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ARTICLE 8: General Provisions

CONTENTS:  
Article 8.0 - Applicability  
Article 8.1 - Street Frontage Required  
Article 8.2 - One Principle Building on a Lot; Exceptions  
Article 8.3 - Lot Size  
Article 8.4 - Yard Designation  
Article 8.5 - Yard Dimensions for Corner Lots  
Article 8.6 - Through Lots  
Article 8.7 - Height Limitations  
Article 8.8 - Structures and Uses Limited in Yards  
Article 8.9 - Clear Sight Triangle at Street Intersections  
Article 8.10 - Building Seperation  
Article 8.11 - Permitted Accessory Uses in All Districts  
Article 8.12 - Standards for Construction; Developer Responsibility  
Article 8.13 - Regulation of Nuisances  
Article 8.14 - General Standards for Driveway Permitting  
Article 8.15 - Special Requirements for Lots Along Thoroughfares  
Article 8.16 - Standards for Residential Garages and Parking in Residential Districts  
Article 8.17 - Water Quality
Article 8.18 - Flags  
Article 8.19 to 8.24 - Reserved  
Article 8.25 - S.W.I.M (Surface Water Improvement and Management) Stream Buffers  
Article 8.26 - Site Lighting  
Article 8.27 - Street Lighting

8.0  Applicability

No structure shall be erected nor use established in conflict with:

·         the district regulations of Article 3,

·         the building and lot regulations of Article 4,

·         the street regulations of Article 5,

·         the off-street parking regulations of Article 6,

·         the landscape and open space regulations of Article 7,

·         the general provisions of Article 8, or

·         the sign regulations of Article 10.

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8.1  Street Frontage Required

Any lot on which a building (or buildings) is to be erected or use is to be established shall abut a public street with the following exceptions:

1.        Any lot for which a residential use has been legally established prior to the effective date of this ordinance in accordance with provisions permitting establishment of use on a lot served by a private and exclusive recorded easement of at least 15 feet in width connecting said lot to a public street, may be used as if it abutted a street, provided that it is served by a driveway located on said easement.  A lot of one (1) acre or more in area created through a division of land not subject to the subdivision ordinance shall be eligible for issuance of a permit to establish a single-family detached house, provided the lot is served by a private and exclusive recorded easement or fee-simple projection of the building lot at least 15 feet in width connecting said lot to a public street.  A driveway accessible by emergency equipment must be located on said easement or lot projection.  Lots created under these provisions shall be known as “easement-access lots” and “flag lots”, respectively.

2.        Any lot for which a non-residential use has been legally established prior to the effective date of this ordinance in accordance with provisions permitting establishment of use on a lot served by a private, exclusive recorded easement of at least 15 feet in width connecting said lot to a public street, may be construed in the same manner as a lot abutting a street provided that it is served with a driveway built to appropriate standards located on the permanent, recorded easement.

3.        Up to six residential lots may be served by a privately maintained easement with a minimum 20-foot right-of-way if designed according to the specifications of the Rural and Transitional Farmhouse Cluster development or the specifications of the Rural and Transitional Conservation Subdivision.

4.        A site specific development plan may be considered for approval in the TC, NC, NR, R, TR, HC, CB and both TND districts where residential and/or non-residential lots and/or structures front upon a private courtyard, carriageway, mid-block private alleyway with courtyard, or pedestrian way, or urban open space as defined in Article 7, part B, where adequate access by emergency vehicles is maintained by way of a street or alley and where the off-street placement of uses does not diminish the orientation of building fronts to the public street.

5.        A site-specific development plan may be considered for approval in the Campus Institutional and Corporate Buisness Districts to permit interior lot access by private drives so long as business and emergency access is furnished to all interior building sites, and proposed buildings at the perimeter of the campus and corporate development front upon public street(s) or are buffered in accordance with this ordinance. It is intended that subdivisions be primarily served by public streets and use of private drives is minimal. Private drives may be appropriate where property configuration or environmental constrants make their use a practical alternative. Private drives shall be constructed in accordance with Commercial Street Standards as found in the Charlotte Mecklenburg Land Development Standards Manual and sidewalks shall be provided on at least one side of the private drive. See the Campus and Corporate Districts.

6.        To access a lot or lots in the Highway Commercial District, where factors beyond developer control, such as a limited access highway, an existing development, or the location of an existing intersection, prohibit completing a street connection, a private drive may be substituted for the interior street which cannot be connected to the public network.

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8.2  One Principal Building on a Lot; Exceptions

Only one principal building and its customary accessory building(s) may be erected on any lot, except that multiple buildings which, taken together, compose a single principal use may be erected on a single lot as permitted by the district regulations and described by building and lot type.  Requirements of subdivision ordinance Section 6.800 apply.

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8.3   Lot Size

No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size such that the requirements for building and lot type cannot be met, or the performance standards for spacing of structures, building mass and scale, and street frontage relationships cannot be respected.  This prohibition shall not be construed to prevent the purchase, dedication, or condemnation of narrow strips of land for public utilities or street or sidewalk right-of-way purposes.

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8.4  Yard Designation

.1        On lots which abut more than one street, building and lot shall generally front upon the more pedestrian oriented street, given the arrangement of existing and proposed streets and drives, and the orientation of buildings on adjoining lots.

.2        Where multiple buildings are permitted on a single platted lot, each building shall generally front upon a pedestrian oriented street, either external or internal to the development; side and rear yard designations shall be determined on the basis of building orientation.

.3        On irregularly shaped lots, the location of required front, side, and rear yards will be determined by the Zoning Administrator.  The determination will be based on the spirit and intent of this ordinance to achieve an appropriate spacing of buildings and orientation to the street(s).

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8.5  Yard Dimensions for Corner Lots.

.1        If two corner lots are separated by a common rear lot line, the common side yards of the lots on the street must be at least 50 percent of the greater of the two front setbacks, existing or required.

.2        In any district, where the side lot line of a corner lot is substantially a continuation of the front lot line of the lot to its rear, the required side yard of the corner lot shall (a) be at least 50 percent of the established front setback of the adjacent lot or (b) establish a transition between existing buildings by stepping toward the street or back from the street a distance equal to the lesser building setback + one-half of the difference between the setbacks of the adjoining buildings.

.3        Buildings on corner lots shall be positioned on the corner abutting the build-to lines on both streets.

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8.6  Through Lots. 

If both the front and rear yards of a lot abut public streets, then the rear building line shall respect the alignment of buildings on the back street while the front building line shall respect the alignment of buildings on the fronting street.

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8.7  Height Limitation

.1        The height of habitable buildings and components is controlled by building type (Article 4).

.2        Structures and structural components not intended for human occupancy (including towers, steeples, flagpoles, chimneys, water tanks or similar structures) may exceed the height limit of buildings.  Components of civic buildings which extend above the height limit shall follow the standards for the civic building type (Article 4).  When adjacent to a lot or lots located in a residential district, any part of a non-civic structure which extends above the height limit must be separated from the residential lot by a distance equal to its height measured from the ground.

.3        The height limitations of this section shall not apply to public utility poles and lines, skylights, and roof structures for elevators, stairways, tanks, heating, ventilation and air-conditioning equipment, or similar equipment for the operation and maintenance of a building, and any device used to screen such structures and equipment.

.4        Commercial communication towers, where permitted, may exceed the height limit for structures when the standards of Section 9.9 are met.

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8.8  Structures and Uses Limited in Yards

.1        No principal building or structure shall be located within any required setback or yard, forward of the build-to line for a principle structure, within any setback or yard established by a recorded plat, nor in any required buffer or screen.

.2        Except as otherwise provided in this section, no accessory structure shall be located within an established setback or required side yard, nor within five feet of a side or rear lot line.  Where permitted, accessory dwellings may be located no closer than 5 feet to the right-of-way or easement of an abutting mid-block alley, nor closer than 15 feet to an abutting rear property line.  Piers, docks, and other water-dependent accessory structures may be located in any required setback or yard on lots, which abut a body of water.  Fences, walls, security gates, paths, walkways, mailboxes, utility poles, lighting fixtures, patios at grade, and similar features may be located in an established setback or required yard, so long as the sight triangle on corner lots is protected according to the provisions of Section 8.9.  If the accessory structure exceeds the height of the principal structure, it must meet the minimum side yard and be at least 15 feet from the rear lot line.

.3        Fences may be located in any yard, established or required, according to the standards of Section 8.11.2.

.4        Signs may be located in an established front setback or a sideyard abutting a public street as permitted by the provisions of Section 10, Signs. 

.5        Transit shelters may be located in any setback or yard which abuts a street, in accordance with Section 9.39.  

