1997/04/21 Amendments to Harnett County Water Supply Watershed Management and Protection Ordinance p c\ tc Book 1, Pe. Sc-, 4[c5
HARNETT COUNTY
NORTH CAROLINA
AMENDMENTS TO THE HARNETT COUNTY WATER SUPPLY WATERSHED
MANAGEMENT AND PROTECTION ORDINANCE
WHEREAS, the Board of Commissioners of Harnett County adopted an
ordinance entitled the Harnett County Water Supply Watershed Management and
Protection Ordinance on November 15, 1993 for the purpose of promoting the health,
safety and general welfare of the county residents; and
WHEREAS, this Ordinance was adopted under authority granted by the General
Assembly of the State of North Carolina in G.S. 153A, Article 6, Section 121 and
Chapter 143, Article 21 of the Watershed Protection Rules; and
WHEREAS, as provided by Article 400, Section 403 of this Ordinance these
amendments have been submitted to the Harnett County Planning board for review and
recommendation where they have been favorably reported; and
WHEREAS, pursuant to the North Carolina General Statutes, after notice as by
law required, a public hearing has been held by the Board of Commissioners of Harnett
County concerning adoption of these amendments;
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of
Harnett County, North Carolina pursuant to the North Carolina General Statutes 153A
and 143-21 that the following amendments be made to the Water Supply Watershed
Management and Protection Ordinance:
1. Article 100, Section 103, Paragraph D - Delete: A pre-existing lot owned by an
individual prior to the effective date of this Ordinance, regardless of whether or not a
vested right has been established, may be developed for single family residential
purposes without being subject to the restrictions of this Ordinance. Add: 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.
2. Article 200, Section 201 - delete WSIII-PA (Protected Area) and replace with:
WSIII-BW (Balance of Watershed).
3. Article 200, Section 202, Paragraph A - delete reference to five percent (5%) in
the sixth line and replace with ten percent (10%).
4. Article 200, Section 202, Paragraph A, Sub-Paragraph 2 (b) - delete reference to
five percent (5%) in the fifth line and replace with ten percent (10%)
5. Article 200, Section 202, Paragraph B, Sub-Paragraph (1), Sub-Section (a) -
delete: Agricultural activities conducted after January 1, 1993 shall maintain a minimum
ten (10) feet 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.
6. Article 200, Section 202, Paragraph A, Sub-Paragraph 1, Sub-Section (d) - delete:
and the storage of toxic and hazardous materials unless a spill containment plan is
implemented.
7. Article 200, Section 202, Paragraph B, Sub-Paragraph 2, Sub-Section (b) - add
the following to the end of the third sentence: except that up to ten percent (10%) of the
protected area may be developed for non-residential uses to seventy percent (70%) built
upon area on a project-by-project basis.
8. Article 200, Section 202, Paragraph B, Sub-Paragraph I, Sub-Section (d) -delete:
(1) the storage of toxic and hazardous materials unless a spill containment plan is
implemented.
9. Article 200, Section 202, Paragraph C, Sub-Paragraph 1, Sub-Section (d) - delete:
excluding the storage of toxic and hazardous materials unless a spill containment plan is
implemented.
10. Article 200, Section 203, Paragraph A - delete: Built upon area or stormwater
control requirements of the project shall not exceed that allowed for the critical area or
protected area, whichever applies.
11. Article 200, Section 203, Paragraph C - delete: Where the development has an
incorporated property owners association, the title of the open space area shall be
conveyed to the association for management. add: Title to the open space area shall be
conveyed to an incorporated homeowners association for management; to a local
government for preservation as a park or open space or to a conservation organization for
preservation in a permanent easement.
12. Article 200, Section 204, Paragraph B - delete: 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. add: No new development
is allowed in the buffer except that 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 alternatives exists.
13. Article 200, Section 206, Paragraph C - delete: Every residential building
hereafter erected, moved or structurally altered shall be located on a lot which conforms
to the regulations herein specified, except as permitted in Section 20T
14. Article 200, Section 207 - delete paragraph A: Vacant lots. This category consists
of vacant lots for which plats (or deeds if recorded prior to 1977) have been recorded in
the Office of Register of Deeds of Harnett County. Lots may be used for any of the uses
allowed in the watershed area in which it is located; and, where the lot area is below the
minimum specified in this Ordinance the Watershed Administrator is authorized to issue
a watershed protection permit. delete paragraph B: 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 shall be
changed only to an allowed use, it shall not thereafter revert to any prohibited use. 2.
