activities is required
along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000
(7.5 minute) scale topographic maps or as determined by local government studies.
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 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.
Section 305. Rules Governing the Interpretation of Watershed Area Boundaries
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the
Watershed Map, the following rules shall apply:
A. Where area boundaries are indicated as approximately following either street, alley,
railroad or highway lines or centerlines thereof, such lines shall be construed to be said
boundaries.
B. Where area boundaries are indicated as approximately following lot lines, such lot
lines shall be construed to be said boundaries. However, a surveyed plat prepared by a
registered land surveyor may be submitted to the County as evidence that one 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. This decision may be appealed to
the Watershed Review Board.
Section 306. Application of Regulations.
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A. No building or land shall hereafter be used and no development shall take place
except in conformity with the regulations herein specified for the watershed area in which
it is located.
B. No area required for the purpose of complying with the provisions of this Ordinance
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 Section 307.
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.
Section 307. Existing Development
Any existing development as defined in this Ordinance, may be continued and
maintained subject to the provisions provided herein. Expansions to structures classified
as existing development must meet the requirements of this Ordinance, however, the
built -upon area of the existing development is not required to be included in the density
calculations.
A. Uses of Land. This category consists of uses existing at the time of adoption of this
Ordinance where such use of the land is not permitted to be established hereafter in the
watershed area in which it is located. Such uses may be continued except as follows:
(1) When such use of land has been changed to an allowed use, it shall not
thereafter revert to any prohibited use.
(2) Such use of land shall be changed only to an allowed use.
(3) When such use ceases for a period of at least one year, it shall not be
reestablished.
B. Reconstruction of Buildings or Built -Upon Areas. Any existing building or built -upon
area not in conformance with the restriction of this Ordinance 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) Repair or reconstruction is initiated within twelve (12) months and
completed within two (2) years of such damage.
(2) The total amount of space devoted to built -upon area may not be increased
unless stormwater control that equals or exceeds the previous development
is provided.
Section 308. Watershed Protection Permit. (See Appendix A)
A. Except where a single family residence is constructed on a lot deeded prior to the
effective date of this Ordinance, 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 Ordinance.
B. Watershed Protection Permit applications shall be filed with the Watershed
Administrator. The application shall include a completed application form (see Appendix
A) 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 Ordinance.
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.
Section 309. Building Permit Required.
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 been
issued.
Section 310. Watershed Protection Occupancy Permit
A. The Watershed Administrator shall issue a Watershed Protection Occupancy permit
certifying that all requirements of this Ordinance 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 Ordinance 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.
ARTICLE 4: PUBLIC HEALTH REGULATIONS
Section 401. Public Health, in general.
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No activity, situation, structure or land use shall be allowed within the watershed which
poses a threat to water quality and the public health, safety and welfare. Such
conditions may arise from inadequate on -site sewage systems which utilize ground
absorption; inadequate sedimentation and erosion control measures; the improper
storage or disposal of junk, trash or other refuse within a buffer area; the absence or
improper implementation of a spill containment plan for toxic and hazardous materials;
the improper management of stormwater runoff; or any other situation found to pose a
threat to water quality.
Section 402. Abatement.
A. The Watershed Administrator shall monitor land use activities within the watershed
areas to identify situations that may pose a threat to water quality.
B. The Watershed Administrator shall report all findings to the Watershed Review
Board. The Watershed Administrator may consult with any public agency or official and
request recommendations.
C. Where the Watershed Review Board finds a threat to water quality and the public
health, safety and welfare, the Board shall institute any appropriate action or proceeding
to restrain, correct, or abate the condition and / or violation.
ARTICLE 5: ADMINISTRATION, ENFORCEMENT AND APPEALS
Section 501. Watershed Administrator and Duties thereof.
The County shall appoint a Watershed Administrator, who shall be duly sworn in as an
officer of the County. It shall be the duty of the Watershed Administrator to administer
and enforce the provisions of this Ordinance 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 clerk to the Watershed Review Board.
C. The Watershed Administrator shall keep records of all amendments to the local
Water Supply Watershed Protection Ordinance and shall provide copies of all
amendments upon adoption to the Division of Water Quality.