.6        Off-street parking areas, maneuvering areas for parking, and loading areas are prohibited in the established front building setback, which shall be landscaped, in any established side yard abutting a street, which shall be landscaped, and in any required buffer or screen.  This restriction shall not apply to:

a)       a driveway which crosses a front yard to provide access from the street to a parking area; or    

b)       an individual driveway, including conventional appurtenances thereto such as basketball goals, designed to also serve as a parking area for a detached or duplex dwelling; or

c)       plazas associated with civic buildings or campus quadrangles that have been designed and approved for occasional use as secondary parking areas;

d)       the frontage along a Commercial Town Street for which specific streetscape plan and section have been adopted by the Board of Commissioners to include limited parking and access in a series of fronting yards.

e)       off-street parking lots in established setbacks and yards of golf clubhouses, configured to minimize conflicts between street vehicles and recreational carts, located a minimum of 800 feet from a designated thoroughfare(s), and compliant with all other design standards for parking lots.

f)        maneuvering areas for loading or delivery activities in the established setbacks and yards of buildings in mixed use zoning districts where the location of buildings that were legally constructed without the provision of these areas preclude them from being located out of established setbacks and yards.  Maneuvering areas for parking, loading, or delivery activities are prohibited in the public right-of-way in residential and commercial districts.

.7        No outdoor storage of goods and materials or refuse containers shall be located in any established setback or established side yard abutting a street, nor in any required buffer or screen, except for the temporary placement of refuse for scheduled curb side collection.

.8        Notwithstanding other provisions of this section, architectural features such as cornices, eaves, bays, awnings, steps, gutters, and fire escapes may project up to 3 feet into an established or required yard;  additional encroachment is permitted for certain building and lot types established in Article 3.

.9        Subordinate structures attached to single family homes, such as decks, garages, porches, utility rooms, and similar features may extend into the required rear yard up to 25% of its depth, and may consume up to 20% of its area.  Attached garages accessed from rear alleys may extend into the required rear yard to within 3’ of the alley right-of-way or easement, and may consume up to 50% of its area.  Such extensions may not exceed 50% of the width of the dwelling at the rear building line.

.10     Above ground backflow preventers are expressly prohibited in the established front yards of buildings where underground backflow preventers or a location outside of the established front yard is technically feasible according to the standards and requirements of the Charlotte-Mecklenburg Utility Department.  Where there is no reasonable alternative to locating an above ground backflow preventer in the established front yard, the structure housing the device shall be covered in a non-reflective material and shall be surrounded, on all sides visible from public streets and abutting properties, by a landscaped opaque screen according to Section 7.6.1 .

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8.9   Clear Sight Triangle at Street Intersection

.1     In most circumstances, a clear view at each corner of an intersection shall be maintained by establishing an unobstructed  “sight triangle”.  The extent of the required sight triangle varies according to the speed limit of streets forming the intersection.  For streets signed 35 MPH or greater, the area to be clear of view obstructions at unsignalized intersections is generally to be the triangular area formed by the point of intersection of street right-of-way lines and a point located along each right-of-way line at a distance of 35 feet from the point of intersection.  For intersecting streets signed for less than 35 MPH, the shaded area in the figure below illustrates the area which must, in most instances, be clear of obstructions to driver visibility at unsignalized intersections.  As indicated, the clear sight triangle will vary according to speed limit for traffic on approaching street.

.2    No planting, structure, sign, fence, wall, man-made berm, or other obstruction to vision shall be installed, constructed, set out, or maintained so as to obstruct cross-visibility in the sight triangle between 30 inches and 72 inches above the level of the center of the street intersection.

.3     The limitations of this section may be modified in the instances noted below, so long as adequate visibility is maintained relative to intended speed limit:

(a)   existing natural grades;

(b)   trees trimmed such that no limbs or foliage extend into the area between 30 and 72 inches above the level of the adjacent intersection;

(c)   fire hydrants, public utility poles, street markers, government signs, electrical junction boxes, and traffic control devices;

(d)   buildings located in the Town Center District, the Neighborhood Center District, or the commercial centers of either TND District;

(e)   the approved and intentional use of traffic calming techniques to reduce speed;  these include, but are not limited to:  a series of hill crests, neckdowns, intersection diverters, and curb bulbs.

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8.10  Building Separation

All detached principal structures in all districts shall preserve a minimum building separation of 10 feet.  The requirement of the district to conform to an existing pattern of building spacing along a street may require a greater separation or the provision of specified side yards.  All detached accessory structures in all districts shall maintain a minimum building separation of 4 feet, as measured from the overhang.

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8.11  Permitted Accessory Uses in All Districts

.1        Accessory uses and structures that are clearly related to and incidental to the permitted principal use or structure on the lot.

.2        Fences and walls.

·         In a residential, mixed use, or commercial district, a fence or wall in the established front yard of a building shall be a minimum of 2 feet in height and a maximum of 5 feet in height.  Decorative caps or spires which extend above the highest horizontal member of the fence shall not be included in the measurement of height.  Chain link, welded wire, or similar fencing materials, if used, shall be placed on the interior side of a masonry wall, solid wood fence, or decorative wood or vinyl fence that is equal to or greater in height than the secure fencing and demonstrates effective screening capability.  (For example, a 4’ high welded wire fence attached to the interior of a decorative split rail fence or board farm fence of equal height or greater would perform to the standards of this section).

·         In a residential or mixed use district, a fence or wall in an established rear or side yard which abuts a street or alley may not exceed 6 feet in height unless placed 15 or more feet inside property boundary.  Within the first 15 feet, fences of chain link or similar material are permitted only if screened on the exterior side by evergreen shrubs planted no farther apart than 6 feet on center, minimum height 3 feet at installation, or if obscured from view by the screening method(s) set out in the paragraph immediately above.

·         In a residential or mixed use district, a fence or wall in an established rear or side yard which does not abut a street or alley may not exceed 8 feet in height.

·         In a commercial district, a fence or wall shall not exceed 8 feet within the first 15 feet of an established side or rear yard abutting a street or alley.  Fences of chain link or similar material are permitted in the first 15 feet of an established yard abutting a street or alley only if placed on the interior side of a masonry wall or solid wood fence and planted with a semi-opaque vegetative screen between wall or fence and street or alley.  Beyond the first 15 feet abutting a street or alley, such materials may be used if screened on the exterior side by evergreen shrubs planted no farther apart than 6 feet on center, minimum height 2½ feet at installation, or if obscured from view by other screening method(s) which perform at the same or a higher level.

·         In a commercial district, fences of chain link or similar material placed in an established yard which abuts a residential or mixed use district shall provide a semi-opaque vegetative screen on the exterior side of the fence.

·         For parking lots as principal or accessory uses, the standards of Article 6 will control.

.3        On-site Land Clearing and Inert Debris (LCID) landfill.

·         Any on-site LCID landfill must obtain a permit from and comply with the standards of the Mecklenburg County Environmental Protection Department and the State of North Carolina.

·         Any such landfill must be closed in an approved fashion within six months of completion of construction or within 12 months of cessation of construction, if the development project has not been completed.

·         The location of any such landfill must be indicated on the preliminary subdivision plan and the final subdivision plat.  Further, any parcel or lot which contains any part of any such landfill must have notification of the existence and extent of the landfill recorded as part of the deed for the lot or parcel.

·         No portion of any such landfill may be located within 75 feet of any property line which constitutes the external boundary of the project.  This includes structures, equipment storage, parking areas and fill areas, except that access drives may cross this area.

·         Any on-site LCID landfill which is located in a corporate business district is exempted from the 12 month requirement provided that no portion of the landfill is located within 300 feet of any adjoining property zoned for residential or mixed use, and so long as an opaque screen is provided and/or maintained which visually separates the landfill from the residential or mixed use adjoiners.

·          A surety bond or irrevocable letter of credit in an amount to be determined by the consulting engineer, must be provided to ensure that any active landfill area will be closed in an approved fashion.  The amount of the bond will be based upon the maximum acreage expected to be in use at any given time.

.4        Petroleum storage, accessory to a permitted principal use or building, subject to the Fire Prevention Code of the National Board of Fire Underwriters.

.5        Temporary buildings and storage of materials, provided that the use is in conjunction with the construction of a building on the same lot or on an adjacent lot; the temporary uses shall be terminated upon completion of construction.

.6        Swimming pools located on any site, including single family residential sites, shall be:

• Located in a side or rear yard only;
• Located a minimum of fifteen feet from any property line;
• Completely enclosed by a fence or wall no less than four feet but no more than eight feet in height above grade as measured on the side of the fence or wall which faces away from the swimming pool.  This fence or wall shall enclose the pool itself and may include any other additional portions of the lot.  All fence or wall openings into the pool area shall be equipped with a gate that opens outward away from the pool and shall be self-closing and have a self-latching device.

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8.12  Standards for Construction; Developer Responsibility

Where standards and responsibility for infrastructure construction, including but not limited to streets, sidewalks, and landscaping, are specified in this document or in the subdivision regulations of the Town of Huntersville, town standards shall control.  In the absence of a specified town standard, construction shall be in conformance with the then most recent version of the Charlotte-Mecklenburg Land Development Standards Manual (CMLDS).

