§ 66-52. Watershed areas described.

(a)

WS-IV Watershed Areas—Critical Area (WS-IV-CA). Only new development activities that require an erosion/sedimentation control plan under state law 15A NCAC Chapter 4 are required to meet the provisions of this chapter when located in the WS-IV watershed. In order to address a moderate to high land use intensity pattern, single family residential uses are allowed at a minimum of 20,000 square feet per dwelling unit. All other residential and nonresidential development shall be allowed 24 percent built-upon area. New residual application sites and landfills are specifically prohibited.

(1)

Allowed uses:

a.

Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990. Agricultural activities conducted after January 1, 1993, shall maintain a minimum 10-foot vegetative buffer, or equivalent control as determined by the Soil and Water Conservation Commission, along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Animal operations greater than 100 animal units shall employ best management practices by July 1, 1994, recommended by the soil and water conservation commission.

b.

Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1I.6101-.0209).

c.

Residential.

d.

Nonresidential development, excluding: (1) landfills and (2) sites for land application of residuals or petroleum contaminated soils.

(2)

Density and built-upon limits:

a.

Single Family Residential—Development shall be a minimum of 20,000 square feet on a project by project basis. No residential lot shall be less than 20,000 square feet, except within an approved cluster development.

b.

All Other Residential and Nonresidential—Development shall not exceed 24 percent built-upon area on a project by project basis. For the purpose of calculating the built-upon area, total project area shall include total acreage in the tract on which the project is to be developed. When the total project areas involves the development of public streets, the built-upon area in those new streets is included in the calculation of the built-upon area for the project. As a result, the allowable, built-upon area for the remaining lot or lots shall be adjusted to account for the built-upon area of the street. Any final subdivision plat, zoning permit and conditional use permit for the project shall indicate the maximum permitted square feet of built-upon area for each parcel.

(b)

WS-IV Watershed Areas—Protected Area (WS-IV-PA). Only new development activities that require an erosion/sedimentation control plan under state law 15A NCAC Chapter 4 are required to meet the provisions of this chapter when located in a WS-IV watershed. In order to address a moderate to high land use intensity pattern, single family residential uses shall be developed at a minimum 20,000 square feet per dwelling unit. All other residential and nonresidential development shall be allowed at a maximum of 24 percent built-upon area. A maximum of three dwelling units per acre or 36 percent built-upon area is allowed for projects without a curb and gutter street system.

(1)

Uses allowed:

a.

Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990.

b.

Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1I.6101-.0209).

c.

Residential development.

d.

Nonresidential development, excluding the storage of toxic and hazardous materials unless a spill containment plan is implemented.

(2)

Density and built-upon limits:

a.

Single Family Residential—Development shall be developed at a minimum of 20,000 square feet per dwelling unit, as defined on a project by project basis. No residential lot shall be less than 20,000 square feet for projects with curb and gutter, or one-third acre for projects without a curb and gutter system, except within an approved cluster development.

b.

All Other Residential and Nonresidential—Development shall not exceed 24 percent built-upon area on a project by project basis. For projects without a curb and gutter street system, development shall not exceed 36 percent built-upon area on a project by project basis. For the purpose of calculating built-upon area, total project area shall include acreage in the tract on which the project is to be developed. When the total project area involves the development of public streets, the built-upon area in those new streets is included in the calculation of the built-upon area for the project. As a result, the allowable built-upon area for the remaining lot or lots shall be adjusted to account for the built-upon area of the street. Any final subdivision plat, zoning permit and conditional use permit for the project shall indicate the maximum permitted square feet of built-upon area for each parcel.

(Ord. of 11-1-93, § 302; Ord. of 5-5-97(11), § 1; Ord. of 5-5-97(12), § 1)