03MarchPB
Planning Board March 4, 2025 Page 1 of 3
RANDOLPH COUNTY
PLANNING AND ZONING
204 E Academy Street, Asheboro NC 27203 (336) 318-6555 RANDOLPH COUNTY PLANNING BOARD
AGENDA
MARCH 4, 2025
1. Call to Order of the Randolph County Planning Board.
2. Roll call of the Board members. (Completed by staff.)
3. Consent Agenda:
● Approval of agenda for the March 4, 2025, Planning Board meeting.
● Approval of the minutes from the January 7, 2025, Planning Board meeting.
4. Conflict of Interest:
● Are there any Conflicts of Interest or ex parte communication that should be
disclosed? (If there is a Conflict of Interest, the Board must vote to allow the
member with the Conflict of Interest to not participate in the hearing of the
specific case where the Conflict of Interest has been identified.)
5. Old Business.
6. New Business.
SPECIAL USE PERMIT REQUEST #2025-00022003
The Randolph County Planning Board will hold a duly published and notified
quasi-judicial hearing on the request by DAVID LEE ALBRIGHT, Ramseur,
NC, and their request to obtain a Special Use Permit at 4505 Hinshaw Town
Rd, Coleridge Township, Tax ID #7699920623, 17.22 acres, RA -
Residential Agricultural District. The applicant desires to obtain a Special
Use Permit to specifically allow a third residence for family.
SPECIAL USE PERMIT REQUEST #2025-00022004
The Randolph County Planning Board will hold a duly published and notified
quasi-judicial hearing on the request by JORDAN DAVIS
MCCULLEN, Asheboro, NC, and their request to obtain a Special Use
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Permit at 3582 NC Hwy 134, Union Township, Tax ID #7657239488, 5.4
acres, RA - Residential Agricultural District. The applicant desires to obtain
a Special Use Permit to specifically allow an automotive repair shop.
REZONING REQUEST #2024-00020484
The Randolph County Planning Board will hold a duly published and notified
legislative hearing on the request by LEE DAVIDSON, Asheboro, NC, and
their request to rezone .91 acres on Glendale Dr and West Mine St,
Asheboro Township, Tax ID #7750127185 and #7750128325, Primary
Growth Area, from RE - Residential Exclusive District to RM - Residential
Mixed District. The applicant desires to rezone the property to allow any use
allowed by right in the RM - Residential Mixed District. Property Owners:
Mark Davidson, Krista Davidson, and Trip One Investments, LLC
REZONING REQUEST #2025-00022001
The Randolph County Planning Board will hold a duly published and notified
legislative hearing on the request by CREEK HILL INVESTMENTS,
LLC, Lexington, NC, and their request to rezone 85.18 acres on the corner
of Thayer Rd and Skeens Mill Rd, Tabernacle Township, Tax ID
#7703890660, Rural Growth Area, from RA - Residential Agricultural
District to RLOE-CD - Rural Lot Subdivision Overlay Exclusive - Conditional
District. The proposed Conditional Zoning District would specifically allow a
thirteen-lot subdivision for conventional modular homes and site-built homes
as per the site plan.
REZONING REQUEST #2025-00022005
The Randolph County Planning Board will hold a duly published and notified
legislative hearing on the request by TERAMORE DEVELOPMENT,
LLC, Salisbury, NC, and their request to rezone 1.90 acres out of 9.77 acres
located on the corner of Bulb Rd and Old 421 Rd, Liberty Township, Tax ID
#8708847337, Primary Growth Area, from RA - Residential Agricultural
District and RR - Residential Restricted District to HC-CD - Highway
Commercial - Conditional District. The proposed Conditional Zoning District
would specifically allow a building for retail sales as per the site plan.
Property Owner: Tim's Farm and Forestry, LLC
REZONING REQUEST #2025-00022006
The Randolph County Planning Board will hold a duly published and notified
legislative hearing on the request by ACE AVANT REAL PROPERTY
COMPANY, Archdale, NC, and their request to rezone 2.89 acres on Poole
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Rd, New Market Township, Randleman Lake Protected Area Watershed,
Tax ID #7737247771, Primary Growth Area, from RA - Residential
Agricultural District and RM - Residential Mixed District to HC-CD - Highway
Commercial - Conditional District. The proposed Conditional Zoning District
would specifically allow a convenience store with fueling and EV charging
with 39.77% SNIA per the site plan.
REQUIRED UPDATES TO THE RANDOLPH COUNTY WATERSHED
PROTECTION ORDINANCE
Updates to the Randolph County Watershed Protection Ordinance that are
required to keep the Randolph County Unified Development Ordinance,
Article 800: Watershed Protection Ordinance compliant with State
Watershed Rules.
7. Update from the Planning Director.
8. Adjournment.
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January 7, 2025
1.Call to Order of the Randolph County Planning Board.
There was a meeting of the Randolph County Planning Board on January 7, 2025, at
6:00 PM in the 1909 Historic Courthouse Meeting Room, 145-C Worth St, Asheboro,
NC. Chairman Pell called the meeting to order and welcomed those in attendance. Pell
reminded those in attendance that the Planning Board Rules of Procedure state that
anyone wishing to speak must sign up to speak and that speakers other than the
applicant are limited to three minutes.
2.Roll call of the Board members. (Completed by staff.)
The County Planning staff completed the roll call of the members of the Board as they
arrived at the meeting. Reid Pell, Kemp Davis, John Cable, Reggie Beeson, Ken
Austin, Brandon Hedrick, Susan Thompson and Nicholas Mooney were present.
County Planning Director Tonya Caddle and County Attorney Ben Morgan were also
present, along with County Planning staff members Kayla Brown, David Harris, Cory
Hartsoe, Kim Heinzer, Tim Mangum, and Eric Martin.
3.Consent Agenda:
●Approval of agenda for the January 7, 2025 Planning Board meeting.
●Approval of the minutes from the December 3, 2024 Planning Board
meeting.
On the motion of Cable, seconded by Hedrick, the Planning Board voted 7-0 to
approve the Consent Agenda as presented in the agenda.
4.Conflict of Interest:
●Are there any Conflicts of Interest or ex parte communication that should be
disclosed? (If there is a Conflict of Interest, the Board must vote to allow the
member with the Conflict of Interest to not participate in the hearing of the
specific case where the Conflict of Interest has been identified.)
There were no Conflicts of Interest or ex parte communication identified by any
Planning Board member.
5.Old Business.
There was no old business for the Planning Board to consider.
6.New Business.
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SPECIAL USE PERMIT REQUEST #2024-00022041
The Randolph County Planning Board will hold a duly published and notified
quasi-judicial hearing on the request by MARY KING, Ramseur, NC, and
their request to obtain a Special Use Permit at 437 NC Hwy 22 N, Columbia
Township, Tax ID #8702133558, 26.35 acres, RR - Residential Restricted
District and RA - Residential Agricultural District. The applicant desires to
obtain a Special Use Permit to allow a second residence to remain on the
property as a guest house.
Caddle presented the first case of the night, the Special Use Permit request of Mary
King, Ramseur, NC.
Pell explained to the public that anyone wanting to speak in favor or against a
request would be sworn in to give testimony for the case.
Pell opened the public hearing.
Morgan administered the oath to Mary King.
King explained that there are currently over twenty-six acres of property with a house
and guest house on the property. She said they want to divide the property and have
two new 8-acre tracts, leaving the remaining 10 acres or so with the existing house
and guest house. King said that she wanted to divide the property so her daughter
could build a house and that King had moved into the guest house as she can not
handle the steps in the main house.
Caddle explained that the request was not for the subdivision of the property but to
allow two residences to remain on the property if it was divided.
Morgan explained to King that once she had divided her property, the two homes
would remain on the ten-acre parcel and could not be able to be sold individually
without Board approval. King said she understood.
Pell asked if there were any questions from the Planning Board members.
Hearing none, Pell closed the public hearing.
On the motion of Davis, seconded by Cable, with a vote of 7-0, the Planning Board
voted to approve the request with the motions contained in the Planning Board
packet.
SPECIAL USE PERMIT REQUEST #2024-00022045
The Randolph County Planning Board will hold a duly published and notified
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quasi-judicial hearing on the request by JULIE & MICHAEL
ROGERS, Sophia, NC, and their request to obtain a Special Use Permit at
3215 Green Glade Rd, Back Creek Township, Tax ID #7734673504, 2.06
acres, RM - Residential Mixed District. The applicant desires to obtain a
Special Use Permit to allow the replacement of a second residence on the
property for a family member.
Caddle presented the next case of the night, the Special Use Permit request of Julie
and Michael Rogers, Sophia, NC.
Pell opened the public hearing.
Morgan administered the oath to Michael Rogers, the applicant.
Rogers told the Board that he is trying to replace an old double-wide mobile home
with a modular home and that his sister currently lives in the existing mobile home.
Morgan asked Rogers if he understood the approval from the Board, which would
require the two homes to remain on the property, and he would not be able to sell
either home individually without the Board's approval. Rogers said he understood.
Pell asked if there were any questions from the Board members.
Beeson asked Rogers if he planned to replace only one of the homes. Rogers said
he would be replacing the double-wide only.
Pell closed the public hearing.
On the motion of Beeson, seconded by Austin, with a vote of 7-0, the Planning Board
voted to approve the request with the motions contained in the Planning Board
packet.
SPECIAL USE PERMIT REQUEST #2024-00022044
The Randolph County Planning Board will hold a duly published and notified
quasi-judicial hearing on the request by REBECCA C. SPIVEY, Asheboro,
NC, and their request to obtain a Special Use Permit at 1547 Cox Brothers
Rd, Grant Township, Tax ID #7790769837, 6.7 acres, RA - Residential
Agricultural District. The applicant desires to obtain a Special Use Permit to
allow a third residence on the property for a family member.
Caddle presented the third case of the night, the Special Use Permit request of
Rebecca C. Spivey, Asheboro, NC.
Pell opened the public hearing.
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Morgan administered the oath to Rebecca Spivey, the applicant.
Rebecca Spivey, 1547 Cox Brothers Rd, Asheboro, said she and her husband are
requesting to add a third residence to their property. She said they have the required
acreage and road frontage.
Morgan asked Spivey if she understood that if the Board approved her request, she
would not be able to sell the homes individually without coming back to the Board
and requesting to do so. Spivey said she understood.
Pell asked if there were any questions from the Board members.
Beeson asked if there would be an additional driveway installed and if it would be on
the north side of the property. Spivey said there would be an additional driveway,
and it would be on the north side of 1545 Cox Brothers Rd.
Austin asked if there would be an additional well and septic installed for the third
home. Spivey said they would install a new septic system but would share an
existing well.
Pell asked if there were any additional questions from the Board.
Hearing none, Pell closed the public hearing.
Hedrick said it appears the new driveway would be installed on the portion of the
property that appears to be cleared, and it should not have an impact on the line of
sight in the curve. He said the applicants understand the homes cannot be sold
individually, so he would make a motion.
On the motion of Hedrick, seconded by Beeson, with a vote of 7-0, the Planning
Board voted to approve the request with the motions contained in the Planning
Board packet.
SPECIAL USE PERMIT REQUEST #2024-00003493
The Randolph County Planning Board will hold a duly published and notified
quasi-judicial hearing on the request by NATHAN DAVIS, Asheboro, NC,
and their request to obtain a Special Use Permit at 2943 Monterey Rd,
Cedar Grove Township, Tax ID #7657572797, 5.04 acres, RA - Residential
Agricultural District. The applicant desires to obtain a Special Use Permit to
obtain a federal firearms license in a proposed 1,000 sq ft accessory
building.
Caddle presented the last Special Use Permit for the night, the request of Nathan
Davis, Asheboro, NC.
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Pell opened the public hearing.
Morgan administered the oath to Nathan Davis, the applicant.