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8.13  Regulation of Nuisances

.1        Noise.  No use shall be operated so as to generate recurring noises that are unreasonably loud, cause injury, or create a nuisance to any person of ordinary sensitivities.  No nonresidential use shall be operated so as to generate any noise in an adjacent residential, research, or office-institutional district, as detected in that district without instruments, that is louder than the noise which could be generally expected from uses permitted in that district.

.2        Fumes and Odors.  No use shall emit fumes, gasses, or odors in concentrations or amounts that cause injury or create a nuisance to any person of ordinary sensitivities on another property.

.3        Vibration.  No use shall be operated so as to generate inherent or recurring ground vibrations detectable at the property line without instruments

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8.14  General Standards for Driveway Permitting

.1        No driveway or other point of access to a public street shall be constructed, relocated, or altered unless a driveway permit is obtained from the Town of Huntersville or the State of North Carolina, whichever jurisdiction applies. The applicant shall comply with the most restrictive standards.

.2        For development projects composed of multiple buildings and lots, access to the pre-existing public street system shall be determined by the location of proposed intersecting streets.  Except for lots in the Conservation Subdivision, no parcel of land which is a functional part of the overall development, even though it may be removed by the developer from the rest of the project area by subdivision or by metes and bounds description, shall be permitted to have driveway access to the public streets bounding the project area.

.3        In a residential major subdivision, access to individual lots from streets constructed as part of the subdivision shall be reviewed and approved at the time each building permit is issued.  Individual driveway permits are not required on a lot by lot basis.

.4        Determination of the location and design of access to the public street system shall be made by  professional reviewers based on a contextual examination of the site, surrounding development, potential traffic generated on the site, current and future surface transportation system needs, special polices which might exist for the corridor being accessed, and state of the practice principles for access management as promulgated by the Institute of Transportation Engineers and the Transportation Research Board.

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8.15  Special Requirements for Lots along Thoroughfares

.1        Authorization. Pursuant to North Carolina General Statutes 160A-306 and 153A-326 (which state that cities and counties shall have authority to (1) classify all or a portion of the streets within their jurisdictions according to their size, present and anticipated traffic load, and other characteristics relevant to the achievement of the purposes of this section, and (2) establish by ordinance minimum distances that buildings and other permanent structures or improvements constructed along each class or type of street shall be set back from the right-of-way line or the center line of an existing or proposed street) the following requirements shall apply.

.2        Minimum Setbacks Along Thoroughfares.  The build-to or set back line for any lot which abuts a thoroughfare classified on the Charlotte-Mecklenburg Thoroughfare Plan shall be measured from the proposed right-of-way line, if existing right-of-way is of lesser width.  The Proposed Right-Of-Way Line established for each classification of thoroughfare is as follows:

Thoroughfare Classification	Distance from Thoroughfare Center line to "Prposed Right-of-Way Line"
Freeway or Expressway	125-175 feet
(Class I)
Limited Access Arterial	100 feet
(Class II)
Commercial Arterial	75 feet
(Class III-C)
Major Arterial	50 feet
(Class III)
Minor Arterial	35 feet
(Class IV)

 .3        Transitional Setback for Lots Along Thoroughfares.  A transitional setback or yard shall be established for each lot which abuts a thoroughfare that has an existing right-of-way which is not as wide as the ultimate right-of-way established for that thoroughfare.  The transitional setback or yard area established for lots abutting thoroughfares can be used for any purpose allowed by the particular zoning district, except for those permanent uses which are prohibited in the established setbacks or yards.  The area between the existing right-of-way and the Proposed Right-of-Way Line may not be used to satisfy any minimum open space requirement, any minimum lot size requirement, or any other minimum requirements imposed by this ordinance.  At the time that the proposed right-of-way is dedicated or otherwise acquired for roadway purposes, the property owner shall be responsible for the removal of any uses from the transitional setback or yard that are not otherwise permitted in the yard by the district regulations.  The property owner shall have one (1) year from the date of right-of-way acquisition to remove any such uses.

.4     Exceptions.  The standards herein prescribing setback from the proposed right-of-way line will not apply to any development for which a preliminary subdivision plan or a conditional district site plan has been approved prior to the effective date of regulations requiring setback from proposed right-of-way lines along thoroughfares.  Nor shall they apply to structures in the Town Center District.

.5     Right To Appeal  An affected property owner shall have the right to appeal transitional yard or setback requirements to the Board of Adjustment for variance or modification as they apply to a particular piece of property.  The Board of Adjustment may vary or modify these requirements upon a showing that:

(a)   The peculiar nature of the property results in practical difficulties or unnecessary hardships that impede carrying out the strict letter of the requirements, and

(b)   The property will not yield a reasonable return or cannot be put to reasonable use unless relief is granted, and

(c)   Balancing the public interest in enforcing the setback requirements and the interest of the owner, the grant of relief is required by considerations of justice and equity.

(d)   In granting relief, the Board of Adjustment may impose reasonable and appropriate conditions and safeguards to protect the interests of neighboring properties.  The Board of Adjustment's decision shall be subject to review by the superior court by proceedings in the nature of certiorari in accordance with N.C.G.S. 160A-388 (e).

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8.16  Standards for Residential Garages and Parking in Residential Districts

.1        On lots greater than 60 feet in width, front loading garages shall be recessed at least 10 feet behind the primary plane of the front facade of the structure.  

Exception for single family detached dwellings with 1400 square feet or less of heated space: single bay front loading garages may be built flush with, but may not project in front of, the primary plane of the front facade of the structure; double bay front loading garages shall be recessed at least 10 feet behind the primary plane of the front facade of the structure.

.2        On lots 60 feet or less in width, alley access is required if on-site parking is provided except as provided below.

.3        On lots 60 feet or less in width, attached and detached single-family homes may be permitted to have front or side entry garages if the following conditions are met:

(a)     The arrangement of permanent structural elements of the unit must provide side view screening of a single or double bay front-loading garage. Examples of permanent structural screening would be: an elevated porch or stoop with steps to ground.

(b)     The finished floor elevation must meet or exceed a height of 36” above grade to qualify under this paragraph. However, this requirement may be waived on projects with an average block cross-slope greater than 5% as measured from the existing ground elevation at the proposed street centerline to the existing ground elevation at the proposed rear lot line.

(c)     For attached single-family homes, the garages may not abut one another.

(d)     Single or double bay side-loading garages shall be permitted for the end unit of an attached single-family home provided the garage is recessed at least 2 feet behind the primary plane of the structure and the finished floor elevation of the dwelling unit is a minimum of 15 inches above the floor elevation of the garage.

(e)     A double bay front-loaded garage will be permitted only if the average block cross slope is greater than 5% as defined in item B and the garage is recessed at least 10 feet behind the front façade of the dwelling unit, the garage has two single bay width doors, and the garage width must be less than the width of the remaining portion of the front façade of the dwelling.

.4        In no case shall on-site residential parking extend into the public right of way, or into an easement for a public sidewalk on private property.

.5        On-street parking at lot front, when specifically provided, may be counted toward all or part of the parking requirement of a dwelling unit.

.6        Detached garages may only be placed in the established rear yard.  Garages for more than two cars must be detached and located in the established rear yard or be attached side or rear loading,

.7        Lots in subdivisions approved prior to the effective date of this ordinance, are exempt from the limitations of .1 through .2, above.

.8        Vehicles used primarily for commercial purposes and with more than two axles are prohibited from parking on streets, in driveways, or on private property in residential districts.  This shall not be construed as preventing the temporary parking of delivery trucks, moving vans, and similar vehicles which deliver goods or services.

.9        Provisions for parking unlicensed vehicles in residentially zoned districts shall be as follows:

(a)     No more than two (2) motor vehicles that do not have a current, valid license plate and are not fully enclosed in a permanent structure shall be permitted outside on any premises, provided such vehicles are registered to the occupant of the premises or immediate family member of the occupant as the record title of the vehicle.

(b)     No unlicensed motor vehicle if not registered to the occupant of the premises or immediate family member of the occupant as the record title owner of the vehicle shall be permitted outside of any premises.

(c)     Vehicles described in paragraphs (a) and (b) are not permitted to be located within any established setback or any established side yards which abut a street or any required side yards contained in these regulations or any street right-of-way.  If stored in the rear yard, it must be a minimum of five (5) feet off the rear property line.

(d)     Vehicles described in paragraphs (a) and (b) are not permitted on vacant or undeveloped parcels.

