View Other Items in this Archive |
View All Archives | Printable Version
MINUTES OF THE BURLINGTON PLANNING
AND ZONING COMMISSION MEETING
May 19, 2003
Council Chamber, Burlington Municipal Building
CITY MEMBERS: EXTRATERRITORIAL MEMBERS:
Don Starling, Chairman, Present Bud Apple, Present
George Byrd, Secretary, Present John Enoch, Present
Jim Burwell, Present Celo
Paul Cobb, Present Gale
Rev. Greg Hargrave, Present Richard Franks, Absent
Gordon Millspaugh, Present Ellis Piper, Present
Robert R. Harkrader, Planning Director
John Emerson, Zoning/Subdivision Administrator
Dianne Fogleman, Office Assistant
ITEM NO. 1: Mr.
Don Starling, Chairman, called the meeting to order at 7:00 p.m. John Enoch acted as Secretary until Mr. Byrd
ITEM NO. 2: Mr.
Starling called for approval of the minutes of the meeting held April 28,
2003. Commission Member Hargrave
stated that on Page 10 of the April minutes, it should read that "the City
requires 100 feet per child for the play area" of a child care
facility. Rev. Hargrave informed the
Commission that the state requires 75 feet. This was a City and
extraterritorial item. Commission
Member Burwell made a motion to amend the April minutes. Gale Fletcher seconded the motion. The Commission voted unanimously to amend
the April minutes to read "that the City requires 100 feet per child for
the play area."
ITEM NO. 3: Consent agenda: (Extraterritorial)
(A) The Commission considered an
application for final plat approval of the James D. Norris, Jr.
Subdivision. The property is located on
the south side of Christopher Drive between Lower Hopedale Road and Hallie Long
Drive as shown on a plat by Cornerstone Surveying dated April 21, 2003, and
containing nine lots.
Commission Member Enoch
asked if the property was going to be used for a trailer park.
Administrator Emerson stated that this was a subdivision of property and not a
request for rezoning which would be necessary in order to put a mobile home on
any of the lots.
recommended approval of the final plat.
Commission Member Millspaugh made a motion to recommend
approval of the final plat. Jim Burwell
seconded the motion. The Commission
voted unanimously to recommend approval of the final plat.
The Commission found that the plat as presented met all
requirements of the Subdivision Regulations.
ITEM NO. 4:
Ms. Terri Lea was scheduled to present an application for a Special Use Permit
to allow a child care facility providing care for a maximum of eight children
per shift (first and second shifts).
The property, which is zoned R-9, Residential District, is located at
the dead-end portion of Rocklane Drive (2209 Rocklane Drive) and to the east of
Alamance Road as shown on Alamance County Tax Map 12-5, Lot 43. This item was tabled by the Commission at
its April 28, 2003, meeting.
Prior to the meeting, Ms. Lea requested that this item be
ITEM NO. 5:
Mr. Edward S. Hayes, Vice President of Unity Builders, Inc., presented an application
to rezone from B-1, Neighborhood Business District, and R-9, Residential
District, to R-6, Residential District, the property located at the corner of
Glencoe Road (NC Highway 62 North) and Lower Hopedale Road as shown on Alamance
County Tax Map 12-53, Lot 59.
This was an extraterritorial item.
Mr. Hayes stated that ten affordable residential homes will be
constructed on the property and that they will enhance the area.
Mr. Larry Stone stated that he lives across the road from the
property and he wanted to know what the applicant was planning to do with the
Chairman Starling stated that the applicant will be able to do
anything allowed in R-6 zoning.
Planning Director Harkrader stated that the property was
split-zoned and that single-family units and not manufactured housing will be
Commission Member Fletcher stated that he felt that 10 houses
will be a large number for the size and shape of the property.
Commission Member Enoch stated that he likes what the applicant
has done with the construction of homes in the area and that he trusts the
integrity of the company. Mr. Enoch
stated that this will be a good opportunity to improve the area.
Commission Member Burwell stated that R-6 zoning will be
better than business zoning and the chance that bars or nightclubs could be
Mr. Stone stated that 10 homes on two acres of land will be no
better than a trailer park.
Staff recommended approval of the request for rezoning. Planning Director Harkrader stated that R-6
zoning will offer appropriate density and will be compatible with land use
planning in the area.