Such use of land shall be changed only to an allowed use. 3. When such use ceases for a
period of ninety (90) consecutive days, it shall not be reestablished.
15. Article 400, Section 401, Paragraph C - delete: The Watershed Administrator
shall keep records of the County's utilization of the provision that a maximum of five
percent (5%) of the non-critical area of WS III - PA Watersheds may be developed with
non- residential development to a maximum of seventy percent (70%) built-upon surface
area. add: The Watershed Administrator shall keep records of the county's utilization of
the provision that a maximum of ten percent (10%) of the non-critical area of WS III-PA
watersheds may be developed with non-residential development to a maximum of
seventy percent (70%)built-upon surface area.
16. Article 500, Section 501. General Definitions- delete: Discharging Landfill - A
facility with liners, monitoring equipment and other measures to detect and/or prevent
leachate from entering the environment and in which the leachate is treated on site and
discharged to a receiving stream. add: Discharging Landfill - A landfill which discharges
treated leachate and which requires a National Pollution Discharge Elimination System
(NPDES) permit.
17. Article 500, Section 501 - General Definitions - Existing Development: In the
introductory paragraph delete: Those projects that are built or those projects that a
minimum have established a vested right under North Carolina zoning law as of the
effective date of this Ordinance based on at least one of the following criteria. add: For
projects that do not require a state permit, existing development is projects that at a
minimum have established a vested right under North Carolina zoning law as of the
effective date of this Ordinance based on at lease one (1) of the following criteria delete:
having expended substantial resources (time, labor, money) and having an approved site
specific or phased development plan as authorized by the General Statutes (GS 153A-
344.1 and G.S. 160A-385.1). add: having an approved site specific or phased
development plan as authorized by the North Carolina General Statutes.
18. Article 500, Section 501 - General Definitions - delete: Hazardous Material- Any
substance as such in: SARA Section 302, Extremely Hazardous Substances, CERCIA
Hazardous Substances, or Section 311 of CWA (oil and hazardous substances).
19. Article 500 - Section 501 - General Definitions - Major Variance - delete: A
variance that results in any one or more of the following: add: A variance from the
minimum state wide water supply watershed protection rules that results in any one (1) or
more of the following: -delete: I. the complete waiver of a management requirement;
delete: 3. petitions to increase Residential Density or Built Upon percentage; add:
petitions to increase built upon percentage of up to ten percent (10%).
20. Article 500 - Section 501 - General Definitions - add: Nonconforming Lot of
Record - A lot described by a plat or a deed that was recorded prior to the effective date
of this Ordinance (or its amendments) that does not meet the minimum lot size or other
development requirements of this Ordinance. (Note: should be shown after minor
variance)
21. Article 500 - Section 501 - General Definitions - add: Protected Area - The area
adjoining and up stream of the critical area of W S1V watershed. The boundaries of the
protected area are defined as within five (5) miles of and draining to the normal pool
elevation of the reservoir or to the ridgeline of the watershed; or within 10 miles
upstream; and draining to the intake located directly in the stream or river or to the
ridgeline of the watershed.
22. Article 500, Section 501 - General Definitions - delete: Single Family Dwelling -
A site built structure containing only one (I) dwelling unit. No lot shall contain more
than two (2)dwellings. add; Single Family Dwelling - A site built structure, a modular
structure built to N.C. Building Code requirements or a manufactured home built to
H.U.D. Requirements located on individual lots or within manufactured home parks are
considered to be single family dwellings for purposes of this Ordinance.
Duly adopted this 21st day of April, 1997 and effective upon adoption.
P 1ij; , HARNETT COUNTY BOARD OF COMMISSIONERS
V Al ` ` r ,r 'i: Il/WMA ♦�. e/4j
4 .41... . i\ : Dan B. Andrews, Chairman
ATTEST: rUtrl`,' +lt;r
Kay W. Blanchard,
Clerk to the Board
amend/watershe.amn