N. Davis said he would like to buy and sell firearms legally by having a federal
firearms license and the license requires this Special Use Permit to be approved. He
said it would be an at-home business, allowing him to buy wholesale products
instead of paying retail prices. N. Davis said that he travels quite a bit and would like
to do this operation in his free time.
Pell asked if there were any questions from the Planning Board.
Cable asked if there would be a firing range or test range and N. Davis stated that
there would not be a test range. Davis stated that the United States Bureau of
Alcohol, Tobacco, Firearms and Explosives, the AFT, requires a minimum 1,000 sq ft
building and the building would have a security system. N. Davis told the Board that
he would order firearms after it has been purchased by a customer.
Austin asked about the hours of operation and N. Davis said that it would be mostly
in the evenings but that he could not give a specific time other than he would be
following the AFT guidelines. N. Davis also told the Board that he would be using the
existing drive to access the proposed building and would only put up the necessary
signage and that he does not want to advertise the business unless it is necessary
as he wants to keep his family safe.
Morgan asked if the store would be open by appointment only and N. Davis said that
Morgan was correct.
Cable stated that his seems to be a generally low-key operation.
Morgan stated that the Planning Board hears these types of requests frequently.
Cable said that his concerns about security and safety have been answered.
Pell asked if there were any other questions from the Planning Board.
Hearing none, Pell closed the public hearing.
Hedrick stated that the Board has heard many of these requests before and that N.
Davis has given the operation a lot of thought.
On the motion of Hedrick, seconded by Austin, with a vote of 7-0, the Planning Board
voted to approve the request with the motions contained in the Planning Board
packet.
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REZONING REQUEST #2024-00022042
The Randolph County Planning Board will hold a duly published and notified
legislative hearing on the request by CARSON EDWIN & ANGELA KIDD
COCKMAN, Ramseur, NC, and their request to rezone .72 acres out of 1.48
acres at 850 NC Hwy 22 S, Columbia Township, Tax ID #8701898377,
Municipal Growth Area, from RR - Residential Restricted District to HC -
Highway Commercial District. The applicant desires to rezone the property
to allow any use allowed by right in the HC - Highway Commercial District.
Caddle presented the first rezoning case of the night, the request of Carson Edwin
and Angela Kidd Cockman, Ramseur, NC.
Pell opened the public hearing.
C. Cockman addressed the Planning Board and told them that he did not know that
the property was not all zoned HC - Highway Commercial District.
Pell asked if there were any questions from the Planning Board.
K. Davis asked if the request was to make the entire property the same zoning and
C. Cockman answered yes.
Austin asked if there was access to Gracewood Rd and C. Cockman said there was
no formal driveway but that he has access via another lot and that he owns the
parcels on both sides of the request location.
Cable asked if C. Cockman could cut a drive and exit on Gracewood Rd and C.
Cockman said that he could if necessary.
Pell asked if there were any other questions from the Planning Board.
Hearing none, Pell closed the public hearing.
K. Davis said that everyone knows that he is not a fan of straight rezoning, but in this
case, the property owner is trying to clean up an existing zoning issue.
Hedrick said that C. Cockman is trying to fix a problem.
Cable said that he appreciated the Cockman's wanting to clean up the situation and
make it right.
On the motion of Cable, seconded by Hedrick, with a vote of 7-0, the Planning Board
voted to approve the request with the motions contained in the Planning Board
packet.
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REZONING REQUEST #2024-00022043
The Randolph County Planning Board will hold a duly published and notified
legislative hearing on the request by LOW BRIDGE SOLAR, LLC, Durham,
NC, and their request to rezone 308.64 acres at 6960 Ferguson Rd,
Columbia Township, Sandy Creek Balance Watershed, Tax ID
#8713255702, #8713273793, #8713398173, #8714210539, #8714200236,
#8714311050, #8713298256, and #8714309162, Secondary Growth Area,
from RA - Residential Agricultural District to RIO-CD - Rural Industrial
Overlay - Conditional District. The proposed Conditional Zoning District
would specifically allow a ground-mounted utility-scale photovoltaic solar
farm and battery energy storage system. Property Owners: William D. &
Judy O. Allred, JNB Holdings of Randolph, LLC, Allen Dean Wright and
Allen D. & Ginger W. Wright
Caddle presented the next rezoning case of the night, the rezoning request for Low
Bridge Solar, LLC, Durham, NC.
Pell opened the public hearing.
Tom Terrell, representing Low Bridge Solar, distributed binders to the Planning
Board to reference during the presentation (Exhibit 1). He said the binder includes
the application, a larger-scale site plan for review, a study on health and safety, an
operations manual, a decommissioning plan, the consistency for the area, and some
conditions to consider for the request.
Matt Dellafield, using a PowerPoint presentation, explained to the Board that this is
the second project in Randolph County. He said they started working on the project
in 2021 which is a 40 megawatt project which will supply approximately 6,000
homes. He said this facility may incorporate battery storage and proposed an
increase of 1.6 million dollars in new net taxes over the life of the facility in addition
to what the County is already receiving on the property.
Dellafield said they have completed several environmental engineering studies
including wetland assessments, cultural resource assessment, threats to
endangered species assessment, and the findings are reflected on the site plan,
according to the County requirements.
Dellafield said they have had two neighborhood informational meetings, making
adjustments based on the neighbors’ feedback from those meetings, and after
submitting their proposal to Duke Energy last year, they had been informed that their
proposed project had made Duke’s list as a finalist, although there is no guarantee
from Duke to move forward. He said they should know more definitively in May or
June of this year if their project is selected and plan to be on track for operation from
2028 to 2029.
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Dellafield explained the site plan in more detail, pointing out the plan to leave
existing vegetation, plant buffers where necessary and supplement vegetation in
some areas as needed, and meet or exceed Randolph County standards. He also
explained that the fencing will conform to the National Electrical Code, adequate
roads for Emergency Services, and plans to get approval from the Fire Marshal’s
office for the design as well.
Dellafield said a decommissioning plan has been submitted and gave a brief
description of the plan (also included in the exhibit provided).
Pell asked if there were any questions from the Board.
Hedrick said he appreciates the applicant’s insight on the decommissioning and
working with legislation to put those plans in place, removing the burden from the
County.
Austin asked if the decommissioning plan would be filed with Randolph County and if
there is a bond put in place for protection. Dellafield explained that they provide
financial assurance through a bond, escrow, or cash and it is administered by the
State if there is an issue.
Austin asked if the document would be recorded. Dellafield said it is not recorded in
the Register of Deeds, but it is a document that could be shared.
Caddle explained that these issues used to be the County’s responsibility before
November 2024, and now it has become the burden of the State.
Austin asked about the connections for capturing and transferring power. Dellafield
said there is only one point where Duke Energy connects to power lines due to the
costs and he gave a brief description of converting the power.
Austin asked where the point of connection would be located. Dellafield said it would
depend on Duke Energy’s approval.
Austin asked if the easement would be fenced or underground. Dellafield said the
easement would be underground, it would be surveyed and then recorded.
Austin said there have been issues in the past where power grids have been
vandalized using high-power rifles and asked what protection is put in place for that
type of situation. He said they try to locate the facility off the road but they try not to
install more security than necessary because this is not a major distribution for
power like the substations that were vandalized and wouldn’t have much of an
impact.
Austin asked where the emergency access would be located on the property. Tonya
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said the Fire Marshal has reviewed the request with no issues and approval would
have to be given before permitting. Dellafield said there are three points of access.
Terrell said he would add a condition that anything filed with the State would be
provided to the County as well.
Cable asked if companies put up a bond with the County before it started being
handled by the State. Morgan said the bond has been shifted from the County's
responsibility to the State’s responsibility.
Hedrick said the Unified Development Ordinance references the DEQ laws which
can be used to satisfy the requirements.
Nick Kirkland, Kirkland Appraisals, said there is no impact on the adjoining property
owners per his professional opinion.
Austin asked about the estimated increase in tax revenue and if the 1.6 million
dollars would be new taxes. Dellafield answered yes and explained the calculations
used to determine those values.
Hedrick said the tax values used don’t seem to include the increase in property
values. Dellafield said it is too hard to predict future values so they used a 2.5%
increase which may be too low.
Austin asked if any of the property is currently in the volunteer agriculture district.
Dellafield answered yes, and they would be responsible for paying back the tax
deferments as well.
Davis asked if there had been any property condemnation. Dellafield answered no.
Tommy Cleveland said he had completed the health and safety assessments for the
project which looks at the solar and battery aspects and concluded that the project is
in line with leading technology and will not have any negative health and safety
impacts as it is being proposed.
Cable said the request seems standard, and there have been no problems with the
previous requests from this applicant. He said depending on what Duke wants
regarding battery storage, they’ve stated they will work with the Fire Department.
Dellafield said they have been working on outreach training for the fire team because
battery storage is somewhat of a newer element to the solar facilities.
Austin asked if the property would be seeded before panel installation. Dellafield
said it would depend on the soil. He said they normally move topsoil for grading and
replace the topsoil before seeding.
Pell asked if there were any additional questions from the Board.
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Morgan said that Kirkland and Cleveland’s reports are part of the binders given to
the Board and provided to the Clerk.
Amy Chrisman, daughter of one of the property owners, said she lost her father in
November, after having a long illness. She said her mother kept him at home and
used all their savings to do so. She said they feel this is a way for her mother to be
able to stay in her family home.
Julie Burch, said they don’t want to get rid of their farm, they are unable to run the
farm, and this is a way for her and her sister to preserve their parent's and
grandparents' legacy.
Albert Caviness said he is a retired Air Force veteran, said he has been spying on
the applicants for six months, and is proud to say he is in favor of the request. He
said he hopes the environment will not be affected and according to their experts, it
will not. He asked about the pond on the solar site. Morgan said he would have the
applicant address the question in just a moment. Mr. Caviness asked how the
property owners nearby would be notified about the construction site and how they
would be affected.
Morgan explained this was the public meeting regarding the site, and the two
informational meetings provided to the neighboring properties. Austin said there
were signs posted in multiple places for the meeting as well.
Christina Anderson, 7244 Ferguson Rd., said most of her concerns have been
addressed tonight. She asked about access to Ferguson Rd and what impact
construction will have on that access. She also asked in the event of
decommissioning, would the property revert to agricultural use.
Morgan asked Dellafield if he could address the questions that had been asked
about the water source on the property. Dellafield said the two ponds on the property
will be maintained and preserved. He said these facilities do not need water to
operate unless the panels need to be washed or water the lawn.
Dellafield said the primary entrances for the facility would be Whites Chapel Rd and
Low Bridge Rd, and all the driveway entrances would require permitting through
NCDOT, and they will decide if steps need to be taken for continued safety.
Morgan said the property is a conditional use request and no longer used as a solar
farm, someone would have to come before the Board with a new request to change
the use.
Cable asked how long it would take to decommission the facility. Dellafield said it
would take approximately six to seven months for a facility of this size.
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Pell asked if there were any additional questions from the Board.
Morgan said we would need to wait for Terrell to sign an updated application with the
new conditions before a decision. Terrell reviewed and signed a new application.
Pell announced a five-minute recess which resumed at 7:54 pm.
Pell closed the public hearing.
Cable said the Board has considered quite a few solar facilities and this request
seems like a good plan, He said there were questions about safety and concerns
about the environment which have been addressed. He expressed his appreciation
for working with the families, trying to keep their family farms. He said this seems like
a good project and all the boxes have been checked.
Hedrick said the binder provided to the Board that will be part of the Minutes was
fantastic, which has addressed all the concerns as well as the items that are required
from our Unified Development Ordinance, which is greatly appreciated.
Austin said he has concerns about the loss of agricultural property due to these
projects. He said he appreciates the position of the families and the hard work it
takes to maintain a farm. He also said he doesn’t want to see these types of projects
take over our agricultural land.
Beeson said we need to always consider what draws people to our County, which is
the scenic corridor, and the rolling hills. He commended the applicants on their
presentation, taking buffers into account. He agreed that he hates losing agricultural
land.