Commission Member Fletcher made a motion to recommend approval
of the request for rezoning. Rev.
Hargrave seconded the motion. The
Commission voted unanimously to recommend approval of the request for rezoning.
The Commission found that the zoning change as requested would
not adversely affect the adjoining property and would be in keeping with land
use planning in the area.
ITEM NO. 6:
Mr. Glen Howell, representing St. Regis Chapel, presented an application for a
Special Use Permit to allow the construction of a new chapel beside the
existing chapel located at 1243 St. Regis Drive off Burch Bridge Road. The property is zoned R-M, Residential-Mobile
Home District, and shown on Alamance County Tax Map 12-31, Lot 28.
Mr. Howell stated that the congregation couldn't decide
whether to enlarge their present chapel or build a new one and had now decided
to build a new chapel beside their current one. He stated that parking will be adequate for the new facility.
Planning Director Harkrader stated that the plans seem to be
in order and that staff will send it to the Board of Adjustment with the
Commission Member Apple made a motion to recommend approval of
the Special Use Permit. Jim Burwell
seconded the motion. The Commission
voted unanimously to recommend approval of the Special Use Permit.
ITEM NO. 7:
Mr. Robert M. Lewis, representing Weco Concrete, Inc., presented applications
for Special Use Permits to allow outside storage of wire mesh and re-bar and
parking at the facility located at 1301 Belmont Street between Stokes Street
and Cleveland Avenue as shown on Alamance County Tax Map 115, Block 473. The
Special Use Permit applications request that Lot 57, which is zoned B-2,
General Business District, allow outside storage of wire mesh and re-bar and
that Lot 58, which is zoned MF-A, Multifamily, be utilized for parking.
This was a City item.
Mr. Lewis stated that the building on the property is vacant
and has been for sale for 24 months.
The concrete construction company plans to move their facilities to the
location and use the other lot for parking.
Planning Director Harkrader stated that all documents are in
order and that the facility will be appropriate for the area.
Commission Member Cobb made a motion to recommend approval of
the Special Use Permit. Jim Burwell
seconded the motion. The Commission
voted unanimously to recommend approval of the Special Use Permit.
ITEM NO. 8: Staff presented proposed amendments to
Section 32.2:Q of the Zoning Ordinance text pertaining to watershed protection
Planning Director Harkrader stated that the amendments address
high-density development options where public water and sewer will be available
and engineered stormwater controls will be required. He informed the Commission that these options will exceed state
guidelines for watershed protection and will be in line with Guilford County
Commission Member Byrd asked how close can a development be to
the lake now. Mr. Harkrader stated that
the amendments will not change those requirements.
Commission Member Fletcher asked why can't the City's
restrictions be the same as those in Guilford County.
Mr. Harkrader stated that Guilford County, through a bond
referendum, purchased tiers around Lake Mackintosh and the tiers will be
protected that way whereas the City regulates a strip around the entire lake. He stated that the City's and Guilford
County's restrictions exceed state requirements.
Commission Member Enoch questioned what will happen in 10
years when erosion takes away from the 100-foot buffer around the lake similar
to the way land was eroded around the lighthouse.
Mr. Harkrader stated that unlike an ocean environment, the
water level in the lake is controlled by a dam and the 100-foot buffer is
measured from the normal pool elevation outward.
Staff recommended approval of the amendments.
Commission Member Cobb made a motion to recommend approval of
the amendments. Gordon Millspaugh
seconded the motion. The Commission
voted unanimously to recommend approval of the following amendments:
changes shown in bold type.)
Supply Watershed Protection Regulations:
(Amendment adopted March 5, 1996)
In order to
protect the watershed areas and water supply lakes for the City of Burlington
and to provide for a safe and potable water supply for present and future generations
of Burlington residents, this subsection “Q” is hereby adopted as the Watershed
Protection Regulations (hereinafter referred to as “the Regulations”) of the
City of Burlington.
the purpose of these Watershed Regulations in Section 32.2:Q, the following
definitions shall apply:
of Watershed (BOW) – The entire land area contributing surface drainage to
a specific point, the public water supply intake, minus the watershed critical
– An area of natural or planted vegetation through which stormwater runoff
flows in a diffuse manner so that the runoff does not become channelized and
which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the
normal pool elevation of impounded structures and from the bank of each side of
streams or rivers.
