WSMU_LIBE_WSWP Ordinance_20230706

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CHAPTER 153: WATERSHED PROTECTION
Section
Authority and General Provisions
153.01 Intent
153.02 Authority and enactment
153.03 Jurisdiction
153.04 Exceptions to applicability
153.05 General subdivision provisions
153.06 Standards and required improvements
153.07 Definitions
153.08 Word interpretation
Development Regulations
153.20 Establishment of Watershed Overlay Districts
153.21 Sandy Creek and Rocky River; balance of watershed
153.22 Cluster development
153.23 Buffer areas required
153.24 Rules governing the interpretation of watershed area boundaries
153.25 Application of regulations
153.26 Existing development
153.27 Watershed protection permit
153.28 Building permit required
153.29 Watershed protection occupancy permit
Public Health;Administration; Enforcement;Appeals
153.40 Public health in general
153.41 Abatement
153.42 Watershed Administrator; duties
153.43 Appeal from the Town Manager
153.44 Changes and amendments to the watershed protection chapter
153.45 Public notice and hearing required
153.46 Watershed Review Board
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153.47 Powers and duties of the Board of Adjustment acting as Watershed
Review Board
153.48 Appeals from the Board of Adjustment
153.99 Penalty
AUTHORITY AND GENERAL PROVISIONS
§ 153.01 INTENT.
The intent of the Water Supply Watershed Chapter is to protect surface water supplies whose
watersheds are located wholly or partially with the jurisdiction of Liberty.
(Ord. passed - -)
§ 153.02 AUTHORITY AND ENACTMENT.
Pursuant to authority given to municipalities in G.S. Ch. 160A, Article 19, Planning and Regulation of
Development, and G.S. § 143-214.5, Water Supply and Watershed Protection, the Liberty Town
Council does hereby ordain and enact into law the following sections as the Watershed Protection
Ordinance of Liberty.
(Ord. passed - -)
§ 153.03 JURISDICTION.
(A) The provisions of this chapter shall apply in those areas within the corporate limits and the
extraterritorial jurisdiction of Liberty designated as public water supply watersheds by the North
Carolina Environmental Management Commission and within the Randleman Lake Watershed
designated by the Liberty Town Council and shall be defined and established on the map entitled,
Watershed Protection Map of Liberty, North Carolina (the Watershed Map) which is adopted
simultaneously herewith. The Watershed Map and all explanatory matter contained thereon
accompanies and is hereby made a part of this chapter. This chapter shall be permanently kept on file
in the office of the Town Manager.
(B) The following public water supply watersheds designated by the North Carolina Environmental
Management Commission and the Liberty Town Council are located within Liberty.
Watershed Classification River Basin
Rocky River WS-111 Cape Fear
Sandy Creek WS-III Cape Fear
(Ord. passed - -)
§ 153.04 EXCEPTIONS TO APPLICABILITY.
(A) Nothing contained herein shall repeal, modify or amend any federal or state law or regulations,
or any ordinance or regulation pertaining thereto except any ordinance which these regulations
specifically replace; however, the adoption of this chapter shall and does amend any and all
ordinances, resolutions and regulations in effect in the town at the time of the adoption of this chapter
that may be construed to impair or reduce the effectiveness of this chapter or to conflict with any of its
provisions.
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(B) It is not intended that these regulations interfere with any easement, covenants or other
agreements between parties. However, if the provisions of these regulations impose greater
restrictions or higher standards for the use of a building or land, then the provisions of these
regulations shall control.
(C) Existing development, as defined in this chapter, is not subject to the requirements of this
chapter. Expansions to structures classified as existing development must meet the requirements of
this chapter; however, the built-upon area of the existing development is not required to be included in
the density calculations.
(D) A pre-existing lot owned by an individual prior to the effective date of this chapter, regardless of
whether or not a vested right has been established, may be developed for single-family residential
purposes without being subject to the restriction of this chapter. However, this exemption is not
applicable to multiply contiguous lots under single ownership. See § 153.26(B)(3) regarding the
recombination of existing lots.
(Ord. passed - -)
§ 153.05 GENERAL SUBDIVISION PROVISIONS.
(A) No subdivision plat of land within the Public Water Supply Watershed shall be filed or recorded
by the Register of Deeds of Randolph County until it has been approved in accordance with the
provisions of this chapter. Likewise, the Clerk of Superior Court shall not order or direct the recording
of a plat of the recording of the plat would be in conflict with this chapter.
(B) All applications to subdivide land in a designated water supply watershed shall comply with the
application, review and mapping requirements of the Liberty Subdivision Chapter.
