HomeMy WebLinkAbout04/21/97 Water Supply Watershed Text Amendments 11/15/93 - 4/21/971
�FIILED
BOOKI_(; " FAG
'97 RUG 14 FM 3 36
GAYLE F.11OLDER
• HARNETT COUNTY REGISTER OF DEEDS
HARiiETT ^OU "ITY, NC
WATER SUPPLY WATERSHED
is
•
MANAGEMENT AND PROTECTION
ORDINANCE
Adopted November 15, 1993
Effective: January 1, 1994
Amended Through April 21, 1997
HARNETT COUNTY BOARD OF COMMISSIONERS
H. L. Sorrell, Chairman
Beatrice Bailey Hill, Vice Chairman
Walt Titchener
Dan Andrews
Joe Bowden
flew p'J� 7&
NOV 4 1998
I
2
TABLE OF CONTENTS
ARTICLE 100:
AUTHORITY AND GENERAL REGULATIONS .................
4
Section
Section
101.
Authority and Enactment .......................
4
Section
102.
Jurisdiction ... ...............................
4
Appeal From the Watershed Administrator......
Section
103.
Exceptions to Applicability ...................
4
Section
104.
Criminal Penalties ............................
5
Section
Section
105.
Remedies ....... ...............................
5
405.
Section
Section
106.
107.
Severability ... ...............................
Effective Date . ...............................
6
6
•
16
Section
407.
Powers and Duties of the Watershed Review
ARTICLE 200:
DEVELOPMENT REGULATIONS ...........................
6
16
Section
201.
Establishment of Watershed Areas ..............
6
Section
202.
Watershed Areas Described ....................
6
Section
203.
Cluster Development ..........................
10
Section
204.
Buffer Areas Required ........................
10
Section
205.
Rules Governing the Interpretation of
Watershed Area Boundaries ....................
10
Section
206.
Application of Regulations ...................
11
Section
207.
Existing Development .........................
12
Section
208.
Watershed Protection Permit ..................
12
Section
209.
Building Permit Required .....................
13
Section
210.
Watershed Protection Occupancy Permit........
13
ARTICLE 300: PUBLIC HEALTH REGULATIONS ......................... 13
Section 301. Public Health, in general .................... 13
Section 302. Abatement ..... ............................... 14
ARTICLE 400.
ADMINISTRATION, ENFORCEMENT AND APPEALS ..........
14
Section
401.
Watershed Administrator and Duties
thereof....... ...............................
14
Section
402.
Appeal From the Watershed Administrator......
15
Section
403.
Changes and Amendments to the Watershed
Protection Ordinance .........................
16 •
Section
404.
Public Notice and Hearing Required...........
16
Section
405.
Establishment of Watershed Review Board......
16
Section
406.
Rules of Conduct for Members .................
16
Section
407.
Powers and Duties of the Watershed Review
Board......... ...............................
16
Section
408.
Appeals from the Watershed Review Board......
21
ARTICLE 500. DEFINITIONS ....... ............................... 21
Section 501. General Definitions .......................... 21
Section 502. Word Interpretation .......................... 27
AppendixA ...................... ............................... 28
Application Form ........... ............................... 28
Watershed Protection Permit Plan Checklist ................31
BARNETT COUNTY WATER SUPPLY WATERSHED MANAGEMENT PLAN.......... 32
BARNETT COUNTY RESPONSE PLAN .... ............................... 33
•
WATERSHED PROTECTION ORDINANCE
ARTICLE 100: AUTHORITY AND GENERAL REGULATIONS
Section 101. Authority and Enactment.
The Legislature of the State of North Carolina has, in
Chapter 153A, Article 6, Section 121, General Ordinance Authority;
and in Chapter 143, Article 21, Watershed Protection Rules,
• delegated the responsibility or directed local governmental units
to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry. The Board of County
Commissioners of Harnett County, North Carolina does hereby ordain
and enact into law the following articles as the Watershed
Protection Ordinance of Harnett County.
Section 102. Jurisdiction.
The provisions of this Ordinance shall apply within the areas
designated as a Public Water Supply Watershed by the N.C.
Environmental Management Commission and shall be defined and
established on the map entitled, "Watershed Protection Map of
Harnett County, 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 Ordinance. This Ordinance shall be
permanently kept on file in the office of the Harnett County
Planning Department.
Section 103. Exceptions to Applicability.
A. Nothing contained herein shall repeal, modify, or amend
any Federal or State law or regulation, or any
ordinance or regulation pertaining thereto except any
ordinance which these regulations specifically replace;
nor shall any provision of this Ordinance amend,
• modify, or restrict any provision of the Code of
Ordinances of Harnett County; however, the adoption of
this Ordinance shall and does amend any and all
ordinances, resolutions, and regulations in effect in
Harnett County at the time of the adoption of this
Ordinance that may be construed to impair or reduce the
effectiveness of this Ordinance or to conflict with any
of its provisions.