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8.17  Water Quality

.1     Purpose. The purpose of this regulation is to establish storm water management requirements and controls to prevent surface water quality degradation to the extent practicable in the streams and lakes within the Town Limits and Extraterritorial Jurisdiction of Huntersville and to protect and safeguard the general health, safety, and welfare of Huntersville’s residents.  This regulation seeks to meet this purpose by fulfilling the following objectives

a)     Minimize increases in storm water runoff from development or redevelopment in order to reduce flooding, siltation and streambank erosion, and maintain the integrity of stream channels;

b)    Minimize increases in non-point source pollution caused by storm water runoff from development or redevelopment that would otherwise degrade local water quality;

c)     Minimize the total volume of surface water runoff that flows from any specific site during and following development in order to replicate pre-development hydrology to the maximum extent practicable;

d)    Reduce storm water runoff rates and volumes, soil erosion and non-point source pollution, to the extent practicable, through storm water management controls (BMPs) and to ensure that these management controls are properly maintained and pose no threat to public health or safety; and

e)     Meet the requirements of the National Pollution Discharge Elimination System (NPDES) Storm Water Permit and other requirements as established by the Clean Water Act.

This regulation and the Huntersville Water Quality Design Manual require the use of Low Impact Development (LID) practices, which more closely replicate a site’s predevelopment characteristics compared to conventional storm water management techniques.

.2     Applicability. This regulation shall apply to all of the land located within the Town Limits and Extraterritorial Jurisdiction of Huntersville.  The effective date of this regulation is February 17, 2003.  This regulation governs the development and use of all land and structures.  No building, structure, or land shall be used, occupied or altered, and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered, unless in conformity with all the provisions of this regulation and all other applicable regulations, except as otherwise provided by this regulation.

.3     Exceptions to Applicability.

a)     All properties shall be subject to this regulation except those properties which, as of the effective date of February 17, 2003, fit into one of the following categories: 

(1)   Have been issued a Certificate of Building Code Compliance;

(2)   Have a valid building permit; or 

(3)   Are included on a valid preliminary subdivision plan and/or a valid sketch plan.

(4) Any complete conditional rezoning application and subdivision sketch plan submitted by May 1, 2007.

b)    Redevelopment of non-single family homes that disturbs less than 20,000 square feet, does not decrease existing storm water controls, and renovation and/or construction costs do not exceed 100% of the tax value of the property.

c) New development that includes the creation of less than or equal to 6% built upon area is not subject to the provisions of this regulation.

d) Residential development activity that disturbs less than one acre of land and is not part of a larger common plan of development or sale, including new development, redevelopment or expansions, is not subject to the provisions of this regulation.

e) Non-residential development activity that disturbs less than 1/2 acre of land and is not part of a larger common plan of development or sale, including new development, redevelopment or expansions, is not subject to the provisions of this regulation.

.4 No Development or Redevelopment Until Compliance and Permit.

No Development or redevelopment shall occur except in compliance with the provisions of this ordinance or unless exempted. No development for which a permit is required pursuant to this ordinance shall occur except in compliance with the provisions, conditions, and limitations of the permit.

.5 Map.

The provisions of this ordinance shall apply within the areas designated on the map titled "Post-Construction Ordinance Map of the Town of Huntersville, North Carolina" (hereafter referred to as the "Post-Construction Ordinance Map"), which is adopted simultaneously herewith. The Post-Construction Ordinance Map and all explanatory matter contained thereon accompanies and is hereby made a part of this ordinance. The Post-Construction Ordinance Map shall be kept on file by the Storm Water Administrator or designee (hereinafter referred to as the "Storm Water Administrator") and shall be updated to take into account changes in the land area covered by this ordinance and the geographic location of all structural BMP's permitted under this ordinance. In the event of a dispute, the applicability of this ordinanceto a particular area of land or BMP shall be determined by appeal through the Storm Water Administrator.

.6     Definitions. For the purposes of this Ordinance, the following words and phrases shall be defined as specified below:

Administrative Manual. A manual developed by the Storm Water Administrator and distributed to the public to provide information for the effective administration of this ordinance, including but not limited to application requirements, submission schedule, fee schedule, maintenance agreements, criteria for mitigation approval, criteria for recordation of documents, inspection report forms, requirements for submittal of bonds, a copy of this ordinance, and where to obtain the Design Manual.

Best Management Practices (BMPs).  A structural or nonstructural management based practice used singularly or in combination to reduce non-point source input to receiving waters in order to achieve water quality protection goals.

• Non-structural BMPs - Non-engineering methods to control the amount of non-point source pollution.  These may include land-use controls and vegetated buffers.
• Structural BMPs - Engineered structures that are designed to reduce the delivery of pollutants from their source or to divert contaminants away from a waterbody.  

Built-Upon Area (BUA). That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built-upon area" does not include a wooden slatted deck or the water area of a swimming pool.

Design Manual. the storm water design manual shall be approved for use in hte Town of Huntersville by the North CArolina Department of Environment and Natural Resources and shall be at least as stringent as the storm water design manual approved for use in Phase II jurisdictions by the Department for the proper implementation of the requirements of the federal Phase II storm water program. All references herein to the Design Manual are to the latest published edition or revision.

Detain.  To store and slowly release storm water runoff following precipitation by means of a surface depression or tank and an outlet structure.   Detention structures are commonly used for pollutant removal, water storage, and peak flow reduction.

Hydrologic Abstractions.  Physical processes of interception of rainfall or overland storm water flow by vegetation, evaporation from land surfaces and upper soil layers, transpiration by plants, infiltration of water into soil surfaces, and storage of water in surface depressions.

Low Impact Development (LID).  The integration of site ecology and environmental goals and requirements into all phases of urban planning and design from the individual residential lot level to the entire watershed.

Mecklenburg County Land Use and Environmental Services Agency.  The department or division of Mecklenburg County government (regardless of the title given to it by Mecklenburg County) which has responsibility for storm water and water quality matters, acting as the agent of the Town of Huntersville for various purposes in connection with the enforcement of this regulation.

National Pollution Discharge Elimination System (NPDES) Permit.  A permit issued pursuant to the federal Clean Water Act for the purpose of controlling discharges of pollutants to surface waters and protecting water quality.  In North Carolina, NPDES Permits are issued by the N.C. Department of Environment and Natural Resources.

Non-Point Source (NPS) Pollution.  Forms of pollution caused by sediment, nutrients, organic and toxic substances originating from land use activities and carried to lakes and streams by surface runoff. 

Retain.  To capture and hold storm water runoff following precipitation by means of surface depression allowing the water to infiltrate into the soil, thus reducing the hydrologic and pollution impacts downstream.  Retention structures are commonly used for pollutant removal, water storage, and peak flow reduction.

Site Evaluation Tool (SET).  A spreadsheet-based model that assesses and compares pre-development and post-development runoff, infiltration, and pollutant loading rates, which provides a methodology to aid in better site design and evaluation of BMP effectiveness.

Storm Water Administrator. The Mecklenburg County Water Quality Program Manager that has been designated by the Town of Huntersville Board of Commissioners to administer and enforce this ordinance.

Storm Water Management Permit. A permit required for all development and redevelopment unless exempt pursuant to this ordinance, which demonstrates compliance with this ordinance.

Total Suspended Solids (TSS).  Total suspended matter in water, which is commonly expressed as a concentration in terms of milligrams per liter (mg/l) or parts per million (ppm).

7. Interpretation.

a) Meaning and Intent

All provisions, terms, phrases and expressions contained in this ordinance shall be construed according to the general and specific purposes set forth in Section 8.17.1, Purpose. If a different or more specific meaning is given for a term defined elsewhere in the Town of Huntersville ordinances, the meaning and application of the term in this ordinance shall control for purposes of application of this ordinance.

b). Text Controls in Event of Conflict

In the event of a conflict or inconsistency between the text of this ordinance and any heading, caption, figure, illustration, table or map, the text shall control.

c) Authority for Interpretation.

The Storm Water Administrator has authority to interpret this ordinance. Any person may request an interpretation by submitting a written request to the Storm Water Administrator who shall respond in writing within 30 days. The Storm Water Administrator who shall keep on file a record of all written interpretations of this ordinance.

d) References to Statutes, Regulations, and Documents

Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the Design and Administrative Manuals), or document, it shall be construed as a reference to the most recent edition of such that has been finalized and published with due provision for notice and comment, unless otherwise specifically stated.

e) Computation of Time

The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the Town of Huntersville, the deadline is required date of action shall be the next day thta is not a Saturday, Sunday or holiday observed by the Town of Huntersville. References to days are calendar days unless otherwise stated.

f) Delegation of Authority

Any act authorized by this ordinance to be carried out by the Storm Water Administrator or the Town of Huntersville may be carried out by his or her designee.

g) Usage

(1) Mandatory and Discretionary Terms

The words "shall," "must," and "will," are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.

(2) Conjunctions

Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: The word "and" indicates that all connected items, conditions, provisions or events apply. The word "or" indicates that one or more of the connected items, conditions, provisions or events apply.