D. The Watershed Administrator is granted the authority to administer and enforce the
provisions of this Ordinance, exercising in the fulfillment of his responsibility the full
police power of the County. 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 Ordinance.
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E. The Watershed Administrator shall keep a record of variances to the local Water
Supply Watershed protection Ordinance. This record shall be submitted each calendar
year to the Division of Water Quality on or before January 1st of the following calendar
year and shall provide a description of each project receiving a variance and the reasons
for granting the variance.
Section 502. Appeal from the Watershed Administrator
Any order, requirement, decision or determination made by the Watershed Administrator
may be appealed to and decided by the Watershed Review Board.
An appeal from a decision of the Watershed Administrator must be submitted to the
Watershed Review Board 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.
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 restraining order which may be granted by the Board or by a court of
record on application of notice of the officer from whom the appeal is taken and upon
due cause shown.
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.
Section 503. Changes and Amendments to the Watershed Protection Ordinance.
A. The Bladen County Board of Commissioners 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 Watershed
Review Board for review and recommendations. If no recommendation has been
received from the Watershed Review Board within forty-five (45) days after submission
of the proposal to the Chairman of the Watershed Review Board, the Board of
Commissioners may proceed as though a favorable report had been received.
C. Under no circumstances shall the County Board of Commissioners adopt such
amendments, supplements, or changes that would cause this Ordinance to violate the
watershed protection rules as adopted by the N.C. Environmental Management
Commission. All amendments must be filed with the N.C. Division of Water Quality, N.C.
Division of Environmental Health, and the N.C. Division of Community Assistance.
Section 504. Public Notice and Hearing Required.
Before adopting or amending this Ordinance, the Bladen County Board of
Commissioners shall hold a public hearing on the proposed changes. A notice of the
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public hearing shall be given once a week for two successive calendar weeks in a
newspaper having general circulation in the area. The notice shall be published for the
first time not less than ten (10) nor more than twenty-five (25) days before the date fixed
for the hearing.
Section 505. Establishment of Watershed Review Board.
A. There shall be and hereby is created the Watershed Review Board consisting of five
(5) members appointed by the Bladen County Board of Commissioners.
(1) Three (3) members shall reside within the Town of East Arcadia.
Two (2) of the town members shall be appointed for a two (2) year
term and one (1) shall be appointed for a three (3) year term. Two
(2) members shall reside within the county and shall be appointed
for three (3) year terms. Thereafter, all new terms shall be for three
(3) years, and members may be reappointed.
B. Two (2) alternate members shall be appointed to serve on the Watershed Review
Board in the absence of any regular member and shall be appointed for three (3) year
terms. While attending in the capacity of a regular member, the alternate shall have and
exercise all the powers and duties of the absent regular member.
(1) The County shall appoint one (1) alternate member form the county
and the Town shall appoint one (1) alternate member from the town
limits.
Section 506. Rules of Conduct for Members.
Members of the Board may be removed by the Bladen County Board of Commissioners
for cause, including violation of the rules stated below:
A. Faithful attendance at meetings of the Board and conscientious performance of the
duties required of members of the Board shall be considered a prerequisite to continuing
membership on the Board.
B. No Board member shall take part in the hearing, consideration, or determination of
any case in which he is personally or financially interested. A Board member shall have
a "financial interest" in a case when a decision in the case will: 1) cause him or his
spouse to experience a direct financial benefit or loss, or 2) will cause a business in
which he or his spouse owns a 10 per cent or greater interest, or is involved in a
decision -making role, to experience a direct financial benefit or loss. A Board member
shall have a "personal interest" in a case when it involves a member of his immediate
family (i.e., parent, spouse, or child).
C. No Board member shall discuss any case with any parties thereto prior to the public
hearing on that case; provided, however, that members may receive and/or seek
information pertaining to the case form the Watershed Administrator or any other
member of the Board, its secretary or clerk prior to the hearing.
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D. Members of the Board shall not express individual opinions on the proper judgment
of any case prior to its determination on that case.
E. Members of the Board shall give notice to the chairman at least forty-eight (48) hours
prior to the hearing of any potential conflict of interest which he has in a particular case
before the Board.
F. No Board member shall vote on any matter that decides an application or appeal
unless he had attended the public hearing on that application or appeal.
Section 507. Powers and Duties of the Watershed Review Board.
