250203 Regular Meeting
February 3, 2025
The Randolph County Board of Commissioners met in regular session at 6:00 p.m. in the 1909
Randolph County Historic Courthouse Meeting Room, 145 Worth Street, Asheboro, NC.
Chairman Darrell Frye, Vice-Chairman Kenny Kidd, Commissioner David Allen, Commissioner
Hope Haywood, and Commissioner Lester Rivenbark were present. Also present were County
Manager Zeb Holden, Assistant County Manager/Finance Officer Will Massie, Assistant County
Manager William Johnson, County Attorney Ben Morgan, and Clerk to the Board Dana Crisco.
Chaplain Kevin Walton from the Randolph County Sheriff’s Office gave the invocation and
everyone recited the Pledge of Allegiance. The meeting was livestreamed on YouTube.
Special Recognition
Sgt. Julia Hooker from the Sheriff’s Office retired with 24 years of service. Sgt. Hooker was
recognized by Sheriff Greg Seabolt, after which, Chairman Frye presented her with an engraved
clock on behalf of the Board.
Public Comment Period
Pursuant to N.C.G.S. §153A-52.1, Chairman Frye opened the floor for public comment and
closed it after everyone wishing to speak had done so. County Attorney Ben Morgan read aloud
the Public Comment Rules of Procedure.
Kevin Franklin, 176 N. Fayetteville St., Asheboro, President of the Economic Development
Corporation (EDC), introduced David Hursey as the new Existing Industry Director for the EDC.
He began his employment in December to fill the position that had been vacant for eight months.
Mr. Hursey explained his background and thanked the Board for their support.
Lydia Davenport, 1477 Walker Rd., Asheboro, took her husband to the Emergency Room at
Randolph Health on January 24, 2025. They waited for ten hours. She decided to take him to
Cone Health Urgent Care but was not seen. He ended up going to High Point Hospital. He was in
pain and Randolph Health did nothing. She asked that the Board investigate the matter. Chairman
Frye stated that he was on the Randolph Health Board and would address the situation.
Agenda Approval
On motion of Kidd, seconded by Rivenbark, the Board voted 5-0 to approve the Meeting
Agenda.
Consent Agenda
On motion ofKidd, seconded by Rivenbark, the Board voted 5-0 to approve the Consent Agenda,
as presented, as follows:
approve Board of Commissioners Regular Meeting Minutes of January 6, 2025
and Special Meeting Minutes of January 13, 2025;
approve Budget Amendment - Building Inspections ($61,225), as follows:
2024-2025 Budget Ordinance
General Fund – Budget Amendment #52
2/3/25
RevenuesIncrease Decrease
Permits and Fees$61,225
Appropriations Increase Decrease
Building Inspections $61,225
approve Budget Amendment - Economic Development ($186,223), as follows:
2024-2025 Budget Ordinance
General Fund – Budget Amendment #53
RevenuesIncrease Decrease
Property Taxes $186,223
Appropriations Increase Decrease
Other Economic and Physical $186,223
Development Appropriations
approve Budget Amendment - Emergency Services ($14,000), as follows:
2024-2025 Budget Ordinance
General Fund – Budget Amendment #54
RevenuesIncrease Decrease
Restricted Intergovernmental $14,000
Appropriations Increase Decrease
Emergency Services $14,000
approve Project Amendment – Site Development Capital Project Fund ($1.5
million), as follows:
Site Development Capital Project Fund
Amendment #21
RevenuesIncrease Decrease
Restricted Intergovernmental $1,500,000
Appropriations Increase Decrease
I-74 Industrial Center –Road $1,500,000
Improvements
reappoint Chris Collins to the Archdale Planning Board;
approve request to contract for site preparation and Civil Work for Randleman
VIPER Tower.
Toyota Update
Emily Holland, Public Information Officer for Toyota North Carolinaintroduced some
colleagues she had in the audience then presented a video to update the Board on the progress
of the Toyota operations.
Chairman Frye questioned if they were continuing to hire for jobs in the plant. Ms.
Holland stated that they did have team members ready to start their positions. The need for
employees is based on the opening of each line.
2/3/25
Commissioner Allen asked if operations would be affected based on lessening desire from
customers to purchase electric vehicles. Ms. Holland said that Toyota has made their
production lines flexible to accommodate shifts in customer trends and in the community.
Commissioner Allen asked about their reactions and planning based on the impact from
the California fires on an electric battery plant in Moss Landing, California. Approximately
1200 people in the surrounding areas had to be evacuated because of it. Ms. Holland stated
that they are working with their fire team to develop plans to keep the community safe in a
case such as that. Toyota is planning to have an Open House and invite neighbors of the
plants to tour.
Chairman Frye understood that there were meetings with local fire departments working
in coordination with the Toyota Fire Department. Ms. Holland confirmed that there has been
discussion with some fire departments as well as the Fire Marshal.
Commissioner Allen said there were to be two interchanges off the highway to access the
plants. He indicated that one was already open. Ms. Holland stated that the second one
should be started in April per the Department of Transportation.
Commissioner Rivenbark asked how Toyota was engaging with students graduating from
high school. Ms. Holland said they have career fairs in coordination with the community
colleges in the area.
Vice-Chairman Kidd asked for Ms. Holland to list some of the ancillary services that will
be available to employees. She stated there will be an Urgent Care, child care, an
optometrist, a pharmacy, and a Wal-Mart store without perishable items.
Economic Development Project Blue Crab
Crystal Gettys, RC Economic Development Corp. Business Recruitment Director, said Project
Blue Crab has identified a site in Randolph County to potentially establish a pre-cast concrete
manufacturing facility to serve the southeast as the company expands their customer base. The
100-year-old company is a family-owned business with a fifth-generation president. Their product
line includes underground storm and sanitary standards, wet and dry utility vaults, box culverts,
and custom structures that serve the underground utility industry.
Project Blue Crab is considering both North Carolina and Virginia for its operation therefore
making this a competitive project. As part of their due diligence in determining which location is
most feasible, they are analyzing the cost of doing business, cost of renovation and new
construction as well as support from local and state governments. It is imperative that they secure
support from local government.
Contingent on state and local incentive approvals and the feasibility of the site, Project Blue
Crab anticipates an estimated capital investment of $9,124,500 in building improvements, new
construction and machinery and equipment. The company will create sixty new jobs with average
annual wages of over $63,000 exceeding the average county wage of $49,355.
2/3/25
The EDC is proposing a total local incentive package of $92,000 over five years based on the
estimated investment. In addition to local incentives, Blue Crab currently qualifies for $350,000
in state grants whichinclude a One NC Grant and a Building Reuse Grant. Both require the local
government to be the applicant on behalf of the company and a local match that will be satisfied
as part of the local incentive package.
The EDC believes that Blue Crab will be a tremendous asset to the community and will increase
the value of the property, generate significant investment in real and personal property, and provide
60job opportunities. Therefore, the EDC requests that the County approve the resolution offering
$92,000 in cash grants over a five-year period and approve being the applicant on behalf of the
company for the One NC Grant and Building Reuse Grant which require a match that will be
satisfied in the local incentive offer.
Commissioner Allen noted that the wage was much higher than the average for Randolph
County. Ms. Gettys said many positions were in management, sales, administration, and trained
production workers to run specialty equipment.
Public Hearing
Chairman Frye opened the Public Hearing and closed it when no one wished to speak.
On motion of Rivenbark, seconded by Haywood, the Board voted 5-0 to adopt the Resolution
Authorizing the County of Randolph to Enter into an Economic Development Incentives Contract,
as follows:
RESOLUTION AUTHORIZING THE COUNTY OF RANDOLPH TO ENTER
INTO AN ECONOMIC DEVELOPMENT INCENTIVES CONTRACT
WHEREAS, Section 158-7.1 of the North Carolina General Statutes authorizes a
county to undertake an economic development project by extending assistance to a
company in order to cause the company to locate or expand its operations within the
county; and
WHEREAS, the Board of Commissioners of Randolph County has held a public
hearing to consider whether to participate in an economic development project that
will result in the County of Randolph (the “County”) approving an economic
development incentives package whereby the County would contribute up to ninety-two
thousand dollars ($92,000) on behalf of an unnamed corporation (the “Company”) to
offset the costs of the Company’s locating its manufacturing facility in Randolph
County; and
WHEREAS, upon the completion by the Company of this project, the Company will
have generated new value/investment in personal property and equipment associated
with the project in an amount equal to or in excess of nine million one hundred twenty-
four thousand five hundred dollars ($9,124,500) and created a minimum of sixty (60)
new full-time jobs in the County; and
WHEREAS, this economic development project will stimulate and stabilize the
local economy, promote business in the County and result in the creation of a
significant number of jobs in the County; and
2/3/25
WHEREAS, the County has in its General Fund available revenues sufficient to
fund this economic development project; and
WHEREAS, this project is eligible for a one hundred twenty thousand dollar
($120,000.00) One NC Grant, whereby the County would apply for the Grant on behalf
of the Company and the County incentives referenced herein would satisfy the required
local match for said Grant, if awarded; and
WHEREAS, the project is also eligible for a minimum of a two hundred thirty-
thousand-dollar ($230,000.00) Building Reuse Grant from the North Carolina
Department of Commerce, whereby the County would apply for the funds on behalf of
the Company and the County incentives referenced herein would satisfy the required
local match for said Grant, if awarded.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
Randolph County, this 3rd day of February 2025, as follows:
Section 1. The County is authorized to expend up to ninety-two thousand dollars
($92,000) of County funds for the Company’s economic development
project.
Section 2. The appropriation outlined in Section 1 above will be paid to or on
behalf of the Company pursuant to a performance-based incentive
contract. In addition to the standard terms found in contracts that the
County routinely executes in the ordinary course of business, the
economic development incentives contract entered into by and between
the County and the Company must contain the following essential
terms and conditions:
a. The total payment made to or on behalf of the “Company” under
this contract shall not exceed ninety-two thousand dollars
($92,000).
b. The contract amount will be paid in equal installments over a
period of five (5) years to coincide with the Company’s
satisfactory completion of certain performance requirements.
The said performance requirements include, but are not limited
to, the following:
i. The Company must deliver to the County written certification
that, the actual value of new investment by the Company in
real property, personal property, and equipment in
connection with this project equals or exceeds nine million
one hundred twenty-four thousand five hundred dollars
($9,124,500); and
ii. The Company must provide Employment Security Reports to
the County evidencing the creation of sixty (60) new full-time
jobs.
c. The contract must provide the County with a means of recouping
a portion of the contract amount if the Company’s does not
remain in full operation, maintainingthe newly created jobs
referenced above, for a period of five (5) years immediately
following the date on which the final installment of the contract
amount is paid to the Company.
2/3/25
d. If the Company does not remain in full operation during this five
(5) year period, a portion of the incentive money must be
returned. The amount to be returned shall decrease on a pro-
rated amount for each year of said period that the Company
remains in full operation in the County.
Section 3. The County is authorized to apply for and accept, on behalf of the
Company, a One NC Grant from the North Carolina Department of
Commerce in the amount of one hundred twenty thousand dollars
($120,000.00) with the incentives referenced in paragraph 2 satisfying
the required local match for said grant.
Section 4. The County is hereby authorized to apply for and accept, on behalf of
the Company, a Building Reuse Grant from the North Carolina
Department of Commerce in the amount of at least two hundred thirty
thousand dollars ($230,000.00) with the incentives referenced in
paragraph 2 satisfying the required local match for said grant.
Section 5. The Chairman of the Randolph County Board of Commissioners is
hereby authorized to execute on behalf of the County of Randolph a
contract drafted in accordance with Section 2 of this resolution and
any other documents necessary for the implementation of this
economic development project.
Commercial Zoning Changes
Tonya Caddle, Planning and Zoning Director, stated the Randolph County Planning Board has
discussed Watershed Ordinance text amendments in the Unified Development Ordinance to
change zoning districts relative to the Highway Commercial district. A summary of the changes
was presented to the Board. The Planning Board voted to recommend the attached changes to the
Commercial Districts in the Unified Development Ordinance. The Planning Board also
recommended additional language regarding more than one home on a parcel. The Board is
currently hearing Special Use Permit requests from landowners to have a second home on their
property. The Board would like to have staff give those approvals as long as they meet the
requirements. Changes requested follow these minutes as Attachment A.
Commissioner Haywood asked if applicants understood the lasting implications of having
multiple homes on one property. Ms. Caddle said the staff makes applicants aware that the
properties must be subdivided before they could be sold.
Commissioner Haywood asked about recommendations on shared driveways. Ms. Caddle
stated that the DOT is making that recommendation.
Commissioner Allen commented that dividing the commercial uses into different categories
would make the Planning Board’s job easier.
Vice-Chairman Kidd asked if the “skill games” could be removed from the UDO. Mr. Holden
stated that legislation had changed and zoning boards must provide a use most closely aligned with
the type of business being zoned. Mr. Morgan said removing the “skill game” classification
would make it harder for the Planning Board and staff enforce zoning rules against such use.
2/3/25
Public Hearing
Chairman Frye opened the Public Hearing and closed it when no one wished to speak.
On motion of Haywood, seconded byAllen, the Board voted 5-0 to approve the Ordinance to
amend the Randolph County Unified Development Ordinance, to include the new definitions,
zoning districts and proposed uses that are included in the Board of Commissioners agenda as
Summary of Commercial Zoning Changes, submitted during the Randolph County Unified
Development Ordinance amendment presentation, and based upon the Determination of
Consistency and Findings of Reasonableness and Public Interest statement that is included in the
Board of Commissioners agenda, submitted during the amendment presentation and as may be
amended, incorporated into the motion, to be included in the minutes, and that the request is also
consistent with the Randolph County Growth Management Plan pursuant to Article 400, Section
408 (C) of the Randolph County Unified Development Ordinance and adopt the associated
Ordinance Amending the Randolph County Unified Development Ordinance, as follows:
Ordinance Amending the
Randolph County Unified Development Ordinance
WHEREAS, the North Carolina General Assembly and the Randolph County
Unified Development Ordinance allow for the amendments of zoning regulations as
necessary to achieve the goals of adequate light and air; preventing the overcrowding
of land, avoiding undue concentration of population; lessening congestion in the
streets, securing safety from fire, panic, and dangers; facilitating the efficient and
adequate provision of transportation, water, sewerage, schools, parks, and other
public requirements; and to promote the health and well-being of the community; and
WHEREAS, the Randolph County Planning Board has held a public meeting on
the proposed Summary of Commercial Zoning Changes authorized by this Ordinance
and recommends to the Randolph County Board of Commissioners that these
amendments be adopted.
BE IT ORDAINED that the Randolph County Board of Commissioners concludes
that the proposed amendments to the Randolph County Unified Development
Ordinance, as included in the agenda packets, are reasonable and in the public interest
as shown on the Consistency Determination and Finding of Reasonableness and Public
Interest, also included in the agenda packet. Additionally, the proposed amendments
support the policies and goals in the Randolph County Growth Management Plan; and
THEREFORE, BE IT ORDAINED that the Randolph County Board of
Commissioners does hereby adopt by this Ordinance the proposed amendments as
recommended by the Randolph County Planning Board, as included in the agenda
packet, and as may be amended, and shall take effect and have full power on February
3, 2025.
Watershed Ordinance Changes
Tonya Caddle, Planning and Zoning Director, said on January 7, 2025, the Randolph County
Planning Board considered text amendments in the Unified Development Ordinance. Changes
follow these minutes as Attachment B. The Planning Board voted unanimously to recommend
approval to the Randolph County Board of Commissioners.
2/3/25
Public Hearing
Chairman Frye opened the Public Hearing and closed it when no one wished to speak.
On motion of Rivenbark, seconded by Kidd, the Board voted 5-0 to approve amending the
Randolph County Unified Development Ordinance, to include all required legislative updates
along with updates to the Randolph County Watershed Protection Ordinance and the Randolph
County Flood Damage Prevention Ordinanceas recommended by the Randolph County Planning
Board, that is included in the Board of Commissioners agenda, submitted during the Randolph
County Unified Development Ordinance amendment presentation, and based upon the
Determination of Consistency and Findings of Reasonableness and Public Interest statement that
isincluded in the Board of Commissioners agenda, submitted during the amendment presentation
and as may be amended, incorporated into the motion, to be included in the minutes, and that the
request is also consistent with the Randolph County Growth Management Plan pursuant to Article
400, Section 408 (C) of the Randolph County Unified Development Ordinance and the associated
Ordinance Amending the Randolph County Unified Development Ordinance, as follows:
Ordinance Amending the
Randolph County Unified Development Ordinance
WHEREAS, the North Carolina General Assembly and the Randolph County
Unified Development Ordinance allow for the amendments of zoning regulations as
necessary to achieve the goals of adequate light and air; preventing the overcrowding
of land, avoiding undue concentration of population; lessening congestion in the
streets, securing safety from fire, panic, and dangers; facilitating the efficient and
adequate provision of transportation, water, sewerage, schools, parks, and other
public requirements; and to promote the health and well-being of the community; and
WHEREAS, the Randolph County Planning Board has held a public meeting on
the proposed changes authorized by this Ordinance and recommends to the Randolph
County Board of Commissioners that these amendments be adopted.
BE IT ORDAINED that the Randolph County Board of Commissioners concludes
that the proposed amendments to the Randolph County Unified Development
Ordinance, as included in the agenda packets, are reasonable and in the public interest
as shown on the Consistency Determination and Finding of Reasonableness and Public
Interest, also included in the agenda packet. Additionally, the proposed amendments
support the policies and goals in the Randolph County Growth Management Plan; and
BE IT FURTHER ORDAINED that the proposed amendments to the Randolph
County Watershed Ordinance contained within the Randolph County Unified
Development Ordinance, as included in the agenda packet, are as strict or more strict
than the State Model Watershed Ordinance.
