Agenda - 11-01-1993 - VIII-A - Laserfiche WebLink

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State of North Carolina 118 Department of Environment, Health and Natural Resources Lf• Division of Environmental Management James B. Hunt, Jr., Governor ■��_ Jonathan B. Howes, Secretary c I-1 NI F A. Preston Howard, Jr., P.E., Director August 23, 1993 Mary Willis Supervisor, Current Planning Orange County 306 F. Revere Road Hillsborough, NC 27278 Dear Mary, Thank you for submitting a draft water supply watershed protection ordinance and/or management plan to the Division of Environmental Management (DEM) for review prior to approval by your local Board. Although a number of local governments have had their ordinances reviewed and were able to incorporate DEM staff's comments into the ordinances, I regret to inform you that due to time constraints brought about by a need for timely review of final ordinances, I will not be able to review and comment on ordinance individually. I do, however, have the following comments to offer regarding issues t at have repeatedly come up in my previous review of draft ordinances and recent review of final ordinances. • Statutory Authority: The statutory provision which requires local governments to adopt and implement water supply watershed ordinances and management plans is NCGS 143-214.5 (Chapter 143, Article 21). This statutory authority must be stated in your ordinance. The Model Ordinance suggests a citation at the beginning of the ordinance entitled "Authority or "Authority and Enactment". • Existing Development: Existing development is not subject to the Rules. Existing development is defined as those projects that are built or that at a minimum have established a vested right under North Carolina zoning law(see the definition under 15A NCAC 2B .0202(24) and the Model Ordinance definition). The criteria specifying whether a project has established a vested right is noted in the Rules and Model Ordinance definitions;however,the actual determination of a vested right is made at the local level. Lot Recombination: A deeded single family lot owned by an individual prior to the effective date of the ordinance or any subsequent owner, regardless of whether a vested right has been established, is not subject to the development restrictions of the Rules. This exemption does not apply to multiple lots under single ownership (i.e., to a developer of a residential subdivision). If however, one individual owns two or more adjacent lots and those lots individually or together do not meet the minimum lot size requirements in the Rules,then the municipality may require the lots to be combined in order to meet the minimum standards or to be more conforming. You do not have to require lot recombination. • 5%-70% Provision: If you have land use jurisdiction outside of the critical area of a WS-II or WS- III watershed you may use the 5%-70% provision. The acreage available for you to use for additional new nonresidential development under the 5%-70% provision is the acreage within the WS-II or WS-III watershed outside of the critical area that is in your land use jurisdiction as of July 1, 1993. The amount of acreage available to use under the 5%-70%provision should be recorded P.O.Box 29535,Rdeigh,North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper