Loading...
HomeMy WebLinkAboutWSCO_RAND_WSWP Ordinance_20230621 • »�+ � ARTICLE 800:WATERSHED PROTECTION ORDINANCE ARTICLE 800: WATERSHED PROTECTION ORDINANCE 801 : WATERSHED PROTECTION ORDINANCE A. AUTHORITY AND ENACTMENT The North Carolina General Assembly has, in Chapter 153A, Article 6, Section 121, General Ordinance Making Power; and in Chapter 143, Article 21, Water and Air Resources, delegated the responsibility or directed Randolph County to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Also, NCGS § 160D-926 refers specifically to water supply watershed management. The Randolph County Board of Commissioners does hereby ordain and enact into law the following articles as the Randolph County Watershed Protection Ordinance. B. JURISDICTION The provisions of this Randolph County Watershed Protection Ordinance shall apply within the areas designated as a Water Supply Watershed by the North Carolina Environmental Management Commission and shall be defined and established on a water supply watershed protection map, which is adopted simultaneously herewith. The watershed map and all explanatory matter contained thereon accompanies and is hereby made part of this Randolph County Watershed Protection Ordinance. This Ordinance shall be permanently kept on file in the office of the Clerk to the Randolph County Board of Commissioners. C. EXCEPTIONS TO APPLICABILITY 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 Randolph County; however, the adoption of this Ordinance shall and does amend all ordinances, resolutions, and regulations in effect in Randolph 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. 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. Existing development, as defined in this Ordinance, is not subject to the requirements of this Ordinance. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 308 tel: ., tea ARTICLE 800:WATERSHED PROTECTION ORDINANCE t)79 Expansions to existing development must meet the requirements of this Ordinance, except single-family residential development unless the expansion is a part of the common plan of development. In an expansion, the built-upon area of the existing development is not required to be included in the density calculations. Where there is a net increase of built- upon area, only the area of net increase is subject to this Ordinance. Where existing development is being replaced with a new built-upon area, and there is a net increase of built-upon area, only areas of the net increase shall be subject to this Ordinance. If a nonconforming lot of record is not contiguous to any other lot owned by the same party, then that lot of record shall not be subject to the development restrictions of this Ordinance if it is developed for single-family residential purposes. Randolph County requires the combination of contiguous nonconforming lots of records owned by the same party to establish a lot or lots that meet requirements in Section 802 of this Ordinance. Any lot or parcel created as part of a family subdivision after the effective date of these rules shall be exempt from these rules if it is developed for one single-family detached residence and if it is exempt from local subdivision regulation. Any lot or parcel created as part of any other type of subdivision, that is exempt from the Randolph County Subdivision Ordinance shall be subject to the land use requirements (including impervious surface requirements) of these rules, except that such a lot or parcel must meet the minimum buffer requirements to the maximum extent practicable. D. REPEAL OF EXISTING WATERSHED ORDINANCE This Ordinance in part carries forward by re-enactment, some of the Randolph County Watershed Protection Ordinance adopted by the Randolph County Board of Commissioners on October 7, 1997, and as amended, and it is not the intention to repeal but rather to re-enact and continue in force such existing provisions so that all rights and liabilities that have accrued thereunder are preserved and may be enforced. All provisions of the Randolph County Watershed Ordinance which are not re-enacted herein are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of any ordinance provisions heretofore in effect, which are now pending in any court of this state or of the United States, shall not be abated or abandoned by reason because of the adoption of this Ordinance, but shall be prosecuted to their finality the same as if this Ordinance had not been adopted; and all violations of the existing Randolph County Watershed Protection Ordinance, prosecutions for which have not yet been instituted, may be hereafter filed and prosecuted; and nothing in this Ordinance shall be so construed as to RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 309 jOY.pp., 4 4 i 3 2. i ARTICLE 800:WATERSHED PROTECTION ORDINANCE �jyyt/ abandon, abate or dismiss any litigation or prosecution now pending and/or which may heretofore have been instituted or prosecuted. E. CRIMINAL PENALTIES Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished per NCGS 14-4. The maximum fine for each offense shall not exceed $500.00. Each day that the violation continues shall constitute a separate offense. F. REMEDIES If any subdivision, development, and/or land use is found to violate this Ordinance, the Randolph County Board of Commissioners may, in addition to all other remedies available either in law or in equity, institute a civil penalty of $500.00, action or proceedings to restrain, correct, or abate the violation; to prevent the occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises. Also, the North Carolina Environmental Management Commission may assess civil penalties under NCGS 143-215.6(a). Each day that the violation continues shall constitute a separate offense. 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 the discontinuance of the illegal use of land, buildings, or structures; removal of illegal buildings or structures, or 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. H. 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. I. EFFECTIVE DATE This Ordinance shall take effect and be in force on the date of adoption of the Randolph County Unified Development Ordinance. 802. SUBDIVISION REGULATIONS RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 310 r� ,a, ARTICLE 800:WATERSHED PROTECTION ORDINANCE , ern B. GENERAL PROVISIONS No subdivision plat of land within the Water Supply Watershed shall be filed or recorded by the Randolph County Register of Deeds until it has been approved with the provisions of this Article. Likewise, the Randolph County Clerk of Superior Court shall not order or direct the recording of a plat if the recording of such plat would conflict with this Article. The approval of a plat does not constitute or affect the acceptance by Randolph 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. All subdivisions shall conform to the mapping requirements contained in NCGS 47-30. All subdivisions of land within the jurisdiction of Randolph County after the effective date of this Ordinance shall require a plat to be prepared, approved, and recorded under this Ordinance. C. SUBDIVISION APPLICATION AND REVIEW PROCEDURES All proposed subdivisions shall be reviewed before recording with the Randolph County Register of Deeds by submitting a vicinity map to the Watershed Administrator to determine whether the property is located within the designated 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. 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 unless another stormwater program applies. Subdivisions within the designated watershed area shall comply with the provisions of this Ordinance and all other state and local requirements that may apply. Subdivision applications shall be filed with the Watershed Administrator. The application shall include a completed application form, two copies of the plat, a description of the proposed method of providing stormwater drainage, and supporting documentation deemed necessary by the Watershed Administrator or the Watershed Review Board. The Watershed Administrator shall review the completed application and shall either approve, approve conditionally, or disapprove each application. The Watershed Administrator shall take final action within forty-five days of submission of the application. The Watershed Administrator or the Board may provide public agencies an opportunity to review and make recommendations. However, the failure of the agencies to submit their RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 311 oMir,xa9 4,' H 4 . ARTICLE 800:WATERSHED PROTECTION ORDINANCE comments and recommendations shall not delay action within the prescribed time limit. Said public agencies may include, but are not limited to, the following: (1) The NCDOT district highway engineer concerning proposed streets and highways; (2) The director of Randolph County Public Health concerning the proposed private water system or sewer systems normally approved by Randolph County Public Health; (3) The state Division of Water Resources concerning proposed sewer systems normally approved by the Division; (4) The State Division of Energy, Mineral and Land Resources concerning engineered stormwater controls or stormwater management in general; (5) Randolph County for subdivisions located in the Extraterritorial Jurisdiction of a municipality; (6) Local government entities responsible for proposed sewer and/or water systems; or (7) Any other agency or official designated by the Watershed Administrator or Watershed Review Board. If the Watershed Administrator approves the application, such approval shall be indicated on both copies of the plat by the following certificate and signed by the Watershed Administrator: Certificate of Approval for Recording I certify that the plat shown herein complies with the Randolph County Watershed Protection Ordinance and is approved by the Randolph County Watershed Review Board for recording in the Randolph County Register of Deeds Office. Date Watershed Administrator NOTE: This property is located within a Public Water Supply Watershed. Development restrictions may apply. If the Watershed Administrator disapproves or approves conditionally the application, the reasons for such action shall be stated in writing for the RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 312 M1 Y,M09 4,' H 4 . ARTICLE 800:WATERSHED PROTECTION ORDINANCE applicant and may be entered in the minutes. The subdivider may make changes and submit a revised plan which shall constitute a separate request for review. As a condition for approval, all subdivision plats shall comply with the requirements for recording with the Randolph County Register of Deeds. The plat shall be recorded within thirty days of approval. The Subdivider shall provide the Watershed Administrator with evidence the plat has been recorded with the Randolph County Register of Deeds within five working days. D. SUBDIVISION STANDARDS AND REQUIRED IMPROVEMENTS All lots shall provide adequate building space with the development standards contained in Article 803. Lots that are smaller than the minimum required for residential lots may be developed using built-upon area criteria under Article 803. To calculate the built-upon area, the total project area shall include the total acreage in the tract on which the project is to be developed. The application shall be accompanied by a description of the proposed method of providing stormwater drainage. The subdivider shall provide a drainage system that diverts stormwater runoff away from surface waters, incorporates Stormwater Control Measures to minimize water quality impacts, and meets any local requirements. 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 Division of Land Quality. Where possible, roads should be located outside of critical areas and watershed vegetated conveyance areas. Roads constructed within these areas shall be designed and constructed to minimize their impact on water quality. E. CONSTRUCTION PROCEDURES No construction or installation of improvements shall commence in a proposed subdivision until a subdivision plat has been approved. No building or other permits shall be issued for the erection of a structure on any lot not on record at the time of adoption of this Ordinance until all requirements of this Ordinance have been met. The subdivider, before commencing any work within the subdivision, shall plan with the Watershed Administrator to provide for adequate inspection. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 313 0 ail ARTICLE 800:WATERSHED PROTECTION ORDINANCE --i,i5 E. 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 Randolph County, thereafter subdivides his land in violation of this Ordinance or transfers or sells land by reference to, the 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 Randolph County 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. Randolph County may bring an action for an 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. 