B. It is not intended that these regulations interfere
with any easement, covenants or other agreements
between parties. However, if the provisions of these
regulations impose greater restrictions or higher
standards for the use of a building or land, then the
provisions of these regulations shall control.
C. Existing development, as defined in this Ordinance, is
not subject to the requirements of this Ordinance.
Expansions to structures classified as existing
development must meet the requirements of this
Ordinance, however, the built upon area of the existing
development is not required to be included in the
density calculations.
D. If a non - conforming lot of record is not contiguous to
any other lot owned by the same party, then that lot of
• record shall not be subject to the development
restrictions of this Ordinance if it is developed for
single- family residential purposes.
Section 104. Criminal Penalties.
Any person violating any provisions of this Ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished
in accordance with 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.
I
E
L
Section 105. Remedies.
A. If any subdivision, development and /or land use is
found to be in violation of this Ordinance, the Harnett
County Board of County Commissioners may, in addition
to all other remedies available either in law or in
equity, institute a civil penalty in the amount of
$500.00, action or proceedings to restrain, correct, or -
abate the violation; to prevent occupancy of the
building, structure, or land; or to prevent any illegal
act, conduct, business, or use in or about the
premises. In addition, the N.C. Environmental •
Management Commission may assess civil penalties in
accordance with G.S. 143- 215.6(a). Each day that the
violation continues shall constitute a separate
offense.
B. If the Watershed Administrator finds that any of the
provisions of this Ordinance are being violated, he
shall notify in writing the person responsible for such
violation, indicating the nature of the violation, and
ordering the action necessary to correct it. He shall
order discontinuance of the illegal use of land,
buildings or structures; removal of illegal buildings
or structures, or of additions, alterations or
structural changes thereto; discontinuance of any
illegal work being done; or shall take any action
authorized by this Ordinance to ensure compliance with
or to prevent violation of its provisions. If a ruling
of the Watershed Administrator is questioned, the
aggrieved party or parties may appeal such ruling to
the Watershed Review Board.
Section 106. Severability.
Should any section or provision of this Ordinance be declared
invalid or unconstitutional by any court of competent •
jurisdiction, the declaration shall not affect the validity of
this Ordinance as a whole or any part thereof that is not
specifically declared to be invalid or unconstitutional.
Section 107. Effective Date.
This Ordinance shall take effect and be in force on January
1, 1994.
ARTICLE 200: DEVELOPMENT REGULATIONS
Section 201. Establishment of Watershed Areas.
The purpose of this Article is to list and describe the
watershed areas herein adopted.
For purposes of this Ordinance Harnett County is hereby
divided into the following areas, as appropriate:
WS- III -BW (Balance of Watershed)
WS -IV -CA (Critical Area)
WS -IV -PA (Protected Area)
Section 202. Watershed Areas Described
A. WS -rII Watershed Areas - Balance of Watershed (WS- III -BW)
In order to maintain a low to moderate land use
intensity pattern, single family detached uses shall develop
at a maximum of two (2) dwelling units per acre. All other
residential and non - residential development shall be allowed
a maximum of twenty -four percent (24$) built -upon area. In •
addition, non - residential uses may occupy ten percent (109x)
of the watershed with a seventy percent (70%) built -upon area
when approved as a Special Nonresidential Intensity
Allocation (SNIA). The Harnett County Board of Adjustment is
authorized to approve SNIA's as a conditional use consistent
with the provisions of this Ordinance. Projects must 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 sludge
application sites are allowed.
1. Allowed Uses:
(a) Agriculture, subject to the provisions of the
Food Security Act of 1985 and the Food,
Agricultural, Conservation and Trade Act of
1990.
(b) Silviculture, subject to the provisions of
the Forest Practices Guidelines Related to
Water Quality (15 NCAC II.6101- .0209).
(c) Residential development
(d) Non - residential development excluding
discharging landfills
2. Density and Built -upon Limits:
(a) Single Family Residential - development shall
not exceed two (2) dwelling units per acre on
a project by project basis. No residential
lot shall be less than one -half (1/2) acre,
except within an approved cluster
development.
(b) All other Residential and Non-Residential-
Development shall not exceed twenty -four
percent (24t) built -upon area on a project by
project basis except that up to ten percent
(10t) of the protected area may be developed
for non - residential uses to seventy percent
(70t) 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.
B. WS -IV Watershed Areas - Critical Area (WS- IV -CA) . Only
new development activities that require an
erosion /sedimentation control plan under State law or
approved local program are required to meet the
provisions of this Ordinance when located in the WS -IV
watershed. In order. to address a moderate to high land
use intensity pattern, single family residential uses
are allowed at a maximum of two (2) dwelling units per
acre. All other residential and non - residential
development shall be allowed at twenty four percent
(241k) built -upon area. New sludge application sites
and landfills are specifically prohibited.