(C) If the Planning Board approves the application, the approval shall be indicated on both copies
of the plat by the following certificate and signed by the Chairperson or other authorized member of
the Board.
Certificate of Approval for Recording, Minor Subdivision
I certify that the plat shown hereon complies with the subdivision regulations for Liberty, North Carolina and any
supplemental regulations that may apply and that the plat has been approved according to the procedures for approval of
minor subdivisions.
Date Town Manager
NOTICE: This property is located within a Public Water Supply Watershed development restrictions may apply.
Certificate of Approval for Recording, Major Subdivision
This subdivision plat has been found to comply with the provisions of the Subdivision Chapter of Liberty, provided that it is
recorded in the Office of the Register of Deeds within 60 days of final approval by the Planning Board.
Date Town Manager
NOTICE: This property is located within a Public Water Supply Watershed —development restrictions may apply.
(Ord. passed - -)
§ 153.06 STANDARDS AND REQUIRED IMPROVEMENTS.
(A) Drinking supply. Subdivision in any designated drinking supply watershed shall comply with
general requirements and minimum standards of design of the Liberty Subdivision Chapter as well as
the requirements specified below.
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(B) Space. All lots shall provide adequate building space in accordance with the development
standards contained in §§ 153.20 through 153.29. Lots which are smaller than the minimum required
for residential lost shall be identified on the plat as, "not for residential purposes."
(C) Calculation. For the purpose of calculating built-upon area, total project area shall include total
acreage in the tract on which the project is to be developed.
(D) 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 storm water runoff away from surface waters and incorporates best management practices
to minimize water quality impacts.
(E) Erosion and sedimentation control. The application shall, where required, be accompanied by a
written statement that a Sedimentation and Erosion Control Plan has been submitted to and approved
by the North Carolina Division of Land Quality.
(F) Roads constructed in critical areas and watershed buffer areas. Where possible roads should
be located outside of critical areas and watershed buffer areas. Roads constructed within these areas
shall be designed and constructed so to minimize their impact on water quality.
(Ord. passed - -)
§ 153.07 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
AGRICULTURAL USE. The use of waters for stock watering, irrigation and other farm purposes.
ANIMAL UNIT. A unit of measurement developed by the United States Environmental Protection
Agency that is used to compare different types of animal operations.
BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management-based
practice used singularly or in combination to reduce non point source inputs to receiving waters in
order to achieve water quality protection goals.
BUFFER.
(1) An area of natural or planted vegetation through which storm water runoff flows in a diffuse
manner so that the runoff does not become channelized and which provides for infiltration of the runoff
and filtering of pollutants.
(2) The BUFFER is measured landward from the normal pool elevation of impounded structures
and from the bank of each side of streams or rivers.
BUILDING. Any structure having a roof supported by columns or by walls, and intended for shelter,
housing or enclosure of persons, animals or property. The connection of 2 buildings by means of an
open porch, breezeway, passageway, carport or other open structure, with or without a roof, shall not
be deemed to make them 1 BUILDING.
BUILT-UPON AREA. Built-upon areas shall include that portion of a developed project that is
covered by impervious or partially impervious cover including buildings, pavement, gravel roads,
recreation facilities (e.g. tennis courts) and the like. (Note: Wooden slatted decks and the water area
of a swimming pool are considered pervious.)
CLUSTER DEVELOPMENT The grouping of buildings in order to conserve land resources and
provide for innovation in the design of the project. This term includes non-residential development as
well as single-family residential subdivisions and multi-family developments that do not involve the
subdivision of land.
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COMPOSTING FACILITY. A facility in which only stumps, limbs, leaves, grass and untreated wood
collected from land clearing or landscaping operations is deposited.
CRITICAL AREA.
(1) The area adjacent to a water supply intake or reservoir where risk associated with pollution is
greater than from the remaining portions of the watershed.
(2) The CRITICAL AREA is defined as extending either 1/2 mile from the normal pool elevation
of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes
first); or 1/2 mile upstream from the intake located directly in the stream or river (run-of-the-river), or
the ridge line of the watershed (whichever comes first).
(3) Since WS-I watersheds are essentially undeveloped, establishment of a CRITICAL AREA is
not required.
(4) Local governments may extend the CRITICAL AREA as needed.
(5) Major landmarks such as highways or property lines may be used to delineate the outer
boundary of the CRITICAL AREA if these landmarks are immediately adjacent to the appropriate
outer boundary of 1/2 mile.
CUSTOMARY HOME OCCUPATIONS. Any use conducted entirely within a dwelling and carried on
by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for
residential purposes and does not change the character thereof. Provided further that no mechanical
equipment is installed or used except as is normally used for domestic or professional purposes, and
that not over 25% of the total floor space of any structure is used for the occupation. No home
occupation shall be conducted in any accessory building except for the storage and service of a
vehicle that is driven off site, such as a service repair truck, delivery truck and the like.