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, incorporate Storm Water Control Measures to minimize water quality impacts, and meets Randolph County requirements. 803: ESTABLISHMENT OF WATERSHED AREAS The purpose of this Article is to list and describe the watershed areas herein adopted. For purposes of this Ordinance, Randolph County is hereby divided into the following areas as appropriate. i. Watershed Classification Watershed Type _ WS-I Watershed One WS-II-CA Watershed Two Critical Area WS-II-BW Watershed Two Watershed Area WS-III-CA Watershed Three Critical Area WS-III-BW Watershed Three Watershed Area WS-IV-CA Watershed Four Critical Area WS-IV-PA Watershed Four Protected Area WS-V Watershed Five Table 20: Watershed Area Table For this Ordinance, the following watershed falls into the appropriate classification and allows the stated percent of impervious surface. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 314 ‘141; ARTICLE 800:WATERSHED PROTECTION ORDINANCE PERCENT OF CLASSIFICATION WATERSHED IMPERVIOUS SURFACE (LOW DENSITY) WS-I _ n/a n/a WS-II-CA Back Creek Six percent Cedar Creek Back Creek WS-II-BW Cedar Creek Twelve percent Lake Reese Lake Reese WS-III-CA Polecat Creek Twelve percent Sandy Creek Bear Creek Lake Reese WS-III-BW Polecat Creek Twenty-four percent Rocky River Sandy Creek WS-IV-CA Randleman Lake Six percent Badin Lake WS-IV-PA Big Alamance Lake Twelve percent Randleman Lake WS-V n/a n/a Table 21: Randolph County Watershed Classifications 804: WATERSHED AREAS ALLOWED AND NON-ALLOWED USES The following table lists various allowed and non-allowed uses in the watershed areas of Randolph County. Note that if a use is listed as allowed does not mean that the Randolph County Zoning Ordinance will allow the use without required public hearings. A checkmark indicates that the use is allowed and if the use is blank, the use is not allowed. a m v v a > ACTIVITY/USE N = = - > > U) Agriculture' ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Animal Operations2 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Groundwater remediation project discharges3 ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ Industrial waste ✓4 New industrial connections and expansions to existing municipal discharge with pretreatment program pursuant to ✓ ✓ ✓ 15A NCA 02H .0904 New landfills ✓ ✓ ✓ ✓ New NPDES Individual Permit domestic treated wastewater ✓ ✓ ✓ ✓ discharge New NPDES Individual Permit industrial treated wastewater ✓ ✓ ✓ discharge New permitted petroleum-contaminated soil sites ✓ ✓ ✓ ✓ _ New permitted residual land application ✓ ✓ ✓ ✓ RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 315 3� `I ARTICLE 800:WATERSHED PROTECTION ORDINANCE m y m v a > ACTIVITY/USE Ch ' — = = > >cn f/) Nonpoint Source Pollutions V V V V ✓ Non-process industrial waste ✓ e ✓ Non-residential Development6'' ✓ ✓ ✓ ✓ NPDES General or Individual Stormwater discharges ✓$ ✓ ✓ ✓ ✓ NPDES General Permit Wastewater discharges pursuant to 1/8 V V V ✓ 15A NCAC 02H .0127 NPDES Individual Permit trout farm discharges ✓8 V V V V ✓ Other wastes ✓4 Residential Developments V V V V ✓ Sewage ✓4 Silviculture9 V I V V V V V V V Table 22: Allowed and Non-Allowed Uses Notes to Allowed and Non-Allowed Uses 'In WS-I watershed and Critical Areas of WS-II, WS-Ill, and WS-IV watersheds, agricultural activities conducted after January 1, 1993, shall maintain a minimum 10-foot vegetated setback or equivalent control as determined by SWCC along all perennial waters indicated on more recent versions of USGS 1:24,000 (7.5 minute) topographic maps or as determined by Randolph County studies. 2Deemed permitted, as defined in 15A NCAC 02T .0103 and permitted under 15A NCAC 2H .0217. 3Where no other practical alternative exists. 4Not allowed if activity(ies) has/hurt human health. 5NPS pollution shall not have an adverse impact, as defined in 15A NCAC 02H .1002, an use as water supply or any other designated use. 6See density requirements in 15A NCAC 02B .0624. 'See different allowed and not allowed in this table. 8Permitted pursuant to 15A NCAC 02B .0104. 9Subject to Forest Practice Guidelines Related to Water Quality (02 NCAC 60C .0100 to .0209) effective April 1, 2018. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 316 4omriv_yo* »- �+ ARTICLE 800:WATERSHED PROTECTION ORDINANCE 805: CALCULATION OF PROJECT DENSITY The following requirements shall apply to the calculation of project density. 1. Project density shall be calculated as the total built-upon area divided by the total project area. 2. A project with existing development, as that term is defined in 15A NCAC 02B .0621, may calculate project density as the difference of total built-upon area minus existing built-upon area divided by the difference of total project area minus existing built-upon area. 3. Expansions to existing development shall be subject to 15A NCAC 02B .0624 except as excluded in 15A NCAC 02B .0622 (1) (d). 4. Where there is a net increase of built-upon area, only the area of the net increase shall be subject to 15A NCAC 02B .0624. 5. Where existing development is being replaced with a new built-upon area, and there is a net increase of built-upon area, only the area of the net increase shall be subject to 15A NCAC 02B .0624. 6. The total project area shall exclude the following: a. Areas below the normal high-water line (NHWL); and b. Areas defined as coastal wetlands according to 15A NCAC 07H .0205, herein incorporated by reference, including subsequent amendments and editions, and available at no cost at http://reports.oah.state.nc.us/ncac/, as measured landward from the NWHL. c. Projects under a common plan of development shall be considered as a single project for purposes of density. A. LOW-DENSITY PROJECTS: In addition to complying with the project density requirements of this Ordinance, low-density projects shall comply with the following: 1. Stormwater runoff from the project shall be released to vegetative areas as dispersed flow or transported by vegetated conveyances to the maximum extent practicable. In determining whether this criteria has been met, Randolph County shall consider site-specific factors such as topography and site layout as well as protection of water quality. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 317 M1 Y,M09 4,' H 4 . ARTICLE 800:WATERSHED PROTECTION ORDINANCE Vegetated conveyances that meet the following criteria shall be deemed to satisfy the requirements of this sub-item: a. Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless it is demonstrated to Randolph County that the soils and vegetation will remain stable in perpetuity based on engineering calculations and on-site soil investigation; and b. The conveyance shall be designed so that it does not erode during the peak flow from the ten-year storm event as demonstrated by engineering calculations. 2. In place of vegetated conveyances, low-density projects shall have the option to use curb and gutters with outlets to convey stormwater to grassed swales or vegetated areas. Requirements for these curb outlet systems shall be as follows: a. The curb outlets shall be located such that the swale of a vegetated area can carry the peak flow from the ten-year storm at a non-erosive velocity; b. The longitudinal slope of the swale or vegetated area shall not exceed five percent except where not practical due to physical constraints. In these cases, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery shall be provided; c. The swale's cross-section shall be trapezoidal with a minimum bottom width of two feet; d. The side slopes of the swale or vegetated area shall be no steeper than 3:1 (horizontal to vertical); e. The minimum length of the swale or vegetated area shall be one-hundred feet; and f. Low-density projects may use treatment swales designed under 15A NCAC 02H .1016 instead RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 318 ARTICLE 800:WATERSHED PROTECTION ORDINANCE '77% of the requirements specified in sub-items (a) through (e) above. B. OPTIONS FOR IMPLEMENTING PROJECT DENSITY: Randolph County has the following options in place of or in addition to the requirements of the above sections as appropriate. 1. Randolph County may allow only low-density development in the water supply watershed areas under this Ordinance. 2. Randolph County may regulate low-density single-family detached residential development using the minimum lot size requirements, dwelling unit per acre requirements, built-upon area percentages, or some combinations of these. 3. Outside of WS-I watersheds and the critical areas of WS-II, WS-III, and WS-IV watersheds, Randolph County may regulate new development under the 10/70 Option under the following requirements: a. A maximum of ten percent of the land area of a water supply watershed outside of the critical area and within Randolph County's planning jurisdiction may be developed with new development projects and expansions of an existing development of up to seventy percent built-upon area. b. In the water supply watershed classified on or before August 3, 1992, the beginning amount of acreage available under this option shall be based on Randolph County's jurisdiction as delineated on July 1, 1993. In water supply watersheds classified after August 3, 1992, the beginning amount of acreage available under this option shall be based on Randolph County's jurisdiction as delineated on the date the water supply watershed classification became effective. The average within the critical area shall not be counted under the 10/70 Option acreage; c. Projects that are covered under the 10/70 Option shall comply with the low-density requirements outlined in Low-Density Project above; RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 319 om+R...rvi ARTICLE 800:WATERSHED PROTECTION ORDINANCE d. The maximum built-upon area allowed on any given new development project shall be seventy percent; e. Randolph County having jurisdiction within a designated water supply watershed may transfer, in whole or in part, its right to the 10/70 land area to another local government within the same water supply watershed upon submittal of a joint resolution and approval by the Environmental Management Commission; and f. When the water supply watershed is composed of public lands, such as National Forest land, Randolph County may count the public land acreage within the watershed outside of the critical area in calculating the acreage allowed under this provision. 4. New development shall meet the development requirements on a project-by-project basis except Randolph County may submit ordinances that use density or built-upon area criteria averaged throughout Randolph County's watershed jurisdiction instead of on a project-by-project basis within the watershed. Before approval of the ordinance, Randolph County shall demonstrate to the Environmental Management Commission that the provisions as averaged meet or exceed the statewide minimum requirements and that a mechanism exists to ensure the planned distribution of development potential throughout Randolph County's jurisdiction within the watershed. 5. Randolph County may administer oversight of future development activities in single-family detached residential developments that exceed the applicable low-density requirements by tracking dwelling units rather than percentage built-upon area, as long as the SCM is sized to capture and treat runoff from (i) all pervious and built-upon surfaces shown on the development plan and (ii) any off-site drainage from pervious and built-upon surfaces, and when an additional safety factor of fifteen percent of the built-upon area of the project site if figured in. 806: DENSITY AVERAGING RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 320 M1 Y,M09 4,' H ARTICLE 800: WATERSHED PROTECTION ORDINANCE An applicant may average development density on up to two noncontiguous properties for purposes of achieving compliance with the water supply watershed development standards if all the following circumstances exist: 1. The properties are within the same water supply watershed. If one of the properties is in the critical area of the watershed, the critical area property shall not be developed beyond the applicable density requirements for its classification. 2. Overall project density meets applicable density or stormwater control requirements under 15A NCAC 2N .0200. 3. Vegetated setbacks on both properties meet the minimum statewide water supply watershed protection requirements. 4. Built-upon areas are designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas and maximize the flow length through vegetated areas. 