1. Allowed Uses:
(a) Agriculture subject to the provisions of the
Food Security Act of 1985 and the Food,
Agriculture, Conservation and Trade Act of
1990.
(b) Silviculture, subject to the provisions of
the Forest Practices Guidelines Related to
Water Quality (15 NCAC II.6101- .0209).
(c) Residential
(d) Non - residential development, excluding: (1)
landfills, and two (2) sites for land
application of sludge /residual a or petroleum
contaminated soils.
2. Density and Built -upon Limits:
(a) Single Family Residential- development shall
not exceed two (2) dwelling units per acre on
a project by project basis. No residential
lot shall be less than one -half (1/2) acre,
except within an approved cluster
development.
5
F,
[:
(b) All other Residential and Non - Residential
Development shall not exceed twenty -four
percent (2410 built -upon area on a project by
project basis. For projects without a curb
and gutter street system, development shall
not exceed thirty -six percent (361) built -
upon area on a project by project basis.
EXCEPTION FOR NON- RESIDENTIAL USES: Up to ten
percent (101) of the protected area may be
developed for non - residential uses to seventy
percent (701) 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.
C. WS -IV Watershed Area - Protected Area (WS- IV -PA) . Only
new development activities . that require an
erosion /sedimentation control plan under State law or
approved local government program are required to meet
the provisions of this Ordinance when located in a WS-
IV Watershed. In order to address a moderate to high
land use intensity pattern, single family residential
uses shall develop at a maximum of two (2) dwelling
units per acre. All other residential and non-
residential development shall be allowed at a maximum
of twenty -four percent (241) built -upon area.
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 II.6101- .0209).
(c) Residential development •
(d) Non - residential development
2. Density and Built -upon Limits:
(a) Single Family Residential - development shall
not exceed two (2) dwelling units per acre on
a project by project basis. No residential
lot shall be less than one -half (1/2) acre
except within an approved cluster
development.
(b) All other Residential and Nan - Residential
Development shall not exceed twenty -four
percent (241) built -upon area on a project by
project basis. For projects without a curb
and gutter street system, development shall
not exceed thirty -six percent (361) built -
upon area on a project by project basis.
EXCEPTION FOR NON- RESIDENTIAL USES: Up to
ten percent (101) of the protected area may
be developed for non - residential uses to
seventy percent (701) 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.
1...
Section 203. 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 Section 202.
B. All built -upon areas shall be designed and located to
minimize stormwater runoff impact to the receiving
• waters and minimize concentrated stormwater flow.
C. The remainder of the tract shall remain in a vegetated
or natural state. 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. Where a
property association is not incorporated, a maintenance
agreement shall be filed with the property deeds.
Section 204. Buffer Areas Required.
A. A minimum thirty (30) feet vegetative buffer for
development activities is required along all perennial
waters indicated on the most recent versions of
U.S.G.S. 1:24,000 (7.5 Minute) scale topographic maps
or as determined by local government studies.
Desirable artificial streambank or shoreline
stabilization is permitted.
B. No new development is allowed in the buffer except 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.
• These activities should minimize built -upon surface
area, direct runoff away from the surface waters and
maximize the utilization of stormwater Best Management
Practices.
Section 205. Rules Governing the Interpretation of Watershed Area
Boundaries.
Where uncertainty exists as to the boundaries of the
watershed areas, as shown on the Watershed Map, the following
rules shall apply:
A. Where area boundaries are indicated as approximately
following either street, alley, railroad or highway
lines or centerlines thereof, such lines shall be
construed to be said boundaries.
B. Where area boundaries are indicated as approximately
following lot lines, such lot lines shall be construed
to be said boundaries. However, a surveyed plat
prepared by a registered land surveyor may be submitted
to Harnett 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
D. Where the watershed area boundaries lie at a scaled
distance of twenty -five (25) feet or less from any
parallel lot line, the location of watershed area
boundaries shall be construed to be the lot line.
E. Where other uncertainty exists, the Watershed
Administrator shall interpret the Watershed Map as to
the location of such boundaries. This decision may be
appealed to the Watershed Review Board.
Z,
A
distance
more that
twenty -five (25) feet from any
•
parallel
lot line,
the location of watershed area
boundaries shall be
determined by use of the scale
appearing
on the watershed
map.
D. Where the watershed area boundaries lie at a scaled
distance of twenty -five (25) feet or less from any
parallel lot line, the location of watershed area
boundaries shall be construed to be the lot line.
E. Where other uncertainty exists, the Watershed
Administrator shall interpret the Watershed Map as to
the location of such boundaries. This decision may be
appealed to the Watershed Review Board.
Z,
A
coo
Section 206. 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 Ordinance shall be included in the
area required for another building.
C. If a use or class of use is not specifically indicated
as being allowed in a watershed area, such use or class
of use is prohibited.