On the motion of Cable, seconded by Hedrick, with a vote of 7-0, the Planning Board
voted to approve the request with the motions contained in the Planning Board
packet.
REZONING REQUEST #2024-00022046
The Randolph County Planning Board will hold a duly published and notified
legislative hearing on the request by SKYE EQUIPMENT, Asheboro, NC,
and their request to amend the Conditional District Permit on 7.83 acres at
5175 NC Hwy 49 S, Concord Township, Tax ID #7618281985, Secondary
Growth Area, LI-CD - Light Industrial - Conditional District. The proposed
amendment to the Conditional Zoning District would specifically allow for
wholesale/retail sales and rentals of heavy equipment and on-road trucks
including a repair garage. Property Owner: ACBC, LLC.
Caddle presented the last rezoning case of the night, the request of Skye
Equipment, Asheboro, NC.
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Pell opened the public hearing.
Jeff Branson, the applicant, said that he wanted to change the conditions to be able
to buy equipment and that he would obtain a dealer's license from the State.
Pell asked if there were any questions from the Planning Board.
Hearing none, Pell closed the public hearing.
On the motion of Davis, seconded by Beeson, with a vote of 7-0, the Planning Board
voted to approve the request with the motions contained in the Planning Board
packet.
REQUIRED UPDATES TO THE RANDOLPH COUNTY WATERSHED
PROTECTION ORDINANCE
Updates to the Randolph County Watershed Protection Ordinance are
required due to changes made by the North Carolina Environmental
Management Commission. These changes are necessary to
keep the Randolph County Unified Development Ordinance, Article 800:
Watershed Protection Ordinance compliant.
Caddle presented the updates to the Randolph County Watershed Protection
Ordinance. She stated that the State agencies had reviewed the Ordinance and it
needs some changes to clarify the rules.
Cable stated that Caddle described the changes clearly and that staff had worked on
the updates for several months.
On the motion of Cable, seconded by Thompson, with a vote of 7-0, the Planning
Board voted to recommend approval by the Board of County Commissioners.
7. Update from the Planning Director.
There were no updates from the Planning Director.
8. Adjournment.
Pell stated that Thompson is now a regular member of the Planning Board and that he
wanted to thank the Planning staff for all of their hard work.
Pell also introduced the new alternate member, Nick Mooney, from the Ramseur area.
At 8:14 p.m. on motion of Cable, seconded by Hedrick, the Board voted 7-0 to adjourn.
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________________________________
Chairman
________________________________
Clerk to the Planning Board
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Exhibit #1
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CASE SUMMARY FOR
SPECIAL USE REQUEST #2025-00022003
The Randolph County Planning Board will hold a duly published and notified quasi-judicial
hearing on the request by DAVID LEE ALBRIGHT, Ramseur, NC, and their request to
obtain a Special Use Permit at 4505 Hinshaw Town Rd, Coleridge Township, Tax ID
#7699920623, 17.22 acres, RA - Residential Agricultural District. The applicant desires
to obtain a Special Use Permit to specifically allow a third residence for family.
ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE
SWORN IN BEFORE GIVING TESTIMONY.
Page 225 of 365
OATH FOR QUASI-JUDICIAL HEARINGS
(Special Use Permit Request,
Variances or Appeals)
NORTH CAROLINA RANDOLPH COUNTY
Before opening the public hearing on a case, the
Chair must administer an oath or affirmation to those
wishing to speak on a specific case. (This oath is
specified in NCGS 11-11.)
The Chair should say,
“The Planning Board will now hear testimony for and
against this request. Anyone wishing to testify on this
request must come forward and take the oath. Only
those taking the oath may give testimony for this
request.
“Do you swear, or affirm, that the evidence you shall
give to the Board in this action shall be the truth, the
whole truth, and nothing but the truth, so help you,
God.”
Page 226 of 365
PARCEL INFORMATION:
ZONING INFORMATION:
Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT
Zoning District 2:
Zoning District 3:
Specialty District: N/A
Watershed Name: NONE
Class A Flood Plain On Prop?: NO
3710769900JFlood Plane Map #:
Total Permit Fee: $250.00
COMMENTS:
The undersigned owner/applicant do hereby make application for a SPECIAL USE PERMIT as required by the
Randolph Couty Zoning Ordinance. By making this application the owner/applicants acknowledge that no work
may be done pursuant to a Special Use Permit issued by the County Planning Board except in accordance with all
conditions that may be imposed by the Board. It is also acknowledged that any restrictions or conditions imposed
shall be binding on the owner/applicants and their successors in interest.
SPECIAL USE REQUESTED: TO ALLOW A 3RD RESIDENCE FOR FAMILY
Signature of Applicant:
Melissa Burkhart
Authorized County Official
Applicant: ALBRIGHT, DAVID LEE
City, St. Zip: RAMSEUR, NC 27316
Address: 4505 HINSHAW TOWN RD
Owner: ALBRIGHT, DAVID LEE
Address: 4505 HINSHAW TOWN RD
City, St. Zip: SEAGROVE, NC 27341
Permit #: 2025-00022003
Parcel #: 7699920623
Date: 01/29/2025
Location Address: 4505 HINSHAW TOWN RD
RAMSEUR, NC 27316
Permit Type Code: PZ 3
CONTACT
NAME:ALBRIGHT, DAVID Contact Phone:336 736-9908
NATHAN ALBRIGHT EST2 & 5
Acreage: Township:17.2200 05 - COLERIDGE
Subdivsion: Lot number:
SPECIAL USE PERMIT APPLICATION Page: 1 of 1
- LOCAL TELEPHONE NUMBER -
Asheboro: (336) 318-6555 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov
COUNTY OF RANDOLPH
Department of Planning & Development
204 E Academy St - Asheboro NC 27204
SPECIAL USE PERMIT APPLICATION
Page 227 of 365
The information contained in this map comes from the best available public data sources. Users should consult the primary data source.
Application #
2025-00022003
Albright Special Use Request
T
O
M
M
Y
C
O
X
R
D
H I N S H A W T O W N R D
RA
RM
1 inch equals 400 feetThis property is located in the Secondary Growth Area.
Page 228 of 365
The information contained in this map comes from the best available public data sources. Users should consult the primary data source.
Application #
2025-00022003
Albright Special Use Request
1 inch equals 400 feetThis property is located in a Secondary Growth Area.
Page 229 of 365
COUNTY OF RANDOLPH
SPECIAL USE PERMIT REMINDERS
A Special Use Permit is a quasi-judicial action designated by the Randolph County Board
of Commissioners to the Randolph County Planning Board. Special Use Permits only
allow the specified use and the Randolph County Planning Board must find the following
findings of fact:
1. The use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as
submitted and approved;
2. The use meets all required conditions and specifications as outlined
in the Randolph County Unified Development Ordinance;
3. The use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity; and
4. The location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in
which it is to be located and in general conformity with the Randolph
County Unified Development Ordinance.
Only testimony by “expert witnesses” that can prove their status as an expert witness can
be considered by the Planning Board for approving or denying a Special Use Permit.
In granting the Special Use Permit, the Planning Board may designate only those
conditions as authorized by the North Carolina General Statutes. Any conditions shall be
agreed to by the applicant or property owner in writing before the vote of the Planning
Board for the conditions to be enforceable.
When denying a Special Use Permit, the Board Member making the motion to deny
the request should cite which of the above required findings of facts were NOT met.
Page 230 of 365
COUNTY OF RANDOLPH
ORDER Choose the decision. SPECIAL USE PERMIT
IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT
BY DAVID LEE ALBRIGHT
SPECIAL USE REQUEST #2025-00022003
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
Having heard all the evidence and argument presented at the hearing on March 4, 2025,
the Randolph County Planning Board finds that the application is complete, that the
application complies with all of the applicable requirements of the Randolph County
Unified Development Ordinance for the development proposed, and that therefore the
application to make use of the property located at 4505 Hinshaw Town Rd for the purpose
indicated is hereby Choose the decision., subject to all applicable provisions of the
Randolph County Unified Development Ordinance.
HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH
COUNTY PLANNING BOARD Choose the decision. THE APPLICATION FOR A
SPECIAL USE PERMIT FOR DAVID LEE ALBRIGHT BASED UPON THE
FOLLOWING:
1. That the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved. This
conclusion is based on the following FINDINGS OF FACT:
Click here to enter findings of fact.
2. That the use meets all required conditions and specifications. This conclusion is
based on the following FINDINGS OF FACT:
Click here to enter findings of fact.
3. That the use will not substantially injure the value of adjoining or abutting property,
or that the use is a public necessity. This conclusion is based on the following
FINDINGS OF FACT:
Click here to enter findings of fact.
4. That the location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be located
and in general conformity with the Growth Management Plan for Randolph County.
This conclusion is based on the following FINDINGS OF FACT:
Page 231 of 365
Click here to enter findings of fact.
IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special
Use Permit to be issued in its name and the property owners do hereby accept this
Special Use Permit, together with all its conditions as binding on them and their
successors in interest.
Adopted on March 4, 2025.
_____________________________________
Chair, Randolph County Planning Board
ATTEST
_______________________________
Kimberly J. Heinzer,
Clerk to the Randolph County Planning Board
Page 232 of 365
MOTION TO APPROVE SPECIAL USE PERMIT
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
“I make the motion to APPROVE this Special Use Permit
request on the specified parcel(s) on the Special Use Permit
application, based upon the sworn witness testimony that is
included in the minutes, as well as the site plan(s) with any
and all agreed-upon revisions, and that the use will not
materially endanger the public health or safety, the use
meets all required conditions and specifications, the use will
not substantially injure the value of adjoining property, that
the use is a public necessity and the location and character
of the use if developed according to the plan(s) as
submitted and approved, will be in harmony with the area
and in general conformity with the Randolph County Unified
Development Ordinance.”
If making a second to the motion, please change to say, “I
second the motion . . .” and continue reading the rest of the
motion.
Page 233 of 365
MOTION TO DENY SPECIAL USE PERMIT
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
“I make the motion to DENY this Special Use Permit request
on the specified parcel(s) on the Special Use Permit
application, based upon the sworn witness testimony that is
included in the minutes, as well as the site plan(s) with any
and all agreed-upon revisions, and that the use may
materially endanger the public health or safety, or the use
does not meet all required conditions and specifications, or
the use may substantially injure the value of adjoining
property, that the use is not a public necessity and the
location and character of use if developed according to the
plan(s) as submitted and approved, or will not be in
harmony with the area and in general conformity with the
Randolph County Unified Development Ordinance.”
If making a second to the motion, please change to say, “I
second the motion . . .” and continue reading the rest of the
motion.
Page 234 of 365
CASE SUMMARY FOR
SPECIAL USE REQUEST #2025-00022004
The Randolph County Planning Board will hold a duly published and notified quasi-judicial
hearing on the request by JORDAN DAVIS MCCULLEN, Asheboro, NC, and their
request to obtain a Special Use Permit at 3582 NC Hwy 134, Union Township, Tax ID
#7657239488, 5.4 acres, RA - Residential Agricultural District. The applicant desires to
obtain a Special Use Permit to specifically allow an automotive repair shop.
ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE
SWORN IN BEFORE GIVING TESTIMONY.
Page 235 of 365
OATH FOR QUASI-JUDICIAL HEARINGS
(Special Use Permit Request,
Variances or Appeals)
NORTH CAROLINA RANDOLPH COUNTY
Before opening the public hearing on a case, the
Chair must administer an oath or affirmation to those
wishing to speak on a specific case. (This oath is
specified in NCGS 11-11.)
The Chair should say,
“The Planning Board will now hear testimony for and
against this request. Anyone wishing to testify on this
request must come forward and take the oath. Only
those taking the oath may give testimony for this
request.
“Do you swear, or affirm, that the evidence you shall
give to the Board in this action shall be the truth, the
whole truth, and nothing but the truth, so help you,
God.”
