Zoning Ordinance

3.3.3 LAKE NORMAN WATERSHED OVERLAY DISTRICT (LN-O)

Intent: The intent of the Lake Norman Watershed Overlay District is to provide for the protection of public water supplies as required by the N.C. Water Supply Watershed Classification and Protection Act (G.S. 143-214.5) and regulations promulgated there under. The Lake Norman Watershed Overlay may be applied in any zoning district. The Lake Norman Watershed Overlay District supplements the regulations of the underlying zoning district within the Lake Norman Watershed Protection Area to ensure protection of public drinking water supplies. All other uses and regulations for the underlying district shall continue to remain in effect for properties classified under the Lake Norman Watershed Overlay District.

.1 Applicability: The Lake Norman Watershed Protection Area is that area within the jurisdiction of the Town of Huntersville which contributes surface drainage into that portion of the Catawba River known as Lake Norman and its tributaries. The Lake Norman Watershed Protection area is specifically defined on the Huntersville Zoning Maps.

.2 Exceptions to Applicability:

a) Existing development, as defined in Section 12.2.3, is not subject to the requirements of the Lake Norman Watershed Overlay District. Expansions to structures classified as existing development must meet the requirements of this section, however the built-upon area of the existing development is not required to be included in the impervious area calculations.

b) An existing lot, as defined in Section 12.2.3, owned 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 subject only to the buffer requirements of Section 3.3.3-A, f) and g); however this exemption is not applicable to more than two multiple contiguous lots under single ownership.

c) Existing public utilities may expand without being subject to the restrictions of this part provided that:

(i) Such expansion complies with all applicable laws of the State of North Carolina and the United States of America; and

(ii) Discharges associated with the existing public utilities may be expanded, however the pollutant load shall not be increased beyond presently permitted levels.

.3 Watershed Subareas Established:

a) Critical Area. The Critical Area is defined as the land area which begins at the normal pool elevation of Lake Norman and extends one-half mile inland or to the ridgeline, whichever is closest, as shown more specifically on the Huntersville Zoning Maps.

b) Protected Area. There is no Lake Norman Protected Area located within the jurisdiction of the Town of Huntersville.

3.3.3-A Critical Area (CA)

Intent: The intent of these regulations is to require higher standards in the Critical Area of the Lake Norman Watershed because of the greater risk of water quality degradation from pollution. All uses permitted in the Critical Area for which erosion/sedimentation control plans are required under Mecklenburg County regulations are subject to the standards of both the overlay district and the underlying zoning district. In every case the more restrictive standard controls.

a) Permitted Uses

Uses permitted with conditions

·         essential services 1 and 2, provided that there shall be no new industrial process or domestic discharges into any stream or lake in the Lake Norman Watershed, but existing wastewater treatment plant(s) may expand so long as the total pollutant load per parameter will not be increased beyond the effluent limits permitted as of October 1, 1993, the effective date of watershed protection regulations;

·         agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990. All agricultural activities conducted after January 1, 1993 shall maintain a minimum ten 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 scale topographic maps or as determined by local government studies. Agricultural activities begun after October 1, 1993 shall comply with the buffer standards of Section 3.3.3-A(f). Animal operations greater than 100 animal units shall employ Best Management Practices by July 1, 1994 recommended by the Soil and Water Conservation Commission;

·         silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15A NCACIT.0201-.0209);

·         residential uses permitted in the underlying district, subject to either the low or high density option; cluster development allowed in the underlying district is permitted;

·         non-residential uses permitted in the underlying district, subject to either the low or high-density development option; cluster development allowed in the underlying district is permitted.

b) Prohibited Uses

·         all uses not permitted in the underlying zoning district

·         residual applications

·         landfills, sanitary

·         landfills, off-site demolition

·         new or expanded domestic and industrial discharges

·         disposal or treatment of petroleum contaminated soils (land farming)

·         petroleum storage tanks as a principal use

c) Permitted Building and Lot Types

· building and lot types permitted in the underlying zoning district

d) Permitted Accessory Uses

· accessory uses permitted in the underlying zoning district; uses prohibited as principal uses are also prohibited as accessory uses

e) Built-Upon Area Development Standards

For individual buildings or for development projects within the Lake Norman Critical Area, the following impervious area limitations are established on a building or project basis.