Section 207. Existing Development.
Any existing development as defined in this Ordinance, may be
continued and maintained subject to the provisions provided
herein. Expansions to structures classified as existing
development must meet the requirements of this Ordinance, however,
the built -upon area of the existing - development is not required to
be included in the density calculations.
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 or removed
may be repaired and /or reconstructed, except that there are no
restrictions on single family residential development, provided:
1. Repair or reconstruction is initiated within three
(3) months and completed within one (1) year of
such damage.
2. The total amount of space devoted to built -upon
area may not be increased.
Section 205. Watershed Protection Permit.
A. Except where a single family residence is constructed
on a lot deeded prior to the effective date of this •
Ordinance, no building or built -upon area shall be
erected, moved, enlarged or structurally altered, nor
shall any building permit be issued nor shall any
change in the use of any building or land be made until
a Watershed Protection Permit has been issued by the
Watershed Administrator. No Watershed Protection
Permit shall be issued except in conformity with the
provisions of this Ordinance.
B. Watershed Protection Permit applications shall be filed
with the Watershed Administrator. The application
shall include a completed application form (see
Appendix A) and any supporting documentation deemed
necessary by the Watershed Administrator.
C. Prior to issuance of a Watershed Protection Permit, the
Watershed Administrator may consult with qualified
personnel for assistance to determine if the
application meets the requirements of this Ordinance.
D. A Watershed Protection Permit shall expire if a
Building Permit or Watershed Occupancy Permit for such
use is not obtained by the applicant within twelve (12)
months from the date of issuance.
Section 209. Building Permit Required. •
Except for a single family residence constructed on a lot
deeded prior to the effective date of this Ordinance, no permit
required under the North Carolina State Building Code shall be
issued for any activity for which a Watershed Protection Permit is
required until that permit has been issued.
Section 210. Watershed Protection Occupancy Permit.
A. The Watershed Administrator shall issue a Watershed
Protection Occupancy Permit certifying that all
requirements of this Ordinance have been met prior to
the occupancy or use of a building hereafter erected,
altered or moved and /or prior to the change of use of
any building or land.
0
ur: .
B. A Watershed Protection Occupancy Permit, either for the
whole or part of a building, shall be applied for
coincident with the application for a Watershed
Protection Permit and shall be issued or denied within
ten (10) days after the erection or structural
alterations of the building.
C. When only a change in use of land or existing building
occurs, the Watershed Administrator shall issue a
Watershed Protection Occupancy Permit certifying that
all requirements of this Ordinance have been met
• coincident with the Watershed Protection Permit.
D. If the Watershed Protection Occupancy Permit is denied,
the Watershed Administrator shall notify the applicant
in writing stating the reasons for denial.
E. No building or structure which has been erected, moved,
or structurally altered may be occupied until the
Watershed Administrator has approved and issued a
Watershed Protection Occupancy Permit.
ARTICLE 300: PUBLIC HEALTH REGULATIONS
Section 301. Public Health, in general.
No activity, situation, structure or land use shall be
allowed within the watershed which poses a threat to water quality
and the public health, safety and welfare. Such conditions may
arise from inadequate on -site sewage systems which utilize ground
absorption; inadequate sedimentation and erosion control measures;
the improper storage or disposal of junk, trash or other refuse
within a buffer area; the absence or improper implementation of a
spill containment plan for toxic and hazardous materials; the
improper management of stormwater runoff; or any other situation
found to pose a threat to water quality.
Section 302. Abatement.
• A. The Watershed Administrator shall monitor land use
activities within the watershed areas to identify
situations that may pose a threat to water quality.
B. The Watershed Administrator shall report all findings
to the Harnett County Watershed Review Board. The
Watershed Administrator may consult with any public
agency or official and request recommendations.
C. Where the Harnett County Watershed Review Board finds a
threat to water quality and the public health, safety
and welfare, the Board shall institute any appropriate
action or proceeding to restrain, correct or abate the
condition and /or violation.
ARTICLE 400. ADMINISTRATION, ENFORCEMENT AND APPEALS
Section 401. Watershed Administrator and Duties thereof.
The Harnett County Board of County Commissioners shall
appoint a 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 the
county's utilization of the provision that a maximum of
ten percent (10 %) of the non- critical area of WS III -BW
watersheds may be developed with non - residential
development to a maximum of seventy percent (70t)
built -upon surface area. Records for each watershed
M
I
I
10
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, acres site plan,
use, stormwater management plan as applicable and
inventory of hazardous materials as applicable.
D. The Watershed Administrator is granted the authority to
administer and enforce the provisions of this
Ordinance, exercising in the fulfillment of his
responsibility the full police power of Harnett 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.
B. A description of all projects receiving a variance and
the reason for granting the variance shall be submitted
to the Environmental Management Commission on January
1, of each year.
Section 402. Appeal From the Watershed Administrator.