Area – A surface area composed of any material that impedes or prevents
natural infiltration of water into the soil.
Built-upon areas shall include that portion of a development project
that is covered by impervious or partially impervious cover including
buildings, pavement, gravel areas (e.g., roads, parking lots, paths), decks,
swimming pools, tennis courts, etc.
Building Inspector – An official or designated person of the City of
Burlington responsible for administration and enforcement of these Regulations.
Development – The grouping of buildings in any order to conserve land
resources and provide innovation in the design of the project including
minimizing stormwater runoff impacts.
This term includes nonresidential development as well as single-family
residential and multifamily developments.
For the purpose of this definition, Planned Unit Developments and
mixed-use developments are considered as cluster development.
Critical Area - See Watershed Critical Area.
– Any land-disturbing activity that adds to or changes the amount of impervious
or partially impervious cover on a land area or that otherwise decreases the
infiltration of precipitation into the soil.
Development – Those projects that are built or those projects that at a
minimum have established a vested right under North Carolina zoning law as of
the effective date of this overlay district, based on at least one of the
expenditures of resources (time, labor, money) based on a good faith reliance
upon having received a valid local government approval to proceed with the
an outstanding valid building permit as authorized by the North Carolina
General Statutes (G.S. 153A-344.1 and G.S. 160A-385.1); or,
an approved site specific site or phased development plan as authorized by the
North Carolina General Statutes (G.S. 153A-344.1 and G.S. 160A-385.1).
Existing Lot (Lot of Record) – A lot or tract
of land that is part of a subdivision, a plat that has been recorded in the
office of the Alamance County Register of Deeds prior to the adoption of this
ordinance, or a lot on tract of land described by metes and bounds, the
description of which has been so recorded prior to the adoption of this overlay
Hazardous Production Material (HPM) – A
solid, liquid or gas that has a degree rating in health, flammability or reactivity
of Class 3 or 4 as ranked by National Fire Protection Association 704 and that
is used directly in research, laboratory or production processes that have as
their end product materials that are not hazardous, as defined in the North
Carolina State Building Code Volume V – Fire Prevention.
Highly Toxic Material (HTM) – A material that
produces a lethal dose or lethal concentration within those categories as
defined by the Code of Federal Regulations (CFR): Title 29, CFR 1910.1200, as defined in the North Carolina State
Building Code, Volume V – Fire Prevention.
Impervious Surface – Any material that
reduces and prevents absorption of stormwater into previously undeveloped land.
Landfill – A facility for the disposal of
solid waste on land in a sanitary manner in accordance with Chapter 130A,
Article 9, of the North Carolina General Statutes. For the purpose of this overlay district, this term does not
include composting facilities.
Major Variance – A variance from the minimum
statewide watershed protection rules that results in the relaxation by a factor
of greater than 10 percent of any of the management requirements. Major variances shall be approved by the
North Carolina Environmental Management Commission after initial review and recommendation
from the City of Burlington. The
Planning Department shall notify in writing each local government having
jurisdiction in the watershed and the entity using the water supply for
Minor Variance – A variance from the minimum
statewide watershed protection rules that results in a relaxation by a factor
of up to 10 percent of any management requirements.
Non-Residential Development – All development
other than residential development.
Perennial Streams – Streams located on United
States Geological Survey (USGS) maps shown as solid blue lines.
Residential Development – Buildings for
residence such as attached and detached single-family dwellings, apartment
complexes, condominiums, townhouses and cottages and their associated
outbuildings such as garages, storage buildings and gazebos and customary home
Residuals – Any solid or semi-solid
waste generated from a wastewater treatment plant, water treatment plant or air
pollution control facility permitted under the authority of the North Carolina
Environmental Management Commission.
Waste Management Facility – Land, personnel and equipment used in the
management of solid waste as defined in Title 15A of the North Carolina
Program Manager - An official or designated person of the City of
Burlington responsible for the compliance and maintenance of all stormwater
Structure – Anything constructed or erected
including but not limited to buildings that requires location on the land or
attachment to something having permanent location on the land.
Toxic Substance – Any substance or
combination of substances (including disease-causing agents), that after
discharge and upon exposure, ingestion, inhalation, or assimilation into any
organism, either directly from the environment or indirectly by ingestion
through food chains, has the potential to cause death, disease, behavioral
abnormalities, cancer, genetic mutations, physiological malfunctions (including
malfunctions or suppression in reproduction or growth) or physical deformities
in such organisms or their off-spring or other adverse health effects.