CA, low density option	24% B.U.1
CA, high density option	50% B.U. with Structural BMP1

1 Residential subdivisions approved after 2/17/03 shall reserve, at minimum, 1% of the lot area but not less than 150 sq. ft. impervious area per lot to allow for addition of future impervious areas by homeowner/occupant

f) Buffer Size

Undisturbed buffers, except as specifically provided in this section, are required along the shoreline of Lake Norman measured horizontally by a licensed land surveyor from the normal pool elevation (760’ contour) and along each side of all perennial streams measured from the top of the bank on each side on the stream. Minimum buffer widths are:

CA, low density option	50 feet
CA, high density option	100 feet

g) Buffer Protection

No permanent structures, impervious covers, septic tank systems or any other disturbance of existing vegetation shall be allowed within the buffer except as follows:

1) The surveyed buffer boundary must be clearly marked on-site with orange “tree-protection” or “high-hazard” fence prior to any land disturbing activities. Tree protection is required by Section 7.4(3) of this Ordinance.

2) The surveyed buffer boundary must be permanently marked with an iron pin at the intersection of the watershed buffer and each property line following the completion of land disturbing activities and prior to occupancy. Properties greater than 200’ in width shall be marked at a maximum of 100’ intervals.

3) No trees larger than 2-inch caliper, measured at 6 inches above the existing grade, are to be removed except for dead or diseased trees. Undergrowth and trees less than 2-inch caliper, measured at 6 inches above the existing grade, may be removed to be replaced by an effective stabilization and filtering ground cover based upon the most recent edition of the “Watershed Buffer Guidelines for Mecklenburg County, NC” and as approved by the Mecklenburg County Water Quality Program.

4) Stream bank or shoreline stabilization is allowed as approved on a plan submitted to the Mecklenburg County Engineering Department and the Mecklenburg County Water Quality Program.

5) Water dependent structures and public projects such as road crossings and greenway paths are allowed where no practical alternatives exist. These activities should minimize built-upon area, direct runoff away from surface waters, and maximize the utilization of nonstructural BMP's and pervious materials.

6) During new development or the expansion of existing development, the Town, upon the advice of the Mecklenburg County Water Quality Program, can require enhancement of the existing vegetation in the buffer if necessary so that the buffer can effectively perform its filtering and absorption functions. Buffer enhancement requirements shall be based on the most recent edition of the “Watershed Buffer Guidelines for Mecklenburg County, NC”.

7) Mitigation of disturbed buffers required. Should existing vegetation within the buffer be disturbed (except as allowed by this Ordinance) or should vegetation added to a buffer pursuant to paragraph 6) be disturbed, the property owner shall be required to enhance the buffer in accordance with the most recent edition of the “Watershed Buffer Guidelines for Mecklenburg County, NC” so that the buffer can effectively perform its filtering and absorption functions.

8) Non-impervious recreational development and non-impervious pedestrian trails are allowed in the required buffer in compliance with paragraph 3), above. Pathway guidelines are available in the most recent edition of the “Watershed Buffer Guidelines for Mecklenburg County, NC.” If in a common area, such development and trails must be if located a minimum of 30 feet from the normal pool elevation of Lake Norman (760’ contour), or a minimum of 30 feet from the top of the bank on each side of all perennial streams; except for waterfront access points approved by the Town, upon the advice of the Mecklenburg County Water Quality Program.

(h) High Density Option Requirements in the Critical Area of the LN Watershed

1) The High Density Option allows for greater development density provided engineered controls (structural BMPs) are used to manage storm water runoff. Structural BMPs are required under the High Density Option. The HIGH DENSITY OPTION is permitted in the CA subarea. It shall be permitted only for such time as an interlocal agreement remains in force between the Town of Huntersville and Mecklenburg County, whereby Mecklenburg County assumes responsibility for review and approval of High Density Development Permits, initial inspection and approval, annual inspection and reporting, and maintenance of structural BMPs within the jurisdiction of the Town of Huntersville, as set forth in a Storm Water Management interlocal agreement between the County of Mecklenburg and the Town of Huntersville. In addition to meeting basic zoning and subdivision standards of the Town of Huntersville, high density development shall meet the requirements of this section, the Land Development Standards Manual, other published standards of the Mecklenburg County Engineering Department, and Section 10.509 paragraph 3 of the Mecklenburg County Zoning Ordinance as may be amended from time to time.

2) High Density Permit Application.

(a)     A High Density Development Permit shall be required for new development exceeding the requirements of the low-density option.