A.. Administrative Review. The Watershed Review Board shall hear and decide
appeals from any decision or determination made by the Watershed Administrator in the
enforcement of this Ordinance.
B. Variances. The Watershed Review Board shall have the power to authorize, in
specific cases, minor variances form the terms of this Ordinance as will not be contrary
to the public interests where, owing to special conditions, a literal enforcement of the
Ordinance will result in practical difficulties or unnecessary hardship, so that the spirit of
this Ordinance shall be observed, public safety and welfare secured, and substantial
justice done. In addition, the County shall notify and allow a reasonable comment period
for all other local governments having jurisdiction in the designated watershed and the
entity using the water supply for consumption where the variance is being considered.
(1) Applications for a variance shall be made on the proper form obtainable
from the Watershed Administrator and shall include the following
information:
(a) A site plan, drawn to a scale of at least one (1) inch to forty (40)
feet, indicating the property lines of the parcel upon which the use is
proposed; any existing or proposed structures; parking areas and
other built -upon areas; surface water drainage. The site plan shall
be neatly drawn and indicate north point, name and address of
person 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 variance,
together with any other pertinent information which the applicant
feels would be helpful to the Watershed Review Board in
considering the application.
(c) The Watershed Administrator shall notify in writing each local
government having jurisdiction in the watershed. Such notice
shall include a description of the variance being requested. Local
governments receiving notice of the variance request may submit
comments to the Watershed Administrator prior to a decision by the
Watershed Review Board. Such comments shall become a part of
the record of proceedings of the Watershed Review Board.
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(2) Before the Watershed Review Board may grant a variance, it shall make the
following three findings, which shall be recorded in the permanent record of
the case, and shall include the factual reasons on which they are based:
(a) There are practical difficulties or unnecessary hardships in the way
of carrying out the strict letter of the Ordinance. In order to
determine that there are practical difficulties or unnecessary
hardships, the Board must find that the five following conditions
exist:
(1) If he complies with the provisions of the Ordinance, the
applicant can secure no reasonable return from, nor make
reasonable use of, his property. Merely proving that the
variance would permit a greater profit to be made from the
property will not be considered adequate to justify the Board
in granting a variance. Moreover, the Board shall consider
whether the variance is the minimum possible deviation
from the terms of the Ordinance that will make possible the
reasonable use of his property.
(2) The hardship results from the application of the Ordinance to
the property rather than from other factors such as deed
restrictions or other hardships.
(3) The hardship is due to the physical nature of the applicant's
property, such as its size, shape, or topography, which is
different from that of neighboring property.
(4) The hardship is not the result of the actions of an applicant
who knowingly or unknowingly violates the Ordinance, or
who purchases the property after the effective date of the
Ordinance, and then comes to the Board for relief.
(5) The hardship is peculiar to the applicant's property, rather
than the result of conditions that are widespread. If other
properties are equally subject to the hardship created in
the restriction, then granting a variance would be a special
privilege denied to others, and would no promote equal
justice.
(b) The variance is in harmony with the general purpose and intent of
the Ordinance and preserves its spirit.
(c) In the granting of the variance, the public safety and welfare have
been assured and substantial justice has been done. The Board
shall not grant a variance if it finds that doing so would in any
respect impair the public health, safety, or general welfare.
(3) In granting the variance, the Board may attach thereto such conditions
regarding the location, character, and other features of the proposed
building, structure, or use as it may deem advisable in furtherance of the
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purpose of this Ordinance. If a variance for the construction, alteration or
use of property is granted, such construction, alteration or use shall be in
accordance with the approved site plan.
(4) The Watershed Review Board shall refuse to hear an appeal or an
application for a variance previously denied if it finds that there have
been no substantial changes in conditions or circumstances bearing
on the appeal or application.
(5) A variance 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 six (6) months form the date of the application.
(6) If the application calls for the granting of a major variance, and it the
Watershed Review Board decides in favor of granting the variance, the
Board shall prepare a preliminary record of the hearing with all deliberate
speed. The preliminary record of the hearing shall include:
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to evidence, and rulings on them;
(e) Proposed findings and exceptions;
(f) The proposed decision, including all conditions proposed to be
added to the permit.