DEVELOPMENT. Any land disturbing activity, which adds to or changes the amount of impervious or
partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation
into the soil.
DISCHARGE LANDFILL. A facility with liners, monitoring equipment and other measures to detect
and/or prevent leachate from entering the environment and in which the leachate is treated on site and
discharged to a receiving stream.
DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities
for 1 family.
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum have
established a vested right under North Carolina zoning law as of the effective date of this chapter
based on at least 1 of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance
upon having received a valid local government approval to proceed with the project;
(2) Having an outstanding valid building permit as authorized by G.S. §§ 153A-344.1 and 160A-
385.1; or
(3) Having expanded substantial resources (time, labor, money) and having an appropriate site
specific or phased development plan as authorized by G.S. 160A-385.1.
EXISTING LOT(LOT OF RECORD). A lot which is part of a subdivision, a plat of which has been
recorded in the office of the Register of Deeds prior to the adoption of this chapter, or a lot described
by metes and bounds, the description of which has been so recorded prior to the adoption of this
chapter.
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FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members
are related by blood or marriage or adoption, no family shall contain over 5 persons, but further
provided that domestic servants employed or living on the premises may be housed on the premises
without being counted as a family or families.
HAZARDOUS MATERIALS. Any substance listed as so in: SARA§ 302, Extremely Hazardous
Substances, CERCLA Hazardous Substances, or § 311 of CWA (oil and hazardous substances).
INDUSTRIAL DEVELOPMENT. Any non-residential development that requires an NPDES permit for
an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of
manufacturing, assembling, finishing, cleaning or developing any product or commodity.
LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance with
G.S. Ch. 130A, Article 9, §§ 130A-290 through 130A-310.58. For the purpose of this chapter this term
does not include composting facilities.
LOT. A parcel of land occupied or capable of being occupied by a building or group of buildings
devoted to a common use, together with the customary accessories and open spaces belonging to the
same.
NON-RESIDENTIAL DEVELOPMENT. All development other than residential development,
agriculture and silviculture.
PLAT. A map or plan of a parcel of land which is to be, or has been subdivided.
RESIDENTIAL DEVELOPMENT. Buildings for residences such as attached and detached single-
family dwellings, apartment complexes, condominiums, townhouses, cottages and the like and their
associated outbuilding such as garages, storage buildings, gazebos and the like and customary home
occupations.
SINGLE-FAMILY RESIDENTIAL. Any development where:
(1) No building contains more than 1 dwelling unit;
(2) Every dwelling unit is on a separate lot; and
(3) Where no lot contains more than 1 dwelling unit.
STREET(ROAD). A right-of-way for vehicular traffic which affords the principal means of access to
abutting properties.
STRUCTURE. Anything constructed or erected, including but not limited to buildings, which requires
location on the land or attachment to something having permanent location on the land.
SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a
subdivision as herein defined.
SUBDIVISION. All divisions of a tract or parcel of land into 2 or more lots, building sites or other
divisions for the purpose of sale or building development (whether immediate or future) and shall
include all divisions of land involving the dedication of a new street or a change in existing streets; but
the following shall not be included within this definition nor be subject to the regulations authorized by
this chapter:
(1) The combination or recombination of portions of previously subdivided and recorded lots
where the total number of lots is not increased and the resultant lots are equal to or exceed the
standards of this chapter;
(2) The division of land into parcels greater than 10 acres where no street right-of-way dedication
is involved;
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(3) The public acquisition by purchase of strips of land for the widening or opening of streets;
(4) The division of a tract in single ownership whose entire area is no greater than 2 acres into
not more than 3 lots, where no street rights-of-way dedication is involved and where the resultant lots
are equal to or exceed the standards of this chapter; and
(5) The division of a tract into plots or lots used as a cemetery.
TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing
agents) which after discharge and upon exposure, ingestion, inhalation or assimilation into any
organism, either directly from the environment or indirectly by ingestion through food chains, has the
potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological
malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities
in the organisms or their off spring or other adverse health effects.
VARIANCE.
(1) A permission to develop or use property granted by the Board of Adjustment relaxing or
waiving a water supply watershed management requirement adopted by the Environmental
Management Commission that is incorporated into this chapter.
(2) MAJOR VARIANCE. A variance that results in any one or more of the following:
(a) The complete waiver of a management requirement;
(b) The relaxation by a factor of more than 10%, of any management requirement that takes
the form of a numerical standard; or
(c) The relaxation of any management requirement that applies to a development proposal
intended to qualify under the high-density option.