(b)     Application for a High Density Development Permit shall be submitted as follows:

i.         Development plans subject to the Huntersville Subdivision Ordinance and the Sediment and Erosion Control Ordinance will submit the High Density Development Permit to the Mecklenburg County Engineering Department and the Huntersville Planning Director, or designee, as part of the subdivision review application process.

ii.        Development plans exempt from subdivision ordinance regulations will submit the High Density Development Permit to the County Engineer as part of the Sediment and Erosion Control requirements of the building permit application process.

iii.      Applications for the High Density Option shall be made on the proper form and shall include the following information:

·         A completed High Density Development Permit Application signed by the owner of the property. The signature of the consulting engineer or other agent will be accepted on the application only if accompanied by a letter of authorization.

·         Required number of development plans and specifications of the storm water control structure.

·         Submittal of a sediment and erosion control plan to the appropriate agency.

·         Permit application fees.

3) Structural BMPs.

(a) All structural BMPs shall be designed, and the plans sealed, by a North Carolina registered professional with qualifications appropriate for the type of system required; these registered professionals are defined as professional engineers, landscape architects, to the extent that the General Statutes, Chapter 89A allow, and land surveyors, to the extent that the design represents incidental drainage within a subdivision, as provided in General Statutes 89(C)-3(7).

(b) Structural BMPs shall be designed for specific pollutant removal according to modeling techniques approved by the North Carolina Division of Water Quality. Specific requirements for these systems shall be in accordance with the design criteria and standards contained in the Charlotte-Mecklenburg Land Development Standards Manual.

(c) Qualifying areas of the structural BMP may be considered pervious when computing total built-upon area. However, if the structure is used to compute the percentage built-upon area for one site, it shall not be used to compute the built-upon area for any other site or area.

(d) The design of the structural BMP shall include the appropriate easements for ingress and egress necessary to perform inspections, maintenance, repairs and reconstruction.

4) Posting of Financial Security Required.

(a) When Structural BMPs are required under the High Density Option, the approval of the High Density Development Permit will be subject to developer compliance with Section 10.509 paragraph 3 of the Mecklenburg County Zoning Ordinance, the provisions of which, including subsequent amendments, are incorporated herein.

5) Additional Requirements.

(a) An Occupancy Permit shall not be issued for any building within the permitted development until the Mecklenburg County Engineering Department has approved the storm water control structure.

(b) Appeals of any order, requirement, decision or determination shall be made to and decided by the Zoning Board of Adjustment of the Town of Huntersville.

3.3.3-B Appeals and Variances in LN-O District

.1 The Zoning Board of Adjustment is hereby designated the Watershed Review Board.

.2 An appeal to reverse or modify the order, decision, determination, or interpretation of the Zoning Administrator (herein designated the Watershed Administrator), shall comply with the procedures and standards of Section 11.3 of these regulations.

.3 A petition for variance to the standards of the Lake Norman Watershed Overlay District shall comply with the procedures and standards of Section 11.3 of these regulations, with the following exceptions.

a) In addition to the notification requirements of Section 11.3, the Watershed Administrator shall also notify in writing each local government having jurisdiction in the watershed and the entity using the water supply for consumption. Such notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the Watershed Administrator 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.

b) Major and Minor Variances are differentiated by definition.

Minor variances shall include petitions for the reduction of any numerical standard of the low-density option in the overlay district by a factor of 10% or less.

Major variances mean variance from the minimum statewide water supply watershed protection criteria that result in any one or more of the following:

            Petitions for the reduction of any numerical standard of the low density option in the overlay district by a factor of more than 10%; and

            Petitions for variation in the design, maintenance or operation requirements of a wet detention pond or other approved storm water system; and

            Petitions for the reduction of any management requirement that applies to a development proposal intended to qualify under the high-density option.

c)       Major and Minor Variances are differentiated as to procedures and standards.

            Minor variances shall comply with the procedures and standards of Section 11.3 of these regulations. An annual report of minor variances granted shall be submitted by the Watershed Administrator for each calendar year to the Division of Water Quality on or before January 1st of the following year and provide a description of each project receiving a variance and the reasons for granting the variance.

           Major variances shall comply with the procedures and standards of Section 11.3 except that:

            A decision by the Watershed Review Board to deny a major variance shall be final. Appeal shall be to a court of competent jurisdiction as provided in Section 11.3.

            A decision by the Watershed Review Board to approve a major variance shall be advisory only. The Watershed Administrator shall within 30 days forward a record of the Board of Adjustment hearing, findings, and conclusions to the North Carolina Environmental Management Commission for final decision.

            The Watershed Review Board may advise approval of a major variance petition upon satisfying the findings of Section 11.3.2ƒ, or upon the finding that significant community economic or social benefit would be derived from the grant of the variance.

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