5. Areas of concentrated density development are in upland areas and, to the maximum extent practicable, away from surface waters and drainage ways. 6. The property or portions of the properties that are not being developed will remain in a vegetated or natural state and will be managed by a homeowners' association as a common area, conveyed to Randolph County as a park or greenway, or placed under a permanent conservation or farmland preservation easement unless it can be demonstrated that Randolph County can ensure long-term compliance through deed restrictions and an electronic permitting mechanism. A metes and bounds description of the area to remain vegetated and limits on use shall be recorded on the subdivision plat, in homeowners' covenants, and on the individual deed and shall be irrevocable. 7. Development permitted under density averaging and meeting applicable low-density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable. 8. A Special Use Permit or other such permit or certificate shall be obtained from the Randolph County Watershed Review Board or the Randolph County Zoning Board of Adjustment to ensure that both properties considered together meet the standards of this Ordinance and that potential owners have a record of how the watershed regulations were applied to the properties. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 321 •'4�- �� ARTICLE 800:WATERSHED PROTECTION ORDINANCE '79 807: WS-I WATERSHED AREAS The intent is to provide maximum protection for water supplies with the natural and undeveloped watershed in public ownership by allowing only low-intensity uses. No residential or non-residential uses area allowed except those listed below depending on County zoning regulations. Impacts from non-point source pollution shall be minimized. A. ALLOWED USES: 1. Agricultural subject to the provisions of the Food Security Acts of 1985 and the Food, Agricultural, Conservation, and Trade Act of 1990 and all rules and regulations of the Soil and Water Conversation Commission. 2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality, 15 NCAC 11.6101-.0209. 3. Water withdrawal, treatment, and distribution facilities. 4. Restricted road access. 5. Power transmission lines. B. DENSITY AND BUILT-UPON AREA LIMITS DO NOT APPLY. 808: WS-II WATERSHED AREAS — CRITICAL AREA (WS-II-CA) To maintain a predominately undeveloped land-use intensity pattern, single-family residential uses shall be allowed at a maximum of one dwelling unit per two acres. All other residential and non-residential developments shall be allowed at a maximum of six percent built-upon area. New residual application sites and landfills are specifically prohibited. A. ALLOWED USES: 1. Agricultural subject to the provisions of the Food Security Acts of 1985 and the Food, Agricultural, Conservation, and Trade Act of 1990 and all rules and regulations of the Soil and Water Conversation Commission. 2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality, 15 NCAC 11.6101-.0209. 3. Residential development. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 322 4g4 - ARTICLE 800:WATERSHED PROTECTION ORDINANCE 4. Non-residential development, excluding (i) landfills and (ii) sites for land application of residuals or petroleum contaminated soils. B. DENSITY AND BUILT-UPON LIMITS: 1. Single Family Residential: Development shall not exceed one dwelling unit per two acres on a project-by-project basis. No residential lot shall be less than two acres (80,000 sq. ft. excluding roadway right-of-way), except within an approved cluster development. 2. All Other Residential and Non-Residential: Development shall not exceed six percent built-upon area on a project-by-project basis. To calculate the built-upon area, the total project area shall include total acreage in the tract on which the project is to be developed. 809: WS-II WATERSHED AREAS - BALANCE WATERSHED (WS-II- BW) To maintain predominantly undeveloped land-use intensity, single-family residential uses shall be allowed at a maximum of one dwell per acre. All other residential and nonresidential development shall be allowed a maximum of twelve percent built-upon area. Also, new development may occupy ten percent of the watershed area outside the critical area, with seventy percent built-upon when authorized as a Special Intensity Allocation (SIA). The Watershed Administrator is authorized to approve SIAs consistent with the provisions of this Ordinance. The project must, to the maximum extent practicable, minimum built-upon surface area, direct stormwater away from surface waters, and incorporate Best Management Practices to minimize water quality impacts. Non-discharging landfills and residual application sites are allowed if allowed by County zoning regulations. A. ALLOWED USES: 1. Agricultural subject to the provisions of the Food Security Acts of 1985 and the Food, Agricultural, Conservation, and Trade Act of 1990 and all rules and regulations of the Soil and Water Conversation Commission. 2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality, 15 NCAC 11.6101-.0209. 3. Residential development. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 323 `� ( ARTICLE 800:WATERSHED PROTECTION ORDINANCE 4. Non-residential development, excluding discharging landfills. B. DENSITY AND BUILT-UPON LIMITS: 1. Single Family Residential: Development shall not exceed one dwelling unit per acre on a project-by-project basis. No residential lot shall be less than one acre (or 40,000 square feet excluding roadway right-of-way), except within an approved cluster development. 2. All Other Residential and Non-Residential: Development shall not exceed twelve percent built-upon area on a project-by- project basis except that up to ten percent of the balance of the watershed may be developed at up to seventy percent built-upon area on a project-by-project basis. To calculate the built-upon area, the total project area shall include total acreage in the tract on which the project is to be developed. R1(1• WS-III WATFRSI-IFID AREAS — CRITIr AI AREAS (WS-III-CA) To maintain low to moderate land-use intensity, single-family residential uses are allowed at a maximum of one dwelling unit per two acres. All other residential and non-residential development shall be allowed at a maximum of twelve percent built-upon area. New residual application sites and landfills are specifically prohibited. ALLOWED USES: 1. Agricultural subject to the provisions of the Food Security Acts of 1985 and the Food, Agricultural, Conservation, and Trade Act of 1990 and all rules and regulations of the Soil and Water Conversation Commission. 2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality, 15 NCAC 11.6101-.0209. 3. Residential development. 4. Non-residential development, excluding (i) landfills and (ii) sites for land application of residuals or petroleum contaminated soils. B. DENSITY AND BUILT-UPON LIMITS: 1. Single Family Residential: Development shall not exceed one dwelling unit per two acres on a project-by-project basis. No residential lot shall be less than two acres (80,000 square feet excluding roadway right-of-way), except within an approved cluster development. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 324 om*�r-'Qsr o _ s ARTICLE 800:WATERSHED PROTECTION ORDINANCE 2. All Other Residential and Non-Residential: Development shall not exceed twelve percent built-upon on a project-by-project basis. To calculate the built-upon area, the total project area shall include total acreage in the tract on which the project is to be developed. 811 : WS-III WATERSHED AREAS — BALANCE WATERSHED (WS-III- BW) To maintain a low to moderate land-use intensity, single-family detached uses shall develop at a maximum of one dwelling unit per acre. All other residential and non- residential development shall be allowed at a maximum of twenty-four percent built-upon area. Also, new development and expansions to existing development may occupy ten percent of the balance of the watershed area with up to seventy percent built-upon area when approved as a Special Intensity Allocation (SIA). The Watershed Administrator is authorized to approve SlAs consistent with the provisions of this Ordinance. Projects must, to the maximum extent practicable, minimize built-upon surface area, direct stormwater away from surface waters, and incorporate Best Management Practices to minimize water quality impacts. Non-discharging landfills and residual application sites are allowed if allowed by County zoning regulations. A. ALLOWED USES: 1. Agricultural subject to the provisions of the Food Security Acts of 1985 and the Food, Agricultural, Conservation, and Trade Act of 1990 and all rules and regulations of the Soil and Water Conversation Commission. 2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality, 15 NCAC 11.6101-.0209. 3. Residential development. 4. Non-residential development excluding discharging landfills. B. DENSITY AND BUILT-UPON LIMITS: 1. Single Family Residential: Development shall not exceed one dwelling united per acre, as defined on a project-by-project basis. No residential lot shall be less than one acre (or 40,000 square feet excluding roadway right-of-way), except within an approved cluster development. 2. All Other Residential and Non-Residential: Development shall not exceed twelve percent built-upon area on a project-by- project basis except that up to ten percent of the balance of RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 325 0%d, e IINa e ARTICLE 800:WATERSHED PROTECTION ORDINANCE the watershed may be developed with new development and expansions to existing development up at to seventy percent built-upon area on a project-by-project basis. To calculate the built-upon area, the total project area shall include total acreage in the tract on which the project is to be developed. 812: WS-IV WATERSHED AREAS - CRITICAL AREAS (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 a WS-IV watershed. To address a moderate to high land-use intensity pattern, single-family residential uses are allowed at a maximum of one dwelling unit per two acres. All other residential and non-residential development shall be allowed at a maximum of six percent built-upon area. New residual application sites and landfills are specifically prohibited. A. ALLOWED USES: 1. Agricultural subject to the provisions of the Food Security Acts of 1985 and the Food, Agricultural, Conservation, and Trade Act of 1990 and all rules and regulations of the Soil and Water Conversation Commission. 2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality, 15 NCAC 11.6101-.0209. 3. Residential development. 4. Non-residential development excluding (i) landfills and (ii) sites for land application of residuals or petroleum contaminated soils. B. DENSITY AND BUILT-UPON LIMITS: 1. Single-Family Residential: Development shall not exceed one dwelling unit per two acres on a project-by-project basis. No residential lot shall be less than two acres (80,000 square feet excluding road right-of-way), except with an approved cluster development. 2. All Other Residential and Non-Residential: Development shall not exceed six percent built-upon area on a project-by-project basis. To calculate the built-upon area, the total project area shall include the total acreage in the tract on which the parcel is to be developed. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 326 Y_0p�6 - �• � : ARTICLE 800:WATERSHED PROTECTION ORDINANCE rns 813: 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. To accommodate moderate to high land-use intensity, single-family residential uses shall develop at a maximum of one dwelling unit per acre. All other residential and non-residential development shall be allowed at a maximum of twelve percent built-upon area. A maximum of one dwelling unit per acre or twelve percent built-upon area is allowed for projects without a curb and getter street system. A. ALLOWED USES: 1. Agricultural subject to the provisions of the Food Security Acts of 1985 and the Food, Agricultural, Conservation, and Trade Act of 1990 and all rules and regulations of the Soil and Water Conversation Commission. 2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality, 15 NCAC 11.6101-.0209. 3. Residential development. 4. Non-residential development. B. DENSITY AND BUILT-UPON LIMITS: 1. Single-Family Residential: Development shall not exceed one dwelling per acre, as defined on a project-by-project basis. No residential lot shall be less than one acre (40,000 square feet excluding roadway right-of-way), except within an approved cluster development. 2. All Other Residential and Non-Residential: Development shall not exceed twelve percent built-upon area on a project-by- project basis. To calculate the built-upon area, the total project area shall include acreage in the tract on which the project is to be developed. 