Vested Right – A right pursuant to North
Carolina General Statutes 153A-344.1 and 160A-385.1 to undertake and complete
the development and use of property under the terms and conditions of an
approved site specific development plan.
Water Dependent Structure – Any structure for
which the use requires access to or proximity to or citing within surface waters
to fulfill its basic purpose, such as boat ramps, boat houses, docks and
bulkheads. Ancillary facilities such as
restaurants, outlets for boat supplies, parking lots and commercial boat
storage areas are not water-dependent structures.
Watershed – The entire land area contributing
surface drainage to a specific point (e.g., the water supply intake).
Watershed Critical Area (WCA) – The area
adjacent to a water supply intake or reservoir where risk associated with
pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending
one mile from the normal pool elevation of a water supply reservoir or to the
ridge line of the watershed (whichever comes first); or one mile upstream from
the intake located directly in the stream or river (run of the river), or the
ridge line of the watershed (whichever comes first).
Watershed Management Plan – A plan that
documents industries that are located within watershed boundaries that use,
store or manufacture chemicals that could potentially pose a threat to water
quality and the response procedures for handling spills and/or discharges.
3. Authority and General Regulations
a. Authority and Enactment – The
Legislature of the State of North Carolina has in Chapter 160A, Article 19,
Section 381 (Planning and Regulation of Development, Zoning) directed local
government units to adopt regulations designed to promote the public health,
safety, and general welfare of the community.
The City Council for the City of Burlington does hereby ordain and enact
into law that City Ordinance Section 32.2:Q is hereby repealed and deleted in
its entirety and a new Section 32.2:Q is written to read as follows:
– The provisions of these Regulations shall apply within the areas designated
as a Public Water Supply Watershed by the N.C. Environmental Management
Commission and shall be defined and established on the map entitled “Watershed
Protection Map of Burlington, North Carolina” (“the Watershed Map”), that is adopted
simultaneously herewith. The Watershed
Map and all explanatory matter contained thereon accompany and are hereby made
a part of these Regulations. Watershed
Critical Area boundaries are delineated on the following Alamance County Tax
Maps: 2-1, 2-2, 2-3, 2-3A, 2-9, 3-22F,
3-23, 3-23A, 3-23B. These Regulations
shall be permanently kept on file in the office of the City Clerk for the City
contained herein shall repeal, modify or amend any Federal or State law or
regulation or any ordinance or regulation pertaining thereto except any
ordinance that these Regulations specifically replace.
is not intended that these Regulations interfere with any easement, covenants
or other agreements between parties.
However, if the provisions of these Regulations impose greater
restrictions or higher standards for the use of a building or land, then the
provisions of these Regulations shall control.
development, as defined in these Regulations, is regulated under the provisions
as stated above in Section 4.a.(3)(m).
existing lot owned by an individual prior to the effective date of these
Regulations, regardless of whether or not a vested right has been established,
may be developed for single-family residential purposes without being subject
to the restrictions of these Regulations.
of Existing Watershed Regulations – These Regulations in part carry forward
by re-enactment some of the Watershed Protection Regulations of the County of
Alamance, North Carolina, adopted by the Board of County Commissioners on
September 20, 1993, and it is not the intention to repeal but rather to
re-enact and continue in force such existing provisions so that all rights and
liabilities that have accrued thereunder are preserved and may be
enforced. All provisions of the
Watershed Regulations that are not re-enacted herein are hereby repealed. All suits at law or in equity and/or all
prosecutions resulting from the violation of any regulatory provisions
heretofore in effect that are now pending in any court of this State or of the
United States, shall not be abated or abandoned by reason of the adoption of
these Regulations, but shall be prosecuted to their finality the same as if
these Regulations had not been adopted; and any and all violations of the
existing Watershed Protection Regulations, prosecutions for which have not yet
been instituted, may be hereafter filed and prosecuted; and nothing in these
Regulations shall be so construed as to abandon, abate or dismiss any
litigation or prosecution now pending and/or that may heretofore have been
instituted or prosecuted.