(3) MINOR VARIANCE. A variance that does not qualify as a major variance.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to or
proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses,
docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and
commercial boat storage area are not water dependent structures.
WATERSHED. The entire land area contributing surface drainage to a specific point (e.g. the water
supply intake).
WATERSHED ADMINISTRATOR. The Liberty Town Manager who is responsible for administration
and enforcement of this chapter.
(Ord. passed - -)
§ 153.08 WORD INTERPRETATION.
For the purpose of this chapter, certain words shall be interpreted as follows.
(A) Words in the present tense include the future tense.
(B) Word uses in the singular number include the plural, and words used in the plural number
include the singular, unless the natural construction of the wording indicates otherwise.
(C) The word PERSON includes a firm, association, corporation, trust and company as well as an
individual.
(D) The word STRUCTURE shall include the word BUILDING.
(E) The word LOT shall include the words PLOT, PARCEL or TRACT.
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(F) The word SHALL is always mandatory and not merely directory.
(G) The word WILL is always mandatory and not merely directory.
(Ord. passed - -)
DEVELOPMENT REGULATIONS
§ 153.20 ESTABLISHMENT OF WATERSHED OVERLAY DISTRICTS.
(A) To provide an additional layer of protection for drinking water supply watersheds, the following
watershed overlay districts are established.
(B) Within each watershed shall be 2 tiers of control. The are nearest the water supply shall have
the higher level of regulation because approximately to the intake creates higher risk of contamination.
(C) The remaining part of the watershed balance of the watershed shall have less restriction
because the greater distance from the point of intake lower risk of contamination.
(D) The following overlay districts shall apply to the watersheds in Liberty:
(1) Sandy Creek; WS-III-BW (Balance of Watershed); and
(2) Rocky River; WS-III-BW (Balance of Watershed).
(Ord. passed - -)
§ 153.21 SANDY CREEK AND ROCK RIVER; BALANCE OF WATERSHED.
(A) In order to maintain a low to moderate land use intensity pattern, single-family detached uses
shall develop at a maximum of 2 dwelling units per acre. However, in the absence of public sewer, all
waste treatment must be permitted by the County Health Department, in which case the minimum lot
size is 40,000 square feet.
(B) All other residential and nonresidential development shall be allowed a maximum of 24% built-
upon area. In addition, non-residential uses may occupy 10% of each watershed with a 70% built-
upon area when approved as a special nonresidential intensity allocation (SNIA).
(C) The Town Council is authorized to consider a special use permit for SNIAs consistent with the
provisions of§§ 154.190 through 154.239.
(D) Projects must minimize built-upon surface area, direct storm water away from surface waters
and incorporate best management practices to minimize water quality impacts.
(E) Non-discharge landfills and sludge application sites are allowed, provided they are permitted
uses in the underlying zoning districts.
(1) Permitted uses:
(a) All uses permitted in the underlying zoning districts where the watershed is located subject
to the modifications below, unless specifically prohibited in division (E)(2) below;
(b) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food,
Agricultural, Conservation and Trade Act of 1990; and
(c) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water
Quality (15 NCAC 11.6101-0209).
(2) Prohibited uses:
(a) Discharging landfills;
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(b) New chemical storage tanks unless a spill containment plan for spill containment shall be
designed and certified by a professional engineer. Prior to the issuance of a certificate of occupancy, a
professional engineer shall provide certification that the spill containment was built according to the
plan. The continued maintenance of all spill containment measures shall be the responsibility of the
property owner; and
(c) Storage of toxic and hazardous materials unless plans for spill containment shall be
designed and certified by a professional engineer. Prior to the issuance of a certificate of occupancy, a
professional engineer shall provide certification that the spill containment was built according to the
plans. The continued maintenance of all spill containment measures shall be the responsibility of the
property owner.
(3) Density and built-upon limits:
(a) Single-family residential. Development shall not exceed 2 dwelling units per acre, as
defined on a project by project basis. No residential lot shall be less than 1/2 acre, except within an
approved cluster development. In the absence of public sewer, however, all waste treatment must be
permitted by the County Health Department, in which case the minimum lot size is 40,000 square feet;
and
(b) All other residential and non-residential. Development shall not exceed 24% built-upon area
on a project by project basis except that up to 10% of the balance of the watershed may be developed
for non-residential uses to 70% built-upon area on a project by project basis. For the purpose of
calculating built-upon area, total project area shall include total acreage in the tract on which the
project is to be developed.
(Ord. passed - -; Am. Ord. passed 8-25-2008; Am. Ord. passed 3-23-2009)
§ 153.22 CLUSTER DEVELOPMENT.