The preliminary record shall be sent to the Environmental Management Commission for
its review as follows:
(a) If the Commission concludes from the preliminary record that the
variance qualifies as a major variance 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 variance, if granted, will not result in a serious threat to the water
supply, then the Commission shall approve the variance as proposed
or approve the proposed variance with conditions and stipulations.
The Commission shall prepare a Commission decision and send it
to the Watershed Review Board. If the Commission approves the
variance as proposed, the Board shall prepare a final decision
granting the proposed variance. If the Commission approves the
variance with conditions and stipulations, the Board shall prepare
a final decision, including such conditions and stipulations, granting
the proposed variance.
(b) If the Commission concludes from the preliminary record that the
variance qualifies as a major variance and that (1) the property
owner can secure a reasonable return from or make a practical use
of the property without the variance or (2) the variance, if granted,
will result in a serious threat to the water supply, then the
Commission shall deny approval of the variance as proposed. The
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Commission shall prepare a Commission decision and send it to the
Watershed Review Board. The Board shall prepare a final decision
denying the variance as proposed.
(c) Subdivision approval. See Article 200.
(d) Public Health. See Article 400.
(e) Approval of all development greater than the low density option.
7. A description of all projects receiving a variance and the reason for granting
the variance shall be submitted to the Environmental Management Commission on
January 1st of each year.
8. For all variances, the Watershed Administrator shall notify and allow a
reasonable comment period for all local governments having jurisdiction within or using
the water supply from the Cape Fear Watershed.
Section 508. Appeals from the Watershed Review Board.
Appeals form the Watershed Review Board must be filed with the Superior Court within
30 days from the date of the decision. The decisions by the Superior Court will be in the
manner of certiorari.
Section 509. Rules of Procedures for the Watershed Review Board Regarding
Appeals and Variances
See Appendix B
ARTICLE 6: DEFINITIONS
Section 601. General Definitions
Agricultural Use. The use of waters for stock watering, irrigation, and other farm
purposes.
Animal Unit. A unit of measurement developed by the U.S. Environmental Protection
Agency that is used to compare different types of animal operation.
Best Management Practices (BMP). a structural or non structural management -based
practice used singularly or in combination to reduce nonpoint source inputs to receiving
waters in order to achieve water quality protection goals.
Buffer. An area of natural or planted vegetation through which 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.
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Building. Any structure having a roof supported by columns or by walls, and intended
for shelter, housing or enclosure of persons, animals or property. The connection of two
buildings by means of an open porch, breezeway, passageway, carport or other such
open structure, with or without a roof, shall not be deemed to make them one building.
Built -Upon Area. Built -upon areas shall include that portion of a development project
that is covered by impervious or partially impervious cover including building, pavement,
gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts), etc.
(Note: Wooden slatted decks and the water area of a swimming pool 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 non-
residential development as well as single-family residential and multi -family
developments. For the purpose of this ordinace planned unit development and mixed
use development are considered as cluster development.
Composting Facility. A facility in which only stumps, limbs, leaves, grass and
untreated wood collected form land clearing or landscaping operations is deposited.
Critical Area. The area adjacent to a water supply intake or reservoir where risk
associated with pollution is greater than from the remaining portions of the watershed.
The critical area is defined as extending either one-half mile form the normal pool
elevation of the reservoir in which the intake is located or to the ridge line of the
watershed (whichever comes first); or one-half mile upstream from the intake located
directly in the stream or river (run -of -the -river), or the ridge line of the watershed
(whichever comes first).
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.
Discharging Landfill. A facility with liners, monitoring equipment and other measures
to detect and / or prevent leachate form entering the environment and in which the
leachate is treated on site and discharged to a receiving stream.
Dwelling Unit. A building, or portion thereof, providing complete and permanent living
facilities for one family.
Existing Development. Those projects that are built or those projects that at a
minimum have established a vested right under North Carolina zoning law as of the
effective date of this Ordinance based on at least one of the following criteria:
(1) substantial expenditures of resources (time, labor, money) based on a good
faith reliance upon having received a valid local government approval to
proceed with the project, or
(2) having an outstanding valid building permit as authorized by the General
Statutes. (G. S. 153A-344.1)
(3) having expended substantial resources (time, labor, money) and having an
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approved site specific or phased development plan as authorized by the
General Statutes (G.S. 153A-344.1)
Existing Lot (Lot of Record). A lot which is part of a subdivision, a plat of which has
been recorded in the Office of the Register of Deeds prior to the adoption of this
Ordinance, or a lot described by metes and bounds, the description of which has been
so recorded prior to the adoption of this Ordinance.