any subdivision, development and/or land use is found to be in violation of these
Regulations, the City Manager may initiate an action in the name of the City of
Burlington, in addition to all other remedies available either at law or in
equity, institute an action or proceedings to restrain or correct the
violation; an action to prevent occupancy of the building, structure, or land;
or an action to prevent any illegal act, conduct, business or use in or about
the premises. No activity, situation,
structure or land use shall be allowed within the watershed area that poses a
threat to water quality and the public health, safety and welfare. Such conditions may arise from inadequate
on-site sewage systems that utilize ground absorption; inadequate sedimentation
and erosion control measures; the improper storage and disposal of junk, trash
or other refuse within a buffer area; the absence or improper implementation of
a spill containment plan for toxic and hazardous materials; the improper
management of stormwater runoff or any other situation found to pose a threat
to water quality. All remedies as
outlined in Section 32.18 of this ordinance are available to address public
health violations as specified above.
In addition to all local remedies, the North Carolina Environmental
Management Commission may assess civil penalties in accordance with North
Carolina General Statute 143-215.6 (A).
the Chief Building Inspector of the City of Burlington finds that any of the
provisions of these Regulations are being violated, the administrator shall
notify in writing the person responsible for such violations, indicating the
nature of the violations and ordering the action necessary to correct it. He shall order discontinuance of the illegal
use of land, buildings or structures; removal of illegal buildings or
structures or of additions, alterations or structural changes thereto;
discontinuance of any illegal work being done; or shall take any action
authorized by these Regulations to ensure compliance with or to prevent
violation of its provisions. If a
ruling of the Chief Building Inspector is questioned, the aggrieved party or
parties may appeal such a ruling to the Board of Adjustment within 30 days of
– Should any section or provision of these Regulations be declared invalid or
unconstitutional by any court or competent jurisdiction, the declaration shall
not affect the validity of these Regulations as a whole or any part thereof
that is not specifically declared to be invalid or unconstitutional.
Date – These Regulations shall take effect and be in force on March 5,
Areas Described and Identified – For purposes of these Regulations,
watersheds in the City of Burlington, including the area within the
extraterritorial jurisdiction (ETJ), are identified as well as a WS-II-CA
Watershed Critical Area (WCA). The
Great Alamance Creek Watershed is identified as a WCA. The WCA is the area extending either one mile
from the normal pool elevation of a water supply reservoir or to the ridge line
of the watershed (whichever comes
first); or one mile upstream
from the intake located
directly in the
stream or river (run of the river), or the ridge line of the watershed
(whichever comes first). The Balance of
Watershed (BOW) is defined as the entire land area contributing surface
drainage to a specific point, the public water supply intake, minus the
Watershed Critical Area. (NO LAND AREA OF THE GREAT ALAMANCE CREEK
WATERSHED IS DEFINED AS BOW WITHIN THE
CITY OF BURLINGTON OR WITHIN ITS ETJ. THIS SENTENCE TO BE DELETED.) In order to maintain a predominantly
undeveloped land use density pattern in the WCA, single-family residential uses
shall be allowed at a maximum of one dwelling unit per two acres (1 d.u./2
ac.). All other residential and
non-residential development shall be allowed at a maximum six percent
built-upon area. A high-density option
exists when water and sewer services are available.
subject to the provisions of the Food Security Act of 1985 and the Food,
Agricultural, Conservation and Trade Act of 1990. Agricultural activities conducted after January 1, 1993, shall
maintain a minimum 10-foot vegetative buffer or equivalent control as determined
by the Soil and Water Conservation Commission along all perennial waters
indicated on the most recent versions of the United States Geological Survey
(USGS) 1:24,000 (7.5 minute) scale topo maps or as determined by local
government studies. Animal operations
deemed permitted under state law 15A NCAC 211.02171 as recommended by the Soil
and Water Conservation Commission.
for land application of residuals or petroleum contaminated soils.
incinerators and waste processors.
use that sells, stores or distributes motor fuel or other hazardous materials.
waste management facilities.
salvage facilities including junkyards.
use, or storage of any hazardous production material (HPM) or highly toxic
material (HTM) or any material or substance determined by the City Council of
the City of Burlington to be injurious to the health, safety or welfare of the
City’s residents due to the explosive, flammable or toxic characteristics of
treatment plants and community sewage facilities, except for subsurface septic
tanks. These facilities are allowed
only if the Alamance County Health Department determines that a public health
problem can be alleviated by constructing such facilities. Note:
This provision does not prohibit the extension of municipal sewer lines
(public) into the watershed critical area.
fuel or chemical storage tanks.
and Built-Upon Limits:
Low Density Option
High Density Option*
1 DU/2 acres or 6%
1.5 DU/1 acre or 24%
* Requires public water, sewer and engineered storm water controls
for 1” rainfall
DU = Dwelling unit(s); percentage (%) refers to built-upon area of the lot,
parcel or tract.