Any order, requirements, decision or determination made by
the Watershed Administrator may be appealed to and decided by the
Watershed Review Board.
An appeal from a decision of the Watershed Administrator must
be submitted to the Watershed Review Board within thirty (30) days
from the date the order, interpretation, decision or determination
is made. All appeals must be made in writing stating the reasons
for appeal. Following submission of an appeal, the Watershed
Administrator shall transmit to the Board all papers constituting
the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action
appealed, unless the officer" from whom the appeal is taken
certifies to the Board after the notice of appeal has been filed
with him, that by reason of facts stated in the certificate, a
stay would in his opinion cause imminent peril to life or
property. In such case, proceedings shall not be stayed otherwise
than by a restraining order which may be granted by a court of
record on application of notice of the officer from whom the
appeal is taken and upon due cause shown.
The Board shall fix a reasonable time for hearing the appeal
and give notice thereof to the parties and shall decide the same
within a reasonable time. At the hearing, any party may appear in
person, by agent or by attorney.
Section 403. Changes and Amendments to the Watershed Protection
Ordinance. _
A. The Harnett County Board of County Commissioners may,
on its own motion or on petition, after public notice
and hearing, amend, supplement, change or modify the
watershed regulations and restrictions as described
herein.
B. No action shall be taken until the proposal has been
submitted to the Harnett County Planning Board for
review and recommendations. If no recommendation has
been received from the Planning Board within forty -five
(45) days after submission of the proposal, the Harnett
County Board of County Commissioners may proceed as
though a favorable report had been received.
C. The N.C. Division of Environmental Management will be
informed of all Amendments to this Ordinance that
represent major changes in land use regulations.
Section 404. Public Notice and Hearing Required.
Before adopting or amending this Ordinance, the Harnett
County Board of County 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 (10) nor more than
twenty -five (25) days before the date fixed for the hearing.
Section 405. Establishment of Watershed Review Board.
There is hereby created a Watershed Review Board which shall
be the Harnett County Board of Adjustment, including its
alternates, serving at the time of adoption of this Ordinance and
its duly appointed successor Boards.
E
•
•
Section 406. Rules of Conduct for Members. i
The Watershed Review Board shall operate consistent with the 1
adopted By -Laws for the Harnett County Board of Adjustment.
Section 407. Powers and Duties of the Watershed Review Board.
A. Administrative Review. The Watershed Review Board
shall hear and decide appeals from any decision or
determination made by the Watershed Administrator in
the enforcement of this Ordinance.
B. Variances. The Watershed Review Board shall have the
power to authorize, in specific cases, minor variances
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 the spirit of this
Ordinance shall be observed, public safety and welfare
secured, and substantial justice done. In addition,
the Watershed Administrator 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.
1. Applications for a variance shall be made on the
proper form obtainable from the Watershed
Administrator and shall include the following
information:
(a) A site plan, drawn to a scale of at least one
(1) inch to forty (40) feet, indicating the
property lines of the parcel upon which the
use is proposed; any existing or proposed
structures; parking areas and other built -
upon areas; surface water drainage. The site
plan shall be neatly drawn and indicate north
point, name and address of person who
prepared the plan, date of the original
drawing, and an accurate record of any later
revisions.
(b) A complete and detailed description of the
proposed variance together with any other
. pertinent information which the applicant
feels would be helpful to the Watershed
Review Board in considering the application.
(c) The Watershed Administrator shall notify in
writing each local government having
jurisdiction in the watershed and such other
entities 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 prior to a decision
by the Watershed Review Board. Such comments
shall become a part of the record of
proceedings of the Watershed Review Board.
2. Before the Watershed Review Board may grant a
variance, it shall make the following three
findings, which shall be recorded in the permanent
record of the case, and shall include the factual
reasons on which they are based:
(a) There are practical difficulties or
unnecessary hardships in the way of carrying
out the strict letter of the Ordinance. In
order to determine that there are practical
• difficulties or unnecessary hardships, the
Board must find that the five following
conditions exist:
1. If he complies with the provisions of
the Ordinance, the applicant can secure
no reasonable return from, nor make
reasonable use of his property. Merely
proving that the variance would permit a
greater profit to be made from the
property will not be considered adequate
to justify the Board in granting an
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.
I
12
2. The hardship results from the
application of the Ordinance to the
property rather than from other factors
such as deed restrictions or other
hardships.
3. The hardship is due to the physical
nature of the applicant's property, such
as its size, shape, or topography, which
is different from that of neighboring
property.
4. The hardship is not the result of
actions of an applicant who knowingl,.
unknowingly violates the Ordinance,
who purchases the property after
effective date of the Ordinance,
then comes to the Board for relief.
the
r or •
or
the
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) The variance is in harmony with the general
purpose and intent of the Ordinance and
preserves its spirit.