Page 236 of 365
PARCEL INFORMATION:
ZONING INFORMATION:
Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT
Zoning District 2:
Zoning District 3:
Specialty District: N/A
Watershed Name: NONE
Class A Flood Plain On Prop?: NO
3710764600JFlood Plane Map #:
Total Permit Fee: $250.00
COMMENTS:SIGNED APPLICATION IN FILE
The undersigned owner/applicant do hereby make application for a SPECIAL USE PERMIT as required by the
Randolph Couty Zoning Ordinance. By making this application the owner/applicants acknowledge that no work
may be done pursuant to a Special Use Permit issued by the County Planning Board except in accordance with all
conditions that may be imposed by the Board. It is also acknowledged that any restrictions or conditions imposed
shall be binding on the owner/applicants and their successors in interest.
SPECIAL USE REQUESTED: TO ALLOW AN AUTOMOTIVE REPAIR SHOP
Signature of Applicant:
Melissa Burkhart
Authorized County Official
Applicant: MCCULLEN, JORDAN DAVIS
City, St. Zip: ASHEBORO, NC 27205
Address: 3582 NC HWY 134
Owner: MCCULLEN, JORDAN DAVIS
Address: 3582 NC HWY 134
City, St. Zip: ASHEBORO, NC 27205
Permit #: 2025-00022004
Parcel #: 7657239488
Date: 01/30/2025
Location Address: 3582 NC HWY 134
ASHEBORO, NC 27205
Permit Type Code: PZ 3
CONTACT
NAME:MCCULLEN, JORDAN DAVIS Contact Phone:336 906-7382
Acreage: Township:5.4000 20 - UNION
Subdivsion: Lot number:
SPECIAL USE PERMIT APPLICATION Page: 1 of 1
- LOCAL TELEPHONE NUMBER -
Asheboro: (336) 318-6555 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov
COUNTY OF RANDOLPH
Department of Planning & Development
204 E Academy St - Asheboro NC 27204
SPECIAL USE PERMIT APPLICATION
Page 237 of 365
The information contained in this map comes from the best available public data sources. Users should consult the primary data source.
Application #
2025-00022004
McCullen Special Use Request
F
O
G
G
Y
M
T
N
R
D
M E R E D I T H C T R Y R D
NC
HWY
134
RA
RR
RM
1 inch equals 359 feetThis property is located in a Secondary Growth Area.
Page 238 of 365
The information contained in this map comes from the best available public data sources. Users should consult the primary data source.
Application #
2025-00022004
McCullen Special Use Request
1 inch equals 200 feetThis property is located in a Secondary Growth Area.
Page 239 of 365
COUNTY OF RANDOLPH
SPECIAL USE PERMIT REMINDERS
A Special Use Permit is a quasi-judicial action designated by the Randolph County Board
of Commissioners to the Randolph County Planning Board. Special Use Permits only
allow the specified use and the Randolph County Planning Board must find the following
findings of fact:
1. The use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as
submitted and approved;
2. The use meets all required conditions and specifications as outlined
in the Randolph County Unified Development Ordinance;
3. The use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity; and
4. The location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in
which it is to be located and in general conformity with the Randolph
County Unified Development Ordinance.
Only testimony by “expert witnesses” that can prove their status as an expert witness can
be considered by the Planning Board for approving or denying a Special Use Permit.
In granting the Special Use Permit, the Planning Board may designate only those
conditions as authorized by the North Carolina General Statutes. Any conditions shall be
agreed to by the applicant or property owner in writing before the vote of the Planning
Board for the conditions to be enforceable.
When denying a Special Use Permit, the Board Member making the motion to deny
the request should cite which of the above required findings of facts were NOT met.
Page 240 of 365
COUNTY OF RANDOLPH
ORDER Choose the decision. SPECIAL USE PERMIT
IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT
BY JORDAN DAVIS MCCULLEN
SPECIAL USE REQUEST #2025-00022004
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
Having heard all the evidence and argument presented at the hearing on March 4, 2025,
the Randolph County Planning Board finds that the application is complete, that the
application complies with all of the applicable requirements of the Randolph County
Unified Development Ordinance for the development proposed, and that therefore the
application to make use of the property located at 3582 NC Hwy 134 for the purpose
indicated is hereby Choose the decision., subject to all applicable provisions of the
Randolph County Unified Development Ordinance.
HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH
COUNTY PLANNING BOARD Choose the decision. THE APPLICATION FOR A
SPECIAL USE PERMIT FOR JORDAN DAVIS MCCULLEN BASED UPON THE
FOLLOWING:
1. That the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved. This
conclusion is based on the following FINDINGS OF FACT:
Click here to enter findings of fact.
2. That the use meets all required conditions and specifications. This conclusion is
based on the following FINDINGS OF FACT:
Click here to enter findings of fact.
3. That the use will not substantially injure the value of adjoining or abutting property,
or that the use is a public necessity. This conclusion is based on the following
FINDINGS OF FACT:
Click here to enter findings of fact.
4. That the location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be located
and in general conformity with the Growth Management Plan for Randolph County.
This conclusion is based on the following FINDINGS OF FACT:
Page 241 of 365
Click here to enter findings of fact.
IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special
Use Permit to be issued in its name and the property owners do hereby accept this
Special Use Permit, together with all its conditions as binding on them and their
successors in interest.
Adopted on March 4, 2025.
_____________________________________
Chair, Randolph County Planning Board
ATTEST
_______________________________
Kimberly J. Heinzer,
Clerk to the Randolph County Planning Board
Page 242 of 365
MOTION TO APPROVE SPECIAL USE PERMIT
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
“I make the motion to APPROVE this Special Use Permit
request on the specified parcel(s) on the Special Use Permit
application, based upon the sworn witness testimony that is
included in the minutes, as well as the site plan(s) with any
and all agreed-upon revisions, and that the use will not
materially endanger the public health or safety, the use
meets all required conditions and specifications, the use will
not substantially injure the value of adjoining property, that
the use is a public necessity and the location and character
of the use if developed according to the plan(s) as
submitted and approved, will be in harmony with the area
and in general conformity with the Randolph County Unified
Development Ordinance.”
If making a second to the motion, please change to say, “I
second the motion . . .” and continue reading the rest of the
motion.
Page 243 of 365
MOTION TO DENY SPECIAL USE PERMIT
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
“I make the motion to DENY this Special Use Permit request
on the specified parcel(s) on the Special Use Permit
application, based upon the sworn witness testimony that is
included in the minutes, as well as the site plan(s) with any
and all agreed-upon revisions, and that the use may
materially endanger the public health or safety, or the use
does not meet all required conditions and specifications, or
the use may substantially injure the value of adjoining
property, that the use is not a public necessity and the
location and character of use if developed according to the
plan(s) as submitted and approved, or will not be in
harmony with the area and in general conformity with the
Randolph County Unified Development Ordinance.”
If making a second to the motion, please change to say, “I
second the motion . . .” and continue reading the rest of the
motion.
Page 244 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 1 of 5
RANDOLPH COUNTY TECHNICAL REVIEW COMMITTEE
REPORT AND MAP AMENDMENT EVALUATION
APPLICATION #2024-00020484
The Randolph County Planning Board will hold a duly published and notified legislative
hearing on the request by LEE DAVIDSON, Asheboro, NC, and their request to rezone
.91-acres on Glendale Dr and West Mine St, Asheboro Township, Tax ID #7750127185
and #7750128325, Primary Growth Area, from RE - Residential Exclusive District to RM
- Residential Mixed District. The applicant desires to rezone the property to allow any
uses allowed by right in the RM - Residential Mixed District.
GENERAL INFORMATION
Property Owner: Mark E. Davidson and Krista C. Davidson
Trip One Investments, LLC
Hearing Type: Legislative
Small Area Plan: None
Flood Plain Overlay: None
Airport Overlay: Yes
Existing Use: Vacant
SITE INFORMATION AND SURROUNDING LAND USES
Direction Adjacent Zoning Adjacent Land Use
North RE - Residential Exclusive
District Vacant
South RE - Residential Exclusive
District Residential-Duplex
East RE - Residential Exclusive
District Residential-Single family
West RE - Residential Exclusive
District Residential-Duplex
Page 245 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 2 of 5
TRANSPORTATION INFORMATION
Information from North Carolina Department of Transportation (NCDOT):
No comments have been received from NC Department of Transportation.
ZONING INFORMATION
Zoning History: The proposed parcels to be rezoned were previously located
in the City of Asheboro ETJ jurisdiction which became
Randolph County zoning jurisdiction in 2013.
Proposed Zoning District Standards from the Randolph County Unified
Development Ordinance, Article 600, Section 613 (ex. Fencing, buffers, etc.):
RM: RESIDENTIAL MIXED DISTRICT
PURPOSE
The purpose of the Residential Mixed (RM) District is to provide a place for
residential uses of all types including single-family residences, multi-family
residences, manufactured home parks, and Class A, B, or C manufactured
housing. Requests for higher-intensity residential use are considered through
standards established in this Ordinance and found to be consistent, reasonable,
and in the public interest with the Randolph County Growth Management Plan.
DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE
Lot size with a minimum of 100 ft. of
State road frontage for single unit
40,000 sq. ft.
Water Quality Critical Area: 80,000 sq. ft.
Lot size with less than 100 ft. of
State road frontage 5 acres
Lot width 100 ft. at the building line
Front setback 35 ft. from any road right-of-way
Corner side setback 35 ft. from any road right-of-way
Side setback 10 ft. from any side property line
Rear setback 30 ft. from the rear property line
DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES
Road setback 20 ft. from any road right-of-way
Property line setback 5 ft. from any property line
DIMENSIONAL STANDARDS NOTES
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.
Page 246 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 3 of 5
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 Rural Growth Areas are 3 acres.
6. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio.
7. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres.
8. 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.
Possible allowed uses in the RM - Residential Mixed District include the following from
the Randolph County Unified Development Ordinance:
RM – Residential Mixed District Uses
1. Accessory uses;
2. Agricultural uses;
3. Athletic fields, recreation buildings, playgrounds, swim, and racquet clubs
(no commercial gain);
4. Auction sales, temporary, one-time use;
5. Cemetery;
6. Churches and their customary uses including childcare on-premises;
7. Clubs and loges, private, non-profit;
8. Community centers, public or private non-profit, for assembly and
recreation;
9. Daycare facility (freestanding);
10. Family care home;
11. Fire, sheriff, and emergency services;
12. Golf courses;
13. Home occupations;
14. Mobile home on individual lot Class A, B, or C;
15. Mobile home on individual lot Class A;
16. Mobile home on individual lot Class A or B;
17. Mobile home in major subdivision Class A or B;
18. Mobile home in minor subdivision Class A;
19. Mobile home in minor subdivision Class A or B;
20. Modular home, conventional;
21. Modular home, on-frame;
22. Multi-family residence;
23. Pottery and manufacturing and sales;
24. Residence, apartments, condominiums;
25. Residence, duplex;
26. Residence, single-family detached;
27. Residence, townhouse;
28. Residential solar collector;
29. Rooming house;
30. Sign, on-premise;
Page 247 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 4 of 5
31. Solar energy residential use;
32. Subdivisions, Minor (Residential);
33. Temporary buildings, incidental to the development; and
34. Temporary healthcare structures.
TECHNICAL REVIEW COMMITTEE ANALYSIS AND RECOMMENDATION
The Technical Review Committee has reviewed this request finds that this request:
• Meets all technical requirements of both the Ordinance and the Plan;
• Is consistent, reasonable, and in the public interest; and
• Should be APPROVED by the Randolph County Planning Board.
The following policies from the Randolph County Growth Management Plan were
identified by the Technical Review Committee as supporting the above conclusion.
Policy 2.6 – Workforce Housing Development and Mixed Uses:
d) Randolph County encourages a range of housing opportunities to meet the
needs of all ages and income levels.