(3) Tense, Plurals, and Gender

Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.

h) Measurement and Computation

Lot area refers to the amount of the horizontal land area contained inside the lot lines of a lot or site.

.8     Huntersville Water Quality Design Manual. Subject to Huntersville Planning Director approval, the Mecklenburg County Land Use and Environmental Services Agency shall furnish, maintain and update a Water Quality Design Manual for the Town of Huntersville containing additional policy, criteria and information that shall be followed for the proper implementation of the requirements of this Ordinance.   This Design Manual shall be at least as stringent as the storm water design manual approved for use in the Phase II jurisdictions by the N.C. Department of Environment and Nartural Resources for the proper implementation of the requirements of the federal phase II storm water program. All references herein to the Design Manual are to the latest published edition or revision. BMPs that are designed and constructed in accordance with the criteria contained in this Manual shall be accepted as meeting the minimum Performance Criteria. If the specifications or guidelines of the Design Manual are more restrictive or apply a higher standard than other laws or regulations, that fact shall not prevent application of the specifications or guidelines in the Design Manual. Standards, specifications, guidelines, policies, criteria, or other information in the Design Manual in affect at the time of acceptance of a complete application shall control and shall be utilized in reviewing the appliaction and in implementing this ordinance with regard to the application. The design manual may be updated and expanded from time to time, based on advancements in technology and engineering, improved knowledge of local conditions, or local monitoring or maintenance experience. Prior to amending or updating the Design Manual, proposed changes shall be generally publicized and made available for review, and an opportunity for comment by interested persons shall be provided.

9. Relationship to Other Laws, Regulations and Private Agreements

(a) Conflict of Laws

This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare, shall control.

(b) Private Agreements

This ordinance is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this ordinance shall govern. Nothing in this ordinance shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply with this ordinance. In no case shall the Town of Huntersville be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.

.10          Severability.

If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this ordinance.

11. Effective Date and Transitional Provisions.

(a) effective date

This ordinance shall take effect on June 30, 2007.

(b) Violations Continue

Any violation of the provisions of this ordinance existing as of the effective date of this ordinance shall continue to be a violation under this ordinance and be subject to penalties and enforcement unless the use, development, construction, or other activity complies with the provisions of this ordinance.

.12     Performance Criteria.  Land development activities shall be performed in such a manner as to minimize the degradation of water quality conditions through compliance with the Performance Criteria listed below.  Section 6 of the Huntersville Water Quality Design Manual contains a description of approved BMPs for meeting each of these Criteria.

a)     All storm water treatment systems used to meet these Performance Criteria shall be designed to achieve average annual 85% Total Suspended Solids (TSS) removal for the developed area of the site. Areas designated as open space that are not developed do not require storm water treatment..  All sites must employ LID practices to control and treat runoff from the first inch of rainfall.

b)    LID practices or a combination of LID and conventional storm water management practices shall be used to control and treat the increase in storm water runoff volume associated with post-construction conditions as compared with pre-construction (existing) conditions for the 2-year frequency, 24-hour duration storm event in the Rural and Transitional Zoning Districts.  For all other Zoning Districts, LID practices or a combination of LID and conventional storm water management practices shall be used to control and treat the increase in storm water runoff volume associated with post-construction conditions as compared with pre-construction (existing) conditions for the 1-year frequency, 24-hour duration storm event.  This may be achieved by hydrologic abstraction, recycling and/or reuse, or other accepted management practice as described in Section 6 of the Huntersville Water Quality Design Manual.

c)       Where any storm water BMP employs the use of a temporary water quality storage pool as a part of its treatment system, the drawdown time shall be a minimum of 48 hours and a maximum of 120 hours.

d)       Peak storm water runoff rates shall be controlled for all development above 12% imperviousness.  The peak storm water runoff release rates leaving the site during post-construction conditions shall be equal to or less than the pre-development peak storm water runoff release rates for the 2-year frequency, 24-hour duration storm event and 10-year frequency, 24-hour duration storm event.  The emergency overflow and outlet works for any pond or wetland constructed as a storm water BMP shall be capable of safely passing a discharge with a minimum recurrence frequency of 50 years.  For detention basins, the temporary storage capacity shall be restored within 72 hours.  Requirements of the Dam Safety Act shall be met when applicable. 

e)     No one BMP shall receive runoff from an area greater than five (5) acres.  However, the total drainage area from BMPs used in series (i.e., integrated) can exceed this five (5) acre maximum.

f) Storm water runoff from the development shall be transported from the development by vegetated conveyance to the maximum extent practical.

.13     Low Impact Development (LID). The Performance Criteria discussed in Section 8.17.12 shall be achieved using LID site planning and techniques or a combination of LID and conventional storm water management practices.  The goal of LID is to develop site design techniques, strategies, and BMPs to store, infiltrate, evaporate, retain, and detain runoff on the site to more closely replicate pre-development runoff characteristics and to better mimic the natural and unique hydrology of the site thereby limiting the increase in pollutant loads caused by development.  The selection of these strategies and techniques for compliance with the Performance Criteria in Section 8.17.12 is discretionary and shall be detailed in a storm water management permit application submitted during the preliminary plan review process.  Specific requirements regarding the design, installation and maintenance of LID structures and a discussion of LID site planning is contained in the Huntersville Water Quality Design Manual.

.14 Storm Water Administrator

a) Designation.  The Mecklenburg County Water Quality Program Manager has been designated as the Storm Water Administrator by the Town of Huntersville for the purpose of administering and enforcing this ordinance. Any act authorized by this ordinance to be carried out by the Storm Water Administrator of the Town of Huntersville may be carried out by his or her designee.

b) Powers and Duties. In addition to the powers and duties that may be conferred by other provisions of other laws, the Storm Water Administrator shall have the following powers and duties under this ordinance:

1. To review and approve or disapprove applications submitted pursuant to this ordinance.
2. To make determinations and render interpretations of this ordinance.
3. To establish application requirements and schedules for submittal and review of applications and appeals.
4. To enforce this ordinance in accordance with its enforcement provisions.
5. To maintain records, maps, and official materials as relate to the adoption, amendment, enforcement, or administration of this ordinance.
6. To provide expertise and technical assistance upon request to the Huntersville Town Board.
7. To designate appropriate other person(s) who shall carry out the powers and duties of the Storm Water Administrator.
8. To provide information and recommendations relative to variances and information as requested by the Town of Huntersville in response to appeals.
9. To take any other action necessary to administer the provisions of this ordinance.

15. Review Procedures

a) Permit Required; Must Apply for Permit .  A storm water management permit is required for all development and redevelopment unless exempt pursuant to this ordinance. A permit may only be issued subsequent to a properly submitted, reviewed and approved permit application, pursuant to this Section.  The content and form of the permit shall be established by the Storm Water Administrator.

(1)        Concept Plans.  A Concept Plan shall be submitted to the Storm Water Administrator for review prior to the submittal of the Storm Water Management Permit Application.  This Concept Plan shall include the information necessary to evaluate the proposed development site for compliance with Performance Criteria as detailed in the Huntersville Water Quality Design Manual.

(2) Site Evaluation Tool. A storm water management permit application shall include Site Evaluation Tool (SET) output along with sketch plans for each proposed development site. Section 9 of the Huntersville Water Quality Design Manual contains detailed information concerning the submission requirements for SET.

b) Effect of Permit. A storm water management permit shall govern the design, installation, and construction of storm water management and control practices on the site, including structural BMP's and elements of site design for storm water management other than structural BMP's. The permit is intended to porvide a mechanism for the review, approval, and inspection of the approach to be used for th emanagement and control of storm water for hte development or redevelopment site consistent with the requirements of this ordinance. Compliance after the project construction is assured by the maintenance provision of this ordinance.

c) Authority to File Applications. All applications required pursuant to this ordinance shall be submitted to the Storm Water Administrator by the land owner of the land owner's duly authorized agent or anyone having interest in the property by reason of a written contract with the owner.

d) Establishment of Application Requirements, Schedule, and Fees.

(1)        Application Contents and Form.  The Storm Water Administrator shall establish requirements for the content and form of all applications and shall amend and update those requirements from time to time. At a minimum, the storm water management permit application shall describe in detail how post-construction storm water runoff will be controlled and managed, the design of all storm water facilities and practices, and how the proposed project will meet the requirements of this ordinance.  The permit application shall contain SET outputs, supporting computations, drawings, soil analyses, calculations for each BMP and overall site hydrology calculations as well as other information sufficient to describe the manner, location, and type of measures for managing storm water from the development in compliance with this ordinance.  In addition, the permit application shall specify those parties responsible for long term maintenance of all BMPs. 

(2)        Submission Schedule.  The Storm Water Administrator shall establish a submission schedule for applications. The schedule shall establish deadlines by which complete applications must be submitted for the purpose of ensuring that there is adequate time to review applications, and that the various stages in the review process are accommodated.