(a) Single-Family Residential -
Low-Density Option: Development shall not
exceed one dwelling unit of single-family detached residential development per
two acres (1 dwelling unit/2 acres) on a project-by-project basis. No residential lot shall be less than two
acres (80,000 square feet excluding roadway right-of-way) except within an
approved, planned cluster development.
Development shall not be allowed to exceed one and half dwelling units of
single-family detached residential development per one acre (1.5 dwelling
unit/1 acre) on a project-by-project basis.
In order to allow the high-density option to be utilized, the following
requirements must be met:
Requires public water
Requires public sewer
Minimum Lot Size - Within 400 feet of the normal pool level, a
minimum lot size of one acre is required under the high-density option.
(b) All Other Residential and Non-Residential – Development
shall not exceed six percent built-upon area on a project-by-project basis under a low-density option or 24 percent
built-upon area under the high-density option. For the purpose of calculating a built-upon area, total project
area shall include total acreage in the tract on which the project is to be
(c) Existing Development – Existing development is regulated
under the provisions as stated above in
(d) Above-Ground Storage Tanks: A spill containment plan is required for all
new above-ground storage tanks with accumulative capacity of over 250 gallons.
(e) Runoff Control:
Runoff control is required for development using the high-density option. The runoff control shall be by use of a wet
detention pond or other best management practice (i.e., retention pond, natural
infiltration area, filter basin, etc.) meeting the performance standards of
control of the first one inch of rainfall and removal of 85 percent total
suspended solids (TSS) and meeting the guidelines in the North Carolina
Department of Environment and Natural Resources (NCDENR) Stormwater Best
Management Practices Guide. A North
Carolina registered professional with qualifications appropriate for the type
of system required shall design all stormwater control structures. These professionals are defined as
professional engineers, landscape architect, to the extent that the North
Carolina General Statutes, Chapter 89A, allow and land surveyors, to the extent
that the design represents incidental drainage within a subdivision as provided
in N.C.G.S. 89 (C)-3(7).
(f) Maintenance Responsibilities:
1) When runoff control structures serve more
than one lot, a homeowners' association or binding contract for the purpose of
maintenance shall be required.
2) Maintenance of runoff control structures
shall be performed at such time as the designated sediment storage volume of
the structure has been lost to sediment or a part of the installation is not
functioning as originally designed. The Enforcement Officer shall have the
responsibility to inspect runoff control structures annually, to record the
results on forms approved or supplied by the North Carolina Division of Water
Quality and to notify the responsible property owner of homeowners' association
when maintenance or repairs are required.
required repairs and maintenance shall be performed within 90 days after such
notice. In case of failure by the
responsible party to performed the required maintenance or repairs within the
stated period, the jurisdiction may perform such maintenance or repairs and
recover all costs plus an additional 10 percent from the property owner or
(g) Stream Buffer – A 50-foot stream
buffer on each bank is required on all perennial streams.
(h) Lake Buffer – A 100-foot wide
natural buffer shall be maintained around all water supply reservoirs, measured
from the normal pool elevation outward.
Desirable artificial streambank or shoreline stabilization is
permitted. No new development is
allowed in the buffer except for water dependent structures and public projects
such as road crossings and greenways where no practical alternative
exists. These activities should
minimize built-upon surface area, direct runoff away from the surface waters
and maximize the utilization of North Carolina Department of Enivonment and
Natural Resources (NCDENR) Stormwater Best Management Practices.
(i) Cluster Development – Clustering
of development is encouraged and allowed in the watershed under the following
1) Minimum lot sizes are not applicable to
single-family cluster development projects; however, the total number of lots
shall not exceed the number of lots allowed for single-family detached
development in Section 4.a.(3)(a)
above. Density or built-upon areas for
the project shall not exceed that allowed for the critical area.