(c) In the granting of the variance, the public
safety and welfare have been assured and
substantial justice has been done. The Board
shall not grant a variance if it finds that
doing so would in respect impair the public
heath, safety or general welfare.
3. In granting the variance the Board may attach
is
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 property is granted, such
construction, alteration or use shall be in
accordance with the approved site plan.
4. The Watershed Review Board shall refuse to hear an
appeal or an application for a variance previously
denied if it finds that there have been no
substantial changes in conditions or circumstances
bearing on the appeal or application.
5. A variance issued in accordance with this Section
shall be considered a Watershed Protection Permit
and shall expire if a Building Permit or Watershed
Occupancy Permit for such use is not obtained by
the applicant within six (6) months from the date
of the decision.
6. If the application calls for the granting of a
major variance, and if the Watershed Review Board
decides in favor of granting the variance, the •
Board shall prepare a preliminary record of the
hearing. The preliminary record of the hearing
shall include:
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to
evidence, and rulings on them;
(e) Proposed findings and exceptions;
(f) The proposed decision, including all
conditions proposed to be added to the
permit.
The preliminary record shall be sent to the
Environmental Management Commission for its review
as follows:
(a) If the Commission concludes from the
preliminary record that the variance
qualifies as a major variance and that (1)
the property owner can secure no reasonable
return from, nor make any practical use of
the property unless the proposed variance is
granted, and (2) the variance, if granted,
will not result in a serious threat to the
water supply, then the Commission shall
approve the variance as proposed or approve
the proposed variance with conditions and
• stipulations. The Commission shall prepare a
Commission decision and send it to the
Watershed Review Board. If the Commission
approves the variance as proposed, the Board
shall prepare a final decision granting the
proposed variance. If the Commission
approves the variance with conditions and
stipulations, the Board shall prepare a final
decision, including such conditions and
stipulations, granting the proposed variance.
(b) If the Commission concludes from the
preliminary record that the variance
qualifies as a major variance and that (1)
the property owner can secure a reasonable
return from or make a practical use of the
property without the variance or (2) the
variance, if granted, will result in a
serious threat to the water supply, then the
Commission shall deny approval of the
variance as proposed. The 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.
Section 408. Appeals from the Watershed Review Board.
• Appeals from the Watershed Review Board must be filed with
the Superior Court within 30 days from the date of the decision.
The decision by the Superior Court. will be in the manner of
certiorari.
ARTICLE 500. DEFINITIONS.
Section 501. General Definitions.
Agricultural use The use of waters for stock watering,
irrigation, and other farm purposes.
Animal Unit A unit of measurement developed by the U.S.
Environmental Protection Agency that is used
to compare different types of animal
operations.
Best Management A structural or non - structural management
Practices (MM) 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 An area of natural or planted vegetation
through which stormwater runoff flows in a
• diffuse manner so that the runoff does not
become channelized and which provides for
infiltration of the runoff and filtering of
pollutants. The buffer is measured landward
from the normal pool elevation of impounded
structures and from the bank of each side of
streams or rivers.
Building Any structure having a roof supported by
columns or by walls, and intended for
shelter, housing or enclosure of persons,
animals or property. The connection of two
buildings by means of an open porch,
breezeway, passageway, carport or other such
open structure, with or without a roof, shall
not be deemed to make them one building.
13
!1�1_ 14
Built -Upon Area Built -upon areas shall include that portion
of a development project that is covered by
impervious or partially impervious cover
including buildings, pavement, gravel roads,
recreation facilities (e.g. tennis courts),
etc. (Note: Wooden slatted decks and the
water area of a swimming pool are considered
pervious.)
Cluster The grouping of buildings in order to
Development 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 subdivision and multi - family
developments that do not involve the
subdivision of land.
Composting A facility in which only stumps, limbs,
Facility leaves, grass and untreated wood collected
from land clearing or landscaping operations
is deposited.
Critical Area The area adjacent to a water supply intake or
reservoir where risk associated with
pollution is greater than from the remaining
portions of the Watershed. The critical area
is defined as extending either one -half mile
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 one -half mile upstream from
the intake located directly in the stream or
river (run of the river), or the ridge line
of the watershed (whichever comes first).
Customary Rome Any use, whether intended to produce income
Occupations or not, conducted entirely within a dwelling
and carried on by the occupants thereof,
whose use is clearly incidental and secondary
to the use of the dwelling for residence
purposes and does not change the character
thereof, no more than one (1) assistant may
be employed by home occupations. Provided
further, that no mechanical equipment is
installed or used except such that is used
for domestic or professional purposes, and
that not over 50 percent of the total floor
space of any structure is used for home
occupations. No home occupation shall be
conducted in any accessory building.
Development Any land disturbing activity which adds to or
changes the amount of impervious or partially
impervious cover on a land area or which
otherwise decreases the infiltration of
precipitation into the soil.