(3)        Permit Review Fees.  The Town of Huntersville shall establish permit review fees as well as policies regarding refund of any fees upon withdrawal of an application, and may amend and update the fees and policies from time to time.

(4)        Administrative Manual.  For applications required under this ordinance, the Storm Water Administrator shall compile into an Administrative Manual the application requirements, submittal checklist, submission schedule, fee schedule, maintenance agreements, a copy of this ordinance, and where to obtain the Design Manual, as well as other information and materials necessary for the effective administration of this ordinance.  This Administrative Manual shall be made available to the public.

e)         Submittal of Complete Application.  Applications shall be submitted to the Storm Water Administrator pursuant to the application submittal schedule in the form established by the Storm Water Administrator, along with the appropriate fee established pursuant to this Section.  An application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to this ordinance, along with the appropriate fee. If the Storm Water Administrator finds that an application is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. However, the submittal of an incomplete application shall not suffice to meet a deadline contained in the submission schedule established above.

f)          Review.  Within 30 working days after a complete application is submitted, the Storm Water Administrator shall review the application and determine whether the application complies with the standards of this ordinance.

(1)        Approval.  If the Storm Water Administrator finds that the application complies with the standards of this ordinance, the Storm Water Administrator shall approve the application and issue a storm water management permit to the applicant. The Storm Water Administrator may impose conditions of approval as needed to ensure compliance with this ordinance. The conditions shall be included in the permit as part of the approval.

(2)        Fails to Comply.  If the Storm Water Administrator finds that the application fails to comply with the standards of this ordinance, the Storm Water Administrator shall notify the applicant and shall indicate how the application fails to comply. The applicant shall have an opportunity to submit a revised application.

(3)   A complete revised application shall be reviewed by the Storm Water Administrator within 15 working days after its re-submittal and shall be approved, approved with conditions or disapproved.  If a revised application is not re-submitted within sixty (60) calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee.

16.       Applications for Approval.

a) Concept Plan and Consultation Meeting

Before a storm water management permit application is submitted, the Storm Water Administrator or land owner or the land owner’s duly authorized agent or anyone having interest in the property by reason of a written contract with the owner may request consultation(s) on a concept plan for the post-construction storm water management system to be utilized in the proposed developmentproject. This consultation meeting(s) should take place at the time of the preliminary plan of the subdivision or other early step in the development process. The purpose of this meeting(s) is to discuss the post-construction storm water management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to storm water management designs before formal site design engineering is commenced. Local watershed plans and other relevant resource protection plans may be consulted in the discussion of the concept plan.

At the time of concept plan submittal, the following information should be included in the concept plan, which should be submitted in advance of the meeting as specified in the Administrative Manual:

(1) Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys; boundaries of existing predominant vegetation and proposed limits of clearing and grading; proposed Undisturbed Open Space area; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces.

(2)  Natural Resources Inventory. Written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic system setbacks, etc.). Particular attention should be paid to environmentally-sensitive features that provide particular opportunities or constraints for development.

(3) Storm Water Management System Concept Plan. A written or graphic concept plan of the proposed post-construction storm water management system including: preliminary selection and location of proposed structural storm water controls; low impact design elements; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of proposed Undisturbed Open Space areas; location of all floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings.

b)         Storm Water Management Permit Application

The storm water management permit application shall detail how post-construction storm water runoff will be controlled and managed and how the proposed project will meet the requirements of this ordinance.  All such plans submitted with the application shall be prepared by a registered North Carolina professional engineer or landscape architect.  The engineer or landscape architect shall perform services only in their area of competence, and shall verify that the design of all storm water management facilities and practices meets the submittal requirements for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies found in the Design Manual, and that the designs and plans ensure compliance with this ordinance.

The submittal shall include all of the information required in the submittal checklist established by the Storm Water Administrator. Incomplete submittals shall be treated pursuant to Section 8.17.15(e).

c) As-Built Plans and Final Approval

The applicant shall certify that the completed project is in accordance with the approved plans and designs, and shall submit actual “as- built” plans for all storm water management facilities or practices after final construction is completed.  Failure to provide approved as-built plans within the time frame specified by the Storm Water Administrator may result in assessment of penalties.  At the discretion of the Storm Water Administrator, performance securities or bonds may be required for storm water management facilities or practices until as-built plans are approved.

As-built plans shall show the final design specifications for all storm water management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed.  The designer of the storm water management measures and plans shall certify, under seal, that the as-built storm water measures, controls, and devices are in compliance with the approved plans and designs and with the requirements of this ordinance. The exact boundary of all storm water management measures shall be shown on final plats prepared by a registered surveyor. Further, final plats shall contain the following statement:  "This lot contains a water quality feature that must be maintained in accordance with the recorded Maintenance Covenant as specified in Section 8.17.21(a) of the Huntersville Zoning Ordinance.

Final as-built plans and a final inspection and approval by the Storm Water Administrator are required before a project is determined to be in compliance with this ordinance and before performance securities shall be released.  At the discretion of the Storm Water Administrator, certificates of occupancy may be withheld pending receipt of as-built plans and the completion of a final inspection and approval of a project.

Upon submittal of as-built plans, the location of storm drainage pipes, inlets and outlets as well as the location of all BMPs must be delivered to the Storm Water Administrator in the digital format specified in the Administrative Manual.

.17 Approvals

a)        Effect of Approval

Approval authorizes the applicant to go forward with only the specific plans and activity authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, state, and federal authorities.

(1) Time Limit/Expiration

A Storm Water Management Permit and accompanying plan approved under the provisions of this ordinance shall remain valid for a period of three years from the date of approval.  If no work on the site in furtherance of the plan has commenced within the three-year period, the permit and plan approval will become null and void and a new application will be required to develop the site.  If work on the site in furtherance of the plan has commenced that involves any utility installations or street improvements except grading, the permit and plan shall remain valid and in force and the project may be completed in accordance with the approved plan.

.18     Incentives.

a)     Purpose.  The purpose of this Section is to set forth incentives to offset restrictions that LID may have on the development of certain sites.

b)    Setbacks.  In order to accommodate water quality BMPs, required setbacks, side yards and rear yards in the Rural and Transitional Zoning Districts may be reduced up to 25%.  The reductions may not compromise public safety such as the site distance triangles as defined by this Zoning Ordinance.

c)     Sidewalks.  To reduce impervious cover and promote LID, sidewalks on one side of the street may be waived in the Rural Zoning District.

d)       Required Plant Reduction and Substitution.  In order to accommodate water quality BMPs, the number of planted trees may be reduced in buffer yards by 10%, 50% of the required trees may be 1.5 inches in caliper, and all shrubs may be 24 inches in height.

e)     Encroachments. Water quality BMPs may encroach into a required buffer yard as long as the encroachment does not disturb existing vegetation.  Minor understory may be disturbed in order to accommodate water quality structures.  Trees and shrubs shall be placed to maximize screening where the encroachment takes place.  If the encroachment runs parallel to the buffer, the width of the buffer shall be increased by the amount of the encroachment.

.19   Appeals and Variances. An appeal to reverse or modify the order, decision, determination, or interpretation of the Huntersville Zoning Administrator or any other designated administrative officer shall comply with the procedures and standards of Section 11.3 of these regulations.

.20   Posting of Financial Security. Approval of a Water Quality Management Plan shall be subject to the owner filing a surety bond or letter of credit or making other financial arrangements in favor of Mecklenburg County as agent for the Town of Huntersville acceptable to the Mecklenburg County Land Use and Environmental Services Agency guaranteeing the installation and maintenance of required BMPs until the issuance of certificates of occupancy for seventy-five percent (75%) of all construction which might reasonably be anticipated to be built within the area which drains into the BMP, allowing credit for improvements completed prior to the submission of the final plat.  At such time that this level of occupancy is achieved, written notice thereof shall be submitted by the owner to the Mecklenburg County Land Use and Environmental Services Agency.  The owner shall verify the adequacy of the Maintenance Covenant for the BMPs including the necessary financing to support the proposed maintenance practices.  The owner shall also provide professional engineer certification that the BMP is designed and constructed in accordance with approved plans and specifications.  The Mecklenburg County Land Use and Environmental Services Agency will inspect the structural BMP and verify the effectiveness of the Maintenance Covenant and, if both are found to be satisfactory, the Mecklenburg County Land Use and Environmental Services Agency will notify the owner in writing within 30 days of the date of notice regarding approval of the BMP.  Following the issuance of this written approval, the owner can request the release of the surety bond, letter of credit or other financial arrangements at which time the maintenance responsibilities for the BMPs shall revert to the Homeowners Association, property owner or other party responsible for long term maintenance as specified in the Maintenance Covenant.  It shall be expressly stated within the restrictive covenants or homeowners association documents that it will be the responsibility of the owner or assigns to maintain BMPs until such time as maintenance responsibilities have been transferred to the Homeowners Association Board of Directors, property owner or other party responsible for long term maintenance of the BMPs.  It shall be the sole responsibility of the owner or assigns to correct any deficiencies prior to said transfer of maintenance responsibilities.