2) All built-upon areas shall be designed
and located to minimize runoff impact to the receiving waters and minimize
concentrated stormwater flow.
3) The remainder of the tract shall remain
in a vegetated or natural state. The
title to the open space area shall be conveyed to an incorporated homeowners'
association for management; to a local government for preservation as a park or
open space; or to a conservation organization for preservation in a permanent
easement. Where a property association
is not incorporated, a maintenance agreement shall be filed with the property
(j) Site Plan Requirements – Site
plans are required for all development, including single-family
residences. Site plans should be
submitted to the Chief Building Inspector or Planning Department of the City of
Burlington for approval. A permit will
not be issued until the site plan is approved.
Site plans for development within the Watershed Critical Area shall meet
the following requirements:
1) Five copies of site plans shall be
submitted on 18” x 24” sheets.
2) Plan shall be to scale no smaller than 1”
3) Plan shall show the following:
(development name, owner/developer, township, scale and tax map number).
existing and proposed structures and all other impervious improvements.
Site data (total
acres, total impervious area, total number of lots, etc.)
location width and purpose.
ponds, lakes and perennial streams.
elevation of 100-year flood plain and marginal land.
septic tank and drainage field or public utilities.
well(s) and public utilities.
and erosion control measures.
topography (City of Burlington topographic maps).
Front, side and
rear yard requirements.
Lake and stream
(k) Rules Governing
the Interpretation of Watershed Area Boundaries – Where uncertainty exists
as to the boundaries of the watershed areas, as shown on the Watershed Map, the
following rules shall apply:
1) Where area boundaries are indicated as
approximately following either street, alley, railroad or highway lines or
centerlines thereof, such lines shall be construed to be said boundaries.
2) Where area boundaries are indicated as approximately following
lot lines, such lot lines shall be construed to be said boundaries. However, a surveyed plat prepared by a
registered land surveyor may be submitted to the City as evidence that one or
more properties along these boundaries do not lie within the watershed area.
3) Where the watershed area boundaries lie
at a scaled distance more than 25 feet from any parallel lot line, the location
of watershed area boundaries shall be determined by use of the scale appearing
on the Watershed Map.
4) Where the watershed area boundaries lie
at a scaled distance less than 25 feet from any parallel lot line, the location
of watershed area boundaries shall be construed to be the lot line.
(l) Application of Regulations
1) No building or land shall hereafter be
used and no development shall take place except in conformity with the
Regulations herein specified for the watershed area in which it is located.
2) No area required for the purpose of complying with the
provisions of these Regulations shall be included in the area determining
compliance required for another building.
3) Every residential building hereafter
erected, moved or structurally altered shall be located on a lot that conforms
to the Regulations herein specified, except as permitted above in 4.a.(3)(m) .
4) If a use or class of use is not
specifically indicated as being allowed in a watershed area, such use or class
of use is prohibited.
(m) Existing Development – Any existing
development, as defined in these Regulations, may be continued and maintained
subject to the provisions provided herein:
1) Expansion of Existing Development
– Expansions to structures classified as existing development must meet the
requirements of this ordinance. The
total built-upon area added to a lot after the effective date of these
Regulations may not exceed the built-upon requirements of the WCA zone. The built-upon area of the existing development
is not required to be included in the built-upon area calculations.
2) Reconstruction of Buildings or
Built-Upon Areas – Any existing building or built-upon area not in
conformance with the restrictions of these Regulations that have been damaged
or removed may be repaired and/or reconstructed in accordance with the
provisions of Section 32.14 of this ordinance.
Additionally, the total amount of space devoted to a built-upon area may
not be increased unless the additional built-upon area meets the expansion
requirements of Section 4.a.(3)(m)
of these Regulations.
3) Uses of Land – This category
consists of uses existing at the time of adoption of these Regulations where
such use of the land is not permitted to be established hereafter in the
watershed area in which it is located.
Such uses may be continued except as regulated in Section 32.14:E of
4) Vacant Lots – This category
consists of vacant lots for which plats or deeds have been recorded in
accordance with the City of Burlington Subdivision Regulations in the office of
the Register of Deeds of Alamance County.
A lot may be used for any of the uses allowed in the watershed area in
which it is located.