3. In addition to the development allowed under item one and two above, new development and expansions to existing development may occupy up to ten percent of the projected area with up to seventy percent built-upon area on a project- by-project basis, when approved as a special intensity allocation (SIA). The Watershed Administrator is authorized to approve SIAs consistent with the provisions of this Ordinance. The project must, to the maximum extent practicable, minimize built-upon surface area, direct stormwater away RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 327 • »�+ � ARTICLE 800:WATERSHED PROTECTION ORDINANCE from surface waters, and incorporate Best Management Practices to minimize water quality impacts. To calculate built- upon area, total project acre shall include total acreage in the tract on which the project is to be developed. 814: RANDLEMAN LAKE WATERSHED RIPARIAN BUFFERS Under 15A NCAC 02B .0724 (the Rule), the protection of the pollutant removal and other water quality services provided by riparian buffers throughout the watershed is an important element of the overall Randleman Lake water supply pollutant strategy. The following is the management strategy for maintaining and protecting riparian areas in the Randleman Lake Watershed. A. PURPOSE The purposes of this rule shall be for local governments listed in the Rule, and in certain cases stated in this Rule the Division, to maintain and protect existing riparian buffers throughout the Randleman Lake Watershed as generally described in this Rule, to maintain their nutrient removal and stream protection functions. Additionally, this Rule will help protect the water supply uses of Randleman Lake and designated water supplies throughout the Randleman Lake Watershed. Terms used in this Rule shall be defined in Rule .0610 of 15A NCAC 02B. B. APPLICABILITY This Rule shall apply to landowners and other persons including Randolph County, State, and federal entities conducting activities within the riparian buffers as described in Item (C) of this Rule in the Randleman Lake Watershed. C. BUFFERS PROTECTED The following minimum criteria shall be used for identifying regulated riparian buffers: (1) Surface water shall be subject to this Rule if the feature is approximately shown on any of the following references, or if there is other site-specific evidence that indicated to the Authority the presence of waters not shown on any of these references: (a) The United State Geological Survey's National Map, available online at https://www.usgs.gov/core-science- systems/national-geospatial-program/national- map; RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 328 `Orton.#4. ARTICLE 800:WATERSHED PROTECTION ORDINANCE 1)79 (b) The most recent version of the published manuscript of the soil survey map that shows stream layers prepared by the Natural Resource Conservation Service of the United States Department of Agriculture; or (c) Other maps approved by the North Carolina Environmental Management Commission as more accurate than those identified in Sub-item (C) (1) (a) and (C) (1) (b) of the Rule. Other maps shall use a hydrography dataset developed using hydrography specifications and standard metadata approved by the Geographic Information Coordinating Council (GICC) and maintained on a GICC list of the best available hydrography. Edits, deletions, and additions to the hydrography dataset shall follow GICC-approved standards and specifications, per stewardship governance. Other maps shall have their hydrography dataset and procedures for edits, deletions, and additions reviewed and approved by the GICC. Other maps shall be submitted to the Division for review and recommendation to the North Carolina Environmental Management Commission. Before recommendation to the North Carolina Environmental Management Commission, the Division shall issue a thirty-day public notice through the Division's mailing list under 15A NCAC 02H .0503. Division staff shall present recommendations including comments received during the public notice period to the North Carolina Environmental Management Commission for a final decision. Maps approved under this sub-item shall not apply to projects that are existing and ongoing within the meaning of this Rule as set out in Item (F) of this Rule; (2) This Rule shall apply to activities conducted within fifty-foot- wide riparian buffers directly adjacent to surface waters in the Randleman Lake Watershed (e.g., intermittent, and perennial streams, lakes, reservoirs, and ponds) excluding wetlands; (3) Wetlands adjacent to surface waters or within fifty feet of surface waters shall be considered as part of the riparian buffer but are regulated under 15A NCAC 02H .0506; RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 329 amr!_0�, o , s echo.a"' � . o ARTICLE 800:WATERSHED PROTECTION ORDINANCE 177% (4) Stormwater runoff from activities conducted outside the riparian buffer shall comply with Item (I) of this Rule; (5) Riparian buffers protected by this Rule shall be measured under Item (H) of this Rule; (6) A riparian buffer may be exempt from this Rule as described in Items (E), (F), and (G) of this Rule; and (7) No new clearing, grading, or development shall take place, nor shall any new building permits be issued in violation of this Rule. D. ON-SITE DETERMINATION When a landowner or other affect part believes that the maps listed in Sub- Item (C) (1) of this Rule have inaccurately depicted surface waters or the specific origination point of a stream, or the specific origination point of the steam is in question or unclear, he or she shall request the Authority to make an on-site determination. On-site determinations shall be made by Authority staff that is certified under NCGS 143-214.25A. Registered Foresters under Chapter 98B of the General Statutes who are employees of the North Carolina Forest Service of the Department of Agriculture and Consumer Services can make on-site determinations for forest harvesting operations and practices. Randolph County may accept the results of an on-site determination made by other parties who have completed the Division's Surface Water Identification Training Certification course, its successor, or other equivalent training curriculum approved by the Division. On-site determinations shall expire five years from the date of the determination. Any disputes over on-site determinations shall be referred to the Director in writing within sixty calendar days of written notification from the Authority. The Director's determination is subject to review as provided in NCGS 150B Articles 3 and 4. E. EXEMPTION BASED ON ON-SITE DETERMINATION Surface waters that appear on the maps listed in Sub-Item (C) (1) of this Rule shall not be subject to this Rule if an on-site determination shows that they fall into one of the following categories: (1) Ditches and manmade conveyances include manmade stormwater conveyances, other than modified natural streams unless the ditch or manmade conveyance delivers untreated stormwater runoff from an adjacent source directly to an intermittent or perennial stream; (2) The absence on the ground of a corresponding perennial waterbody, intermittent water body, lake, reservoir, or pond; RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 330 ARTICLE 800:WATERSHED PROTECTION ORDINANCE t)79 (3) Ephemeral streams; and (4) Manmade ponds and lakes that are not fed by an intermittent or perennial stream or do not have a direct discharge point to an intermittent or perineal stream. F. EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING This Rule shall not apply to portions of the riparian buffer where its use is existing and ongoing. (1) The use shall be considered existing and ongoing if: (a) It was present within the riparian buffer as of the effective date of the local ordinance or ordinances enforcing this Rule and has continued to exist since that time. For activities listed in Sub-Item (L) (2) of this Rule, the use shall be considered existing and ongoing if it was present within the riparian buffer as of April 1, 1999, and has continued to exist since that time; (b) It was a deemed allowable activity as listed in Item (K) of this Rule; or (c) It was conducted and maintained according to an Authorization Certificate or Variance issued by the Authority; or (d) The project or proposed development is determined by the Authority to meet at least one of the following criteria: (i) The project requires a 401 Certification/404 Permit, and these were issued before the effective date of the local ordinance or ordinances enforcing this Rule, or for activities listed in Sub-Item (L) (2) of this Rule, before April 1, 1991, and are still valid; or (ii) Projects that require a State permit, such as landfills, NPDES wastewater discharges, land RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 331 - +, ARTICLE 800:WATERSHED PROTECTION ORDINANCE rn% application of residuals, and road construction activities, and have begun construction or are under contract to begin construction, and have received all required State permits and certifications before the effective date of the local ordinance or ordinances implementing this Rule, or for activities listed in Sub-Item (L) (2) of this Rule, before April 1, 1999; or (iii) Projects that are being reviewed through the Clean Water Act Section 404/National Environmental Policy Act Merge 01 Process (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor and that have reached an agreement with the Department on avoidance and minimization before April 1 , 1999; or (iv) Projects that are not required to be reviewed by the Clean Water Act Section 404/National Environmental Policy Act Merge 01 Process (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor if a Finding of No Significant Impact has been issued for the project and the project has the written approval of the Division before April 1 , 1999. (2) Existing and ongoing uses shall include, but not be limited to, agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns (e.g., can be mowed without a chainsaw or bush-hog), existing utility line maintenance corridors, and on-site sanitary sewage systems, any of which involve either specific, periodic management of RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 332 amr!_0�, o , s echo.a"' � . o ARTICLE 800: WATERSHED PROTECTION ORDINANCE 177% vegetation or displacement of vegetation by structures or regular activity. (3) Only the portion of the riparian buffer that contains the footprint of the existing and ongoing use is exempt from this Rule. (4) Change of ownership through purchase or inheritance is not a change of use. (5) Activities necessary to maintain existing and ongoing uses are allowed provided that the site remains similarly vegetated, no built upon area is added within the riparian buffer where it did not previously exist before the effective date of the local ordinance or ordinances enforcing this Rule, or for activities listed in Sub-Item (L) (2) before April 1, 19991, and the site complies with Item (I) of this Rule. (6) This Rule shall apply at the time an existing and ongoing use is changed to another use. Change of use shall involve the initiation of any activity not defined as existing and ongoing in Sub-Items (F) (5) of this Rule. G. EXEMPTION FOR PONDS CONSTRUCTED AND USED FOR AGRICULTURAL PURPOSES This Rule shall not apply to a freshwater pond if all the following conditions are met: (1) The property on which the pond is located is used for agriculture as that term is defined in NCGS § 160-581.1; (2) Except for this Rule, the use of the property complies with all other water quality and water quantity statutes and rules applicable to the property before April 1, 1999; and (3) The pond is not a component of an animal waste management system as defined in NCGS § 143-215.10B (3). H. ZONES OF THE RIPARIAN BUFFER The protected riparian buffer shall have two zones as follows: (1) Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Items (I) and (L) of this Rule. The location of Zone 1 shall be as follows: RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 333 M1 Y,M09 4,' H 4 . ARTICLE 800:WATERSHED PROTECTION ORDINANCE (a) For intermittent and perennial streams, Zone I shall begin at the most landward limit of the top of the bank or the rooted herbaceous vegetation and extend landward a distance of thirty feet on all sides of the stream. Where an intermittent or perennial stream begins or ends, including when it goes underground, enters, or exits a culvert, or enters or exits a wetland, the required distance shall be measured as a radius around the beginning or the end; and (b) For ponds, lakes, and reservoirs subject to this Rule, Zone 1 shall begin at the normal water level and extend landward to thirty feet, measured horizontally on a line perpendicular to the surface water. (2) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for uses provided for in Items (I) and (L) of this Rule. Grading and revegetating Zone 2 is allowed provided that the height of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the edge of Zone 1 and extend landward twenty feet as measured horizontally on a line perpendicular to the surface water. The combined width of Zone 1 and Zone 2 shall be fifty feet on all sides of the surface water. STORMWATER RUNOFF THROUGH THE RIPARIAN BUFFER Stormwater runoff into the riparian buffer shall meet dispersed flow as defined in 15A NCAC 02H .1002 except as otherwise described in this Item. Drainage conveyances include drainage ditches, roadside ditches, and stormwater conveyances. The following stormwater conveyances through the riparian buffer are either deemed allowable or allowable upon authorization, as defined in Sub-Item (J) (1) of this Rule, providing that they do not erode through the riparian buffer that is not listed below shall be allowable with exception as defined in Sub-Item (J) (5) of this Rule. (1) The following are deemed allowable as defined in Sub-Item (J) (1) of this Rule: (a) New drainage conveyances from a Primary SCM, as defined in 15A NCAC 02H .1002, when the Primary SCM is designed to treat the drainage area to the conveyance and that comply with a stormwater management plan reviewed and approved under a State RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 334 o�r,ir,xa9 4; ry 4 . 