THEREFORE, BE IT ORDAINED that the Randolph County Board of
Commissioners does hereby adopt by this Ordinance the proposed amendments as
recommended by the Randolph County Planning Board, as included in the agenda
packet, and as may be amended, and shall take effect and have full power on February
3, 2025.
Voluntary Agriculture District (VAD) Annual Report
2/3/25
Lauren Langley, Interim Cooperative Extension Director, reported that 15 new parcels totaling
555 acres were added to the VAD in 2024. There were 206 acres removed from VAD in 2024. The
total acres in the VAD currently are 20,131 acres. That makes 13% of all agricultural acres
(157,000 ac) in Randolph County in the VAD. She explained that if a parcel is sold, it is removed
from the VAD program until the new owner enrolls.
Chairman Frye stated that an article from the Randoph Record had reported that Randolph
County had more farms than any other county in North Carolina.
Commissioner Allen said the VAD and Enhanced VAD programs allow the property owners
to have some conservation of their land. It also lets citizens know there are farm related activities
in that area.
Ms. Langley reminded the Board that the Cooperative Extension had received grant money to
update the VAD signs.
Child Fatality Prevention Team (CFPT) and Community Child Protection Team (CCPT)
Updates
Tracie Murphy, Social Services Director, said in accordance with NCGS 143-576.1(a) (2), the
following is the annual report to the County Commissioners of Recommendations for system
improvements in Randolph County.
Team Activities: The Community Child Protection Team (CCPT) met in person monthly during
2024 (January 1, 2024 – December 31, 2024). 10 current cases of children under the protection of
Social Services were reviewed.
Areas of concern were:
Substance Abuse 4
Improper Supervision 3
Domestic Violence 3
Improper Care 4
Injurious Environment 3
Improper Supervision 1
Improper Medical Care 2
Adult Mental Health 2
The purpose of the Community Child Protection Team (CCPT) is to identify systemic
deficiencies in child welfare services or resources. Once identified, teams develop strategies to
address the gaps in the local child welfare system. The following gaps and recommendations
were identified:
•Child deaths related to co-sleeping: CCPT had a Safe Sleep training during a monthly
meeting.
•Public awarenessmust increase about conditions that impact child protection within
the community: CCPT recommended continuous community education with law
enforcement, school systems, daycare centers, all medical professions, mental health
facilities, and churches.
2/3/25
Action steps taken by DSS:
• CCPT and CFPT held another training on Safe Sleep to educate all CPS employees on the
dangers of parents co-sleeping with their children.
• DSS was able to take part in the Asheboro and Archdale Police Departments’ In-Service
Training, educating staff on making CPS reports, and new policies and procedures to
increase awareness and open communication between DSS and community partners.
• DSS continues to use 911 communications scheduling calendar to continue open and clear
communication between DSS and 911 communications. DSS keeps 911 communications
aware of the after-hours CPS Supervisor with their contact information so that someone is
always readily available to them. DSS also completed training with 911 communications
educating them on new policies and procedures and making reports.
• DSS met with Charter Schools, Randolph County and Asheboro City School nurses,
counselors, social workers, and teachers to keep them abreast of all new policies and
procedures.
• DSS met with Randolph County Partnership for Children educating them on how to make
reports, policies, and procedures as well as what signs to look for regarding abuse and
neglect.
• DSS met with Randolph Health Hospital nursing staff to update them on DSS’ new policies
and procedures. DSS also established a relationship with Thomasville Medical Center and
their leadership. Each entity was given informational handouts and flyers on how to report
abuse, neglect, and dependency, in addition to policy updates and procedures.
Were there any intensive death reviews during this reporting period?
• There were no Intensive Fatality Reviews during this reporting period.
Members of the Community Child Protection Team
Tracie Murphy, Randolph County DSS Director
Tara Aker, Randolph County Public Health Director
Bradley Beck, Randolph County EMS/Medical Examiner (Retired August 2024)
Bradley Cooper, Randolph County EMS/Medical Examiner (Replaced Bradley Beck)
Chuck Mears, Department of Juvenile Justice
Cyrena Welch, Randolph Health Hospital
Danielle Fisher, Randolph County Public Health – Care Management Supervisor
Donna Wright, Family Crisis Center
Dr. Kathleen Riley, Pediatrician – Randolph Health Pediatrics
Dr. Sharon Castelli, Superintendent – Uwharrie Charter Academy
Edwina Ashworth-Randolph County School System
Gail Higgs, Asheboro City School System
Jaynetta Butler, Randolph County DSS Assistant Director
Jennifer Evans, Randolph County DSS CPS Supervisor – CCPT Designee
Jerry Earnhardt, Daymark Recovery Services
Laurie Perez, Trillium Health Resources
Lt. Scott Brown, Asheboro Police Department
Meghan Kology, Guardian ad Litem
2/3/25
Melody Huggins, Randolph County Public Health – CFPT Team Review Coordinator
Myra Gaddy, Randolph County Sheriff’s Office
Robert Nelson, Trillium Health Resources (Replaced Laurie Perez)
Tena Lester, Asheboro City Schools
Trooper Brian Martin, NC State Highway Patrol
Walker Brown, Randolph County DSS Program
Tara Aker, Public Health Director, stated in accordance with N.C.G.S. 7B-1407.10(d), the
following is the annual report to the CountyCommissioners of recommendations for systems
improvements that may prevent child fatalities in Randolph County.
Team Activities:
Eighteen child deaths were received for the calendar year 2023. Thirteen of those deaths were
reviewed by the Child Fatality Prevention Team (CFPT). At the time of this report, the other 5
child deaths remain in “pending” status and will be reviewed by the CFPT once the case reports
are finalized by the North Carolina Office of the Chief Medical Examiner (OCME). A pending
case is one that the OCME has not yet finalized the report of the investigation, autopsy, and/or
toxicology. All applicable documents must be completed and approved before a case can be
released.
The CFPT met in person four times during calendar year 2024.
Causes of death were:
Accidents 2
Birth defects 0
Illnesses 6
Perinatal Conditions 5
Suicide 0
Homicide 0
Other (Pending) 4
SIDS (Pending) 1
Total 18
The purpose of the Child Fatality Prevention Team is to review the deaths of all Randolph
County children from birth up to 17 years of age. The review is to determine if system problems
exist that contributed in any way to the delay of or lack of services that might have prevented the
death. If gaps exist, the team works to improve/add services that will prevent problems for families
in the future.
The CFPT made the following recommendations: No gaps were identified.
Additional CFPT activities:
In November 2024, the team requested and received education provided by Jennifer LaBonte,
Trillium Health Resources, for Question, Persuade, & Refer (QPR) Gatekeeper training. The
training is designed to teach people without a professional mental health background torecognize
the warning signs of a suicide crisis and how to question, persuade, and refer someone to help.
Team members that attended the training received a one-year QPR Gatekeeper Certificate.
2/3/25
The CFPT received a Safe Sleep Educational kit in July 2024. The kit includes: a retractable
tabletop display of key safe sleep messaging (English/Spanish), a Pack ‘n Play/doll display from
Cribs for Kids and two safe sleep board books (English/Spanish). The Safe Sleep Educational kit
will be used to train staff, community partners, and CFPT members how to create a safe sleep
environment for infants up to 12 months of age and reduce the risk of SIDS and unsafe sleep
injury/death.
Ongoing safe sleep efforts continue and include providing Pack ‘n Play portable cribs to eligible
families and providing safe sleep education through the Books for Babies Program in partnership
with the Randolph Partnership for Children and Randolph Health. Additional safe sleep efforts
include providing 200 Safe Sleep Bags (125 English/75 Spanish) to area pediatrician offices for
dissemination to new parents. Each Safe Sleep Bag included a safe sleep sack, a fitted crib sheet,
a pacifier, a safe sleep board book, a safe sleep educational flyer, and a Randolph County Public
Health brochure. A safe sleep marketing campaign (four billboards across the county) was also
created and implemented during the month of September which is SIDS/Safe Sleep Awareness
Month. The marketing campaign highlighted the ABCs of safe sleep; A lone. B ack. C rib.
Members of the Combined TeamsChild Fatality Prevention Team and Community Child
Protection Team
Tara Aker, Randolph County Public Health Director
Tracie Murphy, Randolph County DSS Director
Melody Huggins, Randolph County Public Health - CFPT Review Coordinator
Jennifer Evans, Randolph County DSS Child Protective Services Supervisor
Dr. Kathleen Riley, Pediatrician /Randolph Health Pediatrics
Lt. Scott Brown, Asheboro Police Department
Laurie Perez, Trillium Health Resources
Robert Nelson, Trillium Health Resources (Replaced Laurie Perez)
Chuck Mears, Department of Juvenile Justice
Meghan Kology, Guardian ad Litem
Myra Gaddy, Randolph County Sheriff’s Office
Tena Lester, Asheboro City Schools
Trooper Brian Martin, NC State Highway Patrol
Jerry Earnhardt, Daymark Recovery Services
Donna Wright, Family Crisis Center
Jaynetta Butler, Randolph County DSS Assistant Director
Bradley Beck, Randolph County EMS/Medical Examiner (Retired August 2024)
Bradley Cooper, Randolph County EMS/Medical Examiner (Replaced Bradley Beck)
Dr. Sharon Castelli, Superintendent, Uwharrie Charter Academy
Cyrena Welch, Randolph Health Hospital
Edwina Ashworth, Randolph County School System
Gayle Higgs, Asheboro City Schools
Danielle Fisher, Randolph County Public Health – Care Management Supervisor
Walker Brown, Randolph County DSS
2/3/25
Chairman Frye asked if the pending cases had suspicious circumstances. Ms. Aker said the
team does not know until final reports are released.
Commissioner Haywood said she had learned that exposure to minute amounts of certain drugs
can kill an infant.
Commissioner Rivenbark asked if Safe Sleep information was provided to parents of every
newborn. Ms. Aker said the information is shared with parents at the hospital about Safe Sleep
and about reporting to Social Services.
Tara Aker, Public Health Director, stated the NC Child Fatality Review System is undergoing
changes. These changes are a part of the 2023 Appropriations Act \[NC Session Law 2023-134,
Section 9H.15\] and include overarching goals that will improve the work related to preventing
child fatalities and maltreatment. The NC Child Fatality Prevention System changes are listed
below with most slated to take effect July 1, 2025. Implementation of the national data system is
scheduled to take effect January 1, 2026.
Creation of a new State Office of Child Fatality Prevention.
Combining the child fatality prevention team (CFPT) and community child protection team
(CCPT). The combined team will be referred to as the “local team”. The local team can be
a single-county team or a multi-county team.
In lieu of reviewing all child deaths, new unified local teams will be required to review
certain categories of death.
Information from required reviews will be collected via the use of a national data system.
Review of active child protective services (non-fatality) cases will be optional rather than
required.
Some additional funding will be available for local teams.
Operating as a local team necessitates the evaluation and determination of whether the local
team will be a single-county team or a multi-county team. Randolph County Public Health and
Randolph County Department of Social Services CFPT/CCPT team members met and discussed
the single-county versus multi-county team options and believe that a single-county team is the
best fit for Randolph County. Being a local single-county team will require little change as
Randolph County already has a strong, engaged, and diverse team that is dedicated to preventing
the death and maltreatment of children.
Chairman Frye asked about restrictions for additional money in the program. Ms. Aker stated
the additional funding was minimal and could be used for training, community outreach, and
hosting meetings.
On motion of Haywood, seconded by Allen, the Board voted 5-0 to approve the single-county
option for the Child Fatality Prevention Team and the Community Child Protection Team.
Randolph County Agriculture Center Road Sign Bid
2/3/25
Paxton Arthurs, County Engineer, said for the last few monthshe has been working with a local
sign company (Stonetree Signs) to design and prepare bid documents for a new road sign that will
be at the entrance of the Agriculture Center. Last month, a Request For Bids was issued for this
project and set a bid deadline of January 21st. Because there was concern that there could be hidden
costs in the LED Display board that could affect the bid results, a “Preferred Alternate” was
included for an LED Display board by Optec Displays. The bid results are:
Base Bid Preferred Alternate (Optec)
Clark Sign Corp. $204,915.70 (Vantage) $215,615.70
Signage Industries $164,416.23 (Vantage) $190,858.52
Stonetree Signs $170,739.90 (Grandwell) $187,703.05
Mr. Arthurs presented the differences in technology to allow the Board to make an informed
decision on which package to choose. He said to the best of his knowledge the Optec sign had
newer technology and was lighter weight. The Vantage sign used less energy but had older
technology.
Commissioner Haywood asked about the difference between the brightness and longevity of
the two products. Mr. Arthurs said the sign could be dimmed in the beginning then brightened as
needed. He wasn’t sure of the longevity of the two products but stated that heat causes electronics
to breakdown more quickly.
Mr. Holden said his research had shown that DIP technology is best foroutdoor use and longer
distance viewing. The SMD technology was recommended for indoor use. He commended Mr.
Arthurs for the added information he presented to help the Board make the best decision.
Commissioner Haywood stated she doesn’t know enough about the products, longevity, and
maintenance to comfortably make theright choice.
Mr. Arthurs said these products did come with a one-year labor and ten-year parts guarantee.
They also had onboard diagnostics.
Commissioner Allen asked about the software and its ease of use for each. Mr. Arthurs replied
that each company has their own softwaremaking it difficult to compare.
Commissioner Rivenbark stated that the DIPtechnology worksbetter outdoors and it is most
durable.
Vice-Chairman Kidd said he wants to purchase the most durable and least expensive alternative.
Chairman Frye confirmed that the price was not only for the sign but also included installation
and training. Mr. Arthurs said it did.
On motion of Kidd, seconded by Rivenbark, the Board voted 4-1 with Haywood opposing to
award the Randolph County Agricultural Center Road Sign to Signage Industries at a cost of
$164,416 and authorize the County Manager to sign the contract.
2/3/25
Bush Creek Pedestrian Bridge Bid
Paxton Arthurs, County Engineer, said for the past year and a half he has been working with
Wetherill Engineering for the Design, Permitting, and Bidding of the Bush Creek Pedestrian
Bridge, which is a critical part of the Deep River Rail Trail. On January 16th at 2:00 p.m., eight
bids were received for this project. Following these minutes as Attachment C is the Certified Bid
Tab from Wetherill. The low bid was received from Eastern Structures, LLC, who was the same
contractor that recently built theSandy Creek Pedestrian Bridge. Mary Joan Pugh was able to get
a grant to cover most of this amount.
Commissioner Allen asked why the engineer’s estimate was so much lower than the bids. Mr.
Arthurs explained that it was more difficult to get to this site. The engineers were doing
comparisons from previous bids.
Commissioner Haywood stated that the County has worked with Eastern Structures, LLC and
they did a great job.
Commissioner Allen asked about the grant amount that Mary Joan Pugh, Trails Coordinator,
had gotten the County. Mr. Arthurs said it was $806,828 and could only be used for this project.
Commissioner Rivenbark stated that the rest must be made up by the County. Mr. Arthurs
explained that there was enough trail money left of the $1 million that had been put aside.
However, this project would deplete that.
Chairman Frye asked if the engineer could make changes for some cost savings. Mr. Arthurs
replied that because the property belongs to the State, they would have to approve any changes.
Commissioner Rivenbark asked where the $1 million had come from. Commissioner Haywood
said it was Strategic Planning money.
Ms. Pugh stated that the engineering had been completed. She had hoped the County’s
contribution for all the projects would only be $300,000 more. Now there is only $28,000 left for
this trail given the commitments to build the Harlan Creek Bridge and the Randleman Paddleway.
Commissioner Rivenbark said he felt like this project was just going to be “a bridge to
nowhere.” Ms. Pugh reassured him that there would be a trail. She said it had already been graded
so a base is there and drainage has been addressed. The money from the County had made it
possible to leverage over $800,000.
Commissioner Haywood asked how long the trail would be once this portion was complete.
Ms. Pugh stated it would be 5 miles from the Sapona Manufacturing plant in Cedar Falls to
Ramseur.
Mr. Holden said there was interest in these projects from many supporters. He suggested that
Ms. Pugh might be able to find grants to help cover costs.
2/3/25
Ms. Pugh gave statistics based on a trails app that showed Randolph County was one of the top
counties for trails being visited by people outside the county.
Chairman Frye said it may not be possible to get any State grants right now. Ms. Pugh stated
that there was $25 million available from the State earmarked for trails. She hoped that at least
one if not all of the four applications submitted for Randolph County trails would be awarded some
of that funding because preliminary work has already been done on the Randolph County projects.
Vice-Chairman Kidd confirmed that there would be only $28,000 remaining from the original
$1 million. Ms. Pugh agreed and stated that this bridge is imperative for the project and the County
loses the $800,000 if it is not done.
Commissioner Haywood said it would be a shame not to do this project because of all the work
that has already been done.
Commissioner Allen agreed and said he would hate to lose the $800,000 grant. This bridge is
the major expense of this project.
Chairman Frye said this project would only add 1 ½ miles trail. He asked if the $800,000 could
be used for other trails. Ms. Pugh reminded the Board that it could only be used for this project.
On motion of Allen, seconded by Haywood, the Board voted 4-1 with Rivenbark opposing to
award the Bush Creek Pedestrian Bridge Bid to Eastern Structures, LLC at a cost of $987,000.
Proposed Budget Schedule
Zeb Holden, County Manager, presented the Proposed Budget Schedule.