Consistency Analysis: The surrounding housing of the parcels shows ranges of housing
from single-family residences to multi-family residences.
Randolph County Board of Commissioners Resolution, Item #3: Ensure the
opportunity for landowners to achieve the highest and best uses of their land that are
consistent with growth management policies in order to protect the economic viability of
the County’s citizens and tax base.
Consistency Analysis: By approving this request, the Board will be allowing the
“landowner to achieve the highest and best use” and continue the development patterns
that have been established in the part of the County.
Reasonableness and Public Interest Analysis: The policies listed above illustrate how
this request is consistent with the Ordinance, the Plan, and applicable General Statutes.
It should be noted that this recommendation is only the opinion of the
Technical Review Committee based on information supplied by the applicant
before the public hearing. Additional information provided at the public
hearing could cause the Planning Board to either accept or reject these
recommendations.
Page 248 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 5 of 5
Page 249 of 365
PARCEL INFORMATION:
ZONING INFORMATION:
Zoning District 1: RE-RESIDENTIAL EXCLUSIVE DISTRICT
Zoning District 2:
Zoning District 3:
Specialty District: MUNICIPAL AIRPORT OVERLAY DISTRICT
Watershed Name: NONE
Class A Flood Plain On Prop?: NO
Flood Plain Map #: 3710775000J
Growth Management Areas:MUNICIPAL GROWTH AREA
Flood Plane Map #:
Total Permit Fee: $250.00
COMMENTS:
REQUESTED CHANGE:
The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as
allowed by the Randolph County Zoning Ordinance.
Area To Be Rezoned: 0.9100
Lot Size Indicator: ACRE(S)
Proposed Zoning District: RM-RESIDENTIAL MIXED DISTRICT
Proposed Use(S):
Condition(S):
Applicant: DAVIDSON, LEE
City, St. Zip: ASHEBORO, NC 27203
Address: 200 WORTH ST , STE G
Owner: DAVIDSON, MARK E
Address: 109 SHANNON RD
City, St. Zip: ASHEBORO, NC 27203
Permit #: 2024-00020484
Parcel #: 7750127185
Date: 11/08/2024
Location Address:
Permit Type Code: PZ 2
CONTACT NAME:DAVIDSON, LEE Contact Phone:336 460-
LAMBERT HEIGHTS MP34
Acreage: Township:0.4600 01 - ASHEBORO
Subdivsion: Lot number:
Melissa Burkhart
Authorized County Official Signature of Applicant:
APPLICATION FOR ZONING CHANGE Page: 1 of 1
- LOCAL TELEPHONE NUMBER -
Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov
COUNTY OF RANDOLPH
Department of Planning & Zoning
204 E Academy St - Asheboro NC 27204
APPLICATION FOR ZONING CHANGE
Page 250 of 365
The information contained in this map comes from the best available public data sources. Users should consult the primary data source.
Application #
2024-00020484
Davidson Zoning Change Request
W MINE ST
LA
M
B
E
R
T
D
R
MY
R
T
L
E
S
T
GLENDALE DR
RE
1 inch equals 125 feetThis property is located in a Primary Growth Area.
Page 251 of 365
The information contained in this map comes from the best available public data sources. Users should consult the primary data source.
Application #
2024-00020484
Davidson Zoning Change Request
W MINE ST
LA
M
B
E
R
T
D
R
MY
R
T
L
E
S
T
GLENDALE DR
1 inch equals 100 feetThis property is located in a Primary Growth Area.
Page 252 of 365
COUNTY OF RANDOLPH
CONSISTENCY DETERMINATION AND
FINDING OF REASONABLENESS AND PUBLIC INTEREST
IN THE MATTER OF THE APPLICATION FOR REZONING
BY LEE DAVIDSON
REZONING REQUEST #2024-00020484
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
According to North Carolina General Statutes § 160D and the Randolph County Unified
Development Ordinance, the Randolph County Planning Board finds that the proposed
zoning district map amendments to RM - Residential Mixed District as described in the
application of Lee Davidson are consistent with the Randolph County Unified
Development Ordinance and the Randolph County Growth Management Plan and are
reasonable and in the public interest for the following reasons:
1. Determination of Consistency with the Growth Management Plan.
A. Consistency with Growth Management Plan Map
The Randolph County Growth Management Plan map shows the parcels to be
rezoned in an area designated as Primary Growth Area which generally lie along
major transportation corridors and have access to urban services. These parcels
are within a mile of Asheboro City limits and Interstate 73/74 which is a major
transportation corridor.
B. Consistency with Growth Policies in the Growth Management Plan
Policy 2.6 – Workforce Housing Development and Mixed Uses:
d) Randolph County encourages a range of housing opportunities to meet the
needs of all ages and income levels.
Consistency Analysis: The surrounding housing of the parcels shows ranges of
housing from single-family residences to multi-family residences.
Randolph County Board of Commissioners Resolution, Item #3: Ensure the
opportunity for landowners to achieve the highest and best uses of their land that
are consistent with growth management policies in order to protect the economic
viability of the County’s citizens and tax base.
Page 253 of 365
Consistency Analysis: By approving this request, the Board will be allowing the
“landowner to achieve the highest and best use” and continue the development
patterns that have been established in the part of the County.
2. Statement of Reasonableness and Public Interest
Reasonableness and Public Interest Analysis:
The policies listed above illustrate how this request is consistent with the
Ordinance, the Plan, and applicable General Statutes.
Adopted on March 4, 2025.
_____________________________________
Chair, Randolph County Planning Board
ATTEST
_______________________________
Kimberly J. Heinzer,
Clerk to the Randolph County Planning Board
Page 254 of 365
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA UPON REQUEST BY LEE DAVIDSON
WHEREAS, a .91-acres parcels, having the Randolph County Parcel Identification
Numbers of 7750127185 and 7750128325 is currently zoned RE - Residential Exclusive
District by Randolph County, North Carolina;
WHEREAS, the Randolph County Planning Board has conducted a duly noticed public
hearing on March 4, 2025, to consider the proposed rezoning on application number
2024-00020484, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning
is consistent with the Randolph County Unified Development Ordinance and the
Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING
BOARD THAT, the property is hereby rezoned to RM - Residential Mixed District. The
official Randolph County Zoning Map and the Randolph County Growth Management
Plan Map are hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption.
Adopted on March 4, 2025.
_____________________________________ Chair, Randolph County Planning Board
ATTEST
_______________________________
Kimberly J. Heinzer, Clerk to the Randolph County Planning Board
Page 255 of 365
MOTION TO APPROVE
A REZONING
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
“I make the motion to APPROVE this rezoning
request to rezone the specified parcel(s) on the
rezoning application and the Map Amendment
Ordinance, to the requested zoning district based
upon the Determination of Consistency and
Findings of Reasonableness and Public Interest
statements that are included in the Planning Board
agenda, submitted during the rezoning 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.”
If making a second to the motion, please change to
say, “I second the motion . . .” and continue reading
the rest of the motion.
Page 256 of 365
MOTION TO DENY
A REZONING
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
“I make the motion to DENY this rezoning request to
rezone the specified parcel(s) on the rezoning
application to the requested zoning district based
upon the Determination of Consistency and
Findings of Reasonableness and Public Interest
statements that are included in the Planning Board
agenda, submitted during the rezoning presentation
and as may be amended, incorporated into the
motion, to be included in the minutes and that the
request is not consistent with the Randolph County
Growth Management Plan.”
If making a second to the motion, please change to
say, “I second the motion . . .” and continue reading
the rest of the motion.
Page 257 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 1 of 5
RANDOLPH COUNTY TECHNICAL REVIEW COMMITTEE
REPORT AND MAP AMENDMENT EVALUATION
APPLICATION #2025-00022001
The Randolph County Planning Board will hold a duly published and notified legislative
hearing on the request by CREEK HILL INVESTMENTS, LLC, Lexington, NC, and their
request to rezone 85.18-acres on the corner of Thayer Rd and Skeens Mill Rd,
Tabernacle Township, Tax ID #7703890660, Rural Growth Area, from RA - Residential
Agricultural District to RLOE-CD - Rural Lot Subdivision Overlay Exclusive - Conditional
District. The proposed Conditional Zoning District would specifically allow a thirteen-lot
subdivision for conventional modular homes and site built homes.
GENERAL INFORMATION
Property Owner: Creek Hill Investments LLC
Hearing Type: Legislative
Small Area Plan: None
Flood Plain Overlay: Yes
Airport Overlay: None
Existing Use: Vacant
SITE INFORMATION AND SURROUNDING LAND USES
Direction Adjacent Zoning Adjacent Land Use
North RA - Residential
Agricultural District Vacant
South RM - Residential Mixed
District Residential-Single family
East RA - Residential
Agricultural District Residential-Single family
West RA - Residential
Agricultural District
Residential-Single family
and Vacant
Page 258 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 2 of 5
TRANSPORTATION INFORMATION
Information from North Carolina Department of Transportation (NCDOT):
The NC Department of Transportation will require driveway permits to be obtained and
suggest the proposed lots 2-7 have shared driveways.
ZONING INFORMATION
Zoning History: There is no history of a rezoning, Variance or Special Use
Permit at the request location.
Proposed Zoning District Standards from the Randolph County Unified
Development Ordinance, Article 600, Section 614 (ex. Fencing, buffers, etc.):
RLO: RURAL LOT SUBDIVISION OVERLAY DISTRICT
(1) PURPOSE AND USES PERMITTED
The purpose of the Rural Lot Subdivision Overlay District is to create
a development option where subdivided residential lots, because of
their size, offer opportunities for preserving unique and sensitive
environmental features, as well as the scenic and historic character
of areas. Rural Lot Subdivisions offer to maximize infiltration of
precipitation to a private well water field to ensure sustainable well
water supplies. Housing characteristics within the RLO district will be
designated Exclusive (RLOE), Restricted (RLOR), or Mixed (RLOM)
in conformance with other major subdivision zoning districts.
This district is primarily designed for Rural Growth Areas as reflected
in the Randolph County Growth Management Plan.
The Rural Lot Subdivision Overlay District shall be considered as an
overlay district to the existing zoning districts. Uses permitted within
the underlying district shall be permitted provided they meet the
requirements within the overlay zone subject to the restrictions
provided by this section.
(2) RURAL LOT SUBDIVISION DEVELOPMENT STANDARDS
Lot sizes for any lots in a Rural Lot Subdivision shall be a minimum
of three acres. The lots shall not have a lot depth-to-lot width ratio
greater than four times the width at the minimum front street setback.
Lots in Rural Lot Subdivisions are prohibited against further
subdivisions.
(3) SITING ON PUBLIC ROADWAYS AND ADJACENT RURAL ZONING DISTRICTS
Page 259 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 3 of 5
Rural lot subdivisions shall be sited in such a way as to be not fully
visible from the primary thoroughfare. Natural features such as tree
stands and slight rises in topography shall be retained to afford a
rural landscape to adjoining residential zoning districts and existing
roads.
(4) DEVELOPMENT CONSIDERATIONS
Preserve scenic views and elements of Randolph County’s rural
character by minimizing perceived density by minimizing views of
new development from existing roads using natural buffers and open
space.
(a) Preserve open land, including those areas that contain
unique and sensitive features such as natural areas,
streams, wetlands, and flood plains.
(b) Minimize site disturbance and erosion through the
retention of existing vegetation.
(c) New driveway connections shall be designed in a way
to minimize new locations on existing public roads.
(d) Site plans shall be submitted to reduce stormwater
impact by designing new development in a manner that
minimizes concentrated stormwater flows using as a
minimum vegetated buffer area.
(e) The development shall be designed to limit disturbance
in the following areas:
(i) Land within a floodway;
(ii) Wetlands;
(iii) Groundwater recharge areas; or
(iv) Critical ecological areas.
Page 260 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 4 of 5
The Technical Review Committee did note that the property along Skeens Mill Rd has
been recently clear-cut so a 35 ft. buffer will need to be replanted per the Randolph
County Unified Development Ordinance, Article 600, Section 618, note number five.