Family. One or more persons occupying a single dwelling unit, provided that unless all
members are related by blood or marriage or adoption, no such family shall contain over
five persons, but further provided that domestic servants employed or living on the
premises may be housed on the premises without being counted as a family or families.
Hazardous Material. Any substance listed as such in: SARA Section 302, Extremely
Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA ( oil
and hazardous substances).
Industrial Development. Any non-residential development that requires and 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 Chapter 130a Article 9 of the N.C. General Statutes. For the purpose
of this ordinance this term does not include composting facilities.
Lot. A parcel of land occupied or capable of being occupied by a building or group of
buildings devoted to a common use, together with the customary accessories and open
spaces belonging to the same.
Major Variance. A variance from the minimum statewide water supply watershed
protection criteria that results in any one or more of the following:
(1) any variation in the design, maintenance or operation requirements of a wet
detention pond or other approved stormwater system;
(2) the relaxation, by a factor greater than ten (10) percent, of any
management requirement
Minor Variance. A variance that does not qualify as a major variance
Non -conforming Lot of Record. A lot described by a plat it a deed that was recorded
prior to the effective date of th7IT ordinance that does not meet the minimum lot size or
other development requirements of the statewide watershed protection rules.
Non-residential Development. all development other than residential development,
agriculture and silviculture.
Plat. A map or plan of a parcel of land which is to be, or has been subdivided
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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 5 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). 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 5 or 10 miles.
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 more than
one dwelling unit, 2) every dwelling unit is on a separate lot, and 3) where no lot
contains more than one dwelling unit.
Street (Road). a right-of-way for vehicular traffic which affords the principal means of
access to abutting properties.
Structure. Anything constructed or erected, including but not limited to buildings, which
requires location on the land or attachment to something having permanent location on
the land.
Subdivider. Any person, firm or corporation who subdivides or develops any land
deemed to be a subdivision as herein defined.
Subdivision. All divisions of a tract or parcel of land into two or more lots, building sites,
or other divisions for the purpose of sale or building development (whether immediate or
future) and shall include all division of land involving the dedication of a new street or a
change in existing streets; but the following shall not be included within this definition nor
be subject to the regulations authorized by this ordinance:
(1) The combination or recombination of portions of previously subdivided and
recorded lots where the total number of lots is not increased and the resultant
lots are equal to or exceed the standards of this Ordinance.
(2) The division of land into parcels greater than 10 acres where no street right-
of-way dedication is involved;
(3) The public acquisition by purchase of strips of land for the widening or
opening of streets;
(4) The division of a tract in single ownership whose entire area is no greater
than two acres into not more than three lots, where no street right-of-way
dedication is involved and where the resultant lots are equal to or exceed the
standards of this ordinance;
(5) The division of a tract into plots or lots used as a cemetery.
Toxic Substance. Any substance or combination of substances (including disease
causing agents), which after discharge and upon exposure, ingestion, inhalation, or
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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 (including malfunctions or suppression in reproduction or growth) or
physical deformities in such organisms or their offspring or other adverse health effects.
Variance. A permission to develop or use property granted by the Watershed Review
Board relaxing or waiving a water supply watershed management requirement adopted
by the Environmental Management Commission that is incorporated into this Ordinance.
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 Bladen County
responsible for administration and enforcement of this Ordinance.
Section 602. Word Interpretation
For the purpose of this Ordinance, certain words shall be interpreted as follows:
Words in the present tense include the future tense.
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.
The word "person" included a firm, association, corporation, trust, and company as well
as an individual.
The word "structure" shall included the word "building".
The word "lot" shall include the words, "plot," "parcel," or "tract."
The word "shall" is always mandatory and not merely directory.
The word "will" is always mandatory and not merely directory.
Article 7: Amendment Date
This Ordinance was amended by approval of the Bladen County Board of
Commissioners on the 4th day of August, 1997.
ATTEST:
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Chairman
(Seal)
Clerk
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