On motion of Allen, seconded by Rivenbark, the Board voted 5-0 to adopt the Proposed Budget
Schedule, as presented, as follows:
Thursday, May 29 Proposed Budget Presentations
6:00 - 6:40 p.m. Proposed County Budget
6:40 - 7:00 p.m. Asheboro City Schools
7:00 - 7:20 p.m. Randolph County Schools
7:20 - 7:40 p.m. Randolph Community College
Monday, June 2 Regular June Commissioners Meeting
6:00 p.m. Trillium Health Resources - Mental Health LME/MCO
Thursday, June 5 County Department Presentations
3:00 - 5:00 p.m. All County Departments
Monday, June 9 Public Input
6:00 – 6:30 p.m. Community Agencies Requesting Financial Assistance
6:30 p.m. Fire Department Presentations
6:30 p.m. Public Hearings
2/3/25
1) Appropriation to Randolph Economic Development Corp.
2)Proposed County Budget
Monday, June 16 Budget Adoption
6:00 p.m. Approve Close-out Budget Amendments for FY 2024-25
Capital Improvement Plan
Review Capital Project Schedule for 2025-26
2025-26 Budget Adoption
Adopt Fire Districts Property Tax Rates Adopt School
Districts Property Tax Rates Adopt County Fee Schedules
Discussion of Manager's Proposed 2025-26 Budget
Adoption of Final County Budget and County Property Tax
Rate
County Manager’s Update
The County Manager did not have any updates.
Commissioner’s Updates
Chairman Frye said that he and Commissioner Allen had attended a meeting with the state
association where legislative itemswere discussed.
Adjournment
At 8:25 p.m., on motion of Kidd , seconded by Rivenbark, the Board voted 5-0 to adjourn.
________________________________ ________________________________
Darrell Frye, Chairman Kenny Kidd
________________________________ _________________________________
David Allen Hope Haywood
________________________________ _________________________________
Lester Rivenbark Dana Crisco, Clerk to the Board
2/3/25
Summary of Commercial Zoning Changes in
the Randolph County Unified Development
Ordinance
102: U NIFIED D EVELOPMENT O RDINANCE D EFINITIONS
Add the following definitions to Section 102:
Lar or areathat may include a structurelarger than 10,000 square feet
ge Outdoor Sales:An outdo
that is used for the sales of goods and services.
Large Outdoor Storage:An outdoor area that may include a structure larger than 10,000 square feet
that is used for the storage of goods and products such as building materials, automobiles, boats, and
recreational vehicles.
Pet Grooming:An activity that involves shaving, clipping, or trimming the coat or nails of any pet.
Small Box Discount Store:A retail establishment with a floor area of less than 15,000 square feet,
offering a wide variety of new merchandise at discounted prices, averaging under $10.00. These stores
provide convenient shopping options fora range of consumable goods (such as food, paperproducts,
cleaning supplies, health and beauty options, and pet supplies) and non-consumable goods (such as
seasonal merchandise, home décor, domestics, and basic apparel.) For the purposes of this Ordinance,
these stores are not classified as convenience stores.
Taxi Stand – Park and Ride Lot: A system for reducing traffic congestion in which drivers leave their
vehiclesin parking lots and travel to other locations on various means of transportation.
TowingService:A temporary holding place for vehicles thathave been towed or impounded. This
definition does not include the permanent storage or dismantling of vehicles.
Transitional Housing:Housing designed for the transition from a treatment program back into their
community. Transitional housing is intended for individuals and families who are in recovery and require
further assistance before living independently.
613: Z ONING D ISTRICTS E STABLISHED
A.I NTENT OF Z ONING D ISTRICTS
The following pages include detailed descriptions of the base zoning districts contained
within this Ordinance. Overlay Zoning Districts are not included in the following charts
since the districts lay over the base districts and the specific guidelines are covered in
more detail later in this section. Conditional Districts are not listed below as there are
notes on each page that addresses the Conditional Districts. After the adoption of GC:
GeneralCommercial District, LC: LimitedCommercial District, and CC: Community
Commercial District,the HC: Highway Commercial District shall not be used in Randolph
County zoning jurisdictionfor future rezonings.
Summary of Commercial Zoning Changes11/13/24Page 1 of 8
B.
M INIMUM L OT S IZES
For this Ordinance, all minimum lot sizes shall be computed by excluding any area in a
designed right-of-way, and land subject to flooding or land that may aggravate the flood
hazard.
Add the following tables to Section 613:
Summary of Commercial Zoning Changes 11/13/24 Page 2 of 8
:
GC: G ENERAL C OMMERCIAL D ISTRICT
P URPOSE
The purpose of the General Commercial (GC) District is to provide a place for regional
commercial uses and for which a full range of commercial and professional uses may
be located that attract customers from a larger service area. The district regulations are
designed to protect and encourage the transitional character of the district by permitting
uses that are compatible with the surrounding area.
Landscape buffer Level II will be required along adjacent residentially zoned property
or adjacent residential uses and a landscape buffer Level III along all property lines for
all manufacturing uses.
D IMENSIONAL S TANDARDS FOR P RIMARY S TRUCTURE
Lot size with a minimum of 100 ft. of 40,000 sq. ft.
State road frontage Water Quality Critical Area: 80,000 sq. ft.
Lot size with less than 100 ft. of
5 acres
State road frontage
Lot width 100 ft. at the building line
Front setback 35 ft. from the right-of-way
Corner side setback 35 ft. from the right-of-way
Side setback 10 ft. from any side property line
Rear setback 30ft. from the rear property line
D IMENSIONAL S TANDARDS FOR A CCESSORY S TRUCTURES
Road setback 20 ft. from any road right-of-way
Property line setback 5 ft. from any property line
D IMENSIONAL S TANDARDS N OTES
1.Lot areas and setbacks shall be increased if required by Randolph County Public Health.
2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County
Watershed Protection Regulations.
3. Front yard setback shall be maintained on all road rights-of-way.
4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000
sq. ft. or 20,000 sq. ft. with public utilities.
5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft.
6. The minimum lot size requirements within Rural Growth Areas are 3 acres.
7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio.
8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres.
9. Conditional Districts are identical to the general use districts except for site plans and individualized
development conditions are imposed only upon the signed petition of all owners of the land to be
included in the Conditional District.
Summary of Commercial Zoning Changes 11/13/24 Page 3 of 8
LC:L IMITED C OMMERCIAL D ISTRICT
P URPOSE
The purpose of the LimitedCommercial(LC) District is to provide a place for low to
medium-intensity crossroad businesses and community shopping establishments.The
district regulations are designed to protect and encourage the transitional character of
the district by permitting uses that are compatible with the surrounding area.
Landscape buffer Level III will be required along adjacent residentially zoned property
or adjacent residential uses.
No building within this district shall exceed 40,000 square feet, including all floors.
D IMENSIONAL S TANDARDS FOR P RIMARY S TRUCTURE
Lot size with a minimum of 100 ft. of 40,000 sq. ft.
State road frontage Water Quality Critical Area: 80,000 sq. ft.
Lot size with less than 100 ft. of
5 acres
State road frontage
Lot width 100 ft. at the building line
Front setback 35 ft. from the right-of-way
Corner side setback 35 ft. from the right-of-way
Side setback 10 ft. from any side property line
Rear setback 30ft. from the rear property line
D IMENSIONAL S TANDARDS FOR A CCESSORY S TRUCTURES
Road setback 20 ft. from any road right-of-way
Property line setback 5 ft. from any property line
D IMENSIONAL S TANDARDS N OTES
1.Lot areas and setbacks shall be increased if required by Randolph County Public Health.
2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County
Watershed Protection Regulations.
3. Front yard setback shall be maintained on all road rights-of-way.
4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of
30,000 sq. ft. or 20,000 sq. ft. with public utilities.
5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft.
6. The minimum lot size requirements within Rural Growth Areas are 3 acres.
7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio.
8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres.
9. Conditional Districts are identical to the general use districts except for site plans and
individualized development conditions are imposed only upon the signed petition of all owners
of the land to be included in the Conditional District.
Summary of Commercial Zoning Changes 11/13/24 Page 4 of 8
CC: C OMMUNITY C OMMERCIAL D ISTRICT
P URPOSE
The purpose of the CommunityCommercial (CC) District is to provide a place for
crossroads commercial services to residences with basic trade and personal services
that occur regularly. The district regulations are designed to protect and encourage the
character of the district by permitting uses that are compatible with the surrounding
area.
Landscape buffer Level II will be required along adjacent residentially zoned property
or adjacent residential uses.
No building within this district shall exceed 10,000 square feet, including all floors.
D IMENSIONAL S TANDARDS FOR P RIMARY S TRUCTURE
Lot size with a minimum of 100 ft. of 40,000 sq. ft.
State road frontage Water Quality Critical Area: 80,000 sq. ft.
Lot size with less than 100 ft. of
5 acres
State road frontage
Lot width 100 ft. at the building line
Front setback 35 ft. from the right-of-way
Corner side setback 35 ft. from the right-of-way
Side setback 10 ft. from any side property line
Rear setback 30ft. from the rear property line
D IMENSIONAL S TANDARDS FOR A CCESSORY S TRUCTURES
Road setback 20 ft. from any road right-of-way
Property line setback 5 ft. from any property line
D IMENSIONAL S TANDARDS N OTES
1. Lot areas and setbacks shall be increased if required by Randolph County Public Health.
2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County
Watershed Protection Regulations.
3. Front yard setback shall be maintained on all road rights-of-way.
4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000
sq. ft. or 20,000 sq. ft. with public utilities.
5.The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft.
6. The minimum lot size requirements within Rural Growth Areas are 3 acres.
7.Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio.
8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres.
9. Conditional Districts are identical to the general use districts except for site plans and individualized
development conditions are imposed only upon the signed petition of all owners of the land to be
included in the Conditional District.
Summary of Commercial Zoning Changes 11/13/24 Page 5 of 8
Amend Section 618 to include the following uses and districts.
Commercial UsesGC LC CC
Amusement, Indoor -
(e.g., bowling alleys, skating rinks)
Amusement Out of Doors -
(e.g., roller coasters, fairgrounds, Theater,
Drive-In, Ferris Wheels)
Assembly -
(e.g., Event Center, Community Center,
public or non-profit club and recreation,
Fitness and recreational sports center)
Auction Sales, Temporary, One-time use
Automobile carwash, drive-through,
`
requiring vehicle stacking
Bus station
Clubs and Places of Entertainment -
commercial
Consumer Services
(Dry cleaners/laundry, veterinary Clinic,
locksmith, post office government offices,
repair shop, Bakery, Barber/Beauty
Services, bank, restaurant, exterminating
services, library, gunsmith, tailor)
Daycare -Freestanding
Drive-in Window services (banks,
laundries, fast food) if permitted in the
district
Funeral Home
Health and social services centers
Home Occupation
Hotel/Motel
Large Outdoor Sales (e.g., Auction Sales -
permanent, Flea market)
Large Outdoor Storage (e.g., Contractor’s
Yard with outdoor storage, Towing Service
yards, Boat and RV storage)
Manufacturing
(e.g., Glass Manufacturing, Bottling Plant,
cabinet making, upholstering and furniture
refinishing, machine/welding shop)
Mixed Commercial and residential use
where commercial use is primary and both
occupy the same structure or lot
Outdoor Storage Services
(Service Stations, Auto Body Shops, RV,
Service and Sale)
Pet Boarding/Grooming S
Planned Business Development
Summary of Commercial Zoning Changes 11/13/24 Page 6 of 8
Commercial UsesGCLCCC
Pottery manufacturing
Professional Offices
(Laboratory, Clinic medical/dental, law
office, accountant, printing/reproduction
shop)
Professional Services
(e.g., Automobile repair/service station,)
Public Utilities Substation S S S
Radio or Television Tower S S S
Religious Facility
(Churches and customary uses including
childcare on site)
Sales -
( e.g., Drugstore, convenience store, Flea
market indoors, retail sales - apparel,
accessories shoes, grocery store, Florist)
Sales with Outdoor Display -
( e.g., Farm supplies/machinery sales,
mobile homes sales, accessory building
sales, builders supply sales, Automobile
sales, automobile/trailer rentals, auction
yards-permanent, nursery, monument and
cut stone manufacturer sales, industrial
equipment/service, Wholesale sales)
School
S S S
(e.g., Schools, Business/Trade)
Sign - Directional Gateway
Sign - On-premises
Sign -Outdoor advertising (off-premises)
Skills, Games of Chance S S S
Small Box Discount Stores
Storage
(e.g. mini-warehouse, automobile storage)
Telecommunication Tower SSS
Transportation
(e.g., Taxi Stand, park and ride lot)
Transitional Housing
Warehouse sales or service
Add the following information to Article 600, Section 621.
S MALL B OX D ISCOUNT S TORE
Zoning District: CC, GC, and LC.
Parking: Off-street parking and loading shall be provided per Article 600, Section
634.
Summary of Commercial Zoning Changes 11/13/24 Page 7 of 8
Signs:Signs shall be permitted as described in Article 600, Section 635.
Required Plans:a.A Level III buffer between residential zoning or currentresidential
uses.
b.Site Plan showing all buildings includingdimensions of buildings.
c. Proposed points of access, egress, and patterns of internal
circulation.
d.Layout of parking spaces.
e.Location and type of security lighting.
f.No more than seventy percent of the building exterior shall be metal.
Add the following information as Section 628 and renumber existing Section 628 to be Section 629and
renumber the remainder of the Article.
628: M ULTIPLE H OMES ON ONE PARCEL
Multiple homes are allowed on one parcel provided that the following requirements are met.
A.No more than two dwelling units are permitted on the parcel and one of the dwelling units shall
be occupied by the owner of the property.
B.There shall be no less than the required area and road frontage per dwelling unit for the district
in which the development is located.
C.Points of ingress and egress shall consist of a driveway or roadway with a minimum width
of twenty feet and located in such a way as to minimize traffic hazards, inconvenience,
and congestion.
D.Stormwater and sanitary sewage shall be provided as approved by the Randolph County
Planning Department and Randolph County Public Health.
E.Plans, as may be required, shall be submitted showing the following:
(1)Dimensions of the property;
(2)Location, use, and ownership of all existing and proposed buildings; and
(3)Public and private roads.
F.Multiple homes are allowed in the E-1, RA, RE, RM,and RR zoning districts.
Summary of Commercial Zoning Changes11/13/24Page 8 of 8
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
801:W ATERSHED P ROTECTION O RDINANCE
A.A UTHORITYAND E NACTMENT
The North CarolinaGeneral Assemblyhas, in Chapter 153A, Article 6,
Section 121, General Ordinance Making Power; and in Chapter 143, Article
21, Waterand Air Resources,authorized Randolph County to adopt
regulations designed to promote public health, safety, and general welfare
of its citizenry.In addition, NCGS § 160D-926 specifically authorized
Randolph County to enact and enforce water supply watershed
management regulations. The Randolph County Board of Commissioners
does hereby ordain and enact into law the following articles as theRandolph
County Watershed Protection Ordinance.
B.J URISDICTION
The provisions of this Randolph County Watershed Protection Ordinance
shall apply within the areas designated as a Water Supply Watershed by
the North Carolina Environmental Management Commission and shall be
defined and established on a water supply watershed protection map of
Randolph County, North Carolina,which is adopted simultaneously
herewith. The watershed map and all explanatory matter contained thereon
accompany and are hereby made part of this Randolph County Watershed
Protection Ordinance.ThisOrdinance shall be permanently kept on file in
the office of the Clerk to the Randolph County Board of Commissioners.
C.E XCEPTIONS TO A PPLICABILITY
Nothingcontained herein shall repeal, modify, or amend any Federal or
State law or regulation, or any ordinance or regulation pertaining thereto
except any ordinance which these regulations specifically replace; nor shall
any provision of this Ordinance amend, modify, or restrict any provisions of
the Code of Ordinances of Randolph County; however, the adoption of this
Ordinance shall and does amend allordinances, resolutions, and
regulations in effect in Randolph Countyat the time of the adoption of this
Ordinance that may be construed to impair or reduce the effectiveness of
this Ordinance or to conflict with any of its provisions.
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.
Existing development, as defined in this Ordinance, is not subject to the
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 313
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
requirements of this Ordinance.
Expansions to existing development must meet the requirements of this
Ordinance, except expansions to single-family residential development
unless the expansion is a part of the common plan of development. In an
expansion, the built-upon area of the existing developmentis not required
to be included in the density calculations. Where there is a net increase of
built-upon area, only the area of net increase is subject to this Ordinance.
Where existing development is being replaced with a new built-upon area,
and there is a net increase of built-upon area, only areas of the net increase
shall be subject to this Ordinance.
If a nonconforming lot of record is not contiguous to any other lot owned by
the same party, then that lot of record shall not be subject to the
development restrictions of this Ordinanceif it is developed for single-family
residential purposes.Randolph County requires the combination of
contiguous nonconforming lots of records owned by the same party to
establish a lot or lots that meet requirements in Section 802 of this
Ordinance.
Any lot or parcel created as part of a family subdivision after the effective
date of these rules shall be exempt from these rules if it is developed for
one single-family detached residence and if it is exempt from local
subdivision regulation.
Any lot or parcel created as part of any other type of subdivision,that is
exempt from the Randolph County Subdivision Ordinanceshall be subject
to the land use requirements (including impervious surface requirements)
of these rules, except that such a lot or parcel must meet the minimum buffer
requirements to the maximum extent practicable.
An applicant may exceed the density limits in Article 803 if all of the following
circumstances apply:
The property was developed before the effective date of the
Randolph County Watershed Protection Ordinance;
The property has not been combined with additional lots after
January 1, 2021;
The property has not been a participant in a density averaging
transaction under NCGS § 143-214.5(d2);
The current use of the property is nonresidential;
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 314
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
In the sole discretion, and at the voluntary election, of the
property owner, the stormwater from all of the existing and
new built-upon area of the property is treated under all
applicable Randolph County, State, and Federal laws and
regulations; and
The remaining vegetated buffer on the property is preserved
per the requirements of this Ordinance.