6C f., ARTICLE 800:WATERSHED PROTECTION ORDINANCE stormwater program or a State-approved local government stormwater program; and (b) New stormwater flow to existing drainage conveyances provided that the addition of new flow does not result in the need to alter the conveyance. (2) The following are allowable upon authorization as defined in Sub-Item (J) (3) of this Rule: (a) New drainage conveyances from a Primary SCM, as defined in 15A NCAC 02H .1002 when the Primary SCM is provided to treat the drainage area to the conveyance but are not required to be approved under a State stormwater program or a State-approved local government program; (b) New drainage conveyances when the flow rate of the conveyance is less than 0.50 cubic feet per second during the peak flow from the 0.75 inches per hour storm; (c) New stormwater runoff that has been treated through a level spreader-filter strip that complies with 15A NCAC 02H .0159; (d) Realignment of existing roadside drainage conveyances applicable to publicly funded and maintained linear transportation facilities when retaining or improving and design dimensions provided that no additional travel lanes are added, and the minimum required roadway typical section is used based on traffic and safety considerations; (e) Realignment of existing drainage conveyances retaining or improving the design dimensions provided that the size of the drainage area and the percent built-upon area within the drainage area remain the same; (f) New or altered drainage conveyances applicable to publicly funded and maintained linear transportation facilities provided that RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 335 M1 Y,M09 4,' H ARTICLE 800:WATERSHED PROTECTION ORDINANCE SCMs, or BMPs from the NCDOT Stormwater Best Management Practices Toolbox, are employed; (g) New drainage conveyances applicable to publicly funded and maintained linear transportation facilities that do not provide a stormwater management facility due to topography constraints provided other measures and employed to protect downstream water quality to the maximum extent practical; and; (h) New drainage conveyances where the drainage area to the conveyance has no new built-upon area as defined in 15A NCAC 02H .1002 and the conveyance is necessary for bypass or existing drainage only. Uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the authorization, allowable with mitigation upon authorization, or prohibited. Potential new uses shall have the following requirements: DEEMED ALLOWABLE Uses designated or deemed allowable in Sub-Item (I) (1) and Item (K) of this rule may occur within the riparian buffer. Deemed allowable uses shall be designed, constructed, and maintained to minimize vegetation and soil disturbance and to provide the maximum water quality protection practicable, including construction, monitoring, and maintenance activities. Also, deemed allowable uses shall meet requirements listed in Item (K) of this Rule for the specific use. (2) ALLOWABLE UPON AUTHORIZATION Uses designated as allowable upon authorization in Sub-Item (I) (2) and Item (K) of this Rule require a written Authorization Certificate from the Authority for impacts within the riparian buffer if there are no practical alternatives to the requested use according to Rule .0611 of this Subchapter. (3) ALLOWABLE WITH MITIGATION UPON AUTHORIZATION Uses designated as allowable with mitigation upon authorization in Item (K) of this Rule require a written Authorization Certificate from the Authority for impacts within RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 336 tea ARTICLE 800:WATERSHED PROTECTION ORDINANCE t)79 the riparian buffer according to Rule .0611 of this Subchapter and in appropriate mitigation strategy has received written approval under Item (L) of this rule. (4) PROHIBITED Uses designated as prohibited in Item (K) of this Rule may not proceed within the riparian buffer unless a Variance is granted under Rule .0226 of this Subchapter. Mitigation may be required as a condition of a variance approved. (5) ALLOWABLE WITH EXCEPTION Uses not designated as deemed allowable, allowable under an authorization, allowable with mitigation under authorization or prohibited in Item (K) of this Rule requires a written Authorization Certificate with Exception from the Authority for impacts within the riparian buffer according to Rule .0611 of this Subchapter and an appropriate mitigation strategy that has received written approval according to Item (L) of this Rule. K. TABLE OF USES The following table sets out potential new uses within the riparian buffer, or outside the riparian buffer with hydrological impacts on the riparian buffer, and designates them as deemed allowable, allowable upon authorization, allowable with mitigation upon authorization, or prohibited. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 337 amriv_14 o , s -• p ARTICLE 800:WATERSHED PROTECTION ORDINANCE 177% ALLOWABLE ALLOWABLE WITH ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION Airport facilities: • Airport facilities that impact equal to or less than one- ✓ third of an acre of riparian buffer. • Airport facilities that impact greater than one-third of an ✓ acre of riparian buffer. • Vegetation removal activities necessary to comply with FAA requirements (e.g., line of ✓ sight requirements)provided the disturbed areas are stabilized and revegetated. Archaeological activities: ✓ Bridges: • Impact equal to or less than one-tenth of an acre of ✓ riparian buffer. • Impact greater than one- tenth of an acre of riparian ✓ buffer. Dam maintenance activities: • Dam maintenance activities that do not cause additional riparian buffer disturbances ✓ beyond the footprint of the existing dam. • Dam maintenance activities that do cause additional riparian buffer disturbances ✓ beyond the footprint of the existing dam. Drainage of a pond subject to Item (D) of this Rule provided that a new riparian buffer is established by natural regeneration or planting, within fifty feet of any stream which naturally forms or is constructed within the drained pond area. Drained ✓ ponds shall be allowed to naturalize for a minimum of six months from completion of the draining activity before a stream determination is conducted under Item (D) of this Rule. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 338 amriv_14 o , s -• p ARTICLE 800:WATERSHED PROTECTION ORDINANCE 177% ALLOWABLE ALLOWABLE WITH ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION Fences: • Fencing livestock out of ✓ surface waters. • Installation does not result in the removal of trees from ✓ Zone 1. • Installation results in the ✓ removal of trees from Zone 1. Fertilizer application: • One-time fertilizer application at agronomic rates in the riparian buffer to establish replanted vegetation. No ✓ runoff from this one-time application in the riparian buffer is allowed in the surface water. • Ongoing fertilizer application. ✓ Forest harvesting (See Rule .0612 of this Subchapter) Grading in only Zone 2 provided that the health of existing vegetation in Zone 1 is not compromised, Item (I) ✓ of this Rule is complied with, and disturbed areas are stabilized and revegetated. Greenways, trails, sidewalks, or linear pedestrian/bicycle transportation systems: • In Zone 2 provided that no built-upon area is added ✓ within the riparian buffer. • In Zone 1 provided that no built-upon area is added within the riparian buffer and ✓ the installation does not result in the removal of tree(s). • When built upon area is added to the riparian buffer, equal to or less than ten feet wide with two-foot-wide ✓ shoulders. Shall be located outside Zone 1 unless there is no practical alternative. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 339 ARTICLE 800:WATERSHED PROTECTION ORDINANCE ALLOWABLE ALLOWABLE WITH USE ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION • When built upon area is added to the riparian buffer, greater than ten feet wide with two-foot-wide shoulders. ✓ Shall be located outside Zone 1 unless there is no practical alternative. Historic preservation: ✓ New landfills as defined in NCGS § ✓ 130A-290. Maintenance access of modified natural streams; a grassed travel way on one side of the waterbody when less impacting alternatives are not practical. The width and ✓ specifications of the travel way shall be only that needed for equipment access and operation. The travel way shall be located to maximize stream shading. Mining activities: • Mining activities that are covered by the Mining Act provided that new riparian buffers that meet the ✓ requirements of Items (H) and (I) of this Rule are established adjacent to any relocated channels. • Mining activities that are not covered by the Mining Act OR where new riparian buffers that meet the ✓ requirements of Items (H) and (I) of this Rule are not established. • Wastewater or mining dewatering wells with ✓ approved NPDES permit. Pedestrian access trail and associated steps leading to surface water, dock, canoe or kayak access, fishing pier, boat ramp, or other water-dependent structure: RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 340 r� ARTICLE 800:WATERSHED PROTECTION ORDINANCE mt ALLOWABLE ALLOWABLE WITH USE ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION • Equal to are less than six feet wide that does not result in the removal of tree(s) within the riparian buffer and does ✓ not result in the addition of built-upon area to the riparian buffer. • Equal to or less than six feet wide that results in the removal of tree(s) or the ✓ addition built upon area to the riparian buffer. • Greater than six feet wide. ✓ Playground equipment: • Playground equipment on single-family lots if installation and use does not ✓ result in the removal of vegetation. • Playground equipment on single-family lots where ✓ installation or use results in the removal of vegetation. • Playground equipment installed on lands other than ✓ single-family lots. Ponds created or modified by impounding streams subject to riparian buffers under Item (C) of this Rule and not used as stormwater control measures (SCMs): • New ponds provided that a riparian buffer that meets the requirements of Items (H) ✓ and (I) of this Rule is established adjacent to the pond. • New ponds where a riparian buffer that meets the requirements of Items (H) ✓ and (I) of this Rule is NOT established adjacent to the pond. Protection of existing structures and facilities when this requires ✓ additional disturbances of the riparian buffer. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 341 ARTICLE 800:WATERSHED PROTECTION ORDINANCE ALLOWABLE ALLOWABLE WITH USE ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION Public safety or publicly owned spaces where it has been determined by the head of the local law enforcement agency with jurisdiction over that area that the buffers pose a risk to public safety. The head of the local law ✓ enforcement agency shall notify Randolph County with land use jurisdiction over the publicly owned space and the Division of Water Resources of any such determination in writing. Removal of previous fill or debris if Item (I) of this Rule is complied with ✓ and any vegetation removed is restored. Residential properties: Where the application of this Rule would preclude construction of a single- family residence and necessary infrastructure, the single-family residence may encroach in the riparian buffer if all of the following conditions are met: (1) the residence is set back the maximum feasible distance from the top of the bank, rooted herbaceous vegetation, normal high-water level, or normal water level, whichever is applicable, on the existing lot; (2)the residence is designed to minimize encroachment into the riparian buffer; (3) the residence complies with Item (I) of this Rule; and (4) if the residence will be served by an on-site wastewater system, no part of the septic system or drain field may encroach into the riparian buffer. • The residence or necessary infrastructure only impacts ✓ Zone 2. • The residence or necessary infrastructure impacts Zone ✓ 1. • Impacts other than the residence or necessary ✓ infrastructure. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 342 000/1 ARTICLE 800:WATERSHED PROTECTION ORDINANCE 4 sr ALLOWABLE ALLOWABLE WITH USE ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION Restoration or enhancement (wetland, stream) as defined in 33 CFR Part 332 available free of charge on the Internet.' • Wetland or stream restoration is part of a compensatory mitigation ✓ bank, nutrient offset bank, or the In-Lieu Fee Program. • Wetland or stream restoration other than those ✓ listed above. Road, driveway, or railroad: perpendicular crossings of streams and other surface waters subject to this Rule: • The impact is equal to less than one-tenth of an acre of ✓ riparian buffer. • Impact greater than one- tenth of an acre but equal to or less than one-third of an acre of riparian buffer. • Impact greater than one-third ✓ of an acre of riparian buffer. • Driveway crossings in a residential subdivision that cumulatively impact equal to ✓ or less than one-third of an acre of riparian buffer. • Driveway crossings in a residential subdivision that cumulatively impact greater ✓ than one-third of an acre of riparian buffer. • Farm roads and forest roads that are exempt from permitting from the US Army ✓ Corps of Engineers per Section 404(f) of the Federal Clean Water Act. Road, driveway, or railroad: impacts other than perpendicular ✓ crossings of streams and other surface water subject to this Rule. 1 http://water.epa.gov/lawregs/guidance/wetlands/wetlandsmitigation index.cfm RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 343 :,--,.,„„ ---N :., 4..I `! ARTICLE 800:WATERSHED PROTECTION ORDINANCE ALLOWABLE ALLOWABLE WITH USE ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION Road relocation of existing private access roads associated with public road projects where necessary for public safety: • Less than or equal to 2,500 square feet of riparian buffer ✓ impact. • Greater than 2,500 square ✓ feet of riparian buffer impact Scientific studies and stream ✓ gauging: Slatted uncovered decks, including steps and support posts, which are associated with a dwelling, if it meets the requirements of Items (H) and (I) of the Rule and: • Installation does not result in the removal of vegetation in ✓ Zone 1 • Installation results in the removal of vegetation in ✓ Zone 1. Stormwater Control Measure (SCM) as defined in 15A NCAC 02H .1002: • In Zone 2 if Item (I) of this ✓ Rule is complied with • In Zone 1 ✓ Streambank or shoreline stabilization: 1/ Temporary roads provided that the disturbed area is restored to pre- construction topographic and hydrologic conditions and replanted with comparable vegetation within two months of when construction is complete. Tree planting may occur during the dormant season. At the end of five years, any restored wooded riparian buffer shall comply with the restoration criteria in Rule .0295(i) of this Subchapter: • Less than or equal to 2,500 square feet of riparian buffer ✓ disturbance. • Greater than 2,500 square feet of riparian buffer ✓ disturbance. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 344 r� ARTICLE 800:WATERSHED PROTECTION ORDINANCE \1771 a ALLOWABLE ALLOWABLE WITH USE ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION • Associated with culvert installation or bridge ✓ construction or replacement. Temporary sediment and erosion control devices provided that the disturbed area is restored to pre- construction topographic and hydrologic conditions and replanted with comparable vegetation within two months of when construction is complete. Tree planting may occur during the dormant season. At the end of five years, any restored wooded riparian buffer shall comply with the restorations criteria in Rule .0295 (i) of this Subchapter: • In Zone 2 only if the ground cover is established within the timeframes required by the Sedimentation and Erosion Control Act, the ✓ vegetation in Zone 1 is not compromised and that discharge is under Item (I) of this rule. • In Zone 1 and Zone 2 to control impacts associated with uses identified in this Table or uses that have received an Authorization ✓ Certificate with Exception if sediment and erosion control for upland areas is addressed outside the riparian buffer. • In-stream temporary erosion and sediment control measures for work within a stream channel that is ✓ authorized under Section 401 and 404 of the Federal Clean Water Act. Utility Lines: Streambank stabilization for the protection of publicly owned utility lines (not including new line installation): • Less than 150 feet of ✓ streambank disturbance. • Greater than 150 feet of ✓ streambank disturbance. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 345 r� /� E ARTICLE 800:WATERSHED PROTECTION ORDINANCE • :..Ifi�,a ALLOWABLE ALLOWABLE WITH USE ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION Utility Lines: Sanitary Sewer Overflows: • Emergency sanitary sewer overflow response activities provided that the disturbed area within the riparian buffer outside of the existing utility line maintenance corridor is the minimum necessary to respond to pre-construction ✓ topographic and hydrologic conditions, and is replanted with comparable vegetation (e.g., grass with grass, hardwoods with hardwoods) within two months of when the disturbance is complete. • Emergency sanitary sewer overflow response activities that do not meet the listing above. For any new proposed permanent impacts that are not a "Deemed Allowable Activity", an ✓ application for an Authorization Certificate shall be submitted to the Authority no later than thirty calendar days of the conclusion of the emergency response activities. Utility lines: Utility, Sewer Lines: Vegetation maintenance activities that remove forest vegetation from existing sewer utility rights-of-way (not including new line installation) outside of the existing utility line maintenance corridor: • Zone 2 impacts. ✓ • Zone 1 impacts: For lines that have not been maintained, the vegetation can be mowed, cut, or otherwise maintained without ✓ disturbance to the soil structure for a maintenance corridor that is equal to or less than thirty feet wide. • Zone 1 impacts other than ✓ those listed above. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 346 4,0IY_0%a Z' •+ ARTICLE 800:WATERSHED PROTECTION ORDINANCE ALLOWABLE ALLOWABLE WITH USE ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION Utility, Sewer Lines: Replacement/Rehabilitation of existing sewer lines within, or adjacent to, an existing right-of-way but outside of an existing utility line maintenance corridor provided that comparable vegetation (e.g., grass with grass, hardwoods with hardwoods) can regenerate in disturbed riparian buffers outside of the permanent maintenance corridor and riparian buffers outside of the permanent maintenance corridor are not maintained: _ • Permanent maintenance corridor equal to or less than thirty feet wide provided there is no grading and/or grubbing ✓ within ten feet of the top of the bank when the sewer line is parallel to the stream. • Grading and/or grubbing within ten feet of the top of the bank when the sewer line is parallel to the stream and ✓ permanent maintenance corridor equal to is less than thirty feet wide. • A permanent maintenance corridor is greater than thirty feet wide. For impacts other than perpendicular crossings, mitigation is only required for Zone 1 impacts. For perpendicular crossings ✓ that disturb equal to or less than forty linear feet, no mitigation is required. For perpendicular crossings that disturb than forty linear feet, mitigation is only required for Zone 1 impacts. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 347 ARTICLE 800:WATERSHED PROTECTION ORDINANCE 7 f o ALLOWABLE ALLOWABLE WITH USE ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION Utility: Sewer Lines, New Line Construction/Installation Activities: Perpendicular crossings of streams and other surface waters subject to this Rule or perpendicular entry into the riparian buffer that does not cross a stream or other surface water subject to this Rule if vegetation can regenerate in disturbed areas outside of the permanent maintenance corridor: • Construction corridor of less than or equal to forty linear feet wide and a permanent ✓ maintenance corridor that is equal to or less than thirty feet wide. • Construction corridor of greater than forty linear feet wide and less than or equal to 150 linear feet wide and a ✓ permanent maintenance corridor that is equal to or less than thirty feet wide. • Construction corridor of greater than forty linear feet wide and less than or equal to 150 linear feet wide and a ✓ permanent maintenance corridor that is equal to or less than thirty feet wide. • Permanent maintenance corridor that is greater than thirty linear feet wide. For impacts other than perpendicular crossings, mitigation is only required for Zone 1 impacts. For perpendicular crossings, the ✓ disturb equal to or less than forty linear feet, no mitigation is required. For perpendicular crossings that disturb greater than forty linear feet, mitigation is only required for Zone 1 impacts. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 348 1� ARTICLE 800:WATERSHED PROTECTION ORDINANCE ALLOWABLE ALLOWABLE WITH USE ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION Utility: Sewer Lines, New Line Construction/Installation Activities: Impacts other than perpendicular crossings if vegetation can regenerate in disturbed areas outside of the permanent maintenance corridor: • Zone 2 impacts. ✓ • Zone 1 impacts to less than 2,500 square feet when impacts are solely the result of tying into an existing utility ✓ line and when grubbing or grading within ten feet immediately adjacent to the surface water is avoided. • Zone 1 impacts other than ✓ those listed above. Utility: Non-sewer Underground Lines: Vegetation maintenance activities that remove forest vegetation from existing utility rights- of-way (not including new line installation) outside of the existing utility line maintenance corridor: • Zone 2 impacts. ✓ • Zone 1 impacts: For lines that have not been maintained, the vegetation can be mowed, cut, or otherwise maintained without ✓ disturbance to the soil structure for a maintenance corridor that is equal to or less than thirty feet wide. • Zone 1 impacts other than ✓ those listed above. Utilities: Non-sewer Underground Lines: Perpendicular crossings of streams and other surface water subject to this Rule or perpendicular entry into the riparian buffer that does not cross a stream or other surface water subject to this Rule if vegetation can regenerate in disturbed areas outside of the permanent maintenance corridor: RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 349 ‘141; ARTICLE 800:WATERSHED PROTECTION ORDINANCE ALLOWABLE ALLOWABLE WITH USE ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION • Construction corridor of less than or equal to fifty linear feet wide and a permanent ✓ maintenance corridor that is equal to or less than thirty feet wide. • Construction corridor of greater than fifty linear feet wide and less than or equal to 150 linear feet wide and a ✓ permanent maintenance corridor that is equal to or less than thirty feet wide. • Construction corridor of greater than 150 linear feet wide and a permanent ✓ maintenance corridor that is equal to or less than thirty feet wide. • Permanent maintenance corridor that is greater than thirty linear feet wide. ✓ (Mitigation is required only for Zone 1 impacts.) Utilities: Non-sewer Underground Lines: Impacts other than perpendicular crossings if vegetation can regenerate in disturbed areas outside of the permanent maintenance corridor: • Zone 2 impacts. ✓ • Zone 1 impacts to less than 2,500 square feet when impacts are solely the results of tying into an existing utility ✓ line and when grubbing or grading within ten feet immediately adjacent to the surface water is avoided. • Zone 1 impacts other than ✓ those listed above. _ Utilities: Non-sewer and Aerial Lines: Perpendicular crossings of streams and other surface waters subject to this Rule or perpendicular entry into the riparian buffer that does not cross a stream or other surface water subject to this Rule: RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 350 • 0--rr ARTICLE 800:WATERSHED PROTECTION ORDINANCE ALLOWABLE ALLOWABLE WITH USE ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION • Disturb equal to or less than 150 linear feet wide of the riparian buffer provided that a minimum zone of ten feet wide immediately adjacent to the water body is managed such that only vegetation that poses a hazard or has the potential to grow tall enough V to interfere with the line is removed, that no land grubbing or grading is conducted in Zone 1, and that poles or aerial infrastructure are not installed within ten feet of a waterbody. • Disturb greater than 150 linear feet wide of riparian V buffer. Utilities: Non-sewer Aerial Lines: Impacts other than perpendicular crossings of streams and other surface waters subject to this Rule or perpendicular entry into the riparian buffer that does not cross a stream or other surface water subject to this Rule: • Impacts in Zone 2 only V • Impacts in Zone 1 provided that a minimum zone of ten feet wide immediately adjacent to the water body is managed such that only vegetation that poses a hazard or has the potential to grow tall enough to interfere V with the line is removed, that no land grubbing or grading is conducted in Zone 1, and that poles or aerial infrastructure are not installed within ten feet of a waterbody. Vegetation management: • Emergency fire control measures if the topography is V restored. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 351 ARTICLE 800:WATERSHED PROTECTION ORDINANCE ALLOWABLE ALLOWABLE WITH ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION • Periodic mowing and harvesting of plan products ✓ only in Zone 2. • Placement of mulch ring around restoration plantings ✓ for a period of five years from the date of planting. • Planting non-invasive vegetation to enhance the ✓ riparian buffer. • Pruning forest vegetation provided that the health and function of the forest V vegetation are not compromised. • Removal of individual trees, branches, or limbs that are in danger of causing damage to dwellings, existing utility lines, other structures, or human life, or are imminently V endangering the stability of the streambank provided that the stumps are left or ground in place without causing an additional land disturbance. • Removal of individual trees that are dead, diseased, or V damaged. • Removal of poison ivy, oak, or sumac. Removal can include the application of pesticides within the riparian buffer if the pesticides are certified by the EPA for use in or near aquatic sites and are V applied following the manufacturer's instructions. If removal is significant, then the riparian buffer shall be replaced with non-invasive species. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 352 ARTICLE 800:WATERSHED PROTECTION ORDINANCE ALLOWABLE ALLOWABLE WITH USE ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION • Removal of understory nuisance vegetation as defined in Smith, Cherri L. 2008. Invasive Plants for North Carolina. NCDOT.2 Removal can include the application of pesticides within the riparian buffer if the ✓ pesticides are certified by the EPA for use in or near aquatic sites and are applied following the manufacturer's instructions. If removal is significant, then the riparian buffer shall be replanted with non-invasive species. • Removal of woody vegetation in Zone 1 if Item(I) ✓ of this Rule is complied with. Vehicle access roads and boat rams (excluding parking areas) leading to surface water, docks, fishing piers, and other water-dependent activities: • Singular vehicular access road and a boat ramp to the surface water but not crossing the surface water ✓ that is restricted to the minimum width practical not to exceed fifteen feet wide. • Vehicular access roads and boat ramps to the surface water but not crossing the surface water that is ✓ restricted to the minimum width practicable and exceed fifteen feet wide. Water-dependent structures (except for boat ramps) as defined in ✓ Rule .0202 of this Subchapter. Water supply reservoirs: • New reservoirs provided that a riparian buffer that meets the requirements of Items(H) ✓ and (I) of this Rule is established adjacent to the reservoir. 2https://www.ncforestservice.gov/forest health/invasives.htm RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 353 3a 3 /`r ARTICLE 800:WATERSHED PROTECTION ORDINANCE ALLOWABLE ALLOWABLE WITH USE ALLOWABLE WITH MITIGATION PROHIBITED AUTHORIZATION UPON AUTHORIZATION • New reservoirs where a riparian buffer that meets the requirements of Items (H) ✓ and (I) of this Rule is not established adjacent to the reservoir. Water wells ✓ Wildlife passage structures ✓ Table 23: Randleman Lake Riparian Buffer Table of Uses L. MITIGATION Persons who wish to undertake uses designed as allowable upon authorization with mitigation as defined in Sub-Item (J) (3) of this Rule or allowable with exception as defined in Sub-Item (J) (5) of this Rule shall meet the following requirements to proceed with their proposed use. 1. Obtain an Authorization Certificate under Rule .0611 of this Subchapter; and 2. Obtain written approval for a migration proposal under Rule .0295 of this Subchapter. M. RULE IMPLEMENTATION This Rule shall be implemented as follows: 1. Local governments with land use authority within the Randleman Lake Watershed shall establish and maintain riparian buffer protection programs to meet or exceed the minimum requirements of this Rule and shall comply with all requirements outlined in NCGS § 143-214.23A. (a) Randolph County shall adopt and enforce this Rule through local ordinances. (b) Randolph County shall appoint a Riparian Buffer Protection Administrator(s)who shall coordinate the implementation and enforcement of the program. The Administrator(s) shall attend an initial training session by the Division and be certified to make on-site determinations according to NCGS § 143-214.25A. The Administrator(s) shall ensure that Randolph County staff working directly with the program RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 354 ARTICLE 800:WATERSHED PROTECTION ORDINANCE t)79 receive training to understand, implement and enforce the program and are certified to make on-site determinations according to NCGS § 143-214.25A. At any time that Randolph County does not have a certified individual retained on staff to make on-site determinations according to NCGS § 143-214.25A, they shall immediately notify the Division and indicate a proposed schedule to secure a certified staff member. Randolph County shall coordinate with the Division to provide on-site determinations until a newly certified staff member is secured by Randolph County. 2. Randolph County shall apply the requirements of this Rule throughout their jurisdiction within the Randleman Lake Watershed except where the Division shall exercise jurisdiction. The Division shall have jurisdiction to the exclusion of Randolph County to administer the requirements of this Rule for the following types of activities: (a) Activities conducted under the authority of the State; (b) Activities conducted under the authority of the United States; (c) Activities conducted under the authority of multiple jurisdictions; (d) Activities conducted under the authority of local units of government; (e) Forest harvesting activities described in Rule .0612 of this Subchapter; and (f) Agricultural activities. 3. The Division shall regularly audit Randolph County to ensure that local programs are being implements and enforced in keeping with the requirements of this Rule and Rule .0611 of this Subchapter. The audit shall consist of a review of all Randolph County activities with regards to the implementation of this Rule and Rule .0611 of this Subchapter. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 355 amr!_0�, o , s a chi..a"' � . o ARTICLE 800: WATERSHED PROTECTION ORDINANCE 177% 4. Randolph County shall maintain on-site records for a minimum of five years and shall furnish a copy of these records to the Division within thirty calendar days of receipt of a written request for them. Randolph County's records shall include the following: (a) A copy of all Authorization Certificates with Exception requests; (b) Findings on all Authorization Certificates with Exceptions requests; (c) The results of all Authorization Certificates with Exception proceedings; (d) A record of complaints and actions taken because of complaints; (e) Records for on-site determinations as described in Item (D) of this Rule; and (f) Copies of all requests for authorizations, records approving authorization, and Authorization Certificates. 5. If Randolph County fails to adopt or adequately implement its program as specified in this Rule, the Division may take appropriate enforcement action as authorized by statute and may choose to assume responsibility for implementing that program until it determines that Randolph County is prepared to comply with its responsibilities. 6. The Commission may delegate its duties and powers for granting and rescinding Randolph County delegation of the Randleman Lake Riparian Buffer protection requirements, in whole or in part, to the Director. N. WATER SUPPLY REQUIREMENTS The existing water supply requirement in Rule .0624 (12) of this Subchapter that stipulates a one-hundred-foot vegetated buffer, adjacent to perennial streams, for all new development activities, applies to the entire Randleman Lake Watershed. The first fifty feet of these riparian areas on either side of these waters shall also be protected under all the requirements of this Rule. Randolph County may choose to implement more stringent requirements, including requiring additional buffer width. The existing water supply requirement in Rule .0624 (12) of this Subchapter also stipulated a thirty- RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 356 M1 Y,M09 4,' H ARTICLE 800:WATERSHED PROTECTION ORDINANCE foot vegetated buffer, adjacent to perennial streams, for all new development activities which utilize the low-density option also applies to the entire Randleman Lake Watershed. O. OTHER LAWS, REGULATIONS AND PERMITS In all cases, compliance with this Rule does not preclude the requirement to comply with all other federal, State, and local regulations and laws. 815: CLUSTER DEVELOPMENT Cluster development is allowed in all Watershed Areas, except WS-I, under the following conditions: A. Minimum lot sizes do not apply 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 as outlined in Section 802. 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 areas shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas. C. Areas of concentrated density development shall be in the upland area and away, to the maximum extent practicable, from surface waters and drainage ways. D. 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 homeowner's association for management; or a conservation organization for preservation in a permanent easement. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds. E. Cluster developments shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable. 816: VEGETATED SETBACKS REQUIRED A minimum one-hundred-foot vegetative buffer (fifty feet on each side of perennial water) is required for all new development activities along all perennial waters indicated on the most recent versions of the USGS 1:24,000 (7.5 minute) scale topographic maps or as RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 357 M1 Y,M09 4,' H ARTICLE 800:WATERSHED PROTECTION ORDINANCE determined by Randolph County studies. Desirable artificial streambank or shoreline stabilization is permitted. Where USGS topographic maps do not distinguish between perennial and intermittent streams, an on-site stream determination may be performed by an individual qualified to perform such stream determinations. No new development is allowed in the buffer except for water-dependent structures, other structures such as flag poles, signs, and security lights which result in only diminutive increases in impervious areas, and public projects such as 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. 