(n) Watershed Protection Permit
1) No building or built-upon area shall be
erected, moved, enlarged or structurally altered, nor shall any building permit
be issued nor shall any change in the use of any building or land be made until
a Watershed Protection Permit has been issued by the Chief Building Inspector
or Code Enforcement Officer.
2) No Watershed Protection Permit shall be
issued except in conformity with the provisions of these Regulations.
3) Watershed Protection Permit applications
shall be filed with the Chief Building Inspector. The application shall include a completed application form and
4) Prior to the issuance of a Watershed
Protection Permit, the Chief Building Inspector may consult with qualified
personnel for assistance to determine if the application meets the requirements
of these Regulations.
5) A Watershed Protection Permit shall
expire if a building permit or Watershed Occupancy Permit for such use is not
obtained by the applicant within 12 months from the date of issuance.
(o) Building Permit Required – No permit required under the
North Carolina State Building Code shall be issued for any activity until a
Watershed Protection Permit is issued.
(p) Watershed Protection Occupancy Permit
1) The Chief Building Inspector in the
Inspections Department shall issue a Watershed Protection Occupancy Permit
certifying that all requirements of these Regulations have been met prior to
the occupancy or use of a building hereafter erected, altered or moved and/or
prior to the change of use of any building or land.
2) A Watershed Protection Occupancy Permit,
either for the whole or part of a building, shall be applied for coincident
with the application for a Watershed Protection Permit and shall be issued or
denied within 10 days after construction is approved by the Inspections
3) When a change in the use of land or use
of an existing building occurs, the Chief Building Inspector shall issue a
Watershed Protection Occupancy Permit certifying that all requirements of these
Regulations have been met coincident with the Watershed Protection Permit.
4) No building or structure that has been
erected, moved, or structurally altered may be occupied until the Chief
Building Inspector in the Inspections Department has approved and issued a
Watershed Protection Occupancy Permit.
5) If the Watershed Protection Occupancy
Permit is denied, the Chief Building Inspector in the Inspections Department
shall notify the applicant in writing within 30 days stating the reasons for
a. Chief Building Inspector, Planning
Department and Duties Thereof – It shall be the duty of the Chief Building
Inspector to administer and enforce the provisions of these Regulations as
(1) The Chief Building Inspector shall issue
Watershed Protection Permits and Watershed Protection Occupancy Permits as
prescribed herein. A record of all
permits shall be kept on file and shall be available for public inspection
during regular office hours.
Planning Department shall keep records of all amendments to the local Water
Supply Watershed Protection Regulations and shall provide copies of all
amendments upon adoption to the Water Quality Section of the Division of
(3) The Chief Building Inspector is granted
the authority to administer and enforce the provisions of these Regulations,
exercising in the fulfillment of his responsibility the full police power of
the City of Burlington. The Chief
Building Inspector, or his duly authorized representative, may enter any
building, structure or premises as provided by law to perform any duty imposed
upon him by these Regulations.
(4) The Chief Building Inspector shall keep a
record of variances to the local Water Supply Watershed Protection
Regulations. This record shall be
submitted for each calendar year to the Water Quality Section of the Division
of Environmental Management on or before January 1st of the
Stormwater Program Manager shall be responsible for compliance and maintenance
of all stormwater controls that are developed pertaining to this ordinance.
b. Appeal from the Chief Building
Inspector – Any order, requirement, decision or determination made by the
Chief Building Inspector may be appealed to and decided by the Board of
Adjustment within 30 days.
c. Changes and Amendments – After
receiving a recommendation from the City of Burlington Planning and Zoning
Commission, the City Council may, on its
own motion or on
petition after public notice and
hearing, amend, supplement, change or modify the Watershed Regulations and
restrictions as described herein. No
amendments, supplements or changes shall violate the watershed protection
d. Watershed Management Plan – The
City of Burlington is included in the Alamance County Watershed Management Plan
as outlined in Article 400 of the Alamance County Watershed Protection
e. Hazardous Materials Inventory – An
inventory of hazardous materials as applicable to the Alamance County Watershed
Management Plan contained in the Alamance County Watershed Protection Ordinance
shall be kept in the Planning Department of the City of Burlington and the
Alamance County Emergency Management Office.
There being no further business to discuss, the meeting was
adjourned at 7:30 p.m.
C. Starling, Chairman
George A. Byrd, Jr., Secretary