D.R EPEAL OF E XISTING W ATERSHED O RDINANCE
This Ordinancein part carries forward by re-enactment, some of the
Randolph County Watershed Protection Ordinanceadopted by the
Randolph County Board of CommissionersonOctober 7, 1997, andas
amended, 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 Randolph County Watershed Ordinancewhich 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 ordinance provisions
heretofore in effect, which are now pending in any court of this stateor of
the United States, shall not be abated or abandonedby reasonbecauseof
the adoption of this Ordinance, but shall be prosecuted to their finality the
same as if this Ordinancehad not been adopted; and all violations of the
existingRandolph County Watershed Protection Ordinance,prosecutions
for which have not yet been instituted, may be hereafter filed and
prosecuted; and nothing in this Ordinanceshall be so construed as to
abandon, abate or dismiss any litigation or prosecution now pending and/or
which may heretofore have been instituted or prosecuted.
1
E.C RIMINAL P ENALTIES
Any person violating any provisions of this Ordinance shall be guilty of a
violation of this Ordinance and be subject to Article 400, Section 405. The
maximum fine for each offense shall not exceed $500.00. Each day that the
violation continues shall constitute a separate offense.
F.R EMEDIES
If any subdivision, development,and/or land use is found to violatethis
Ordinance, the Randolph CountyBoardof Commissionersmay, in addition
to all other remedies available either in law or in equity, institute a civil
penaltyof$500.00, action or proceedings to restrain, correct, or abate the
violation; to prevent the occupancy of the building, structure, or land; or to
prevent any illegal act, conduct, business, or use in or about the premises.
Also, the North CarolinaEnvironmental Management Commission may
assess civil penalties underNCGS 143-215.6(a).Each day that the violation
1
Water quality rules are found in NCGS 143 so it is possible that additional criminal penalties may apply.
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 315
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
continues shall constitute a separate offense.
If the Watershed Administrator finds that any of the provisions of this
Ordinanceare being violated, he shall notify in writing the person
responsible for such violation, indicating the nature of the violation, and
ordering the action necessary to correct it.He shall order the discontinuance
of the illegal use of land, buildings,or structures; removal of illegal buildings
or structures, or additions, alterations,or structural changes thereto;
discontinuance of any illegal work being done; or shall take any action
authorized by this Ordinanceto ensure compliance with or to prevent
violation of its provisions.If a ruling of the Watershed Administrator is
questioned, the aggrieved party or parties may appeal such ruling to the
Watershed Review Board.
H.S EVERABILITY
Should any section or provision of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, the declaration shall
not affect the validity of this Ordinance as a whole or any part thereof that
is not specifically declared to be invalid or unconstitutional.
I.E FFECTIVE D ATE
This Ordinance shall take effect and be in force on the date of adoption of
the Randolph County Unified Development Ordinance.
802.S UBDIVISION R EGULATIONS
A.G ENERAL P ROVISIONS
No subdivision plat of land within the Water Supply Watershed shall be filed
or recorded by the Randolph County Register of Deeds until it has been
approved with the provisions of this Article. Likewise, the Randolph County
Clerk of Superior Court shall not order or direct the recording of a plat if the
recording of such plat would conflict with this Article.
The approval of a plat does not constitute or affect the acceptance by
Randolph County or the public of the dedication of any street or other
ground, easement, right-of-way, public utility line, or other public facility
shown on the plat and shall not be construed to do so.
All subdivisions shall conform to the mapping requirements contained in
NCGS 47-30.
All subdivisions of land within the jurisdiction of Randolph County after the
effective date of this Ordinance shall require a plat to be prepared,
approved, and recorded under this Ordinance.
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B.S UBDIVISION A PPLICATION AND R EVIEW P ROCEDURES
All proposed subdivisions shall be reviewed beforerecording with the
Randolph County Register of Deeds by submitting a vicinity map to the
Watershed Administrator to determine whetherthe property is located
within the designated Water Supply Watershed.Subdivisions that are not
within the designated watershed area shall not be subject to the provisions
of this Ordinanceand may be recorded provided the Watershed
Administrator initials the vicinity map. Subdivisions within a WS-IV
watershed are subject to the provisions of this Ordinanceonly when an
erosion and sedimentation plan is required under the provisions of State
law or anapproved local programunless another stormwater program
applies.Subdivisions within the designated watershed area shall comply
with the provisions of this Ordinanceand all other state and local
requirements that may apply.
Subdivision applications shall be filed with the Watershed Administrator.
The application shall include a completed application form, two copies of
the plat, a description of the proposed method of providing stormwater
drainage,and supporting documentation deemed necessary by the
Watershed Administrator or the Watershed Review Board.
The Watershed Administrator shall review the completed application and
shall either approve, approve conditionally, or disapprove each application.
The WatershedAdministrator shall take final action within forty-five days of
submissionoftheapplication.The Watershed Administrator or the Board
may provide public agencies an opportunity to review and make
recommendations. However, the failure of the agencies to submit their
comments and recommendations shall not delay action within the
prescribed time limit.Said public agencies may include, but are not limited
to, the following:
(1)The NCDOT district highway engineer concerningproposed
streets and highways;
(2)The director of Randolph County Public Healthconcerningthe
proposed private water system or sewer systems normally
approved by Randolph County PublicHealth;
(3)The state Division of Water Resourcesconcerningproposed
sewersystems normally approved by the Division;
(4)The State Division of Energy, Mineral and Land Resources
concerning engineered stormwater controls or stormwater
management in general;
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(5)Randolph County for subdivisions located in the
Extraterritorial Jurisdiction of a municipality;
(6)Local government entities responsible for proposed sewer
and/or water systems; or
(7)Any other agency or official designated by the Watershed
Administrator or Watershed Review Board.
If the Watershed Administrator approves the application, such approval
shall be indicated on both copies of the plat by the following certificate and
signed by the WatershedAdministrator:
Certificate of Approval for Recording
I certify that the plat shown herein complies with the Randolph County
Watershed Protection Ordinanceand is approved by the Randolph County
Watershed Review Board for recording in the Randolph County Register of
Deeds Office.
________________________________________
DateWatershed Administrator
NOTE: This property is located within a Public Water Supply
Watershed. Development restrictions may apply.
If the Watershed Administrator disapproves or approves conditionally the
application, the reasons for such action shall be stated in writing for the
applicant and may be entered in the minutes. The subdivider may make
changes and submit a revised plan which shall constitute a separate
request for review.
As a condition for approval, all subdivision plats shall comply with the
requirements for recording withthe Randolph CountyRegister of Deeds.
The plat shall be recorded within thirty days of approval.The Subdivider
shall provide the Watershed Administrator with evidence the plat has been
recorded with the Randolph County Register of Deeds within five working
days.
C.S UBDIVISION S TANDARDS AND R EQUIRED I MPROVEMENTS
All lots shall provide adequate building space withthe development
standards contained in Article 803.Lots thatare smaller than the minimum
required for residential lots may be developed using built-upon area criteria
underArticle 803.
To calculatethe built-upon area, the total project area shall include the total
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acreage in the tract on which the project is to be developed.
The application shall be accompanied by a description of the proposed
method of providing stormwater drainage. The subdivider shall provide a
drainage system that diverts stormwater runoff away from surface waters,
incorporates Stormwater Control Measures tominimize water quality
impacts, and meets any local requirements.
The application shall, where required, be accompanied by the
Sedimentation and Erosion Control Planapproved by the North Carolina
Division of Land Quality administering a Sedimentation and Erosion Control
Ordinance approved by the North Carolina Division of Energy, Mineral and
Land Resources.
Roads constructed in critical areas and watershed vegetated conveyance
areas. Where possible, roads should be located outside of critical areas and
watershed vegetated conveyance areas.Roads constructed within these
areas shall be designed and constructed to minimize their impact on water
quality.
D.C ONSTRUCTION P ROCEDURES
No construction or installation of improvements shall commence in a
proposed subdivision until a subdivision plat has been approved.
No building or other permits shall be issued for the erection of a structure
on any lot not onrecord at the time of adoption of this Ordinance until all
requirements of this Ordinance have been met.The subdivider, before
commencing any work within the subdivision, shall planwith the Watershed
Administrator to provide for adequate inspection.
E.P ENALTIES FOR T RANSFERRING L OTS IN U NAPPROVED S UBDIVISIONS
Any person who, being the owner or agent of the owner of any land located
within the jurisdiction ofRandolph County,thereafter subdivides his land in
violation of this Ordinanceor transfers or sells land by reference to,the
exhibition of, or any other use of a plat showing a subdivision of the land
before the plat has been properly approved under this Ordinanceand
recorded in the Randolph County Register of Deeds, shall be guilty of
violation of this Ordinance and be subject to Article 400, Section 405. The
description by metes and bounds in the instrument of transfer or other
document used in the process of selling or transferring land shall not exempt
the transaction from this penalty. Randolph Countymay bring an action for
aninjunction of any illegal subdivision, transfer, conveyance, or sale of land,
and the court shall, upon appropriate findings, issue an injunction and order
requiring the offending party to comply with this Ordinance.
F.S TORM W ATER D RAINAGE F ACILITIES
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The application shall be accompanied by a description of the proposed
method of providing stormwater drainage. The subdivider shall provide a
drainage system that diverts stormwater runoff away from surface waters,
incorporate Storm Water Control Measures to minimize water quality
impacts and meet Randolph County requirements.
803:E STABLISHMENT OF W ATERSHED A REAS
The purpose of this Article is to list and describe the watershed areas herein adopted.
For purposes of this Ordinance, Randolph County is hereby divided into the following
areas as appropriate.
Watershed ClassificationWatershed Type
WS-IWatershed One
WS-II-CAWatershed Two Critical Area
WS-II-BWWatershed Two Watershed Area
WS-III-CAWatershed Three Critical Area
WS-III-BWWatershed Three Watershed Area
WS-IV-CAWatershed Four Critical Area
WS-IV-PAWatershed Four Protected Area
WS-VWatershed Five
Table 20: Watershed Area Table
For this Ordinance, the following watershed falls into the appropriate classification and
allows the stated percent of impervious surface.
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P ERCENT OF
C LASSIFICATION W ATERSHED I MPERVIOUS S URFACE
(L OW D ENSITY)
WS-In/an/a
Back Creek
WS-II-CAUT to Cedar Fork Six percent
Creek
Back Creek
WS-II-BWUT to CedarForkTwelve percent
Creek
Uwharrie River (Lake
Reese)
WS-III-CATwelvepercent
Polecat Creek
Sandy Creek
Bear Creek(CPF)
Uwharrie River (Lake
Reese)
WS-III-BWTwenty-fourpercent
Polecat Creek
Rocky River
Sandy Creek
Deep River
WS-IV-CASix percent
(Randleman Lake)
Badin Lake
Big Alamance Lake
WS-IV-PATwelvepercent
Deep River
(Randleman Lake)
WS-Vn/an/a
Table 21: Randolph County Watershed Classifications
804:W ATERSHED A REAS A LLOWED AND N ON-A LLOWED U SES
The following table lists various allowed and non-allowed uses in the watershed areas of
Randolph County. Note that if a use is listed as allowed does not mean that the Randolph
County Zoning Ordinance will allow the use without required public hearings. A
checkmark indicates that the use is allowed and if the use is blank, the use is not allowed.
A CTIVITY/U SE
1
Agriculture
2
Animal Operations
3
Groundwater remediation project discharges
4
Industrial waste
New industrial connections and expansions to existing
municipal discharge with pretreatment program pursuant to
15A NCA 02H .0904
New landfills
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A CTIVITY/U SE
New NPDES Individual Permit domestic treated wastewater
discharge
New NPDES Individual Permit industrial treated wastewater
discharge
New permitted petroleum-contaminated soil sites
New permitted residual land application
5
Nonpoint Source Pollution
Non-process industrial waste
6, 7
Non-residential Development
8
NPDES General or Individual Stormwater discharges
NPDES General Permit Wastewater discharges pursuant to
8
15A NCAC 02H .0127
8
NPDES Individual Permit trout farm discharges
4
Other wastes
5
Residential Development
4
Sewage
9
Silviculture
Table 22: Allowed and Non-Allowed Uses
Notes to Allowed and Non-Allowed Uses
1
In WS-I watershed and Critical Areas of WS-II, WS-III, and WS-IV watersheds,
agricultural activities conducted after January 1, 1993, shall maintain a minimum 10-foot
vegetated setback or equivalent control as determined by SWCC along all perennial
waters indicated on more recent versions of USGS 1:24,000 (7.5 minute) topographic
maps or as determined by Randolph County studies.
2
Deemed permitted, as defined in 15A NCAC 02T .0103 and permitted under 15A NCAC
2H .0217.
3
Where no other practical alternative exists.
4
Not allowed if activity(ies) has/hurt human health.
5
NPS pollution shall not have an adverse impact, as defined in 15A NCAC 02H .1002,
and use as a water supply or any other designated use.
6
See density requirements in 15A NCAC 02B .0624.
7
See different allowed and not allowed in this table.
8
Permitted pursuant to 15A NCAC 02B .0104.
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9
Subject to Forest Practice Guidelines Related to Water Quality (02 NCAC 60C .0100 to
.0209) effective April 1, 2018.
805:W ATERSHED A REAS:D ENSITY AND B UILT-U PON L IMITS
A.P ROJECT D ENSITY
The following maximum allowable project densities and minimum lot sizes
shall apply to a project according to the classification of the water supply
watershed where it is located, its relative location in the watershed, its
project density, and the type of development:
DENSITY AND BUILT-UPON LIMITS
Maximum Allowable Project Density or
Minimum Lot Size
Water Supply Location in the
ClassificationWatershed
High-Density
Low-Density Development
Development
Not Applicable: Watershed shall remain underdeveloped except for
the following uses when they cannot be avoided: power
transmission lines, restricted access roads, and structures
WS-I
associated with water withdrawal, treatment, and distribution of the
WS-1 Water. Built-upon area shall be designed and located to
minimize stormwater runoff impact on receiving waters.
One dwelling
Critical Areaunit per 80,000 Six percentSix percent
sq. ft.
WS-II
One dwelling
Balance of Twelve
unit per 40,000 Twelve percent
Watershedpercent
sq. ft.
One dwelling
Twelve
Critical Areaunit per 80,000 Twelve percent
percent
sq. ft.
WS-III
One dwelling
Balance of Twenty-four Twenty-four
unit per 40,000
Watershedpercentpercent
sq. ft.
One dwelling
CriticalProtected Twelve
unit per 40,000 Twelve percent
Areapercent
sq. ft.
WS-IV
One dwelling
Protected
unit per 80,000 Six percentSix percent
Critical Area
sq. ft.
WS-VNot Applicable
Table 23: Density and Built-Upon Limits
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806:C ALCULATION OF P ROJECT D ENSITY
The following requirements shall apply to the calculation of project density.
1.Project density shall be calculated as the total built-upon area divided by
the total project area.
2.A project with existing development, as that term is defined in the
Ordinance, may use the calculation method in Sub-item (1) of this item or
may calculate project density as the difference of total built-upon area minus
existing built-upon area divided bythe difference of total project area minus
existing built-upon area.
3.Expansions to existing development shall be subject to 15A NCAC 02B
.0624 except as excluded in 15A NCAC 02B .0622 (1) (d).
4.Where there is a net increase of built-upon area, only the area of the net
increase shall be subject to 15A NCAC 02B .0624.
5.Where existing development is being replaced with a new built-upon area,
and there is a net increase of built-upon area, only the area of the net
increase shall be subject to 15A NCAC 02B .0624.
6.The total project area shall exclude the following:
a.Areas below the normal high-water line (NHWL); and
b.Areas defined as coastal wetlandsaccording to 15A NCAC
07H .0205, herein incorporated by reference, including
subsequent amendments and editions, and available at no
cost at http://reports.oah.state.nc.us/ncac/, as measured
landward from the NWHL.
7.Projects under a common plan of development shall be considered as a
single project for purposes of density calculation except that on a case-by-
case basis, Randolph County may allow projects to be considered to have
both high and low-density areas based on one or more of the following
criteria:
a.Natural drainage area boundaries;
b.Variations in land use throughout the project; or
c.Construction phasing.
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L OW-D ENSITY P ROJECTS:
In addition to complying with the project density requirements of this Ordinance, low-
density projects shall comply with the following:
1.Stormwater runoff from the project shall be released to vegetative areas as
dispersed flow or transported by vegetated conveyances to the maximum
extent practicable. In determining whether these criteria have been met,
Randolph County shall consider site-specific factors such as topography
and site layout as well as protection of water quality. Vegetated
conveyances shall be maintained in perpetuity to ensure that they function
as designed. Vegetated conveyances that meet the following criteria shall
be deemed to satisfy the requirements of this sub-item:
a.Side slopes shall be no steeper than 3:1 (horizontal to vertical)
unless it is demonstrated to Randolph County that the soils
and vegetation will remain stable in perpetuity based on
engineering calculations and on-site soil investigation; and
b.The conveyance shall be designed so that it does not erode
during the peak flow from the ten-year storm event as
demonstrated by engineering calculations.
2.In place of vegetated conveyances, low-density projects shall have the
option to use curb and gutters with outlets to convey stormwater to grassed
swales or vegetated areas. Requirements for these curb outlet systems
shall be as follows:
a.The curb outlets shall be located such that the swale of a
vegetated area can carry the peak flow from the ten-year
storm at a non-erosive velocity;
b.The longitudinal slope of the swale or vegetated area shall not
exceed five percent except where not practical due to physical
constraints. In these cases, devices to slow the rate of runoff
and encourage infiltration to reduce pollutant delivery shall be
provided;
c.-section shall be trapezoidal with a
minimum bottom width of two feet;
d.The side slopes of the swale or vegetated area shall be no
steeper than 3:1 (horizontal to vertical);
e.The minimum length of the swale or vegetated area shall be
one hundred feet; and
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f.Low-density projects may use treatment swales designed
under 15A NCAC 02H .1016 instead of the requirements
specified in sub-items (a) through (e) above.
