Sec. 9.5.1. Urban Watershed Protection Overlay District (-UWPOD)

  1. Natural Resource Buffer Yards
    Natural resource buffer yards consistent with Sec. 9.2.3. must be established along all perennial watercourses.
  2. Impervious Surface Coverage
    1. All lots or portions of lots in existence prior to April 19, 2005 or lots established outside the subdivision process after that date, no additional impervious surface may be added to the property, which would result in greater coverage by impervious surface than allowed by the following table:
      Area No Stormwater Control Measures Retention, Detention or Capture First 1/2 Inch of Runoff
      Primary water supply watershed protection areas 24% or 2 units of a single-unit living per acre or 20,000 square foot lot. 50%
      Secondary water supply watershed protection areas 24% or 2 units of a single-unit living per acre or 20,000 square foot lot or 3 dwellings per acre or 36% built upon area for projects without curb and gutter street systems. 70%
    2. Land will be deemed compliant with the intensity requirements if the intensity of all existing development at the time of reclassification does not exceed the density requirement when densities are averaged throughout the area.
    3. Impervious surfaces include all proposed streets within the development approved after April 19, 2005 and all impervious surfaces on any lot and common area.
    4. Calculation of the area of the development includes all lots, street rights of- way and common areas within the watershed. Calculation of the area of the development must exclude any widening of existing street rights-of way, existing street rights-of-way and new street rights-of-way reserved in accordance with the Roadway Corridor Official Map Act, N.C. Gen. Stat. Chapter 136 Article 2E.
    5. Redevelopment is permitted when the activity does not result in a net increase of impervious surface and provides equal or greater stormwater control than the previous development and substitutions of impervious surfaces is done in accordance with Sec. 10.3.5.A.
    6. Any lot of record existing prior to October 12, 2008, that does not conform to the area or impervious surface coverage regulations of this section and which contains a detached house is exempt from the regulations of this overlay district, except there may be no exemption if the lot is contiguous to any other lot owned by the same person. Additions and expansions to existing structures must comply with the requirements of this overlay district, however, impervious surfaces existing prior to the initial application of these regulations must not be included in the impervious surface coverage calculations.
  3. Required Stormwater Measures
    1. Stormwater Retention, Detention and Capture
      Within any primary or secondary watershed protection area, lots which are connected to both City water and sewer utilities and have a total maximum impervious surface of more than 24%, provided that the first ½ inch of stormwater which directly or indirectly runoff off the surface in excess of 24%, from the lot is:
      1. Retained for water harvesting and use on the site, infiltration into the soil, evaporation into the air, or a combination of these;
      2. Detained for at least a 12-hour period
      3. Captured by an approved stormwater treatment device; or
      4. A combination of the above.
    2. Stormwater Runoff From Streets
      Where impervious surface coverage is greater than 24%, the first inch of stormwater which directly or indirectly runs off any street must be contained within the development in accordance with the retention or detention or capture methods set forth above.
  4. Maintenance of Stormwater Control Measures
    1. ​​​​​​​When stormwater control measure(s) or open space are required, a maintenance covenant and easements that comply with Sec. 9.2.2.G. are required.
    2. When stormwater control measure(s) are required, the requirements of Sec. 9.2.2.D. shall be met.
    3. When stormwater control measure(s) or open space are required, annual inspections and an inspection report that comply with Sec. 9.2.2.H. are required.
  5. Exemptions
    1. The impervious surface coverage limitations and stormwater retention, detention and capture requirements within the secondary water supply watershed protection area of the -UWPOD are inapplicable to any street, right-of-way, lot or improvement if its stormwater runoff flows by gravity to a watercourse located outside the overlay district. All gravity flow drainage plans shall be approved by the Engineering Services Department.
    2. Any lot of record existing prior to October 12, 2008, that does not conform to the area or impervious coverage regulations contained in the schedule of Maximum Impervious Surface Limits in a -UWPOD and Required Measures and which lot contains a dwelling used for single-unit living is exempt from the regulations of this overlay district, except there shall be no exemption if the lot is contiguous to any other lot owned by the same person. Additions and expansions to existing structures shall comply with the requirements of this overlay district, however, impervious surfaces existing prior to the initial application of these regulations shall not be included in the impervious surface coverage calculations.
    3. For all lots or portions of lots in existence prior to October 12, 2008 or lots established outside the subdivision process after that date, the impervious surface coverage limitations and stormwater retention, detention and capture requirements within the -UWPOD are inapplicable to any single development that disturbs less than 1 acre.