Clustering of development is allowed in all watershed areas under the following conditions.
(A) Minimum lot sizes are not applicable to single-family cluster development projects; however,
the total number of lots shall not exceed the number of lots allowed for single-family detached
developments in § 153.21 above.
(B) Built-upon area or storm water control requirements of the project shall not exceed that allowed
for the critical area or balance of watershed, whichever applies.
(C) All built-upon area shall be designed and located to minimize storm water runoff impact to the
receiving waters and minimize concentrated storm water flow.
(D) The remainder of the tract shall remain in a vegetated or natural state. Where the development
has an incorporated property owners association, the title of the open space area shall be conveyed to
the association for management.
(E) Where a property association is not incorporated, a maintenance agreement shall be filed with
the property deeds.
(Ord. passed - -)
§ 153.23 BUFFER AREAS REQUIRED.
(A) A minimum of 100-foot vegetative buffer is required for all new development activities that
exceed the low density option; otherwise, a minimum 50-foot vegetative buffer for development
activities is required along all perennial waters indicated on the most recent versions of U.S.G.S.
1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies.
Desirable artificial streambank or shoreline stabilization is permitted.
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(B) No new development is allowed in the buffer except for water dependent structures and public
projects such as road crossings and greenways where no practical alternative exists. These activities
should minimize built-upon surface area, direct runoff away from the surface waters and maximize the
utilization of storm water best management practices.
(Ord. passed - -) Penalty, see § 153.99
§ 153.24 RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA BOUNDARIES.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the watershed
map, the following rules shall apply.
(A) Where area boundaries are indicated as approximately following either street, alley, railroad or
highway lines or centerlines thereof; the lines shall be construed to be the boundaries.
(B) Where area boundaries are indicated as approximately following lot lines, the lot lines shall be
construed to be the boundaries. However, a surveyed plat prepared by a registered land surveyor may
be submitted to the town as evidence that 1 or more properties along these boundaries do not lie
within the watershed area.
(C) Where the watershed area boundaries lie at a scaled distance more than 25 feet from any
parallel lot line, the location of watershed area boundaries shall be determined by use of the scale
appearing on the watershed map.
(D) Where the watershed area boundaries lie at a scaled distance of 25 feet or less from any
parallel lot line, the location of watershed area boundaries shall be construed to be the lot line.
(E) Where other uncertainty exists, the Town Manager shall interpret the watershed map as to
location of the boundaries. This decision may be appealed to the Board of Adjustment.
(Ord. passed - -)
§ 153.25 APPLICATION OF REGULATIONS.
(A) No building or land shall hereafter be used and no development shall take place except in
conformity with the regulations herein specified for the watershed area in which it is located.
(B) No area required for the purpose of complying with the provisions of this chapter shall be
included in the area required for another building.
(C) Every residential building hereafter erected, moved or structurally altered shall be located on a
lot which conforms to the regulations herein specified, except as permitted in § 153.26 below.
(D) If a use or class of use is not specifically indicated as being allowed in a watershed area, the
use or class of use is prohibited.
(Ord. passed - -) Penalty, see § 153.99
§ 153.26 EXISTING DEVELOPMENT.
(A) Any existing development as defined in §§ 154.135 through 154.147 may be continued and
maintained subject to the provisions provided herein.
(B) Expansions to structures classified as existing development must meet the requirements of this
chapter, however, the built-upon area of the existing development is not required to be included in the
density calculations.
(1) Vacant lots. This category consists of vacant lots for which plats or deeds have been recorded
in the Office of the Register of Deeds of Randolph County. Lots may be used for any of the uses
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allowed in the watershed area in which it is located, provided the following:
(a) Where the lot area is below the minimum specified in this chapter the owner may apply for a
variance, which provides for compliance with the buffer requirement to the maximum extent
practicable. The Town Manager is authorized to issue a watershed protection permit; and
(b) Where the buffer standard needs to be modified due to the shape and/or size of a
residential or non-residential lot, the owner may apply for a variance in order to obtain a watershed
protection permit, provided the buffer requirement is complied with to the maximum extent practicable.
The procedures for obtaining a minor or major variance are found in § 153.47 below.
(2) Occupied lots. This category consists of lots, occupied for residential purposes at the time of
the adoption of this chapter. These lots may continue to be used.
(3) Uses of land. This category consists of uses existing at the time of adoption of this chapter
where the use of land is not permitted to be established hereafter in the watershed area in which it is
located. Those uses may be continued except as follows:
(a) When the use of land has been charged to an allowed use, it shall not thereafter revert to
any prohibited use;
(b) Use of land shall be changed only to an allowed use; and
(c) When the use ceases for a period of at least 1 year, it shall not be reestablished.