TECHNICAL REVIEW COMMITTEE ANALYSIS AND RECOMMENDATION
The Technical Review Committee has reviewed this request and finds that this request:
• Meets all technical requirements of both the Ordinance and the Plan;
• Is consistent, reasonable, and in the public interest; and
• Should be APPROVED by the Randolph County Planning Board.
The following policies from the Randolph County Growth Management Plan were
identified by the Technical Review Committee as supporting the above conclusion.
Policy 2.4 – Residential Development Not Supported by Public Utilities:
a) Major subdivision development which does not have access to either central water or
sewage facilities should locate in areas where soil and geological characteristics are
conducive to the long-term support of on-site systems such as well and septic systems.
Consistency Analysis: As the proposed subdivision does not have access to central
water or sewage the soils and geological characteristics in this area must be of the quality
that allows the long-term support of the system system and well.
Policy 2.5 – Residential Development in Rural Neighborhoods:
The protection of viable rural neighborhoods should be encouraged by compatible
residential development to ensure the continued existence as a major housing source
and as a reflection of the long-term quality of life in Randolph County.
Consistency Analysis: Most of the residences in the area as shown on the Development
Impact Analysis are site-built homes and manufactured homes. This proposal, if
approved, would protect the existing rural neighborhood by allowing for compatible
housing characteristics.
Reasonableness and Public Interest Analysis: The policies listed above illustrate how
this request is consistent with the Ordinance, the Plan, and applicable General Statutes.
The parcel in this rezoning request is subject to the Conditions agreed upon between the
property owner and the Planning Board. These Conditions will limit the amount and type
of development on the property reducing the impact on adjoining parcels. The proposed
use will also increase the tax base and increase economic activity within the County.
Page 261 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 5 of 5
It should be noted that this recommendation is only the opinion of the
Technical Review Committee based on information supplied by the applicant
before the public hearing. Additional information provided at the public
hearing could cause the Planning Board to either accept or reject these
recommendations.
Page 262 of 365
PARCEL INFORMATION:
ZONING INFORMATION:
Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT
Zoning District 2:
Zoning District 3:
Specialty District: N/A
Watershed Name: NONE
Class A Flood Plain On Prop?: YES
Flood Plain Map #: 3710770200J
Growth Management Areas:RURAL GROWTH AREA
Flood Plane Map #:
Total Permit Fee: $250.00
COMMENTS:
REQUESTED CHANGE:
The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as
allowed by the Randolph County Zoning Ordinance.
Area To Be Rezoned: 85.1800
Lot Size Indicator: ACRE(S)
Proposed Zoning District: RLOE-CD-RURAL LOT SUBDIVISION OVERLAY EXCLUSIVE
CONDITIONAL DISTRICT
Proposed Use(S): TO ALLOW 13 LOT SUBDIVISION FOR MODULAR HOMES OR
SITE BUILT HOME AS PER THE SITE PLAN
Condition(S):
Applicant: CREEK HILL INVESTMENTS LLC
City, St. Zip: LEXINGTON, NC 27295
Address: 1118 LINGLE FARM RD
Owner: CREEK HILL INVESTMENTS LLC
Address: 1118 LINGLE FARM RD
City, St. Zip: LEXINGTON, NC 27295
Permit #: 2025-00022001
Parcel #: 7703890660
Date: 01/06/2025
Location Address:
Permit Type Code: PZ 2
CONTACT NAME:CREEK HILL INVESTMENTS LLC Contact Phone:336 247-2503
CRISSIE M YOWNEW 3
Acreage: Township:85.1800 18 - TABERNACLE
Subdivsion: Lot number:
Timothy Mangum
Authorized County Official Signature of Applicant:
APPLICATION FOR ZONING CHANGE Page: 1 of 1
- LOCAL TELEPHONE NUMBER -
Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov
COUNTY OF RANDOLPH
Department of Planning & Zoning
204 E Academy St - Asheboro NC 27204
APPLICATION FOR ZONING CHANGE
Page 263 of 365
The information contained in this map comes from the best available public data sources. Users should consult the primary data source.
Application #
2025-00022001
Creek Hill Investment Zoning Change Request
V
I
CKREYD R
T H A Y E R R D
CASHAT T RD
K
O
O
N
C
E
D
R
S
K
E
E
N
S
M
I
L
L
R
D
U
w
h
a
r
ri
e
R
i
v
e
r
RA
RM
RR
RR-CD
1 inch equals 803 feetThis property is located in a Rural Growth Area.
Page 264 of 365
Page 265 of 365
The information contained in this map comes from the best available public data sources. Users should consult the primary data source.
Application #
2025-00022001
Creek Hill Investment Zoning Change Request
VICKREYD R
CAS H A T T R D
CL
ARATHOMASDR
K
O
O
N
C
E
D
R
T H A Y E R R D
S
K
E
E
N
S
M
I
L
L
R
D
1 inch equals 600 feetThis property is located in a Rural Growth Area.
Page 266 of 365
Page 1 of 3 Development Impact Analysis February 11, 2025
DEVELOPMENT IMPACT ANALYSIS
County of Randolph, North Carolina
Department of Planning & Zoning
204 E Academy Street, Asheboro, NC 27203 (336) 318-6555 planning@randolphcountync.gov
Development policies outlined in the Randolph County Growth Management Plan are specifically designed to encourage
long-term planning among property owners, developers, and the County. The Development Impact Analysis is a summary of this Plan and its use will increase public awareness of the relationship of growth, rural environmental impacts, and the
capacity of local government to provide adequate public facilities based on future land use demands. The information
contained in the Development Impact Analysis comes from the best available public data sources and the application submitted by the developer/surveyor.
Preliminary Plat Name: Creek Hill, LLC
Application Information
Application Number: 2025-00022001 Applicant: Owner of Record: Name: Creek Hill Investments, LLC Name: Creek Hill Investments, LLC E-mail: creekhillllc@yahoo.com E-mail: creekhillllc@yahoo.com
Phone: 336 247-2503 Phone: 336 247-2503
Property Description
Parcel: 7703890660 Township: Tabernacle Growth Management Area: Rural Growth Area
Existing Zoning: RA - Residential Agricultural District
Existing conditions:
Waterway Description
Does the site contain:
• Streams or rivers? Yes
• Flood zone? Yes
• Watershed area? Lake Reese
Project Description
(If appropriate, attach a letter outlining in detail, the scope of the request.)
Subdivision type: ............................................................................. Site built and conventional modular
Page 267 of 365
Page 2 of 3 Development Impact Analysis February 11, 2025
Requested zoning district ... RLOR-CD - Rural Lot Subdivision Overlay Restricted - Conditional District Total acreage of development: ............................................................................................. 85.18 acres
Total number of building lots: .............................................................................................................. 13 Total acreage of proposed open space (if applicable): .......................................................... 0.00 acres
Is the 1:4 ratio maintained for Rural Growth Areas? ......................................................................... Yes
Public Utility Impact
Are public utilities available and if so, who is the provider?
• Water source: No
• Sewer source: No
Public Education Impact (Provided by the Boards of Education)
School system: Randolph County Schools School impacted DPI Capacity Current Membership Impact
Tabernacle Elementary 646 298 3
Uwharrie Middle 732 383 2
Southwestern Randolph High 970 761 1
Traffic Analysis Impact (Provided by NCDOT GIS data services)
Road(s) directly accessed by development: Road name Speed limit Average daily traffic count
Thayer Rd 55 mph 150
Condition of the road accessed by the development: Good
The proposed development with 13 lots will generate an additional 78 total vehicle trips per day. Does the North Carolina Department of Transportation require a turning lane? No
Housing and Community Impacts (Within one mile of the proposal)
Total number of site-built homes ...................................................................................................... 127 Total number of mobile homes ......................................................................................................... 207 Total number of acres .................................................................................................... 2,979.01 acres
Page 268 of 365
Page 3 of 3 Development Impact Analysis February 11, 2025
Average acreage ................................................................................................................... 5.69 acres Total acreage in tax-deferred farms ............................................................................... 1,268.87 acres
Community Land Uses: Commercial Farming Forestry Industrial Residential Church facilities
Youth Camp:
Agricultural Impact (Within One mile of the proposal)
Are all well minimum setback lines noted on the plat? N/A
Farm operations that begin after the development of a major residential subdivision must
abide by the 100 ft. waste setback rule on the farm property.
Other Materials Submitted
Preliminary approval from NCDOT District Engineer’s Office
Buffer site plan
Land Clearing Debris Plan Open Space Uses and maintenance agreements, if applicable Proposed deed restrictions Soil analysis
Soil erosion plan, stormwater management plan, etc.
Other:
Page 269 of 365
COUNTY OF RANDOLPH
CONSISTENCY DETERMINATION AND
FINDING OF REASONABLENESS AND PUBLIC INTEREST
IN THE MATTER OF THE APPLICATION FOR REZONING
BY CREEK HILL INVESTMENTS, LLC
REZONING REQUEST #2025-00022001
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
According to North Carolina General Statutes § 160D and the Randolph County Unified
Development Ordinance, the Randolph County Planning Board finds that the proposed
zoning district map amendments to RLOE-CD - Rural Lot Subdivision Overlay Exclusive
- Conditional District as described in the application of Creek Hill Investments, LLC are
consistent with the Randolph County Unified Development Ordinance and the Randolph
County Growth Management Plan and are reasonable and in the public interest for the
following reasons:
1. Determination of Consistency with the Growth Management Plan.
A. Consistency with Growth Management Plan Map
The Randolph County Growth Management Plan map for the southeast area
shows the parcel to be rezoned in an area designated as Rural Growth Area which
generally is characterized by traditional agricultural operations, pasture land,
forestry, rural lot residential subdivisions, and open space scattered on vacant
large tracts of land.
B. Consistency with Growth Policies in the Growth Management Plan
Policy 2.4 – Residential Development Not Supported by Public Utilities:
a) Major subdivision development which does not have access to either central
water or sewage facilities should locate in areas where soil and geological
characteristics are conducive to the long-term support of on-site systems such as
well and septic systems.
Consistency Analysis: As the proposed subdivision does not have access to
central water or sewage the soils and geological characteristics in this area must
be of the quality that allows the long-term support of the system system and well.
Policy 2.5 – Residential Development in Rural Neighborhoods:
Page 270 of 365
The protection of viable rural neighborhoods should be encouraged by compatible
residential development to ensure the continued existence as a major housing
source and as a reflection of the long-term quality of life in Randolph County.
Consistency Analysis: Most of the residences in the area as shown on the
Development Impact Analysis are site-built homes and manufactured homes. This
proposal, if approved, would protect the existing rural neighborhood by allowing
for compatible housing characteristics.
2. Statement of Reasonableness and Public Interest
Reasonableness and Public Interest Analysis:
The policies listed above illustrate how this request is consistent with the
Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning
request is subject to the Conditions agreed upon between the property owner and
the Planning Board. These Conditions will limit the amount and type of
development on the property reducing the impact on adjoining parcels. The
proposed use will also increase the tax base and increase economic activity within
the County.
Adopted on March 4, 2025.
_____________________________________
Chair, Randolph County Planning Board
ATTEST
_______________________________
Kimberly J. Heinzer,
Clerk to the Randolph County Planning Board
Page 271 of 365
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA UPON REQUEST BY CREEK HILL INVESTMENTS, LLC
WHEREAS, a 85.18-acres parcel, having the Randolph County Parcel Identification
Number of 7703890660 is currently zoned RA - Residential Agricultural District by Randolph County, North Carolina;
WHEREAS, the Randolph County Planning Board has conducted a duly noticed public
hearing on March 4, 2025, to consider the proposed rezoning on application number
2025-00022001, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning
is consistent with the Randolph County Unified Development Ordinance and the
Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING
BOARD THAT, the property is hereby rezoned to RLOE-CD - Rural Lot Subdivision
Overlay Exclusive - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map are hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption.