O PTIONS FOR I MPLEMENTING P ROJECT D ENSITY:
Randolph County has the following options in place of or in addition to the requirements
of the above sections as appropriate.
1.Randolph County may allow only low-density development in the water
supply watershed areas under this Ordinance.
2.Randolph County may regulate low-density single-family detached
residential development using the minimum lot size requirements, dwelling
unit per acre requirements, built-upon area percentages, or some
combinations of these.
3.Outside of WS-I watersheds and the critical areas of WS-II, WS-III, and WS-
IV watersheds, Randolph County may regulate new development under the
10/70 Optionunder the following requirements:
a.A maximum of ten percent of the land area of a water supply
watershed outside of the critical area and within Randolph
developed with new
development projects and expansions of an existing
development of up to seventy percent built-upon area.
b.In the water supply watershed classified on or before August
3, 1992, the beginning amount of acreage available under this
delineated on July 1, 1993. In water supply watersheds
classified after August 3, 1992, the beginning amount of
acreage available under this option shall be based on
water supply watershed classification became effective. The
average within the critical area shall not be counted under the
10/70 Optionacreage;
c.Projects that are covered under the 10/70 Optionshall comply
with the low-density requirements outlined in the Low-Density
Project above;
d.The maximum built-upon area allowed on any given new
development project shall be seventy percent;
e.Randolph County having jurisdiction within a designated
water supply watershed may transfer, in whole or in part, its
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right to the 10/70land area to another local government within
the same water supply watershed upon submittal of a joint
resolution and approval by the Environmental Management
Commission; and
f.When the water supply watershed is composed of public
lands, such as National Forest land, Randolph County may
count the public land acreage within the watershed outside of
the critical area in calculating the acreage allowed under this
provision.
4.New development shall meet the development requirements on a project-
by-project basis except Randolph County may submit ordinances that use
density or built-
watershed jurisdiction instead of on a project-by-project basis within the
watershed. Before approval of the ordinance, Randolph County shall
demonstrate to the Environmental Management Commission that the
provisions as averaged meet or exceed the statewide minimum
requirements and that a mechanism exists to ensure the planned
jurisdiction within the watershed.
5.Randolph County may administer oversight of future development activities
in single-family detached residential developments that exceed the
applicable low-density requirements by tracking dwelling units rather than
percentage built-upon area, as long as the SCM is sized to capture and treat
runoff from (i) all pervious and built-upon surfaces shown on the
development plan and (ii) any off-site drainage from pervious and built-upon
surfaces, and when an additional safety factor of fifteen percent of the built-
upon area of the project site if figured in.
807:D ENSITY A VERAGING
An applicant may average development density on up to two noncontiguous properties
for purposes of achieving compliance with the water supply watershed development
standards if all the following circumstances exist:
1.The properties are within the same water supply watershed. If one of the
properties is in the critical area of the watershed, the critical area property
shall not be developed beyond the applicable density requirements for its
classification.
2.Overall project density meets applicable density or stormwater control
requirements under 15A NCAC 2N .0200.
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3.Vegetated setbacks on both properties meet the minimum statewide water
supply watershed protection requirements.
4.Built-upon areas are designed and located to minimize stormwater runoff
impact on the receiving waters, minimize concentrated stormwater flow,
maximize the use of sheet flow through vegetated areas, and maximize the
flow length through vegetated areas.
5.Areas of concentrated density development are in upland areas and, to the
maximum extent practicable, away from surface waters and drainage ways.
6.The property or portions of the properties that are not being developed will
remain in a vegetated or natural state and will be managed by a
County as a park or greenway, or placed under a permanent conservation
or farmland preservation easement unless it can be demonstrated that
Randolph County can ensure long-term compliance through deed
restrictions and an electronic permitting mechanism. A metes and bounds
description of the area to remain vegetated and limits on use shall be
individual deed and shall be irrevocable.
7.Development permitted under density averaging and meeting applicable
low-density requirements shall transport stormwater runoff by vegetated
conveyances to the maximum extent practicable.
8.A Special Use Permit or other such permit or certificate shall be obtained
from the Randolph County Watershed Review Board or the Randolph
County Zoning Board of Adjustment to ensure that both properties
considered together meet the standards of this Ordinance and that potential
owners have a record of how the watershed regulations were applied to the
properties.
808:C LUSTER D EVELOPMENT
Cluster development is allowed in all Watershed Areas, except WS-I, under the following
conditions:
1.Minimum lot sizes do not apply to single-family cluster development
projects; however, the total number of lots shall not exceed the number of
lots allowed for single-family detached developments as outlined in Section
805. The density or built-upon area for the project shall not exceed that
allowed for the critical area or protected area, whichever applies.
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2.All built-upon areas shall be designed and located to minimize stormwater
runoff impact on the receiving waters and minimize concentrated
stormwater flow, maximize the use of sheet flow through vegetated areas,
and maximize the flow length through vegetated areas.
3.Areas of concentrated density development shall be located in upland areas
and as far as practicable from surface waters and drainage ways.
4.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
for preservation in a permanent easement.
5.Cluster developments that meet the applicable low-density requirements
shall transport stormwater runoff by vegetated conveyances to the
maximum extent practicable.
809:V EGETATED S ETBACKS R EQUIRED
A minimum one-hundred-foot vegetative buffer (fifty feet on each side of perennial water)
isrequired for all new development activities along all perennial waters indicated on the
most recent versions of the USGS 1:24,000 (7.5 minute) scale topographic maps or as
determined by Randolph County studies. Desirable artificial streambank or shoreline
stabilization is permitted.
Where USGS topographic maps do not distinguish between perennial and intermittent
streams, an on-site stream determination may be performed by an individual qualified to
perform such stream determinations.
No new development is allowed in the buffer except for water-dependent structures, other
structures such as flag poles, signs, and security lights which result in only diminutive
increases in impervious areas, and public projectssuch 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
stormwater Best Management Practices. Any such development must obtain aSpecial
Use Permit from the Randolph County Watershed Review Board.
810:A PPLICATION OF R EGULATIONS
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.
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No area required for complying with the provisions of this Ordinance shall be included in
the area required for another building.
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 in Section
809.
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.
811:R ULES G OVERNING THE I NTERPRETATION OF W ATERSHED
A REA B OUNDARIES
Where uncertainty exists as to the boundary of the watershed areas, as shown on the
Watershed Protection Map of Randolph County, North Carolina,the following rules shall
apply.
A.Where boundaries are indicated as approximately following either a street,
alley, railroad, or highway lines or centerlines thereof, such lines shall be
construed to be said boundaries.
B.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
Randolph County as evidence that one or more properties along these
boundaries do not lie within the watershed area.
C.Where the watershed area boundaries lie at a scaled distance more than
twenty-five feet from any parallel lot line, the location of the watershed area
boundaries shall be determined by use of the scale appearing on the
watershed map. Any ambiguities shouldbe resolved in favor of locating the
built-upon surface area in the least environmentally sensitive area of the
project.
D.Where the watershed area boundaries lie at a scaled distance of twenty-
five feet or less from any parallel lot line, the location of the watershed area
boundaries shall be construed to be the lot line.
E.Where another uncertainty exists, the Watershed Administrator shall
interpret the watershed map as to the location of such boundaries. This
decision may be appealed to the Watershed Review Board.
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812:E XISTING D EVELOPMENT
Existing development as defined in this Ordinance, may be continued and maintained
subject to the provisions provided herein. Expansions to structures classified as existing
development must meet the requirements of this Ordinance, however, the built-upon area
of the existing development is not required to be included in the built-upon area
calculations. Please see Section 806, Calculation of Project Density. This section deals
with all existing development as defined in the North Carolina Environmental
Management Commission rules. All existing development, whether or not it meets the
statewide minimum standards, is exempt from the provisions of this Ordinance.
A.U SES OF L AND
This category consists of uses existing at the time of adoption of this
Ordinance where such use of the land would not permitted if it were a new
development. Such uses may be continued except as follows.
(1)Such use of land has been changed only to an allowed use.
(2)Such use of land shall be changed only to an allowed use, it
shall not thereafter revert to any prohibited use.
(3)When such use ceases for at least one year, it shall not be re-
established.
B.R ECONSTRUCTION OF B UILDINGS OR B UILT-U PON A REAS
Any existing building or built-upon area not in conformance with the
restrictions of this Ordinance that has been damaged or removed may be
repaired and/or reconstructed, except that there are no restrictions on
single-family residential development, provided:
(1)Repair or reconstruction is initiated within twelve months and
completed within two years of such damage.
(2)The total amount of space devoted to the built-upon area may
not be increased unless stormwater control that equals or
exceeds the previous development is provided.
813:W ATERSHED P ROTECTION P ERMIT
Except where a single family residence is constructed on a lot deeded before the effective
date of this Ordinance or for single-family development (even if there is a net increase in
the built-upon area or if stormwater controls are not equal to that of previous single-family
residential development.Except for a single-family residential development, no building
on a built-upon area shall be erected, moved, enlarged, or structurally altered, nor shall
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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 Watershed
Administrator. No Watershed Protection Permit shall be issued except in conformity with
the provisions of this Ordinance.
Watershed Protection Permit applications shall be filed with the Watershed Administrator.
The application shall include a completed application form and supporting documentation
deemed necessary by the Watershed Administrator.
Before issuance of a Watershed Protection Permit, the Watershed Administrator may
consult with qualified personnel for assistance to determine if the application meets the
requirements of this Ordinance.
A Watershed Protection Permit shall expire if a Building Permit or Watershed Occupancy
Permit for such use is not obtained by the application within twelve months from the date
of issuance.
814:B UILDING P ERMIT R EQUIRED
No permit required under the North Carolina State Building Code shall be issued for any
activity for which a Watershed Protection Permit is required until that permit has been
issued.
815:W ATERSHED P ROTECTION O CCUPANCY P ERMIT
The Watershed Administrator shall issue a Watershed Protection Occupancy Permit
certifying that all requirements of this Ordinance have been met before the occupancy or
use of a building hereafter erected, altered, or moved and/or before the change of use of
any building or land.
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 ten business days after the erection or structural alterations of
the building. The applicant should notify the Watershed Administrator and request the
issued Watershed Occupancy Permit when the building is complete.
When only a change in the use of land or existing building occurs, the Watershed
Administrator shall issue a Watershed Protection Occupancy Permit certifying that all
requirements of this Ordinance have been met coincident with the Watershed Protection
Permit.
If the Watershed Protection Occupancy Permit is denied, the Watershed Administrator
shall notify the applicant in writing stating the reasons for the denial.
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No building or structure that has been erected, moved, or structurally altered may be
occupied until the Watershed Administrator has approved and issued a Watershed
Protection Occupancy Permit.
816:P UBLIC H EALTH,I N G ENERAL
No activity, situation, structure, or land use shall be allowed within the watershed that
poses a threat to water quality and public health, safety, and welfare.
817:A BATEMENT
The Watershed Administrator shall monitor land use activities within the watershed areas
to identify situations that may pose a threat to water quality.
The Watershed Administrator shall report all findings to the Watershed Review Board.
The Watershed Administrator may consult with any public agency or official and request
recommendations. The Watershed Administrator may also coordinate with local
inspection departments since Randolph County can abate most threatening nuisances.
Where the Watershed Review Board finds a threat to water quality and the public health,
safety, and welfare, the Board shall institute any appropriate action or proceeding to
restrain, correct, or abate the condition and/or violation.
818:W ATERSHED A DMINISTRATOR AND D UTIES
The Randolph County Planning Director is hereby appointed the Watershed
Administrator, who shall be duly sworn in. It shall be the duty of the Watershed
Administrator to administer and enforce the provisions of this Ordinance as follows.
A.The Watershed Administrator 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 of the Administrator.
B.The Watershed Administrator shall serve as Clerk to the Watershed Review
Board.
C.The Watershed Administrator is granted the authority to administer and
enforce the provisions of this Ordinance, exercising in the fulfillment of his
responsibility the full police power of Randolph County. The Watershed
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Administrator, or his duly authorized representative, may enter any building,
structure, or premises, as provided by law, to perform any duty imposed
upon him by the Ordinance.
D.The Watershed Administrator shall keep records of all amendments to the
local Water Supply Watershed Protection Ordinance and shall provide
copies of all amendments upon adoption to the Stormwater Branch of the
Division of Energy, Mineral, and Land Resources.
E.
the provision that a maximum of ten percent of the non-critical area of WS-
II, WS-III watersheds, and WS-IV watersheds may be developed with new
development at a maximum of seventypercent built-upon surface areas.
Records for each watershed shall include the total acres of non-critical
watershed area, total acres eligible to be developed under this option, total
acres approved for this development option, and individual records foreach
project with the following information: location, number of developed acres,
type of land use, and stormwater management plan if applicable.
F.The Watershed Administrator shall keep a record of variances to the local
Water Supply Watershed Protection Ordinance.
G.The Watershed Administrator is responsible for ensuring the Stormwater
Control Measures are inspected at least once a year and shall keep a record
of SCM inspections.
819:A PPEAL FOR THE W ATERSHED A DMINISTRATOR
Any order, requirement, decision, or determination made by the Watershed Administrator
may be appealed to and decided by the Watershed Review Board.
An appeal from a decision of the Watershed Administrator must be submitted to the
Watershed Review Board within thirty days from the date of the order, interpretation,
decision, or determination is made. All appeals must be made in writing stating the reason
for the appeal. Following submission of an appeal, the Watershed Administrator shall
transmit to the Board all papers constituting the record upon which the action appealed
was taken.
An appeal stays all proceedings in furtherance of the action appealed unless the officer
from whom the appeal is taken certifies to the Board after the notice of appeal has been
filed with him, that by reasons of facts stated in the certificate of approvalfor recording, a
stay would in his opinion cause imminent peril to life or property. In such case,
proceedings shall not be stayed otherwise than by a restraining order which may be
granted by the Board or by a court of record on the application of notice of the officer from
whom the appeal is taken and upon due cause shown.
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All appeals of the Watershed Administrator decisions shall follow the procedures of
administrative appeals in NCGS § 160D-405.
820:C HANGES AND A MENDMENTS TO THE W ATERSHED P ROTECTION
O RDINANCE
The Randolph County Board of Commissioners may, on its own motion or on a petition,
after public notice and hearing, amend, supplement, change, or modify the watershed
regulations and restrictions as described herein.
No action shall be taken until the proposal has been submitted to the Watershed Review
Board for review and recommendations. If no recommendation has been received from
the Watershed Review Board within forty-five days after submission of the proposal to the
Chairman of the Watershed Review Board, the Randolph County Board of
Commissioners may proceed as though a favorable report has been received.
Under no circumstances shall the Randolph County Board of Commissioners adopt such
amendments, supplements, or changes that would cause this Ordinance to violate the
watershed protection rules as adopted by the North Carolina Environmental Management
Commission. All amendments must be filed with the North Carolina Division Energy,
Mineral, and Land Resources.
821:P UBLIC N OTICE AND H EARING R EQUIRED
Before adopting or amending this Ordinance, the Randolph County Board of
Commissioners shall hold a public hearing on the proposed changes. A notice of the
public hearing shall be given once a week for two successive calendar weeks in a
newspaper having general circulation in the area. The notice shall be published for the
first time not less than ten nor more than twenty-five days before the date for the hearing.
822:E STABLISHMENT OF W ATERSHED R EVIEW B OARD
The Randolph County Zoning Board of Adjustment is hereby appointed as the Watershed
Review Board. The members of the Watershed Review Board shall be appointed as
outlined in Article 300 of the Randolph County Unified Development Ordinance.
823:R ULES OF C ONDUCT FOR M EMBERS
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Members of the Watershed Review Board may be removed by the Randolph County
Board of Commissioners for cause, including violation of the rules stated below.
A.Faithful attendance at meetings of the Watershed Review Board and
conscientious performance of the duties required by members of the
Watershed Review Board shall be considered a prerequisite to continuing
membership on the Watershed Review Board.
2.No Watershed Review Board members shall take part in the hearing,
consideration, or determination of any case in which he is personally or
financially interested. A Watershed Review Board member shall have a
n the case will (i) cause him
or his spouse to experience a direct financial benefit or loss, or (ii) will cause
a business in which he or his spouse owns a ten percent or greater interest,
or is involved in a decision-making role, to experience a direct financial
benefit or loss. A Watershed Review Board member shall have a personal
interestin a case when it involves a member of his immediate family (ex.
parent, spouse, or child.) The intent is to prohibit members of the Watershed
Review Board from acting in situations where they have a conflict of interest
like the prohibition in NCGS § 14-234 (c) (1). Please also see NCGS §
160D-109 for standards for conflicts of interest for Randolph County
development decisions.
3.No Watershed Review Board member shall discuss the substance of any
appeal or other quasi-judicial case with any parties thereto before the public
hearing on that case; provided, however, that members may receive and/or
seek information about the case from the Watershed Administrator or any
other member of the Watershed Review Board, or its secretary before the
hearing.
4.Members of the Watershed Review Board shall not express individual
opinions on the proper judgment of any case before its determination on
that case, and shall not form a fixed opinion on the case before the hearing
on that case.
5.Members of the Watershed Review Board shall give notice to the Chairman
at least forty-eight hours before the meeting of any potential conflict of
interest in which he has a particular case before the Watershed Review
Board.
a.No Watershed Review Board member shall vote on any matter that decides
an application or appeal unless he has attended the public meeting or
watched a recording of the meeting on that application or appeal.
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824:P OWERSAND D UTIES OF THE W ATERSHED R EVIEW B OARD
A.A DMINISTRATIVE R EVIEW
The Watershed Review Board shall hear and decide appeals from any
decision or determination made by the Watershed Administrator in the
enforcement of this Ordinance.
