3.3.2 Mountain Island Lake Watershed Overlay

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

.1 Applicability: The Mountain Island Lake Watershed Protection Area is that area within Mecklenburg County which contributes surface drainage into Mountain Island Lake and which is bounded as follows: beginning at the Mountain Island Lake Dam on the Catawba River and proceeding along the ridgeline in an easterly direction to Rozzelle's Ferry Road and proceeding thence in a southeasterly direction along Rozzelle's Ferry Road to the intersection of Mt. Holly-Huntersville Road, and thence proceeding along Mt. Holly-Huntersville Road in a northeasterly direction to the intersection of Hambright Road, and thence proceeding in an easterly direction along Hambright Road to NC. 115, and thence proceeding in a northerly direction along NC. 115 to the intersection of NC. 73 and thence in a westerly-southwesterly direction along NC. 73 to the Lake Norman Dam and thence proceeding in a southerly direction along the Catawba River to the beginning point.

.2 Exceptions to Applicability:

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

b) An existing lot, as defined in Section 12.2.3, owned prior to the effective date of this ordinance, regardless of whether or not a vested right has been established, may be developed for single family residential purposes subject only to the buffer requirements of Section 3.3.3-A, f) and g) or Section 3.3.3-B, f) and g), whichever are applicable.

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

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

(ii) Discharges associated with the existing public utilities may be expanded, however the pollutant load shall be increased beyond presently permitted levels

.3 Watershed Subareas Established: 

a) Critical Areas:

CA1 - Lower Gar Creek. From normal pool elevation of Mountain Island Lake extending up Gar Creek to Beatties Ford Road and to approximately the ridge line along the north side of Gar Creek and to Mt. Holly-Huntersville Road on the south side of Gar Creek, as shown specifically on Town of Huntersville Zoning Maps.

CA2 - Upper Gar Creek. From Beatties Ford Road upstream along Gar Creek to the limits of the Gar Creek drainage basin and to approximately the ridge line along either side of Gar Creek, as shown specifically on Town of Huntersville Zoning Maps.

CA3 - McDowell Creek. From normal pool elevation of Mountain Island Lake extending one mile upstream on McDowell Creek and to approximately the ridge line along either side of McDowell Creek, as shown specifically on Town of Huntersville Zoning Maps.

CA4 - Lake Front. Extending landward one half mile from normal pool elevation along Mountain Island Lake and the Catawba River between Cowan's Ford Dam and Mountain Island Lake Dam, as shown specifically on Town of Huntersville Zoning Maps.
b) Protected Areas:

PA1 - The area extending from the outer limits of the critical areas to five hydrologic miles from the normal pool elevation and draining to Mountain Island Lake, as shown specifically on Town of Huntersville Zoning Maps.

PA2 - The area extending from the outer limit of the PA1 area where it intersects with NC. 73 and running in a north-northeasterly direction along NC. 73 to the intersection of I-77 and thence proceeding in a southerly direction along I-77 to the intersection of Gilead Road and thence in an easterly direction along Gilead Road to the intersection of NC. 115 and thence in a southerly direction along NC. 115 to the intersection of Hambright Road and thence in a westerly direction along Hambright Road to the intersection of Mt. Holly-Huntersville Road and thence in a northwesterly direction along the outer limits of the CA2 and PA1 areas to the beginning point, as shown specifically on Town of Huntersville Zoning Maps.

PA3 - The area extending from the outer limits of the PA2 area to the limits of the Mountain Island Lake Watershed, as shown specifically on Town of Huntersville Zoning Maps.

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