817: RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA BOUNDARIES Where uncertainty exists as to the boundary of the watershed areas, as shown on the Watershed Protection Map of Randolph County, North Carolina, the following rules shall apply. A. Where area boundaries are indicated as approximately following either a 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 Randolph 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 feet from any parallel lot line, the location of the 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 feet or less from any parallel lot line, the location of the watershed area boundaries shall be construed to be the lot line. E. Where another uncertainty exists, the Watershed Administrator shall interpret the watershed map as to the location of such boundaries. This decision may be appealed to the Watershed Review Board. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 358 4omr7v_yo* ARTICLE 800:WATERSHED PROTECTION ORDINANCE 177$ 818: APPLICATION OF REGULATIONS 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. No area required for complying with the provisions of this Ordinance shall be included in the area required for another building. Every residential building hereafter erected, moved, or structurally altered shall be located on a lot that conforms to the regulations herein specified, except as permitted in this Ordinance. 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. 819: EXISTING DEVELOPMENT 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 built-upon area 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 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 restrictions of this Ordinance that has been damaged may be repaired and/or reconstructed, except that there are no restrictions on single-family residential development, provided: RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 359 4omriv_yoss • • ▪ � + ARTICLE 800:WATERSHED PROTECTION ORDINANCE t)79 (1) Repair or reconstruction is initiated within twelve months and completed within two years or such damage. (2) 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. 820: WATERSHED PROTECTION PERMIT Except where a single-family residence is constructed on a lot deeded before the effective date of this Ordinance, no building on a 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. 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. Before 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. A Watershed Protection Permit shall expire if a Building Permit or Watershed Occupancy Permit for such use is not obtained by the application within twelve months from the date of issuance. 821 : 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. 822: WATERSHED PROTECTION OCCUPANCY PERMIT The Watershed Administrator shall issue a Watershed Protection Occupancy Permit certifying that all requirements of this Ordinance have been met before the occupancy or use of a building hereafter erected, altered, or moved and/or before the change of use of any building or land. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 360 M1 Y,M09 4,' H ARTICLE 800:WATERSHED PROTECTION ORDINANCE 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 days after the erection or structural alterations of the building. When only a change in the 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. If the Watershed Protection Occupancy Permit is denied, the Watershed Administrator shall notify the applicant in writing stating the reasons for the denial. 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. R71' PIIBLIC HF4I TN IN lZFNFRAI No activity, situation, structure, or land use shall be allowed within the watershed that poses a threat to water quality and public health, safety, and welfare. Such conditions may arise from inadequate on-site sewage systems that 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 improper management of stormwater runoff; or any other situation found to post a threat to water quality. 824: ABATEMENT The Watershed Administrator shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality. 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. 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. 825: WATERSHED ADMINISTRATOR AND DUTIES RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 361 owir,xa9 H f„ ARTICLE 800: WATERSHED PROTECTION ORDINANCE 170 The Randolph County Planning Director is hereby appointed the Watershed Administrator, who shall be duly sworn in. 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 Stormwater Branch of the Division of Energy, Mineral, and Land Resources. D. The Watershed Administrator shall keep records of the jurisdiction's use of the provision that a maximum of ten percent of the non-critical area of WS- II, WS-III watersheds, and WS-IV watersheds may be developed with new development at a maximum of seventy percent built-upon surface areas. Records for each watershed shall include the total acres of non-critical watershed area, total acres eligible to be developed under this option, total acres approved for this development option, and individual records for each project with the following information: location, number of developed acres, type of land use, and stormwater management plan if applicable. E. 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 Randolph 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. F. The Watershed Administrator shall keep a record of variances to the local Water Supply Watershed Protection Ordinance. This record shall be submitted for each calendar year to the Water Quality Section of the Division of Environmental Management on or before January 1 of the following year and shall describe each project receiving a variance and the reasons for granting the variance. G. The Watershed Administrator is responsible for ensuring the Stormwater Control Measures are inspected at least once a year and shall keep a record of SCM inspections. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 362 4omr7v_0, ARTICLE 800:WATERSHED PROTECTION ORDINANCE 177% 826: APPEAL FOR 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 days from the date of the order, interpretation, decision, or determination is made. All appeals must be made in writing stating the reason for the 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 because 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 of by a court of record on the 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 attorney. 827: CHANGES AND AMENDMENTS TO THE WATERSHED PROTECTION ORDINANCE The Randolph County Board of Commissioners may, on its own motion or on a petition, after public notice and hearing, amend, supplement, change or modify the watershed regulations and restrictions as described herein. 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 days after submission of the proposal to the Chairman of the Watershed Review Board, the Randolph County Board of Commissioners may proceed as though a favorable report has been received. Under no circumstances shall the Randolph 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 North Carolina Environmental Management Commission. All amendments must be filed with the North Carolina Division Energy, Mineral, and Land Resources. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 363 -. tea ARTICLE 800:WATERSHED PROTECTION ORDINANCE • 828: PUBLIC NOTICE AND HEARING REQUIRED Before adopting or amending this Ordinance, the Randolph County Board of Commissioners shall hold a public hearing on the proposed changes. A notice of the 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 nor more than twenty-five days before the date for the hearing. 829: ESTABLISHMENT OF WATERSHED REVIEW BOARD The Randolph County Zoning Board of Adjustment is hereby appointed as the Watershed Review Board. The members of the Watershed Review Board shall be appointed as outlined in Article 300 of the Randolph County Unified Development Ordinance. 830: RULES OF CONDUCT FOR MEMBERS Members of the Watershed Review Board may be removed by the Randolph County Board of Commissioners as outlined in Article 300 of the Randolph County Unified Development Ordinance. The rules of conduct for members of the Watershed Review Board shall be those as outlined in Article 100, Section 109 and Article 400, Sections 404 and 405 of the Randolph County Unified Development Ordinance. 831 : 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. L.. VARIANCES The Watershed Review Board shall have the power to authorize, in specific cases, minor variances from the terms of this Ordinance as will not be contrary to the public interests where, owing to special conditions, a literal enforcement of this Ordinance will result in practical difficulties or unnecessary hardship, so that that the spirit of this Ordinance shall be observed, public safety and welfare secured, and substantial justice done. Also, Randolph County shall notify and allow a reasonable comment period for all other local governments having jurisdiction in the designated watershed where the variance is being considered. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 364 M1 Y,M09 4,' H 4 . ARTICLE 800:WATERSHED PROTECTION ORDINANCE (1) Application 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 is drawn to a scale of at least one inch to forty 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 the north point, name and address of the 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 and the entity using the water supply for consumption. Such notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the Watershed Administrator before a decision by the Watershed Review Board. Such comments shall become a part of the record of proceedings of the Watershed Review Board. (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 ways of carrying out the strict letter of the Ordinance. To determine that there are practical difficulties or unnecessary hardships, the Board must find the five following conditions exist: RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 365 +� ARTICLE 800:WATERSHED PROTECTION ORDINANCE rn% (i) 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 providing 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. (ii) The hardship results from the application of the Ordinance to the property rather than from other factors such as deed restrictions or other hardship. (iii) 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. (iv) The hardship is not the result of the actions of an applicant who knowingly or unknowingly violated the Ordinance, or who purchases the property after the effective date of the Ordinance, and then comes to the Board for relief. (v) The hardship is peculiar to the applicant's property, rather than the result of widespread conditions. 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 not promote equal justice. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 366 ARTICLE 800: WATERSHED PROTECTION ORDINANCE t)79 (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, 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 purpose of this Ordinance. If a variance for the construction, alteration, or use of the property is granted, such construction, alteration, or use shall be per 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 under this section shall be considered a Watershed Protection Permit and shall expire if a building permit of Watershed Occupancy Permit for such use is not obtained by the applicant within six months from the date of the decision. (6) If the application calls for the granting of a major variance, and if the Watershed Review Board decided 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; RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 367 e 1}1+'"ra e_ e-'-- tea ARTICLE 800:WATERSHED PROTECTION ORDINANCE (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: (1) If the Commission concludes from the preliminary record that the variance qualifies as a major variance, and the (i) the property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted, and (ii) 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 approved the variance as proposed, the Board shall prepare a final decision granting the proposed variance. If the Commission approves a variance with conditions and stipulations, the Board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance. (2) If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that (i) the property owner can secure a reasonable return from or make practical use of the property without the variance or (ii) the variance, if granted, will result in a serious threat to the water supply, then the Commission shall deny the approval of the variance as proposed. The 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 800, Section 802. D. PUBLIC HEALTH See Article 800, Section 803. 832: APPEALS FROM THE WATERSHED REVIEW BOARD RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 368 q; y ARTICLE 800:WATERSHED PROTECTION ORDINANCE Appeals from the Watershed Review Board must be filed with the Superior Court within thirty days from the date of the decision. The decision by the Superior Court will be in the manner of certiorari. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 369