B.V ARIANCES
The Watershed Review Board shall have the power to authorize, in specific
cases, minor variances from the terms of this Ordinance, and may review
major variance requests and make recommendations to the North Carolina
Environmental Management Commission regarding the same. In addition,
Randolph County shall notify and allow a reasonable comment period for
all other local governments having jurisdiction in the designated watershed
where the variance is being considered.
(1)Application for a variance shall be made on the proper form
obtainable from the Watershed Administrator and shall
include the following information:
(a)A site plan is drawn to a scale of at least one
inch to forty feet, indicating the property lines of
the parcel upon which the use is proposed; any
existing or proposed structures; parking areas
and other built-upon areas; and surface water
drainage. The site plan shall be neatly drawn
and indicate the north point, name and address
of the person who prepared the plan, date of the
original drawing, and an accurate record of any
later revisions.
(b)A complete and detailed description of the
proposed variance, together with any other
pertinent information that the applicant feels
would be helpful to the Watershed Review
Board in considering the application.
(c)Evidence or proposed witness testimony that
tends to support a finding that each of the
factors listed in subsection three below are met.
(2)The Watershed Administrator shall notify in writing each local
government having jurisdiction in the watershed and the entity
using the water supply for consumption. Such notice shall
include a description of the variance being requested. Local
governmentsreceiving notice of the variance request may
submit comments to the Watershed Administrator before a
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decision by the Watershed Review Board. Such comments
shall become a part of the record of proceedings of the
Watershed Review Board.
(3)Before the Watershed Review Board may grant a variance, it
shall make the following three findings, which shall be
recorded on the permanent records of the case, and shall
include the factual reasons on which they are based:
(a)There are practical difficulties or unnecessary
hardships in the ways of carrying out the strict
letter of the Ordinance. To determine that there
are practical difficulties or unnecessary
hardships, the Board must find the five following
conditions exist:
(i)If he complies with the provisions
of the Ordinance, the applicant
can secure no reasonable return
from, nor make reasonable use of,
his property. Merely providing that
the variance would permit a
greater profit to be made from the
property will notbe considered
adequate to justify the Board in
granting a variance. Moreover, the
Board shall consider whether the
variance is the minimum possible
deviation from the terms of the
Ordinance that will make possible
the reasonable use of his
property.
(ii)The hardship results from the
application of the Ordinance to the
property rather than from other
factors such as deed restrictions
or other hardships.
(iii)The hardship is due to the
property, such as its size, shape,
or topography, which is different
from that of neighboring property.
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(iv)The hardship is not the result of
the actions of an applicant who
knowingly or unknowingly violated
the Ordinance, or who purchases
the property after the effective
date of the Ordinance, and then
comes to the Board for relief.
(v)The hardship is peculiar to the
the result of widespread
conditions. If other properties are
equally subject to the hardship
created by the restriction, then
granting a variance would be a
special privilege denied to others
and would not promote equal
justice.
(b)The variance is in harmony with the general
purpose and intent of the Ordinance and
preserves its spirit.
(c)In the granting of the variance, public safety and
welfare have been assured and substantial
justice has been done. The Board shall not grant
a variance if it finds that doing so would in any
respect impair the public health, safety, or
general welfare.
(4)In granting the variance, the Board may attach thereto such
conditions regarding the location, character, and other
features of the proposed building, structure, or use that relate
to the purpose and standards of this Ordinance. If a variance
for the construction, alteration, or use of the property is
granted, such construction, alteration, or use shall be per the
approved site plan.
(5)The Watershed Review Board shall refuse to hear an appeal
or an application for a variance previously denied if it finds that
there have been no substantial changes in conditions or
circumstances bearing on the appeal or application.
(6)A variance issued under this section shall be considered a
Watershed Protection Permit and shall expire if a building
permit or Watershed Occupancy Permit for such use is not
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obtained by the applicant within six months from the date of
the decision.
(7)Ifthe application calls for the granting of a major variance, and
if the Watershed Review Board decides in favor of granting
the variance, the Watershed Review Board shall prepare a
preliminary record of the hearing with all deliberate speed.
The preliminaryrecord of the hearing shall include:
(a)The variance application;
(b)The hearing notices;
(c)The evidence presented;
(d)Motions, offers of proof, objections to evidence,
and rulings on them;
(e)Proposed findings and exceptions;
(f)The proposed decision, including all conditions
proposed to be added to the permit.
The preliminary record shall be sent to the Environmental Management
Commission for its review.
C.S UBDIVISION A PPROVAL
See Article 800, Section 802.
D.P UBLIC H EALTH
See Article 800, Sections 816 and 817.
E.A PPROVAL OF ALL DEVELOPMENT GREATER THAN THE LOW-DENSITY OPTION.
825:A PPEALS FROM THE W ATERSHED R EVIEW B OARD
Appeals from the Watershed Review Board must be filed with the Superior Court within
thirty days from the date of the decision. The decision by the Superior Court will be in the
manner of certiorari.
826:R ANDLEMAN L AKE W ATERSHED R IPARIAN B UFFERS
Under 15A NCAC 02B .0724 (the Rule), the protection of the pollutant removal and other
water quality services provided by riparian buffers throughout the watershed is an
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important element of the overall Randleman Lake water supply pollutant strategy. The
following is the management strategy for maintaining and protecting riparian areas in the
Randleman Lake Watershed.
A.P URPOSE
The purposes of this rule shall be for local governments listed in the Rule,
and in certain cases stated in this Rule the Division, to maintain and protect
existing riparian buffers throughout the Randleman Lake Watershed as
generally described in this Rule, to maintain their nutrient removal and
stream protection functions. Additionally, this Rule will help protect the water
supply uses of Randleman Lake and designated water supplies throughout
the Randleman Lake Watershed. Terms used in this Rule shall bedefined
in Rule .0610 of 15A NCAC 02B.
B.A PPLICABILITY
This Rule shall apply to landowners and other persons including Randolph
County, State, and federal entities conducting activities within the riparian
buffers as described in Item (C)of this Rule in the Randleman Lake
Watershed.
C.B UFFERS P ROTECTED
The following minimum criteria shall be used for identifying regulated
riparian buffers:
(1)Surface water shall be subject to this Rule if the feature is
approximately shown on any of the following references, or if
there is other site-specific evidence that indicates to the
Authority the presence of waters not shown on any of these
references:
(a)
Map, available online at
https://www.usgs.gov/core-science-
systems/national-geospatial-program/national-
map;
(b)The most recent version of the published
manuscript of the soil survey map that shows
stream layers prepared by the Natural Resource
Conservation Service of the United States
Department of Agriculture; or
(c)Other maps approved by the North Carolina
Environmental Management Commission as
more accurate than those identified in Sub-item
(C) (1) (a) and (C) (1) (b) of the Rule. Other
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maps shall use a hydrography dataset
developed using hydrography specifications
and standard metadata approved by the
Geographic Information Coordinating Council
(GICC) and maintained on a GICC list of the
best available hydrography. Edits, deletions,
andadditions to the hydrography dataset shall
follow GICC-approved standards and
specifications, per stewardship governance.
Other maps shall have their hydrography
dataset and procedures for edits, deletions,and
additions reviewed and approved by the GICC.
Other maps shall be submitted to the Division
for review and recommendation to the North
Carolina Environmental Management
Commission. Beforerecommendation to the
North Carolina Environmental Management
Commission, the Division shall issue a thirty-day
under15A NCAC 02H .0503. Division staff shall
present recommendations including comments
received during the public notice period to the
North Carolina Environmental Management
Commission for a final decision. Maps approved
under this sub-item shall not apply to projects
that are existing and ongoing within the meaning
of this Rule as set out in Item (F)of this Rule;
(2)This Rule shall apply to activities conducted within fifty-foot-
wide riparian buffers directly adjacent to surface waters in the
Randleman Lake Watershed (e.g., intermittent, and perennial
streams, lakes, reservoirs, and ponds) excluding wetlands;
(3)Wetlands adjacent to surface waters or within fifty feet of
surface waters shall be considered as part of the riparian
buffer but are regulated under 15A NCAC 02H .0506;
(4)Stormwater runoff from activities conducted outside the
riparian buffer shall comply with Item (I)of this Rule;
(5)Riparian buffers protected by this Rule shall be measured
under Item (H)of this Rule;
(6)A riparian buffer may be exempt from this Rule as described
in Items (E), (F),and (G)of this Rule; and
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(7)No new clearing, grading, or development shall take place,
nor shall any new building permits be issued in violation of this
Rule.
D.O N-S ITE D ETERMINATION
When a landowner or other affected part believes that the maps listed in
Sub-Item (C) (1)of this Rule have inaccurately depicted surface waters or
the specific origination point of a stream, or the specific origination point of
the steam is in question or unclear, he or she shall request the Authority to
make an on-site determination. On-sitedeterminations shall be made by
Authority staff that is certified under NCGS 143-214.25A. Registered
Foresters under Chapter 98B of the General Statutes who are employees
of the North Carolina Forest Service of the Department of Agriculture and
Consumer Services can make on-site determinations for forest harvesting
operations and practices. Randolph County may accept the results of an
on-site determination made by other parties who have completed the
successor, or other equivalent training curriculum approved by the Division.
On-site determinations shall expire five years from the date of the
determination. Any disputes over on-site determinations shall be referred to
the Director in writing within sixty calendar days of written notification from
in NCGS 150B Articles 3 and 4.
E.E XEMPTION B ASED O N O N-S ITE D ETERMINATION
Surface waters that appear on the maps listed in Sub-Item (C) (1)of this
Rule shall not be subject to this Rule if an on-site determination shows that
they fall into one of the following categories:
(1)Ditches and manmade conveyances including manmade
stormwater conveyances, other than modified natural streams
unless the ditch or manmade conveyance delivers untreated
stormwater runoff from an adjacent source directly to an
intermittent or perennial stream;
(2)The absence on the ground of a corresponding perennial
waterbody, intermittent water body, lake, reservoir, or pond;
(3)Ephemeral streams; and
(4)Manmade ponds and lakes that are not fed by an intermittent
or perennial stream or do not have a direct discharge point to
an intermittent or perineal stream.
F.E XEMPTION W HEN E XISTING U SES A RE P RESENT A ND O NGOING
This Rule shall not apply to portions of the riparian buffer where its use is
existing and is ongoing.
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(1)The use shall be considered existing and ongoing if:
(a)It was present within the riparian buffer as of the
effective date of the local ordinance or
ordinances enforcing this Rule and has
continued to exist since that time. For activities
listed in Sub-Item (L) (2)of this Rule, the use
shall be considered existing and ongoing if it
was present within the riparian buffer as of April
1, 1999, and has continued to exist since that
time;
(b)It was a deemed allowable activity as listed in
Item (K)of this Rule; or
(c)It was conducted and maintained according to
an Authorization Certificate or Variance issued
by the Authority; or
(d)The project or proposed development is
determined by the Authority to meet at least one
of the following criteria:
(i)The project requires a 401
Certification/404 Permit, and
these were issued before the
effective date of the local
ordinance or ordinances enforcing
this Rule, or for activities listed in
Sub-Item (L) (2)of this Rule,
before April 1, 1991, and are still
valid; or
(ii)Projects that require a State
permit, such as landfills, NPDES
wastewater discharges, land
application of residuals, and road
construction activities, and have
begun construction or are under
contract to begin construction,
and have received all required
State permits and certifications
before the effective date of the
local ordinance or ordinances
implementing this Rule, or for
activities listed in Sub-Item (L) (2)
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of this Rule, before April 1, 1999;
or
(iii)Projects that are being reviewed
through the Clean Water Act
Section 404/National
Environmental Policy Act Merge
01 Process (published by the US
Army Corps of Engineers and
Federal Highway Administration,
2003) or its immediate successor
andthat have reached an
agreement with the Department
on avoidance and minimization
before April 1, 1999; or
(iv)Projects that are not required to be
reviewed by the Clean Water Act
Section 404/National
Environmental Policy Act Merge
01 Process (published by the US
Army Corps of Engineers and
Federal Highway Administration,
2003) or its immediate successor
if a Finding of No Significant
Impact has been issued for the
project and the project has the
written approval of the Division
before April 1, 1999.
(2)Existing and ongoing uses shall include, but not be limited to,
agriculture, buildings, industrial facilities, commercial areas,
transportation facilities, maintained lawns (e.g., can be
mowed without a chainsaw or bush-hog), existing utility line
maintenance corridors, and on-site sanitary sewage systems,
any of which involve either specific, periodic management of
vegetation or displacement of vegetation by structures or
regular activity.
(3)Only the portion of the riparian buffer that contains the
footprint of the existingand ongoing use is exempt from this
Rule.
(4)Change of ownership through purchase or inheritance is not
a change of use.
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(5)Activities necessary to maintain existing and ongoing uses are
allowed provided that the site remains similarly vegetated, no
built-upon area is added within the riparian buffer where it did
not previously exist before the effective date of the local
ordinance or ordinances enforcing this Rule, or for activities
listed in Sub-Item (L) (2)beforeApril 1, 1999, and the site
complies with Item(I)of this Rule.
(6)This Rule shall apply at the time an existing and ongoing use
is changed to another use. Change of use shall involve the
initiation of any activity not defined as existing and ongoing in
Sub-Items (F) (5)of this Rule.
G.E XEMPTION F OR P ONDS C ONSTRUCTED A ND U SED F OR A GRICULTURAL
P URPOSES
This Rule shall not apply to a freshwater pond if all the following conditions
are met:
(1)The property on which the pond is located is used for
agriculture as that term is defined in NCGS § 160-581.1;
(2)Except for this Rule, the use of the property complies with all
other water quality and water quantity statutes and rules
applicable to the property before April 1, 1999; and
(3)The pond is not a component of an animal waste management
system as defined in NCGS § 143-215.10B (3).
H.Z ONES O F T HE R IPARIAN B UFFER
The protected riparian buffer shall have two zones as follows:
(1)Zone 1shall consist of a vegetated area that is undisturbed
except for uses provided for in Items (I) and (L)of this Rule.
The location of Zone 1shall be as follows:
(a)For intermittent and perennial streams, Zone I
shall begin at the most landward limit of the top
of the bank or the rooted herbaceous vegetation
and extend landward a distance of thirty feet on
all sides of the stream. Where an intermittent or
perennial stream begins or ends, including
when it goes underground, enters, or exits a
culvert, or enters or exits a wetland, the required
distance shall be measured as a radius around
the beginning or the end; and
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(b)For ponds, lakes,and reservoirs subject to this
Rule, Zone 1shall begin at the normal water
level and extend landward to thirty feet,
measured horizontally on a line perpendicular to
the surface water.
(2)Zone 2shall consist of a stable, vegetated area that is
undisturbed except for uses provided for in Items (I)and (L)
of this Rule. Grading and revegetating Zone 2is allowed
provided that the height of the vegetation in Zone 1is not
compromised. Zone 2shall begin at the edge of Zone 1 and
extend landward twenty feet as measured horizontally on a
line perpendicular to the surface water. The combined width
of Zone 1and Zone 2shall be fifty feet on all sides of the
surface water.
I.S TORMWATER R UNOFF T HROUGH T HE R IPARIAN B UFFER
Stormwater runoff into the riparian buffer shall meet dispersed flow as
defined in 15A NCAC 02H .1002 except as otherwise described in this Item.
Drainage conveyances include drainage ditches, roadside ditches, and
stormwater conveyances. The following stormwater conveyances through
the riparian buffer are either deemed allowable or allowable upon
authorization, as defined in Sub-Item (J) (1)of this Rule, providing that they
do not erode through the riparian buffer that is not listed below shall be
allowable with exception as defined in Sub-Item (J) (5)of this Rule.
(1)The following are deemed allowable as defined in Sub-Item
(J) (1)of this Rule:
(a)New drainage conveyances from a Primary
SCM, as defined in 15A NCAC 02H .1002, when
the Primary SCM is designed to treat the
drainage area to the conveyance and that
comply with a stormwater management plan
reviewed and approved under a State
stormwater program or a State-approved local
government stormwater program; and
(b)New stormwater flow to existing drainage
conveyances provided that the addition of new
flow does not result in the need to alter the
conveyance.
(2)The following are allowable upon authorization as defined in
Sub-Item (J) (3)of this Rule:
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 347
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
(a)New drainage conveyances from a Primary
SCM, as defined in 15A NCAC 02H .1002 when
the Primary SCM is provided to treat the
drainage area to the conveyance but are not
required to be approved under a State
stormwater program or a State-approved local
government program;
(b)New drainage conveyances when the flow rate
of the conveyance is less than 0.50 cubic feet
per second during the peak flow from the 0.75
inches per hour storm;
(c)New stormwater runoff that has been treated
through a level spreader-filter strip that complies
with 15A NCAC 02H .0159;
(d)Realignment of existing roadside drainage
conveyances applicable to publicly funded and
maintained linear transportation facilities when
retaining or improving and design dimensions
provided that no additional travel lanes are
added, and the minimum required roadway
typical section is used based on traffic and
safety considerations;
(e)Realignment of existing drainage conveyances
retaining or improving the design dimensions
provided that the size of the drainage area and
the percent built-upon area within the drainage
area remain the same;
(f)New or altered drainage conveyances
applicable to publicly funded and maintained
linear transportation facilities provided that
SCMs, or BMPs from the NCDOT Stormwater
Best Management Practices Toolbox, are
employed;
(g)New drainage conveyances applicable to
publicly funded and maintained linear
transportation facilities that do not provide a
stormwater management facility due to
topography constraints provided other
measures and employed to protect downstream
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 348
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
water quality to the maximum extent practical;
and;
(h)New drainage conveyances where the drainage
area to the conveyance has no new built-upon
area as defined in 15A NCAC 02H .1002 and
the conveyance is necessary for bypass or
existing drainage only.