(4) Reconstruction of buildings or built-upon areas. Any existing building or built-upon area not in
conformance with the restrictions of this chapter that has been damaged or destroyed by any means
to an extent of more than 50% of its replacement cost or bulk, exclusive of foundations and land value
may be repaired and/or reconstructed, except that there are no restrictions on single-family residential
development, provided:
(a) Repair or reconstruction is initiated within 12 months and completed within 2 years of the
damage; and
(b) The total amount of space devoted to built-upon area may not be increased unless storm
water control that equals or exceeds the previous development is provided.
(Ord. passed - -; Am. Ord. passed 9-26-2005)
§ 153.27 WATERSHED PROTECTION PERMIT.
(A) Except where a single-family residence is constructed on a lot deeded prior to the effective date
of this chapter, no building or built-upon area shall be erected, moved, enlarged or structurally altered,
nor shall any building permit be issued nor shall any change in the use of any building or land be
made until a watershed protection permit has been issued by the Town Manager.
(B) No watershed protection permit shall be issued except in conformity with the provisions of this
chapter.
(C) Watershed protection permit applications shall be filed with the Town Manager. The application
shall include a completed application form and supporting documentation deemed necessary by the
Town Manager.
(D) Prior to issuance of a watershed protection permit, the Town Manager may consult with
qualified personnel for assistance to determine of the application meets the requirements of this
chapter.
(E) A watershed protection permit shall expire if a building permit or watershed occupancy permit
for the use is not obtained by the applicant within 12 months from the date of issuance.
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(Ord. passed - -)
§ 153.28 BUILDING PERMIT REQUIRED.
After receiving a watershed protection permit, a building permit shall be obtained from the Randolph
County Inspections Department for construction or alteration of any building or structure pursuant to
the procedures of the County Inspections Department.
(Ord. passed - -)
§ 153.29 WATERSHED PROTECTION OCCUPANCY PERMIT.
(A) The Town Manager shall issue a watershed protection occupancy permit certifying that all
requirements of this chapter have been met prior to the occupancy or use of a building hereafter
erected, altered or moved and/or prior to the change of use of any building or land.
(B) A watershed protection occupancy permit, either for the whole or part of a building, shall be
applied for at the same time as the application for a watershed protection permit and shall be issued
or denied within 10 days after the erection or structural alterations of the building.
(C) When only a change in use of land or existing building occurs, the Town Manager shall issue a
watershed protection occupancy permit certifying that all requirements of this chapter have been met
at the same time the watershed protection permit is issued.
(D) If the watershed protection occupancy permit is denied, the Town Manager shall notify the
applicant in writing stating the reasons for denial.
(E) No building or structure which has been erected, moved or structurally altered may be occupied
until the Manager has approved and issued a watershed protection occupancy permit.
(Ord. passed - -) Penalty, see § 153.99
PUBLIC HEALTH; ADMINISTRATION; ENFORCEMENT; APPEALS
§ 153.40 PUBLIC HEALTH IN GENERAL.
(A) No activity, situation, structure or land use shall be allowed within the watershed, which poses a
threat to water quality and the public health, safety and welfare.
(B) Conditions may arise from inadequate on-site sewage systems which utilize ground absorption;
inadequate sedimentation and erosion control measures; the improper storage or disposal of junk,
trash or other refuse within a buffer area; the absence or improper implementation of a spill
containment plan for toxic and hazardous materials; the improper management of storm water runoff;
or any other situation found to pose a threat to water quality.
(Ord. passed - -) Penalty, see § 153.99
§ 153.41 ABATEMENT.
(A) The Town Manager shall monitor land use activities within the watershed areas to identify
situations that may pose a threat to water quality.
(B) The Town Manager shall report all findings to the Board of Adjustment. The Manager may
consult with any public agency or official and request recommendations.
(C) Where the Board of Adjustment 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.
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(Ord. passed - -)
§ 153.42 WATERSHED ADMINISTRATOR; DUTIES.
(A) The Liberty Town Manager is hereby appointed the Watershed Administrator, who shall be duly
sworn in that capacity.
(B) It shall be the duty of the Town Manager acting as Watershed Administrator to administer and
enforce the provisions of this chapter as follows:
(1) The Town Manager 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 Town Manager;
(2) The Town Manager shall serve as Clerk to the Board of Adjustment, which sits as the
Watershed Review Board;
(3) The Town Manager shall keep records of all amendments to the Town's Water Supply
Watershed Protection Chapter and shall provide copies of all amendments upon adoption to the
Supervisor of the Classification and Standards Group, Water Quality Section, Division of
Environmental Management;
(4) (a) The Town Manager shall keep records of the jurisdictions utilization of the provision that
a maximum of 10% of the non-critical area of WS-III-BW watersheds may be developed with non-
residential development to a maximum of 70% built-upon surface area.
