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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 Faucette, Present

Paul Cobb, Present                                                Gale Fletcher, Present

Rev. Greg Hargrave, Present                                   Richard Franks, Absent

Gordon Millspaugh, Present                                   Ellis Piper, Present

 

STAFF 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 arrived.

 

       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. 3Consent 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.

 

       Zoning/Subdivision 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.

 

       Staff 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 withdrawn.

 

       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 property.

      

       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 allowed.

 

       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 built.

 

       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. 

 

       This was an extraterritorial item.

 

       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's approval.

 

       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 regulations.

 

       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 regulations.

 

       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:

 

(Proposed changes shown in bold type.)

 

Q.      Water Supply Watershed Protection Regulations:  (Amendment adopted March 5, 1996)

 

          1.    Purpose

 

                 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.

 

          2.    Definitions

 

                 For the purpose of these Watershed Regulations in Section 32.2:Q, the following definitions shall apply:

 

                 Balance of Watershed (BOW) – The entire land area contributing surface drainage to a specific point, the public water supply intake, minus the watershed critical area.

 

                 Buffer – An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants.  The buffer is measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers.

 

                 Built-Upon 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.

 

                 Chief Building Inspector – An official or designated person of the City of Burlington responsible for administration and enforcement of these Regulations.

 

                 Cluster 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.

 

                 Development – 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.

 

                 Existing 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 following criteria:

 

a.       Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project; or,

                 b.       having 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,

                 c.       having 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 district.

 

                 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 consumption.

 

                 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 occupations.

             

                 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.

 

                 Solid Waste Management Facility – Land, personnel and equipment used in the management of solid waste as defined in Title 15A of the North Carolina Administrative Code.

 

                 Stormwater Program Manager - An official or designated person of the City of Burlington responsible for the compliance and maintenance of all stormwater regulations.

 

                 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:

 

                 b.       Jurisdiction – 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 of Burlington.

 

                 c.       Exceptions to Applicability

 

                          (1)      Nothing contained herein shall repeal, modify or amend any Federal or State law or regulation or any ordinance or regulation pertaining thereto except any ordinance that these Regulations specifically replace.

 

                          (2)      It is not intended that these Regulations interfere with any easement, covenants or other agreements between parties.  However, if the provisions of these Regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these Regulations shall control.

 

                          (3)      Existing development, as defined in these Regulations, is regulated under the provisions as stated above in Section 4.a.(3)(m).

 

                          (4)      An 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.

 

                 d.       Repeal 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.


 

                 e.       Remedies

 

                          (1)      If 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).

 

                          (2)      If 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 such ruling.

 

                 f.       Severability – 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.

 

                 g.       Effective Date – These Regulations shall take effect and be in force on March 5, 1996.


 

          4.    Development Regulations

 

                 a.       Watershed 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.

 

                          (1)      Allowed Uses:

·         Agriculture, 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.

·         Single-family residential development.

·         Multifamily residential development.

·         Non-residential development:

·         Institutional

·         Educational

·         Religious

·         Office

·         Recreational

 

                          (2)      Prohibited Uses:

·         Sites for land application of residuals or petroleum contaminated soils.

·         Landfills, incinerators and waste processors.

·         Commercial use that sells, stores or distributes motor fuel or other hazardous materials.

·         Solid waste management facilities.

·         Airports.

·         Industry.

·         Metal salvage facilities including junkyards.

·         Manufacturing, 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 the materials.

·         Package 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.

·         Underground fuel or chemical storage tanks.

 

                          (3)      Density and Built-Upon Limits:

 

                         

Watershed

Low Density Option

High Density Option*

Lake Mackintosh

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

 

                             Notes: 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.

 

                                              High-Density Option: 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

·         Requires engineered stormwater controls

 

                                              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 developed.

 

                                    (c)      Existing Development – Existing development is regulated under the provisions as stated above in 4.a.(3)(m).  

 

                                    (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. 

 

                                                       All 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 homeowners' association.

 

                                    (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 conditions:

 

                                              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 deeds.

 

                                    (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” = 100’.

 

                                              3)       Plan shall show the following:

 

·         Title block (development name, owner/developer, township, scale and tax map number).

·         Property lines.

·         North arrow.

·         Vicinity map.

·         Legend.

·         Location of existing and proposed structures and all other impervious improvements.

·         Site data (total acres, total impervious area, total number of lots, etc.)

·         Easements – location width and purpose.

·         Location of ponds, lakes and perennial streams.

·         Location and elevation of 100-year flood plain and marginal land.

·         Location of septic tank and drainage field or public utilities.

·         Location of well(s) and public utilities.

·         Sedimentation and erosion control measures.

·         Representative topography (City of Burlington topographic maps).

·         Front, side and rear yard requirements.

·         Surveyor or engineer’s seal.

·         Lake and stream buffers.

·         Date.

 

(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 this ordinance.

 

                                              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 supporting documentation.

 

                                              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 Department.

 

                    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 denial.

 

          5.    Administration

 

                 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 follows:


 

 

 

                          (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.

 

                           (2)      The 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 Environmental Management.

 

                          (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 following year.

 

                          (5)      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 rules.

 

                 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 Ordinance.

 

                 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.

 

 

 

 

 

                                                                             _________________________________

                                                                                    Donald C. Starling, Chairman

 

 

 

 

 

                                                                             _________________________________

                                                                                     George A. Byrd, Jr., Secretary