J.U SES
Useswithin the riparian buffer, or outside the riparian buffer with
hydrological impacts on the authorization, allowable with mitigation upon
authorization, or prohibited. Potential new uses shall have the following
requirements:
(1)D EEMED A LLOWABLE
Uses designated or deemed allowable in Sub-Item (I) (1)and
Item (K)of this rule may occur within the riparian buffer.
Deemed allowable uses shall be designed, constructed, and
maintained to minimize vegetation and soil disturbance and to
provide the maximum water quality protection practicable,
including construction, monitoring, and maintenance
activities. Also, deemed allowable uses shall meet the
requirements listed in Item (K)of this Rule for the specific use.
(2)A LLOWABLE U PON A UTHORIZATION
Uses designated as allowable upon authorization in Sub-Item
(I) (2)and Item (K)of this Rule require a written Authorization
Certificate from the Authority for impacts within the riparian
buffer if there are no practical alternatives to the requested
use according to Rule .0611 of this Subchapter.
(3)A LLOWABLE W ITH M ITIGATION U PON A UTHORIZATION
Uses designated as allowable with mitigation upon
authorization in Item (K)of this Rule require a written
Authorization Certificate from the Authority for impacts within
the riparian buffer according to Rule .0611 of this Subchapter
and an appropriate mitigation strategy has received written
approval underItem (L)of this rule.
(4)P ROHIBITED
Uses designated as prohibited in Item (K)of this Rule may not
proceed within the riparian buffer unless a Variance is granted
under Rule .0226 of this Subchapter. Mitigation may be
required as a condition of a variance approval.
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 349
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
(5)A LLOWABLE W ITH E XCEPTION
Uses not designated as deemed allowable, allowable under
an authorization, allowable with mitigation under the
authorization, or prohibited in Item (K)of this Rule require a
written Authorization Certificate with Exception from the
Authority for impacts within the riparian buffer according to
Rule .0611 of this Subchapter and an appropriate mitigation
strategy that has received written approval according to Item
(L)of this Rule.
K.T ABLE OF U SES
The following table sets out potential new uses within the riparian buffer, or
outside the riparian buffer with hydrological impacts on the riparian buffer,
and designates them as deemed allowable, allowable upon authorization,
allowable with mitigation upon authorization, or prohibited.
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
Airport facilities:
Airport facilities that impact
equal to or less than one-
third of an acre of riparian
buffer.
Airport facilities that impact
greater thanone-third of an
acre of riparian buffer.
Vegetation removal
activities necessary to
comply with FAA
requirements (e.g., line of
sight requirements) provided
the disturbed areas are
stabilized and revegetated.
Archaeological activities:
Bridges:
Impact equal to or less than
one-tenth of an acre of
riparian buffer.
Impact greater than one-
tenth of an acre of riparian
buffer.
Dam maintenance activities:
Dam maintenance activities
that do not cause additional
riparian buffer disturbances
beyond the footprint of the
existing dam.
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 350
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
Dam maintenance activities
that do cause additional
riparian buffer disturbances
beyond the footprint of the
existing dam.
Drainage of a pondsubject to Item
(D)of this Rule provided that a new
riparian buffer is established by
natural regeneration or planting,
within fifty feet of any stream which
naturally forms or is constructed
within the drained pond area. Drained
ponds shall be allowed to naturalize
for a minimum of six months from
completion of the draining activity
before a stream determination is
conducted under Item (D)of this
Rule.
Fences:
Fencing livestock out of
surface waters.
Installation does not result in
the removal of trees from
Zone 1.
Installation results in the
removal of trees from Zone 1.
Fertilizer application:
One-time fertilizer application
at agronomic rates in the
riparian buffer to establish
replanted vegetation. No
runoff from this one-time
application in the riparian
buffer is allowed in the
surface water.
Ongoing fertilizer application.
Forest harvesting(See Rule .0612
of this Subchapter)
Gradingin only Zone 2provided that
the health of existing vegetation in
Zone 1is not compromised, Item (I)
of this Rule is complied with, and
disturbed areas are stabilized and
revegetated.
Greenways,trails, sidewalks,or
linear pedestrian/bicycle
transportation systems:
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 351
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
InZone 2provided that no
built-upon area is added
within the riparian buffer.
InZone 1provided that no
built-upon area is added
within the riparian buffer and
the installation does not
result in the removal of
tree(s).
When built upon area is
added to the riparian buffer,
equal to or less than ten feet
wide with two-foot-wide
shoulders. Shall be located
outside Zone 1unless there
is no practical alternative.
When built upon area is
added to the riparian buffer,
greater than ten feet wide
with two-foot-wide shoulders.
Shall be located outside
Zone 1unless there is no
practical alternative.
Historic preservation:
New landfillsas defined in NCGS §
130A-290.
Maintenance access of modified
natural streams; a grassed travel
way on one side of the waterbody
when less impacting alternatives are
not practical. The width and
specifications of the travel way shall
be only that needed for equipment
access and operation. The travelway
shall be located to maximize stream
shading.
Mining activities:
Mining activities that are
covered by the Mining Act
provided that new riparian
buffers that meet the
requirements of Items (H)
and(I)of this Rule are
established adjacent to any
relocated channels.
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 352
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
Mining activities that are not
covered by the Mining Act
OR where new riparian
buffers that meet the
requirements of Items (H)
and(I)of this Rule are not
established.
Wastewater or mining
dewatering wells with
approved NPDES permit.
Pedestrian accesstrail and
associated steps leading to surface
water, dock, canoe or kayak access,
fishing pier, boat ramp, or other
water-dependent structure:
Equal to are less than six feet
wide that does not result in
the removal of tree(s) within
the riparian buffer and does
not result in the addition of
built-upon area to the riparian
buffer.
Equal to or less than six feet
wide that results in the
removal of tree(s) or the
addition built upon area to the
riparian buffer.
Greater than six feet wide.
Playground equipment:
Playground equipment on
single-family lots if
installation and use does not
result in the removal of
vegetation.
Playground equipment on
single-family lots where
installation or use results in
the removal of vegetation.
Playground equipment
installed on lands other than
single-family lots.
Ponds created or modifiedby
impounding streams subject to
riparian buffers under Item (C)of this
Rule and not used as stormwater
control measures (SCMs):
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 353
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
New ponds provided that a
riparian buffer that meets the
requirements of Items (H)
and (I) of this Ruleis
established adjacent to the
pond.
New ponds where a riparian
buffer that meets the
requirements of Items (H)
and (I) of this Rule isNOT
established adjacent to the
pond.
Protection of existing structures
and facilitieswhen this requires
additional disturbances of the riparian
buffer.
Public safety or publicly owned
spaceswhere it has been
determined by the head of the local
law enforcement agency with
jurisdiction over that area that the
buffers pose a risk to public safety.
The head of the local law
enforcement agency shall notify
Randolph County with land use
jurisdiction over the publicly owned
space and the Division of Water
Resources of any such determination
in writing.
Removal of previous fill or debrisif
Item(I)of this Rule is complied with
and any vegetation removed is
restored.
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 354
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
Residential properties:Where the
application of this Rule would
preclude the construction of a single-
family residence and necessary
infrastructure, the single-family
residence may encroach in the
riparian buffer if all of the following
conditions are met: (1) the residence
is set back the maximum feasible
distance from the top of the bank,
rooted herbaceous vegetation,
normal high-water level, or normal
water level, whichever is applicable,
on the existing lot; (2) the residence is
designed to minimize encroachment
into the riparian buffer; (3) the
residence complies with Item (I)of
this Rule; and (4) if the residence will
be served by an on-site wastewater
system, no part of the septic system
or drain field may encroach into the
riparian buffer.
The residence or necessary
infrastructure only impacts
Zone 2.
The residence or necessary
infrastructure impacts Zone
1.
Impacts other than the
residence or necessary
infrastructure.
Restoration or enhancement
(wetland, stream) as defined in 33
CFR Part 332 available free of charge
2
on the internet.
Wetland or stream
restoration is part of a
compensatory mitigation
bank, nutrient offset bank, or
the In-Lieu Fee Program.
Wetland or stream
restoration other than those
listed above.
Road, driveway,or railroad:
perpendicular crossings of streams
and other surface waters subject to
this Rule:
2http://water.epa.gov/lawregs/guidance/wetlands/wetlandsmitigation_index.cfm
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 355
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
The impact is equal to less
than one-tenth of an acre of
riparian buffer.
Impact greater than one-
tenth of an acre but equal to
or less than one-third of an
acre of riparian buffer.
Impact greater than one-third
of an acre of riparian buffer.
Driveway crossings in a
residential subdivision that
cumulatively impact equal to
or less than one-third of an
acre of riparian buffer.
Driveway crossings in a
residential subdivision that
cumulatively impact greater
than one-third of an acre of
riparian buffer.
Farm roads and forest roads
that are exempt from
permitting from the US Army
Corps of Engineers per
Section 404 (f) of the Federal
Clean Water Act.
Road, driveway,or railroad:
impacts other than perpendicular
crossings of streams and other
surface water subject to this Rule.
Road relocationof existing private
access roads associated with public
road projects where necessary for
public safety:
Less than or equal to 2,500
square feet of riparian buffer
impact.
Greater than 2,500 square
feet of riparian buffer impact
Scientific studies and stream
gauging:
Slatted uncovered decks,including
steps and support posts, which are
associated with a dwelling, if it meets
the requirements of Items (H)and (I)
of the Rule and:
Installation does not result in
the removal of vegetation in
Zone 1
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 356
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
Installation results in the
removal of vegetation in
Zone 1.
Stormwater Control Measure
(SCM)as defined in 15A NCAC 02H
.1002:
InZone 2if Item (I)of this
Rule is complied with
InZone 1
Streambank or shoreline
stabilization:
Temporary roadsprovided that the
disturbed area is restored to pre-
construction topographic and
hydrologic conditions and replanted
with comparable vegetation within
two months of when construction is
complete. Tree planting may occur
during the dormant season. At the
end of five years, any restored
wooded riparian buffer shall comply
with the restoration criteria in Rule
.0295(i) of this Subchapter:
Less than or equal to 2,500
square feet of riparian buffer
disturbance.
Greater than 2,500 square
feet of riparian buffer
disturbance.
Associated with culvert
installation or bridge
construction or replacement.
Temporary sediment and erosion
control devicesprovided that the
disturbed area is restored to pre-
construction topographic and
hydrologic conditions and replanted
with comparable vegetation within
two months of when construction is
complete. Tree planting may occur
during the dormant season. At the
end of five years, any restored
wooded riparian buffer shall comply
with the restorations criteria in Rule
.0295 (i) of this Subchapter:
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 357
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
InZone 2only if the ground
cover is established within
the timeframes required by
the Sedimentation and
Erosion Control Act, the
vegetation in Zone 1is not
compromised and that
discharge is under Item (I)of
this rule.
InZone 1and Zone 2to
control impacts associated
with uses identified in this
Table or uses that have
received an Authorization
Certificate with Exception if
sediment and erosion control
for upland areas is
addressed outside the
riparian buffer.
In-stream temporary erosion
and sediment control
measures for work within a
stream channel that is
authorized under Sections
401 and 404 of the Federal
Clean Water Act.
Utility Lines: Streambank
stabilizationfor the protection of
publicly owned utility lines (not
including new line installation):
Less than 150 feet of
streambank disturbance.
Greater than 150 feet of
streambank disturbance.
Utility Lines: Sanitary Sewer
Overflows:
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 358
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
Emergency sanitary sewer
overflow response activities
provided that the disturbed
area within the riparian buffer
outside of the existing utility
line maintenance corridor is
the minimum necessary to
respond to pre-construction
topographic and hydrologic
conditions, and is replanted
with comparable vegetation
(e.g., grass with grass,
hardwoods with hardwoods)
within two months of when
the disturbance is complete.
Emergency sanitary sewer
overflow response activities
that do not meet the listing
above. For any new
proposed permanent impacts
application for an
Authorization Certificate shall
be submitted to the Authority
no later than thirty calendar
days of the conclusion of the
emergency response
activities.
Utility lines: Utility, Sewer Lines:
Vegetation maintenance activities
that remove forest vegetation from
existing sewer utility rights-of-way
(not including new line installation)
outside of the existing utility line
maintenance corridor:
Zone 2impacts.
Zone 1impacts: For lines that
have not been maintained,
the vegetation can be
mowed, cut, or otherwise
maintained without
disturbance to the soil
structure for a maintenance
corridor that is equal to or
less than thirty feet wide.
Zone 1impacts other than
those listed above.
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 359
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
Utility, Sewer Lines:
Replacement/Rehabilitation of
existing sewer lines within, or
adjacent to, an existing right-of-way
but outside of an existing utility line
maintenance corridor provided that
comparable vegetation (e.g., grass
with grass, hardwoods with
hardwoods) can regenerate in
disturbed riparian buffers outside of
the permanent maintenance corridor
and riparian buffers outside of the
permanent maintenance corridor are
not maintained:
Permanent maintenance
corridor equal to or less than
thirty feet wide provided there
is no grading and/or grubbing
within ten feet of the top of
the bank when the sewer line
is parallel to the stream.
Grading and/or grubbing
within ten feet of the top of
the bank, when the sewer
line is parallel to the stream
and permanent maintenance
corridor equal to, is less than
thirty feet wide.
A permanent maintenance
corridor is greater than thirty
feet wide. For impacts other
than perpendicular
crossings, mitigation is only
required for Zone 1impacts.
For perpendicular crossings
that disturb equal to or less
than forty linear feet, no
mitigation is required. For
perpendicular crossings that
disturb than forty linear feet,
mitigation is only required for
Zone 1impacts.
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 360
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
Utility: Sewer Lines, New Line
Construction/Installation
Activities:Perpendicular crossings
of streams and other surface waters
subject to this Rule or perpendicular
entry into the riparian buffer that does
not cross a stream or other surface
water subject to this Rule if vegetation
can regenerate in disturbed areas
outside of the permanent
maintenance corridor:
Construction corridor of less
than or equal to forty linear
feet wide and a permanent
maintenance corridor that is
equal to or less than thirty
feet wide.
Construction corridor of
greater than forty linear feet
wide and less than or equal to
150 linear feet wide and a
permanent maintenance
corridor that is equal to or
less than thirty feet wide.
Construction corridor of
greater than forty linear feet
wide and less than or equal to
150 linear feet wide and a
permanent maintenance
corridor that is equal to or
less than thirty feet wide.
Permanent maintenance
corridor that is greater than
thirty linear feet wide. For
impacts other than
perpendicular crossings,
mitigation is only required for
Zone 1impacts. For
perpendicular crossings, the
disturbance is equal to or
less than forty linear feet, no
mitigation is required. For
perpendicular crossings that
disturb greater than forty
linear feet, mitigation is only
required for Zone 1impacts.
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 361
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
Utility: Sewer Lines, New Line
Construction/Installation
Activities:Impacts other than
perpendicular crossings if vegetation
can regenerate in disturbed areas
outside of the permanent
maintenance corridor:
Zone 2impacts.
Zone 1impacts to less than
2,500 square feet when
impacts are solely the result
of tying into an existing utility
line and when grubbing or
grading within ten feet
immediately adjacent to the
surface water is avoided.
Zone 1impacts other than
those listed above.
Utility: Non-sewer Underground
Lines:Vegetation maintenance
activities that remove forest
vegetation from existing utility rights-
of-way (not including new line
installation) outside of the existing
utility line maintenance corridor:
Zone 2impacts.
Zone 1impacts: For lines that
have not been maintained,
the vegetation can be
mowed, cut, or otherwise
maintained without
disturbance to the soil
structure for a maintenance
corridor that is equal to or
less than thirty feet wide.
Zone 1impacts other than
those listed above.
Utilities: Non-sewer Underground
Lines:Perpendicular crossings of
streams and other surface water
subject to this Rule or perpendicular
entry into the riparian buffer that does
not cross a stream or other surface
water subject to this Rule if vegetation
can regenerate in disturbed areas
outside of the permanent
maintenance corridor:
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 362
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
Construction corridor of less
than or equal to fifty linear
feet wide and a permanent
maintenance corridor that is
equal to or less than thirty
feet wide.
Construction corridor of
greater than fifty linear feet
wide and less than or equal to
150 linear feet wide and a
permanent maintenance
corridor that is equal to or
less than thirty feet wide.
Construction corridor of
greater than 150 linear feet
wide and a permanent
maintenance corridor that is
equal to or less than thirty
feet wide.
Permanent maintenance
corridor that is greater than
thirty linear feet wide.
(Mitigation is required only for
Zone 1impacts.)
Utilities: Non-sewer Underground
Lines:Impacts other than
perpendicular crossings if vegetation
can regenerate in disturbed areas
outside of the permanent
maintenance corridor:
Zone 2impacts.
Zone 1impacts to less than
2,500 square feet when
impacts are solely the results
of tying into an existing utility
line and when grubbing or
grading within ten feet
immediately adjacent to the
surface water is avoided.
Zone 1impacts other than
those listed above.
Utilities: Non-sewer and Aerial
Lines:Perpendicular crossings of
streams and other surface waters
subject to this Rule or perpendicular
entry into the riparian buffer that does
not cross a stream or other surface
water subject to this Rule:
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 363
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
Disturb equal to or less than
150 linear feet wide of the
riparian buffer provided that a
minimum zone of ten feet
wide immediately adjacent to
the waterbody is managed
such that only vegetation that
poses a hazard or has the
potential to grow tall enough
to interfere with the line is
removed, that no land
grubbing or grading is
conducted in Zone 1, and
that poles or aerial
infrastructure are not
installed within ten feet of a
waterbody.
Disturb greater than 150
linear feet wide of riparian
buffer.