(b) 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 record for each project with the following information: location, acres, site plan, use, storm
water management plan as applicable and inventory of hazardous materials as applicable;
(5) The Town Manager is granted the authority to administer and enforce the provisions of this
chapter, exercising in the fulfillment of his or her responsibility the full police power of the town. The
Town Manager, or his or her duly authorized representative, may enter any building, structure or
premises, as provided by law, to perform any duty imposed upon him or her by this chapter; and
(6) (a) The Town Manager shall keep a record of variances to the local Water Supply Watershed
Protection Chapter.
(b) This record shall be submitted to the Supervisor of the Classification and Standards Group,
Water Quality Section, Division of Environmental Management on an annual basis and shall provide a
description of each project receiving a variance and the reasons for granting the variance.
(Ord. passed - -; Am. Ord. passed 8-25-2008)
§ 153.43 APPEAL FROM THE TOWN MANAGER.
Any order, requirement, decision or determination made by the Town Manager may be appealed to
and decided by the Board of Adjustment as specified in § 154.047.
(Ord. passed - -)
§ 153.44 CHANGES AND AMENDMENTS TO THE WATERSHED PROTECTION CHAPTER.
(A) The Liberty Town Council may, on its own motion or on petition, after public notice and hearing,
amend, supplement, change or modify the watershed regulations and restrictions as described herein.
(B) No action shall be taken until the proposal has been submitted to the Board of Adjustment for
review and recommendation. If no recommendation has been received from the Board of Adjustment
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within 45 days after submission of the proposal to the Chairperson of the Board of Adjustment, the
Town Council may proceed as though a favorable report had been received.
(C) Under no circumstances shall the Town Council adopt the amendments, supplements or
changes that would cause this chapter to violate the watershed protection rules as adopted by the
North Carolina Environmental Management Commission. All amendments must be filed with the North
Carolina Division of Environmental Management, North Carolina Division of Environmental Health and
the North Carolina Division of Community Assistance.
(Ord. passed - -)
§ 153.45 PUBLIC NOTICE AND HEARING REQUIRED.
Before adopting or amending this chapter, the Town Council shall hold a public hearing on the
proposed changes. A notice of the public hearing shall be given once a week for 2 successive
calendar weeks in a newspaper having general circulation in the area.
(Ord. passed - -)
§ 153.46 WATERSHED REVIEW BOARD.
The Liberty Board of Adjustment shall serve as the Watershed Review Board. The same rules of
procedure as specified in the Zoning Chapter shall apply.
(Ord. passed - -)
§ 153.47 POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT ACTING AS WATERSHED
REVIEW BOARD.
(A) Administrative review. The Board of Adjustment shall hear and decide appeals from any
decision or determination made by the Town Manager in the enforcement of this chapter.
(B) Variances. The Board of Adjustment shall have the power to authorize, in specific cases, minor
variances from the terms of this chapter as will not be contrary to the public interests where, owing to
special conditions, a literal enforcement of this chapter will result in practical difficulties or
unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare
secured and substantial justice done.
(1) Application for a variance shall be made on the proper form obtained from the Town Manager
and shall include information required by the Planning Department, at a minimum:
(a) A site plan, drawn to scale, indicating the property lines of the parcel upon which the use is
proposed; and existing or proposed structures; parking areas and other built-upon areas; surface
water drainage;
(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 Board of Adjustment in
considering the application; and
(c) The Town Manager shall notify in writing each local government having jurisdiction in the
watershed. The notice shall include a description of the variance bring requested. Local governments
receiving notice of the variance request may submit comments to the Town Manager prior to a
decision by the Board of Adjustment. The comments shall become a part of the record of proceedings
of the Board of Adjustment.
(2) Before the Board of Adjustment may grant a variance, it shall make the following 3 findings,
which shall be recorded in the permanent record of the case, and shall include the factual reasons on
which they are based:
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(a) That there are practical difficulties or unnecessary hardships in the way of carrying out the
strict letter of this chapter. In order to determine that there are practical difficulties or unnecessary
hardships, the Board must find that the 5 following conditions exist:
1. If he or she complies with the provisions of this chapter, the applicant can secure no
reasonable return from, nor make reasonable use of, his or her 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 an variance. Moreover, the Board shall consider whether the variance is
the minimum possible deviation from the terms of this chapter that will make possible the reasonable
use of his or her property;
2. The hardship results from the application of this chapter to the property rather than from
other factors such as deed restriction or other hardship;
3. The hardship is due to the physical nature of the applicant's property, such as its size,
shape or topography, which is different from that of neighboring property;
4. The hardship is not the result of the actions of an applicant who knowingly or unknowingly
violates this chapter, or who purchases the property after the effective date of this chapter, and then
comes to the Board for relief; and
5. The hardship is peculiar to the applicant's property, rather than the result of conditions that
are widespread. If other properties are equally subject to the hardship created in the restriction, then
granting a variance would be a special privilege denied to others, and would not promote equal
justice.