.21   Maintenance.

The owner of each BMP installed pursuant to this ordinance shall maintain and operate it so as to preserve and continue its function is controlling storm water quality and quantity at the degree or amount of function for which the BMP was designed.  BMPs shall not be constructed on public land, within public rights-of-way, and/or within public easements without written approval from the public body with ownership/jurisdiction of the subject property. The following requirements shall be met for all BMPs that have been constructed on privately-owned property and not within a public easement.

a)     Operation and Maintenance Agreement.  Prior to the issuance of an Occupancy Permit for any building within a permitted development served by a BMP, the applicant or owner of the BMP shall establish a formal Operation and Maintenance Agreement approved by the Mecklenburg County Land Use and Environmental Services Agency and recorded in the Office of the Register of Deeds in which the owner acknowledges the duty of the owner and all subsequent owners of the property to maintain the BMP in accordance with the terms of the Agreement, including repairing and, if necessary, reconstruction of the BMP.  Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the Operation and Maintenance Agreement. A maintenance plan shall be included as part of the Agreement that shall state the terms, conditions, and schedule of maintenance for the structural BMP as well as describe the mechanism for funding maintenance and repairs.  the Operation and Maintenance Agreement shall also specify the Property Owners Association or other party responsible for maintenance of the BMP.  A Property Owners Association or similar legal entity shall have the power to compel contributions from residents of a development to cover their proportionate shares of the costs associated with BMP maintenance. At the discretion of the Storm Water Administrator, certificates of occupancy may be withheld pending receipt of an operation and maintenance agreement.

Standard Operation and Maintenance Agreements for BMPs shall be developed by the Storm Water Administrator and made available in the Administrative Manual.  The Operation and Maintenance Agreement must be approved by the Storm Water Administrator prior to plan approval, and it shall be referenced on the final plat and shall be recorded by the applicant or owner with the Mecklenburg County Register of Deeds upon final plat approval.  A copy of the recorded maintenance agreement shall be given to the Storm Water Administrator within fourteen (14) days following its recordation.

b)         Inspection and Maintenance Requirements.  All BMPs installed pursuant to the requirements of this ordinance shall be inspected at a minimum of annually by a qualified registered North Carolina professional engineer or landscape architect performing services only in their area of competence.  The purpose of these inspections is to identify maintenance and repair needs and to ensure compliance with the requirements of this ordinance.  The person responsible for BMP maintenance shall submit to the Storm Water Administrator a completed inspection report beginning one year from the date of as-built certification and each year thereafter on or before the anniversary date of the as-built certification.  All inspection reports shall be on forms supplied by the Storm Water Administrator and contained in the Administrative Manual.  Any identified maintenance and/or repair needs shall be addressed in a timely manner.  The inspection and maintenance requirement may be increased as deemed necessary by the Storm Water Administrator to ensure proper functioning of the BMP.

c)         Records of Installation and Maintenance Activities.  Parties responsible for the inspection, operation, and maintenance of a BMP shall make records of the installation of all the maintenance and repairs and shall retain the records for at least five (5) years.  Those records shall be made available to the Storm Water Administrator upon request and/or as specifically outlined in the Maintenance Covenant.

d)Failure to Maintain Practices.  It is unlawful for a property owner to fail to meet the requirements of the Operation and Maintenance Agreement.  Any person or association that fails to meet the requirements of the Operation and Maintenance Agreement shall be subject to a civil penaltyas described in Section 8.17.25. 

e) Maintenance Easement. Every structural BMP installed pursuant to this ordinance shall be made accessible for adequate inspection, maintenance, reconstruction and repair by a maintenance easement. The easement shall be recorded with the Mecklenburg County Register of Deeds Office and its terms shall specify who may make use of the easement and for what purposes.

.22       Deed Recordation and Indications on Plat

The approval of the storm water management permit shall require an enforceable restriction on property usage that runs with the land, such as plat, recorded deed restrictions or protective covenants, to ensure that future development and redevelopmentmaintains the siteconsistent with the approved project plans.  Stream buffers as described in Section 8.25 including the delineation of each buffer zone must be specified on all surveys and record plats.  The Operations and  Maintenance Agreement Covenant pertaining to every structural BMP shall be referenced on the final plat and shall be recorded with the Mecklenburg County Register of Deeds Office upon final plat approval. If no subdivision plat is recorded for the site, then the Maintenance Covenant shall be recorded with the Mecklenburg County Register of Deeds Office so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles.  A copy of the recorded Maintenance Covenant shall be provided to the Storm Water Administrator within fourteen (14) days following receipt of the recorded document.  A maintenance easement shall be recorded for every structural BMP to allow sufficient access for adequate maintenance.  The specific recordation and deed restriction requirements as well as notes to be displayed on final plats and deeds shall be contained in the Administrative Manual. 

.23   Inspection of BMPs.

a)     Inspections.  As described in Section 8.17.21(b), the owner of a BMP shall inspect said BMP at a minimum of annually. Additional inspections may be conducted by the Mecklenburg County Land Use and Environmental Services Agency on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspections of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual dischargers of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of State or Federal water quality standards or the NPDES Storm Water Permit; and joint inspections with other agencies inspecting under environmental and safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; evaluating the condition of BMPs and storm water management practices.

b)    Right-of-Entry for Inspection. When any new BMP is installed on private property, the property owner shall grant to the Mecklenburg County Land Use and Environmental Services Agency the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when the Mecklenburg County Land Use and Environmental Services Agency has a reasonable basis to believe that a violation of this regulation is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this regulation. 

.24       Standards for Storm Water Control Measures.

(a) Evaluation According to Contents of Design Manual

All storm water control measures and storm water treatment practices (also referred to as Best Management Practices, or BMPs) required under this ordinance shall be evaluated by the Storm Water Administrator according to the policies, criteria, and information, including technical specifications, standards and the specific design criteria for each storm water best management practice contained in the Design Manual. The Storm Water Administrator shall determine whether these measures will be adequate to meet the requirements of this ordinance.

(b) Determination of Adequacy; Presumptions and Alternatives

Storm water treatment practices that are designed, constructed, and maintained in accordance with the criteria and specifications in the Design Manual will be presumed to meet the minimum water quality and quantity performance standards of this ordinance. Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the Design Manual, the applicant shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of this ordinance before it can be approved for use. The Storm Water Administrator may require the applicant to provide such documentation, calculations, and examples as necessary for the Storm Water Administrator to determine whether such an affirmative showing is made.

(c) Submittal of Digital Records

Upon submittal of as-built plans, the location of storm drainage pipes, inlets and outlets as well as the location of all BMPs must be delivered to the Storm Water Administrator in the digital format specified in the Administrative Manual.

.25                Civil Penalties

(a) Violations of Ordinance

A violation of any of the provisions of this ordinance or rules or other orders adopted or issued pursuant to this ordinance may subject the violator to a civil penalty.  A civil penalty may be assessed from the date the violation occurs.  No penalty shall be assessed until the person alleged to be in violation has been notified of the violation of this ordinance.  Refusal to accept the notice or failure to notify the Storm Water Administrator of a change of address shall not relieve the violator’s obligation to comply with the ordinance or to pay such a penalty.

(b) Amount of Penalty

The maximum civil penalty for each violation of this ordinance is $5000.00.  Each day of continuing violation shall constitute a separate violation. 

(c) Notice of Assessment of Civil Penalty

The Storm Water Administrator shall determine the amount of the civil penalty and shall notify the violator of the amount of the penalty and the reason for assessing the penalty.  This notice of assessment of civil penalty shall be served by any means authorized under G.S. 1A-1, Rule 4 and shall direct the violator to either pay the assessment or file an appeal within 30 days of receipt of the notice as specified in Section 8.17.25(e) below. 

(d) Failure to Pay Civil Penalty Assessment

If a violator does not pay a civil penalty assessed by the Storm Water Administrator within 30 Days after it is due, or does not request a hearing, the Storm Water Administrator shall request the initiation of a civil action to recover the amount of the assessment.  The civil action shall be brought in Mecklenburg County Superior Court or in any other court of competent jurisdiction.  A civil action must be filed within three (3) years of the date the assessment was due.  An assessment that is appealed is due at the conclusion of the administrative and judicial review of the assessment.