Adopted on March 4, 2025.
_____________________________________ Chair, Randolph County Planning Board
ATTEST
_______________________________
Kimberly J. Heinzer, Clerk to the Randolph County Planning Board
Page 272 of 365
MOTION TO APPROVE
A CONDITIONAL DISTRICT REZONING
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
“I make the motion to APPROVE this rezoning request to
rezone the specified parcel(s) on the rezoning application
and the Map Amendment Ordinance, to the requested
zoning district based upon the Determination of
Consistency and Findings of Reasonableness and
Public Interest statements that are included in the
Planning Board agenda, submitted during the rezoning
presentation and as may be amended, incorporated into the
motion, to be included in the minutes, as well as the site
plan(s) with any and all agreed-upon revisions, also
incorporated into the motion and that the request is also
consistent with the Randolph County Growth Management
Plan.”
If making a second to the motion, please change to say, “I
second the motion . . .” and continue reading the rest of the
motion.
Page 273 of 365
MOTION TO DENY
A CONDITIONAL DISTRICT REZONING
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
“I make the motion to DENY this rezoning request to rezone
the specified parcel(s) on the rezoning application to the
requested zoning district based upon the Determination of
Consistency and Findings of Reasonableness and
Public Interest statements that are included in the
Planning Board agenda, submitted during the rezoning
presentation and as may be amended, incorporated into the
motion, to be included in the minutes, as well as the site
plan(s) with any and all agreed-upon revisions, also
incorporated into the motion and that the request is not
consistent with the Randolph County Growth Management
Plan.”
If making a second to the motion, please change to say, “I
second the motion . . .” and continue reading the rest of the
motion.
Page 274 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 1 of 4
RANDOLPH COUNTY TECHNICAL REVIEW COMMITTEE
REPORT AND MAP AMENDMENT EVALUATION
APPLICATION #2025-00022005
The Randolph County Planning Board will hold a duly published and notified legislative
hearing on the request by TERAMORE DEVELOPMENT, LLC, Salisbury, NC, and their
request to rezone 1.90-acres out of 9.77-acres located on the corner of Bulb Rd and Old
421 Rd, Liberty Township, Tax ID #8708847337, Primary Growth Area, from RA -
Residential Agricultural District and RR - Residential Restricted District to LC - CD -
Limited Commercial - Conditional District. The proposed Conditional Zoning District would
specifically allow for retail sales as per the site plan.
GENERAL INFORMATION
Property Owner: Tim’s Farm and Forestry , LLC
Hearing Type: Legislative
Small Area Plan: None
Flood Plain Overlay: None
Airport Overlay: None
Existing Use: Vacant
614
SITE INFORMATION AND SURROUNDING LAND USES
Direction Adjacent Zoning Adjacent Land Use
North RA - Residential
Agricultural District Residential-Single family
South
HI-CD - Heavy Industrial -
Conditional District andRR
- Residential Restricted
District
Toyota Battery
Manufacturing Facility and
Residential-Single family
East RA - Residential
Agricultural District Residential-Single family
Page 275 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 2 of 4
West RA - Residential
Agricultural District Residential-Single family
TRANSPORTATION INFORMATION
Information from North Carolina Department of Transportation (NCDOT):
The NC Department of Transportation will require a driveway permit to be obtained.
ZONING INFORMATION
Zoning History: There is no history of a rezoning, Variance or Special Use
Permit at the request location.
Proposed Zoning District Standards from the Randolph County Unified
Development Ordinance, Article 600, Section 613 (ex. Fencing, buffers, etc.):
LC: LIMITED COMMERCIAL DISTRICT
PURPOSE
The purpose of the Limited Commercial (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.
DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE
Lot size with a minimum of 100 ft. of
State road frontage
40,000 sq. ft.
Water Quality Critical Area: 80,000 sq. ft.
Lot size with less than 100 ft. of
State road frontage 5 acres
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 30 ft. from the rear property line
DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES
Road setback 20 ft. from any road right-of-way
Page 276 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 3 of 4
Property line setback 5 ft. from any property line
DIMENSIONAL STANDARDS NOTES
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.
TECHNICAL REVIEW COMMITTEE ANALYSIS AND RECOMMENDATION
The Technical Review Committee has reviewed this request finds that this request:
• Meets all technical requirements of both the Ordinance and the Plan;
• Is consistent, reasonable, and in the public interest; and
• Should be APPROVED by the Randolph County Planning Board.
The following policies from the Randolph County Growth Management Plan were
identified by the Technical Review Committee as supporting the above conclusion.
Policy 5.1- Diversification of Economy:
Encourage new and expanding industries and businesses which diversifies the local
economy by utilizing a more highly skilled labor force which increases area residents’
income and increases the tax base.
Consistency Analysis: The property is located along Old 421 Rd where expansion of
diverse businesses are encouraged.
Policy 5.5 – Balancing Economic Growth with Quality of Life and Environmental
Health :
The benefits of economic development and employment opportunities should be
balanced against the surrounding effects such development may have on the quality of
life enjoyed by area residents and the health of the environment.
Consistency Analysis: The proposed rezoning of the property would be balanced by
employment opportunities and quality of life for surrounding residents and also allow
expansion of industrial and commercially zoned properties in this area.
Page 277 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 4 of 4
Reasonableness and Public Interest Analysis: The policies listed above illustrate how
this request is consistent with the Ordinance, the Plan, and applicable General Statutes.
The parcel in this rezoning request is subject to the Conditions agreed upon between the
property owner and the Planning Board. These Conditions will limit the amount and type
of development on the property reducing the impact on adjoining parcels. The proposed
use will also increase the tax base and increase economic activity within the County.
It should be noted that this recommendation is only the opinion of the
Technical Review Committee based on information supplied by the applicant
before the public hearing. Additional information provided at the public
hearing could cause the Planning Board to either accept or reject these
recommendations.
Page 278 of 365
PARCEL INFORMATION:
ZONING INFORMATION:
Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT
Zoning District 2: RR-RESIDENTIAL RESTRICTED DISTRICT
Zoning District 3:
Specialty District: N/A
Watershed Name: NONE
Class A Flood Plain On Prop?: NO
Flood Plain Map #: 3710870800K
Growth Management Areas:PRIMARY GROWTH AREA
Flood Plane Map #:
Total Permit Fee: $250.00
COMMENTS:
REQUESTED CHANGE:
The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as
allowed by the Randolph County Zoning Ordinance.
Area To Be Rezoned: 1.9000
Lot Size Indicator: ACRE(S)
Proposed Zoning District: LC-CD-LIMITED COMMERCIAL - CONDITIONAL DISTRICT
Proposed Growth Mgmt Change:
Proposed Use(S): RETAIL SALES AS PER SITE PLAN
Condition(S):
Applicant: TERAMORE DEVELOPMENT, LLC
City, St. Zip: SALISBURY, NC 28144
Address: 214 KLUMAC RD, SUITE 101
Owner: TIM'S FARM & FORESTRY, LLC
Address: 7157 BOBBY JEAN RD
City, St. Zip: JULIAN, NC 27283
Permit #: 2025-00022005
Parcel #: 8708847337
Date: 01/31/2025
Location Address:
Permit Type Code: PZ 2
CONTACT NAME:ALMAZAN, DANIEL Contact Phone:704 202-0091
Acreage: Township:9.7700 11 - LIBERTY
Subdivsion: Lot number:
Melissa Burkhart
Authorized County Official Signature of Applicant:
APPLICATION FOR ZONING CHANGE Page: 1 of 1
- LOCAL TELEPHONE NUMBER -
Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov
COUNTY OF RANDOLPH
Department of Planning & Zoning
204 E Academy St - Asheboro NC 27204
APPLICATION FOR ZONING CHANGE
Page 279 of 365
The information contained in this map comes from the best available public data sources. Users should consult the primary data source.
Application #
2025-00022005
Teramore Zoning Change Request
JULIAN AIRPORTRD
B
U
L
B
R
D OLD 421 RD
RR
RA
RM
HC
HI-CD
1 inch equals 297 feetThis property is located in a Primary Growth Area.
Page 280 of 365
Page 281 of 365
The information contained in this map comes from the best available public data sources. Users should consult the primary data source.
Application #
2025-00022005
Teramore Zoning Change Request
JULIANAIRPORTRD
B
U
L
B
R
D OLD 421 RD
1 inch equals 250 feetThis property is located in a Primary Growth Area.
Page 282 of 365
COUNTY OF RANDOLPH
CONSISTENCY DETERMINATION AND
FINDING OF REASONABLENESS AND PUBLIC INTEREST
IN THE MATTER OF THE APPLICATION FOR REZONING
BY TERAMORE DEVELOPMENT, LLC
REZONING REQUEST #2025-00022005
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
According to North Carolina General Statutes § 160D and the Randolph County Unified
Development Ordinance, the Randolph County Planning Board finds that the proposed
zoning district map amendments to HC-CD - Highway Commercial - Conditional District
as described in the application of Teramore Development, LLC are consistent with the
Randolph County Unified Development Ordinance and the Randolph County Growth
Management Plan and are reasonable and in the public interest for the following reasons:
1. Determination of Consistency with the Growth Management Plan.
A. Consistency with Growth Management Plan Map
The Randolph County Growth Management Plan map for the southeast area
shows the parcel to be rezoned in an area designated as Primary Growth Area
which generally lie along major transportation corridors and have access to urban
services. This parcel is along Old 421 Rd and is within a mile of US Hwy 421 which
is a major transportation corridor.
B. Consistency with Growth Policies in the Growth Management Plan
Policy 5.1- Diversification of Economy:
Encourage new and expanding industries and businesses which diversifies the
local economy by utilizing a more highly skilled labor force which increases area
residents’ income and increases the tax base.
Consistency Analysis: The property is located along Old 421 Rd where
expansion of diverse businesses is encouraged.
Policy 5.5 – Balancing Economic Growth with Quality of Life and
Environmental Health :
The benefits of economic development and employment opportunities should be
balanced against the surrounding effects such development may have on the
quality of life enjoyed by area residents and the health of the environment.
Page 283 of 365
Consistency Analysis: The proposed rezoning of the property would be balanced
by employment opportunities and quality of life for surrounding residents and also
allow expansion of industrial and commercially zoned properties in this area.
2. Statement of Reasonableness and Public Interest
Reasonableness and Public Interest Analysis:
The policies listed above illustrate how this request is consistent with the
Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning
request is subject to the Conditions agreed upon between the property owner and
the Planning Board. These Conditions will limit the amount and type of
development on the property reducing the impact on adjoining parcels. The
proposed use will also increase the tax base and increase economic activity within
the County.
Adopted on March 4, 2025.
_____________________________________
Chair, Randolph County Planning Board
ATTEST
_______________________________
Kimberly J. Heinzer,
Clerk to the Randolph County Planning Board
Page 284 of 365
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA UPON REQUEST BY TERAMORE DEVELOPMENT, LLC
WHEREAS, a 1.9-acres portion of a 9.77-acres parcel, having the Randolph County
Parcel Identification Number of 8708847337 is currently zoned RA - Residential
Agricultural District and RR - Residential Restricted Districtby Randolph County, North Carolina;
WHEREAS, the Randolph County Planning Board has conducted a duly noticed public
hearing on March 4, 2025, to consider the proposed rezoning on the application number
2025-00022005, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning
is consistent with the Randolph County Unified Development Ordinance and the
Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING
BOARD THAT, the property is hereby rezoned to LC-CD - Limited Commercial -
Conditional District. The official Randolph County Zoning Map and the Randolph County
Growth Management Plan Map are hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption.
Adopted on March 4, 2025.