Utilities: Non-sewer Aerial Lines:
Impacts other than perpendicular
crossings of streams and other
surface waters subject to this Rule or
perpendicular entry into the riparian
buffer that does not cross a stream or
other surface water subject to this
Rule:
Impacts in Zone 2only
Impacts in Zone 1provided
that a minimum zone of ten
feet wide immediately
adjacent to the waterbody is
managed such that only
vegetation that poses a
hazard or has the potential to
grow tall enough to interfere
with the line is removed, that
no land grubbing or grading
is conducted in Zone 1,and
that poles or aerial
infrastructure are not
installed within ten feet of a
water body.
Vegetation management:
Emergency fire control
measures if the topography is
restored.
R ANDOLPH C OUNTY U NIFIED D EVELOPMENT O RDINANCE P AGE 364
A RTICLE 800:W ATERSHED P ROTECTION O RDINANCE
A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
Periodic mowing and
harvesting of plant products
only in Zone 2.
Placement of mulch rings
around restoration plantings
for a period of five years from
the date of planting.
Planting non-invasive
vegetation to enhance the
riparian buffer.
Pruning forest vegetation
ensures that the health and
function of the forest
vegetation are not
compromised.
Removal of individual trees,
branches, or limbs that are in
danger of causing damage to
dwellings, existing utility
lines, other structures, or
human life, or are imminently
endangering the stability of
the streambank provided that
the stumps are left or ground
in place without causing an
additional land disturbance.
Removal of individual trees
that are dead, diseased, or
damaged.
Removal of poison ivy, oak,
or sumac. Removal can
include the application of
pesticides within the riparian
buffer if the pesticides are
certified by the EPA for use in
or near aquatic sites and are
applied following the
If removal is significant, then
the riparian buffer shall be
replaced with non-invasive
species.
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A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
Removal of understory
nuisance vegetation as
defined in Smith, Cherri L.
2008. Invasive Plants for
3
North Carolina. NCDOT.
Removal can include the
application of pesticides
within the riparian buffer if the
pesticides are certified by the
EPA for use in or near
aquatic sites and are applied
instructions. If removal is
significant, then the riparian
buffer shall be replanted with
non-invasive species.
Removal of woody
vegetation in Zone 1 if Item (I)
of this Rule is complied with.
Vehicle access roadsand boat rams
(excluding parking areas) leading to
surface water, docks, fishing piers,
and other water-dependent activities:
Singular vehicular access
road and a boat ramp to the
surface water but not
crossing the surface water
that is restricted to the
minimum width practical not
to exceed fifteen feet wide.
Vehicular access roads and
boat ramps to the surface
water but not crossing the
surface water that is
restricted to the minimum
width practicable and
exceeds fifteen feet wide.
Water-dependent structures
(except for boat ramps) as defined in
Rule .0202 of this Subchapter.
Water supply reservoirs:
New reservoirs provided that
a riparian buffer that meets
the requirements of Items (H)
and (I) of this Rule is
established adjacent to the
reservoir.
3https://www.ncforestservice.gov/forest_health/invasives.htm
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A LLOWABLE
A LLOWABLE WITH
U SE A LLOWABLEWITH MITIGATION P ROHIBITED
AUTHORIZATIONUPON
AUTHORIZATION
New reservoirs where a
riparian buffer that meets the
requirements of Items (H)
and (I) of this Rule is not
established adjacent to the
reservoir.
Water wells
Wildlife passage structures
Table 24: Randleman Lake Riparian Buffer Table of Uses
L.M ITIGATION
Persons who wish to undertake uses designed as allowable upon
authorization with mitigation as defined in Sub-Item (J) (3) of this Rule or
allowable with exception as defined in Sub-Item (J) (5) of this Rule shall
meet the following requirements to proceed with their proposed use.
1.Obtain an Authorization Certificate under Rule .0611 of this
Subchapter; and
2.Obtain written approval for a migration proposal under Rule
.0295 of this Subchapter.
M.R ULE I MPLEMENTATION
This Rule shall be implemented as follows:
1.Local governments with land use authority within the
Randleman Lake Watershed shall establish and maintain
riparian buffer protection programs to meet or exceed the
minimum requirements of this Rule and shall comply with all
requirements outlined in NCGS §143-214.23A.
(a)Randolph County shall adopt and enforce this
Rule through local ordinances.
(b)Randolph County shall appoint a Riparian Buffer
Protection Administrator(s) who shall coordinate
the implementation and enforcement of the
program. The Administrator(s) shall attend an
initial training session by the Division and be
certified to make on-site determinations
according to NCGS § 143-214.25A. The
Administrator(s) shall ensure that Randolph
County staff working directly with the program
receive training to understand, implement, and
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enforce the program and are certified to make
on-site determinations according to NCGS §
143-214.25A. At any time that Randolph County
does not have a certified individual retained on
staff to make on-site determinations according
to NCGS § 143-214.25A, they shall immediately
notify the Division and indicate a proposed
schedule to secure a certified staff member.
Randolph County shall coordinate with the
Division to provide on-site determinations until a
newly certified staff member is secured by
Randolph County.
2.Randolph County shall apply the requirements of this Rule
throughout their jurisdiction within the Randleman Lake
Watershed except where the Division shall exercise
jurisdiction. The Division shall have jurisdiction to the
exclusion of Randolph County to administer the requirements
of this Rule for the following types of activities:
(a)Activities conducted under the authority of the
State;
(b)Activities conducted under the authority of the
United States;
(c)Activities conducted under the authority of
multiple jurisdictions;
(d)Activities conducted under the authority of local
units of government;
(e)Forest harvesting activities described in Rule
.0612 of this Subchapter; and
(f)Agricultural activities.
3.The Division shall regularly audit Randolph County to ensure
that local programs are being implemented and enforced in
keeping with the requirements of this Rule and Rule .0611 of
this Subchapter. The audit shall consist of a review of all
Randolph County activities concerning the implementation of
this Rule and Rule .0611 of this Subchapter.
4.Randolph County shall maintain on-site records for a
minimum of five years and shall furnish a copy of these
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records to the Division within thirty calendar days of receipt of
include the following:
(a)A copy of all Authorization Certificates with
Exception requests;
(b)Findings on all Authorization Certificates with
Exceptions requests;
(c)The results of all Authorization Certificates with
Exception proceedings;
(d)A record of complaints and actions taken
because of complaints;
(e)Records for on-site determinations as described
in Item (D) of this Rule; and
(f)Copies of all requests for authorizations,
records approving authorization, and
Authorization Certificates.
5.If Randolph County fails to adopt or adequately implement its
program as specified in this Rule, the Division may take
appropriate enforcement action as authorized by statute and
may choose to assume responsibility for implementing that
program until it determines that Randolph County is prepared
to comply with its responsibilities.
6.The Commission may delegate its duties and powers for
granting and rescinding Randolph County delegation of the
Randleman Lake Riparian Buffer protection requirements, in
whole or in part, to the Director.
N.W ATER S UPPLY R EQUIREMENTS
The existing water supply requirement in Rule .0624 (12) of this Subchapter
that stipulates a one-hundred-foot vegetated buffer, adjacent to perennial
streams, for all new development activities, applies to the entire Randleman
Lake Watershed. The first fifty feet of these riparian areas on either side of
these waters shall also be protected under all the requirements of this Rule.
Randolph County may choose to implement more stringent requirements,
including requiring additional buffer width. The existing water supply
requirement in Rule .0624 (12) of this Subchapter also stipulated a thirty-
foot vegetated buffer, adjacent to perennial streams, for all new
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development activities that utilize the low-density option also applies to the
entire Randleman Lake Watershed.
O.O THER L AWS,R EGULATIONS AND P ERMITS
In all cases, compliance with this Rule does not preclude the requirement
to comply with all other federal, State, and local regulations and laws.
827:WS-IW ATERSHED A REAS
The intent is to provide maximum protection for water supplies with the natural and
undeveloped watershed in public ownership by allowing only low-intensity uses. No
residential or non-residential uses are allowed except those listed below depending on
County zoning regulations. Impacts from non-point source pollution shall be minimized.
A.A LLOWED U SES:
1.Agricultural subject to the provisions of the Food Security Acts
of 1985 and the Food, Agricultural, Conservation, and Trade
Act of 1990 and all rules and regulations of the Soil and Water
Conversation Commission.
2.Silviculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality, 15 NCAC 1I.6101-.0209.
3.Water withdrawal, treatment, and distribution facilities.
4.Restricted road access.
5.Power transmission lines.
B.D ENSITY AND BUILT-UPON AREA LIMITS DO NOT APPLY.
828:WS-IIW ATERSHED A REAS C RITICAL A REA (WS-II-CA)
To maintain a predominately undeveloped land-use intensity pattern, single-family
residential uses shall be allowed at a maximum of one dwelling unit per two acres. All
other residential and non-residential developments shall be allowed at a maximum of six
percent built-upon area. New residual application sites and landfills are specifically
prohibited.
A.A LLOWED U SES:
1.Agricultural subject to the provisions of the Food Security Acts
of 1985 and the Food, Agricultural, Conservation, and Trade
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Act of 1990 and all rules and regulations of the Soil and Water
Conversation Commission.
2.Silviculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality, 15 NCAC 1I.6101-.0209.
3.Residential development.
4.Non-residential development, excluding (i) landfills and (ii)
sites for land application of residuals or petroleum-
contaminated soils.
B.D ENSITY AND B UILT-UPON LIMITS:
1.Single Family Residential: Development shall not exceed one
dwelling unit per two acres on a project-by-project basis. No
residential lot shall be less than two acres (80,000 sq. ft.
excluding roadway right-of-way), except within an approved
cluster development.
2.All Other Residential and Non-Residential: Development shall
not exceed six percent built-upon area on a project-by-project
basis. To calculate the built-upon area, the total project area
shall include the total acreage in the tract on which the project
is to be developed.
829:WS-IIW ATERSHED A REAS B ALANCE W ATERSHED(WS-II-
BW)
To maintain predominantly undeveloped land-use intensity, single-family residential uses
shall be allowed at a maximum of one dwell per acre. All other residential and
nonresidential development shall be allowed a maximum of twelve percent built-upon
area. Also, new development may occupy ten percent of the watershed area outside the
critical area, with seventy percent built upon when authorized as a Special Intensity
Allocation (SIA). The Watershed Administrator is authorized to approve SIAs consistent
with the provisions of this Ordinance. The project must, to the maximum extent
practicable, minimum built-upon surface area, direct stormwater away from surface
waters, and incorporate Best Management Practices to minimize water quality impacts.
Non-discharging landfills and residual application sites are allowed if allowed by County
zoning regulations.
A.A LLOWED U SES:
1.Agricultural subject to the provisions of the Food Security Acts
of 1985 and the Food, Agricultural, Conservation, and Trade
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Act of 1990 and all rules and regulations of the Soil and Water
Conversation Commission.
2.Silviculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality, 15 NCAC 1I.6101-.0209.
3.Residential development.
4.Non-residential development, excluding discharging landfills.
B.D ENSITY AND B UILT-U PON L IMITS:
1.Single Family Residential: Development shall not exceed one
dwelling unit per acre on a project-by-project basis. No
residential lot shall be less than one acre (or 40,000 square
feet excluding roadway right-of-way), except within an
approved cluster development.
2.All Other Residential and Non-Residential: Development shall
not exceed twelve percent built-upon area on a project-by-
project basis except that up to ten percent of the balance of
the watershed may be developed at up to seventy percent
built-upon area on a project-by-project basis. To calculate the
built-upon area, the total project area shall include the total
acreage in the tract on which the project is to be developed.
830:WS-IIIW ATERSHED A REAS C RITICAL A REAS (WS-III-CA)
To maintain low to moderate land-use intensity, single-family residential uses are allowed
at a maximum of one dwelling unit per two acres. All other residential and non-residential
development shall be allowed at a maximum of twelve percent built-upon area. New
residual application sites and landfills are specifically prohibited.
A.A LLOWED U SES:
1.Agricultural subject to the provisions of the Food Security Acts
of 1985 and the Food, Agricultural, Conservation, and Trade
Act of 1990 and all rules and regulations of the Soil and Water
Conversation Commission.
2.Silviculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality, 15 NCAC 1I.6101-.0209.
3.Residential development.
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4.Non-residential development, excluding (i) landfills and (ii)
sites for land application of residuals or petroleum-
contaminated soils.
B.D ENSITY AND B UILT-U PON L IMITS:
1.Single Family Residential: Development shall not exceed one
dwelling unit per two 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
cluster development.
2.All Other Residential and Non-Residential: Development shall
not exceed twelve percent built-upon on a project-by-project
basis. To calculate the built-upon area, the total project area
shall include total acreage in the tract on which the project is
to be developed.
831:WS-IIIW ATERSHED A REAS B ALANCE W ATERSHED(WS-III-
BW)
To maintain a low to moderate land-use intensity, single-family detached uses shall
develop at a maximum of one dwelling unit per acre. All other residential and non-
residential development shall be allowed at a maximum of twenty-four percent built-upon
area. Also, new development and expansions to existing development may occupy ten
percent of the balance of the watershed area with up to seventy percent built-upon area
when approved as a Special Intensity Allocation (SIA). The Watershed Administrator is
authorized to approve SIAs consistent with the provisions of this Ordinance. Projects
must, to the maximum extent practicable, minimize built-upon surface area, direct
stormwater away from surface waters, and incorporate Best Management Practices to
minimizewater quality impacts. Non-discharging landfills and residual application sites
are allowed if allowed by County zoning regulations.
A.A LLOWED U SES:
1.Agricultural subject to the provisions of the Food Security Acts
of 1985 and the Food, Agricultural, Conservation, and Trade
Act of 1990 and all rules and regulations of the Soil and Water
Conversation Commission.
2.Silviculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality, 15 NCAC 1I.6101-.0209.
3.Residential development.
4.Non-residential development excluding discharging landfills.
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B.D ENSITY AND B UILT-U PON L IMITS:
1.Single FamilyResidential: Development shall not exceed one
dwelling united per acre, as defined on a project-by-project
basis. No residential lot shall be less than one acre (or 40,000
square feet excluding roadway right-of-way), except within an
approved cluster development.
2.All Other Residential and Non-Residential: Development shall
not exceed twenty-four percent built-upon area on a project-
by-project basis except that up to ten percent of the balance
of the watershed may be developed with new development
and expansions to existing development up at to seventy
percent built-upon area on a project-by-project basis. To
calculate the built-upon area, the total project area shall
include the total acreage in the tract on which the project is to
be developed.
832:WS-IVW ATERSHED A REAS C RITICAL A REAS (WS-IV-CA)
Only new development activities that require an erosion/sedimentation control plan under
State law or approved local program are required to meet the provisions of this Ordinance
when located in a WS-IV watershed. To address a moderate to high land-use intensity
pattern, single-family residential uses are allowed at a maximum of one dwelling unit per
two acres. All other residential and non-residential development shall be allowed at a
maximum of six percent built-upon area. New residual application sites and landfills are
specifically prohibited.
A.A LLOWED U SES:
1.Agricultural subject to the provisions of the Food Security Acts
of 1985 and the Food, Agricultural, Conservation, and Trade
Act of 1990 and all rules and regulations of the Soil and Water
Conversation Commission.
2.Silviculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality, 15 NCAC 1I.6101-.0209.
3.Residential development.
4.Non-residential development excluding (i) landfills and (ii)
sites for land application of residuals or petroleum-
contaminated soils.
B.D ENSITY AND B UILT-U PON L IMITS:
1.Single-Family Residential:Development shall not exceed one
dwelling unit per two acres on a project-by-project basis. No
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residential lot shall be less than two acres (80,000 square feet
excluding road right-of-way), except with an approved cluster
development.
2.All Other Residential and Non-Residential: Development shall
not exceed six percent built-upon area on a project-by-project
basis. To calculate the built-upon area, the total project area
shall include the total acreage in the tract on which the parcel
isto be developed.
833:WS-IVW ATERSHED A REAS P ROTECTED A REA(WS-IV-PA)
Only new development activities that require an erosion/sedimentation control plan under
State law or approved local government program are required to meet the provisions of
this Ordinance when located in a WS-IV watershed. To accommodate moderate to high
land-use intensity, single-family residential uses shall develop at a maximum of one
dwelling unit per acre. All other residential and non-residential development shall be
allowed at a maximum of twelve percent built-upon area. A maximum of one dwelling unit
per acre or twelve percent built-upon area is allowed for projects without a curb and getter
street system.
A.A LLOWED U SES:
1.Agricultural subject to the provisions of the Food Security Acts
of 1985 and the Food, Agricultural, Conservation, and Trade
Act of 1990 and all rules and regulations of the Soil and Water
Conversation Commission.
2.Silviculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality, 15 NCAC 1I.6101-.0209.
3.Residential development.
4.Non-residential development.
B.D ENSITY AND B UILT-U PON L IMITS:
1.Single-Family Residential: Development shall not exceed one
dwelling per acre, as defined on a project-by-project basis. No
residential lot shall be less than one acre (40,000 square feet
excluding roadway right-of-way), except within an approved
cluster development.
2.All Other Residential and Non-Residential: Development shall
not exceed twelve percent built-upon area on a project-by-
project basis. To calculate the built-upon area, the total project
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area shall include acreage in the tract on which the project is
to be developed.
3.Inaddition to the development allowed under items one and
two above, new development and expansions to existing
development may occupy up to ten percent of the projected
area with up to seventy percent built-upon area on a project-
by-project basis, when approved as a special intensity
allocation (SIA). The Watershed Administrator is authorized to
approve SIAs consistent with the provisions of this Ordinance.
The project must, to the maximum extent practicable,
minimize built-upon surface area, direct stormwater away
from surface waters, and incorporate Best Management
Practices to minimize water quality impacts. To calculate the
built-upon area, the total project acre shall include the total
acreage in the tract on which the project is to be developed.
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