(e) Appeal of Remedy or Penalty

The issuance of an order of restoration and/or notice of assessment of a civil penalty by the Storm Water Administrator shall entitle the responsible party or entity to an appeal before the Zoning Board of Adjustment of the Town of Huntersville if such Person submits written demand for an appeal hearing to the Town of Huntersville within 30 days of the receipt of an order of restoration and/or notice of assessment of a civil penalty.  The appeal of an order of restoration and/or notice of assessment of a civil penalty shall be conducted as described in Section 11.3 of this ordinance.

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8.18 Flags

.1     Flag shall mean a piece of fabric or other flexible material solely containing distinctive colors, patterns,  standards, words or emblems used as the symbol of any nation, state, city, or any fraternal, religious, or civic organization.

(a)     All flags shall be displayed on flagpoles, which may be vertical or mast-arm flagpoles.

(b)     In non-residential districts, vertical flagpoles shall not exceed the allowed height provided for a structure or building in the applicable zoning district, or 54 feet, whichever is less.

(c)     In residential districts, vertical flagpoles shall not exceed 25 feet in height, or the height of the primary structure on the parcel, whichever is less.

(d)     The hoist side of the flag shall not exceed 20% of the height of a vertical flagpole or the length of a mast-arm flagpole. Mast-arm flagpoles shall not exceed 25 feet in length and therefore would have a maximum hoist of 5 feet.

(e)     Vertical flagpoles are subject to the following limitations:

Vertical Pole Height            Maximum Flag Size (total square feet)

15 to 24 feet                           20 square feet

25 to 34 feet                           50 square feet

35 to 44 feet                           100 square feet

45 to 54 feet                           160 square feet

(g)   Each parcel shall be allowed a maximum of three flagpoles unless a variance is obtained.

(h)   A maximum of 2 flags shall be allowed per flagpole.

(i)    Flags displaying a logo, message, statement, or expression relating to commercial interests and banners not meeting the definition of a flag contained herein shall conform to all applicable ordinances pertaining to signs.

(j)    A vertical flagpole must be set back from all property boundaries a distance which is at least equal to the height of the flagpole.

(k)   Flags and flagpoles shall be maintained in good repair, and to the extent applicable shall be in compliance with the building code. Flagpoles with broken halyards shall not be used and flags that are torn or frayed shall not be displayed.

(l)    On officially designated county, state, or federal holidays, there shall be no maximum flag size, number, or other limitations on display.

(m)  This section shall not be construed to restrict the right to display eligible flags as banners or signage as provided elsewhere in the ordinance.

Article 8.19 to 8.24 - Reserved

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8.25  S.W.I.M. (Surface Water Improvement and Management) Stream Buffers

.1     Purpose.  The purpose of a stream buffer network is to filter pollutants, store floodwaters, provide habitat, and contribute to the “green infrastructure”.  Stream systems are comprised of each stream and its respective drainage basin. 

·         Streams have the primary natural functions of conveying storm and ground water, storing floodwater, and supporting aquatic life. 

·         Vegetated lands adjacent to the stream channel in the drainage basin serve as “buffers” to protect the stream’s ability to fulfill its natural functions.  Buffers have the primary natural functions of protecting water quality by filtering pollutants, providing intermittent storage for floodwaters, allowing channels to meander naturally, and providing suitable habitat for wildlife.

.2     Definitions.  For the purposes of this section, the following words and phrases shall be defined as specified below:

Best Management Practices (BMPs).  A structural or nonstructural management based practice used singularly or in combination to reduce non-point source input to receiving waters in order to achieve water quality protection goals.

Buffer.  A vegetated area 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.

Buffer Zones.  Buffer widths are measured in three (3) zones as shown below.  The buffer width is measured horizontally and must be surveyed by a licensed land surveyor on a line parallel to the surface water, landward from the top of the bank on each side of the stream.

 






Drainage Basin.  The area of land that drains to a given point on a body of water.

Floodway.  The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than the allowable surcharge (currently one foot).

Flood Fringe.  The land area located between the limits of the floodway and the maximum elevation subject to inundation by the base (1% chance) flood.

Floodplain.  The low, periodically flooded lands adjacent to rivers and lakes.  For land use planning purposes, the regulatory floodplain is usually viewed as all land alongside a watercourse that would be inundated by the base (1% chance) flood; the floodway plus the flood fringe.

Mitigation.  Actions taken on-site and/or off-site to offset the effects of temporary or permanent loss of a buffer.

Top of Bank.  The landward edge of the stream channel during high water, bankfull conditions at the point where water begins to overflow onto the floodplain.

.3     Applicability. 

a)     All properties shall comply with the buffer requirements of this Section except those which, as of the effective date of October 19, 1999, have previously secured a right to proceed by one of the following methods, and have received written authorization to disturb the buffer from the Town’s Planning Staff:

·         Having been issued a Certificate of Building Code Compliance;

·         Being subject to an approved major subdivision preliminary plan and/or recorded final plat;

·         Being subject to a minor subdivision plat, exempt plat listed under the definition of subdivision in the Subdivision Ordinance, or described by metes and bounds in a recorded deed which:

·         If to be used for residential purposes, are one (1) acre or less in size.

·         If to be used for nonresidential purposes or mixed use purposes, are four (4) acres or less in size if located on a non-FEMA regulated floodway, or are seven (7) acres or less in size if located on a FEMA regulated floodway.

·         Being subject to a site specific development plan defined under Section 2.2.2 of these zoning regulations; or

·         Having otherwise secured a vested property right under state law.

b)       Redevelopment or expansion of uses and structures included in a), above, shall comply with the buffer requirements of this Section, however uses and structures previously approved and constructed in a buffer may remain.

c)       A site specific development plan amended by action of the Board of Commissioners subsequent to adoption of this Section shall comply, in its amended form, with the S.W.I.M. buffer requirements, however uses and structures previously approved for construction in a buffer may remain.

d)       Where stream buffers are also required as part of the Lake Norman or Mountain Island Lake Watershed Overlay Districts, the more stringent of the stream buffer requirements shall apply. 

4         Buffer Delineation.

S.W.I.M. Stream Buffers, throughout the jurisdiction of the Town of Huntersville shall be delineated by Mecklenburg County through its geographic information system (GIS) using the most current digital elevation model (DEM) of no greater than 10-foot cells.  This stream buffer delineation including buffer widths shall be periodically updated as new data becomes available.  The most recent delineation shall be provided for public use through Mecklenburg County’s website.

.5     Minimum Buffer Widths.

All perennial and intermittent streams draining less than 50 acres shall have a minimum 30-foot vegetated buffer including a 10-foot zone adjacent to the bank.  Disturbance of the buffer is allowed; however, any disturbed area must be revegetated and disturbance of the 10-foot zone adjacent to the bank shall require stream bank stabilization using bioengineering techniques as specified in the Design Manual.  All perennial and intermittent streams draining greater than or equal to 50 acres and less than 300 acres shall have a 35-foot buffer with two (2) zones, including a 20-foot stream side and 15-foot upland zone.  Streams draining greater than or equal to 300 acres and less than 640 acres shall have a 50-foot buffer with three (3) zones, including a 20-foot stream side, 20-foot managed use and 10-foot upland zone.  Buffers for streams draining greater than or equal to 640 acres shall be 100 feet in width or include the entire floodplain, whichever is greater.  This buffer shall consist of a 30-foot stream side, 45-foot managed use and 25-foot upland zone or the entire FEMA floodplain, whichever is greater.  All buffers shall be measured from the top of the bank on both sides of the stream.  A summary of minimum buffer widths is provided in the table below.

Table of Minimum Buffer Widths by Basin Size and Buffer Zone

Area Designation	Stream Side Zone	Managed Use Zone	Upland Zone	Total Buffer Width each side of Stream	Notes
< 50 acres	N/A	N/A	30 feet	30 feet	(1), (2)
> 50 acres	20 feet	None	15 feet	35 feet	(2)
> 300 acres	20 feet	20 feet	10 feet	50 feet	(2)
> 640 acres	30 feet	45 feet	25 feet or balance of floodplain, whichever is greater	100 feet or entire floodplain, whichever is greater	(2), (3)

Notes:
(1)  All perennial and intermittent streams draining less than 50 acres shall have a minimum 30-foot vegetated buffer including a 10-foot zone adjacent to the bank.  Disturbance of the buffer is allowed; however, any disturbed area must be revegetated and disturbance of the 10-foot zone adjacent to the bank shall require stream bank stabilization using bioengineering techniques as specified in the Design Manual.
(2)  Buffer widths are surveyed horizontally on a line parallel to the surface water, landward from the top of the bank on each side of the stream.
(3)  Floodplain and buffer calculations will be based upon the FEMA flood fringe and floodway encroachment lines, as locally adopted and as may be amended from time to time.

.6     Buffer Description.

Buffer function, vegetation and use vary according to the different buffer zones and are described in the following table.

Table of Buffer Treatment by Buffer Zone

	Stream Side Zone	Managed Use Zone	Upland Zone	Notes
Function	Protect the integrity of the ecosystems