Discharging A landfill which discharges treated leachate
Landfill and which requires a National Pollution
Discharge Elimination System (NPDES) permit.
Dwelling Unit A building, or portion thereof, consisting of
one (1) or more rooms which are arranged
designed or used as living quarters for one
(1) family only. Individual bathroom(s) and
complete kitchen facilities, permanently
installed, shall always be included for each
dwelling unit.
Existing For projects that do not require a state
Development 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
least one (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, or
•
I
•
•
•
•
2. having an outstanding valid building
permit as authorized by the General
Statutes (G.S. 153A -344.1 and G.S. 160A-
385.1), or
3. having an approved site specific or
phased development plan as authorized by
the North Carolina General Statutes
Existing Lot A lot which is part of a subdivision, a plat
(Lot of Record) of which has been recorded in the office of
the Register of Deeds prior to the adoption
of this Ordinance, or a lot described by
metes and bounds, the description of which
has been so recorded prior to the adoption of
this Ordinance.
Family One or more persons occupying a single
dwelling unit, provided that unless all
members are related by blood or marriage or
adoption, no such family shall contain over
five persons, but further provided that
domestic servants employed or living on the
premises may be housed on the premises
without being counted as a family or
families.
Industrial Any non - residential development that requires
Development 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
Chapter 130A Article 9 of the N.C. General
Statutes. For the purpose of this Ordinance
this term does not include composting
facilities.
Lot A parcel of land occupied or to be occupied
by a main building or group of main buildings
and accessory building together with such
yards, open spaces, lot width and lot area is
required.
Major Variance A variance from the minimum state wide water
supply watershed protection rules that
results in any one (1) or more of the
following:
1. the relaxation, by a factor of more than
ten (10) percent, of any management
requirement that takes the form of a
numerical standard;
2. petitions to increase built upon
percentage of up to ten percent (10 %).
Minor Variance Petitions for the reduction of any standard
by a factor of less than ten percent (10 %) .
Does not include Residential Density or Built
Upon percentage.
Non - conforming A lot described by a plat or a deed that was
Lot of Record 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.
Non - residential All development other than residential
Development development, agriculture and silviculture.
Plat A map or plan of a parcel of land which is to
be, or has been subdivided.
15
16
Protected Area The area adjoining and up stream of the
critical area of WS -IV 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 ridge line of the watershed; or within
10 miles upstream; and draining to the intake
located directly in the stream or river or to
the ridge -line of the watershed.
Residential Buildings for residence such as attached and
Development detached single- family dwellings, apartment
complexes, condominiums, townhouses,
cottages, and their associated outbuildings
such as garages, storage buildings, gazebos,
and customary home occupations.
Single Family A site built structure, a modular structure
Dwelling 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.
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 defined by the Harnett
County Subdivision Ordinance.
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 such
organisms or their off spring or other
adverse health effects.
Variance A permission to develop or use property
granted by the Watershed Review Board
relaxing or waiving a water supply watershed
management requirement adopted by the
Environmental Management Commission that is
incorporated into this Ordinance.
Water Dependent Any structure for which the use requires
Structure access to or proximity to or citing within
surface waters to fulfill its basic purpose,
such as boat ramps, boat houses, docks and
bulkheads. Ancillary facilities such as
restaurants, outlets for boat supplies,
parking lots and commercial boat storage
areas are not water dependent structures.
Watershed The entire land area contributing surface
drainage to a specific point (e.g. the water
supply intake.)
Watershed An official or designated person of Harnett
Administrator County responsible for administration and
enforcement of this Ordinance.
•
•
•
Section 502. Word Interpretation
For the purpose of this Ordinance, certain words shall be
interpreted as follows:
Words in the present tense include the future tense.
• Words used in the singular number - include the plural, and
words used in the plural number include the singular, unless
the natural construction of the wording indicates otherwise.
The word "person" includes a firm, association, corporation,
trust, and company as well as an individual.
The word "structure" shall include the word "building ".
The word "lot" shall include the words, "plot ", "parcel ", or
"tract ".
The word "shall" is always mandatory and not merely
directory.
The word "will" is always mandatory and not merely directory.
•
•
17
r
18
Appendix A
Application Form
Watershed Protection Permit
APPLICATION FOR A WATERSHED PROTECTION PERMIT, •
Date of Application
Application Number
On a Separate sheet of paper, list the Deed Book and page number,
the parcel size and the Tax Map and lot number for each parcel of
land (if one parcel, list here).
Watershed Name:
Name of Owner /Applicant:
Corporation Name /State:
Mailing Address:
Street Address:
City, State and zip:
Telephone Number: (W)
Critical area: Y / N
(H)
.................................. ...............................
General Description of work under this application:
I certify that the information shown above is true and accurate,
and is in compliance with the conditions for a subdivision of land
as defined in the Watershed Protection Ordinance.
Owner /Attorney in Fact
.................................. ...............................