(b) That the variance is in harmony with the general purpose and intent of this chapter and
preserves its spirit; and
(c) That in the granting of the variance, the public safety and welfare have been assured and
substantial justice has been done. The Board shall not grant a variance if it finds that doing so would
in any respect impair the public health, safety or general welfare.
(3) In granting the variance, the Board may attach the 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 chapter. If a variance for the construction, alteration or use of
property is granted, the construction, alteration or use shall be in accordance with the approved site
plan.
(4) The Board of Adjustment shall refuse to hear an appeal or an application for a variance
previously denied if it finds that there have been no substantial changes in conditions or
circumstances bearing on the appeal or application.
(5) A variance issued in accordance with the section shall be considered a watershed protection
permit and shall expire if a building permit or watershed occupancy permit for the use is not obtained
by the applicant within 6 months from the date of the decision.
(6) If the application calls for the granting of a major variance, and if the Board of Adjustment
decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing
with all deliberate speed. The preliminary record of the hearing shall include:
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof objections to evidence and rulings on them;
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(e) Proposed findings and exceptions;
(f) The proposed decision, including all conditions proposed to be added to the permit.
(7) The preliminary record shall be sent to the Environmental Management Commission for its
review as follows:
(a) If the Commission concludes from the preliminary record that the variance qualifies as a
major variance and that:
1. The property owner can secure no reasonable return from, nor make any practical use of
the property unless the proposed variance is granted; and
2. The variance, if granted, will not result in a serious threat to the water supply, then the
Commission shall approve the variance as proposed or approve the proposed variance with
conditions and stipulations. The Commission shall prepare a Commission decision and send it to the
Watershed Review Board. If the Commission approves the variance as proposed, the Board shall
prepare a final decision granting the proposed variance. If the Commission approves the variance with
conditions and stipulations, the Board shall prepare a final decision, including the conditions and
stipulations, granting the proposed variance.
(b) If the Commission concludes from the preliminary record that the variance qualifies as a
major variance and that:
1. The property owner can secure a reasonable return from and make a practical use of the
property without the variance; or
2. The variance, if granted, will result in a serious threat to the water supply, then the
Commission shall deny approval of the variance as proposed. The Commission shall prepare a
Commission decision and send it to the Board of Adjustment. The Board shall prepare a final decision
denying the variance as proposed.
(C) Subdivision approval. See §§ 153.05 and 153.06.
(D) Public health. See §§ 153.40 and 153.41.
(Ord. passed - -)
§ 153.48 APPEALS FROM THE BOARD OF ADJUSTMENT.
Appeals from the Board of Adjustment must be filed with the Superior Court within 30 days from the
date of the decision. The decisions of the Superior Court will be in the manner of certiorari.
(Ord. passed - -)
§ 153.99 PENALTY.
(A) Any person violating any provisions of this chapter shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with G.S. § 14-4. The maximum fine for each offense
shall not exceed $500. Each day that the violation continues shall constitute a separate offense.
(B) (1) If any subdivision, development and/or land use is found to be in violation of this chapter,
the Town Council may, in addition to all other remedies available either in law or in equity, institute a
civil penalty in the amount of$100, action or proceedings to restrain, correct or abate the violation; to
prevent occupancy of the building, structure or land; or to prevent any illegal act, conduct business or
use in or about the premises. In addition, the North Carolina Environmental Management Commission
may assess civil penalties in accordance with G.S. § 143-215.6A. Each day that the violation
continues shall constitute a separate offense.
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(2) If the Town Manager finds that any of the provisions of this chapter are being violated, he or
she shall notify in writing the person responsible for the violation, indicating the nature of the violation,
and ordering the action necessary to correct it. He or she shall order discontinuance of the illegal use
of land, buildings or structures; removal of illegal building or structures, or of additions, alterations or
structural changes thereof; discontinuance of any illegal work being done; or shall take any action
authorized by this chapter to ensure compliance with or to prevent violation of its provisions. If a ruling
of the Town Manager is questioned, the aggrieved party or parties may appeal the ruling to the Board
of Adjustment.
(Ord. passed - -)
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