OFFICIAL USE
Date Received
Notes:
Application Reviewed By:
Date referred to Board:
•
CJ
19
Applications for Watershed Protection Permits shall be accompanied
by plans in duplicate and drawn to scale showing the following:
(a) Location of Project
Identify the appropriate classification. WS- III -BW, WS- IV -CA,
WS- IV -PA.
(b) Lot Dimensions
• Actual dimensions and acreage of the lot to be built upon and
the location of any right of ways that may affect development
on the lot.
(c) Built Upon Area
The accurate location and use of all existing and proposed
buildings and other structures, and for non - residential
developments the location and size, in square feet, of all
built -upon areas including parking and loading facilities.
The percent of the project that will be covered with an
impervious surface.
The area, in acres, to be left natural.
(d) Dwelling Units
The total number of dwelling units proposed on the lot or
tract.
(e) Streams /Rivers
_ The accurate location of all perennial streams and natural
drainage areas on the property.
• (f) Adjacent Property Owners
The names of adjoining property owners.
(g) Buffers
The location of all required buffer areas.
(h) Private Water and Sewer Systems
Individual water supply systems and /or ground absorption
sewage disposal systems may be permitted subject, to
preliminary approval by the County Health Department that
there is sufficient space on the lot for such systems.
BARNETT COUNTY WATER SUPPLY WATERSHED MANAGEMENT PLAN
The Harnett County Water Supply Watershed Management Plan has
been developed in accordance with the requirements of the
Watershed Protection Act (G.S. 143 - 214.5) and regulations (15A
NCAC 2B.0211). This management plan contains: a list of industries
that use, store, or manufacture hazardous materials within the
county's jurisdiction; a hazardous materials inventory, industry's
spill containment plans; and the county's response plan.
Hazardous materials are materials for which industries are
required to submit Superfund Amendment and Re- authorization Act
• (SARA) Title III Tier I and Tier II inventories and hazardous
materials regulated by Section 311 of the Clean Water Act.
Industries That Use, Store, or manufacture Hazardous Materials
Facility Lnratjon
Becker Minerals, Inc.
Route 1, Box 112
Bunnlevel, N.C. 28323
910- 893 -8308
Owner/Operatnr
Becker Minerals, Inc.
Post Office Box 848
Cheraw, S.C. 29520
803 - 537 -7883
I
I
nal
„-.,
Hazardous Materials Inventory
Becker Minerals has submitted a Tier Two Emergency and
Hazardous Chemical Inventory to the Harnett County Emergency
Management Department. This inventory is on file at the Harnett
County Emergency Management Department Office, 27 East Harnett
Street, P.O. Box 370, Lillington, N.C. 27546.
Spill Containment Plan
Industries are required to submit spill containment plans to
the Harnett County Emergency Management Department.
BARNETT COUNTY RESPONSE PLAN •
In the event of a release of hazardous materials in the WS -IV
Cape Fear watershed or the WS -III Little River watershed Harnett
County will immediately notify:
City of Dunn Water Plant (910) 897 -5129
(If the release is in the WS -IV Cape
Fear watershed)
Town of Erwin Water Plant (910) 897 -5200
(If the release is in the WS -IV Cape
Fear watershed)
County of Harnett Water Plant (910) 893 -7575
(If the release is in the WS -IV Cape _
Fear watershed)
Fort Bragg Water Plant (910) 396 -2022
(If the release is in the WS -III Little
River watershed)
Harnett County Fire Marshall's Office (910) 893 -7580
Local Emergency Planning Committee •
Gary Pope, Chairman (910) 893 -8659
Harnett County Emergency Management
Post Office Box 370
Lillington, N.C. 27546
Emily Kilpatrick (919) 733 -3865
State Emergency Response Committee
NC Division of Emergency Management
116 West Jones Street
Raleigh, N.C. 27603 -1335
24 -Hour Emergency Number (919) 733 -3867
National Response Center 1- 800 - 424 -8802
The party responsible for a release of hazardous materials is
required by law to telephone the National Response Center. The
party will provide information about the release including, the
location of the release, material released, source and cause of
the release, and corrective action taken. The National Response
Center will then notify the appropriate department of the
Environmental Protection Agency. ,
The County will ensure that the responsible party contacts •
the National Response Center. If the responsible party is
unknown, then Harnett County will telephone the National Response
Center.
...:........
Duly amended this twenty -first day of April, Nineteen Hundred and
Ninety Seven.
COUNTY BOARD OF COMMISSIONERS
•= �_�+ =� -� Dan B. Andrews, Chairman
_ ATTEST:
Kay 6S. Blanchard, Clerk to the Board
HARNM COUpN7Y N. C.
FlLED D� ' -Al 71 3�alo M
B00 p PAGE✓
REGISTER OF DEEDS
GAYLE P. HOLDER
•
35
•
21