_____________________________________ Chair, Randolph County Planning Board
ATTEST
_______________________________
Kimberly J. Heinzer, Clerk to the Randolph County Planning Board
Page 285 of 365
MOTION TO APPROVE
A CONDITIONAL DISTRICT REZONING
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
“I make the motion to APPROVE this rezoning request to
rezone the specified parcel(s) on the rezoning application
and the Map Amendment Ordinance, to the requested
zoning district based upon the Determination of
Consistency and Findings of Reasonableness and
Public Interest statements that are included in the
Planning Board agenda, submitted during the rezoning
presentation and as may be amended, incorporated into the
motion, to be included in the minutes, as well as the site
plan(s) with any and all agreed-upon revisions, also
incorporated into the motion and that the request is also
consistent with the Randolph County Growth Management
Plan.”
If making a second to the motion, please change to say, “I
second the motion . . .” and continue reading the rest of the
motion.
Page 286 of 365
MOTION TO DENY
A CONDITIONAL DISTRICT REZONING
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
“I make the motion to DENY this rezoning request to rezone
the specified parcel(s) on the rezoning application to the
requested zoning district based upon the Determination of
Consistency and Findings of Reasonableness and
Public Interest statements that are included in the
Planning Board agenda, submitted during the rezoning
presentation and as may be amended, incorporated into the
motion, to be included in the minutes, as well as the site
plan(s) with any and all agreed-upon revisions, also
incorporated into the motion and that the request is not
consistent with the Randolph County Growth Management
Plan.”
If making a second to the motion, please change to say, “I
second the motion . . .” and continue reading the rest of the
motion.
Page 287 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 1 of 4
RANDOLPH COUNTY TECHNICAL REVIEW COMMITTEE
REPORT AND MAP AMENDMENT EVALUATION
APPLICATION #2025-00022006
The Randolph County Planning Board will hold a duly published and notified legislative
hearing on the request by ACE AVANT REAL PROPERTY COMPANY, Archdale, NC,
and their request to rezone 2.89-acres on Poole Rd, New Market Township, Randleman
Lake Protected Area Watershed, Tax ID #7737247771, Primary Growth Area, from RA -
Residential Agricultural District and RM - Residential Mixed District to HC-CD - Highway
Commercial - Conditional District. The proposed Conditional Zoning District would
specifically allow a convenience store with fueling and EV charging with 39.77% SNIA
per the site plan.
GENERAL INFORMATION
Property Owner: Ace Avant Real Property Company
Hearing Type: Legislative
Small Area Plan: None
Flood Plain Overlay: None
Airport Overlay: None
Existing Use: Vacant
SITE INFORMATION AND SURROUNDING LAND USES
Direction Adjacent Zoning Adjacent Land Use
North
RBO-CD - Rural Business
Overlay - Conditional
District
Ace Avant Concrete
Construction
South RA - Residential
Agricultural District Vacant
East RA - Residential
Agricultural District Vacant
West RA - Residential Residential-Single family
Page 288 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 2 of 4
Agricultural District
TRANSPORTATION INFORMATION
Information from North Carolina Department of Transportation (NCDOT):
The NC Department of Transportation will require a driveway permit to be obtained and
prefers only one entrance to the site.
ZONING INFORMATION
Zoning History: There is no history of a rezoning, Variance or Special Use
Permit at the request location.
Proposed Zoning District Standards from the Randolph County Unified
Development Ordinance, Article 600, Section 613 (ex. Fencing, buffers, etc.):
HC: HIGHWAY COMMERCIAL DISTRICT
PURPOSE
The purpose of the Highway Commercial (HC) District is to provide a place in
which the principal use of land is for the retailing of durable goods, the provision
of commercial services to industrial areas, and the provision of services to
tourists.
DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE
Lot size with a minimum of 100 ft. of
State road frontage
40,000 sq. ft.
Water Quality Critical Area: 80,000 sq. ft.
Lot size with less than 100 ft. of
State road frontage 5 acres
Lot width 100 ft. at building line
Front setback 35 ft. from any road right-of-way
Corner side setback 35 ft. from any road right-of-way
Side setback 10 ft. from any side property line
Rear setback 30 ft. from the rear property line
DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES
Road setback 20 ft. from any road right-of-way
Property line setback 5 ft. from any property line
DIMENSIONAL STANDARDS NOTES
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.
Page 289 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 3 of 4
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 Rural Growth Areas are 3 acres.
6. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio.
7. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres.
8. 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.
TECHNICAL REVIEW COMMITTEE ANALYSIS AND RECOMMENDATION
The Technical Review Committee has reviewed this request finds that this request:
• Meets all technical requirements of both the Ordinance and the Plan;
• Is consistent, reasonable, and in the public interest; and
• Should be APPROVED by the Randolph County Planning Board.
The following policies from the Randolph County Growth Management Plan were
identified by the Technical Review Committee as supporting the above conclusion.
Policy 5.5 – Balancing Economic Growth with Quality of Life and Environmental
Health :
The benefits of economic development and employment opportunities should be
balanced against the surrounding effects such development may have on the quality of
life enjoyed by area residents and the health of the environment.
Consistency Analysis: The proposed rezoning of the property would be balanced by
employment opportunities and quality of life for surrounding residents and also allow
expansion of industrial and commercially zoned properties in this area.
Randolph County Board of Commissioners Resolution, Item #3:
Ensure the opportunity for landowners to achieve the highest and best uses of their land
that are consistent with growth management policies in order to protect the economic
viability of the County’s citizens and tax base.
Consistency Analysis: By approving this request, the Board will be allowing the
“landowner to achieve the highest and best use” and continue the development patterns
that have been established in the part of the County.
Reasonableness and Public Interest Analysis: The policies listed above illustrate how
this request is consistent with the Ordinance, the Plan, and applicable General Statutes.
The parcel in this rezoning request is subject to the Conditions agreed upon between the
Page 290 of 365
Technical Review Committee Report and Map Amendment Evaluation Page 4 of 4
property owner and the Planning Board. These Conditions will limit the amount and type
of development on the property reducing the impact on adjoining parcels. The proposed
use will also increase the tax base and increase economic activity within the County.
It should be noted that this recommendation is only the opinion of the
Technical Review Committee based on information supplied by the applicant
before the public hearing. Additional information provided at the public
hearing could cause the Planning Board to either accept or reject these
recommendations.
Page 291 of 365
PARCEL INFORMATION:
ZONING INFORMATION:
Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT
Zoning District 2: RM-RESIDENTIAL MIXED DISTRICT
Zoning District 3:
Specialty District: N/A
Watershed Name: RANDLEMAN LAKE WATERSHED
Class A Flood Plain On Prop?: NO
Flood Plain Map #: 3710773700J
Growth Management Areas:PRIMARY GROWTH AREA
Flood Plane Map #:
Total Permit Fee: $250.00
COMMENTS:
REQUESTED CHANGE:
The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as
allowed by the Randolph County Zoning Ordinance.
Area To Be Rezoned: 2.8900
Lot Size Indicator: ACRE(S)
Proposed Zoning District: HC-CD-HIGHWAY COMMERCIAL CONDITIONAL DISTRICT
Proposed Growth Mgmt Change:
Proposed Use(S): CONVENIENCE STORE WITH FUELING AND EV CHARGING
WITH 39.77% SNIA AS PER THE SITE PLAN
Condition(S):
Applicant: ACE AVANT REAL PROPERTY COMPANY
LLC
City, St. Zip: ARCHDALE, NC 27263
Address: 5358 POOLE RD
Owner: ACE AVANT REAL PROPERTY COMPANY
LLCAddress: 5358 POOLE RD
City, St. Zip: ARCHDALE, NC 27263
Permit #: 2025-00022006
Parcel #: 7737247771
Date: 01/31/2025
Location Address:
Permit Type Code: PZ 2
CONTACT NAME:SOMERO, MICHAEL Contact Phone:336 442-3323
Acreage: Township:2.8900 13 - NEW MARKET
Subdivsion: Lot number:
Melissa Burkhart
Authorized County Official Signature of Applicant:
APPLICATION FOR ZONING CHANGE Page: 1 of 1
- LOCAL TELEPHONE NUMBER -
Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov
COUNTY OF RANDOLPH
Department of Planning & Zoning
204 E Academy St - Asheboro NC 27204
APPLICATION FOR ZONING CHANGE
Page 292 of 365
The information contained in this map comes from the best available public data sources. Users should consult the primary data source.
Application #
2025-00022006
Ace Avant Zoning Change Request
POOLE RD EXT
CEDAR S
Q
U
A
R
E
R
D
MO
B
I
L
E
D
R
I74
W
BONRAM P C E D A RSQUARE
RD
I
7
4
E
B
E
X
I
T
R
A
M
P
C
E
D
A
R
S
Q
U
A
R
E
R
D
POOLE RD
IN
T
E
R
S
T
A
T
E
H
W
Y
74
RBO-CD
RA
LI
RM
1 inch equals 250 feetThis property is located in a Primay Growth Area.
Page 293 of 365
The information contained in this map comes from the best available public data sources. Users should consult the primary data source.
Application #
2025-00022006
Ace Avant Zoning Change Request
C E D A R S Q U A R E R D
IN
T
E
R
S
T
A
T
E
H
W
Y
7
4
POOLE RD
1 inch equals 125 feetThis property is located in a Primary Growth Area.
Page 294 of 365
Page 295 of 365
COUNTY OF RANDOLPH
CONSISTENCY DETERMINATION AND
FINDING OF REASONABLENESS AND PUBLIC INTEREST
IN THE MATTER OF THE APPLICATION FOR REZONING
BY ACE AVANT REAL PROPERTY COMPANY
REZONING REQUEST #2025-00022006
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
According to North Carolina General Statutes § 160D and the Randolph County Unified
Development Ordinance, the Randolph County Planning Board finds that the proposed
zoning district map amendments to HC-CD - Highway Commercial - Conditional District
as described in the application of Ace Avant Real Property Company are consistent
with the Randolph County Unified Development Ordinance and the Randolph County
Growth Management Plan and are reasonable and in the public interest for the following
reasons:
1. Determination of Consistency with the Growth Management Plan.
A. Consistency with Growth Management Plan Map
The Randolph County Growth Management Plan map for the southeast area
shows the parcel to be rezoned in an area designated as Primary Growth Area
which generally lie along major transportation corridors and have access to urban
services. This parcel is along Interstate Hwy 74 which is a major transportation
corridor.
B. Consistency with Growth Policies in the Growth Management Plan
Policy 5.5 – Balancing Economic Growth with Quality of Life and
Environmental Health :
The benefits of economic development and employment opportunities should be
balanced against the surrounding effects such development may have on the
quality of life enjoyed by area residents and the health of the environment.
Consistency Analysis: The proposed rezoning of the property would be balanced
by employment opportunities and quality of life for surrounding residents and also
allow expansion of industrial and commercially zoned properties in this area.
Randolph County Board of Commissioners Resolution, Item #3:
Page 296 of 365
Ensure the opportunity for landowners to achieve the highest and best uses of their
land that are consistent with growth management policies in order to protect the
economic viability of the County’s citizens and tax base.
Consistency Analysis: By approving this request, the Board will be allowing the
“landowner to achieve the highest and best use” and continue the development
patterns that have been established in the part of the County.
2. Statement of Reasonableness and Public Interest
Reasonableness and Public Interest Analysis:
The policies listed above illustrate how this request is consistent with the
Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning
request is subject to the Conditions agreed upon between the property owner and
the Planning Board. These Conditions will limit the amount and type of
development on the property reducing the impact on adjoining parcels. The
proposed use will also increase the tax base and increase economic activity within
the County.
Adopted on March 4, 2025.
_____________________________________
Chair, Randolph County Planning Board
ATTEST
_______________________________
Kimberly J. Heinzer,
Clerk to the Randolph County Planning Board
Page 297 of 365
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA UPON REQUEST BY ACE AVANT REAL PROPERTY COMPANY
WHEREAS, a 2.89-acres parcel, having the Randolph County Parcel Identification
Number of 7737247771 is currently zoned RA - Residential Agricultural District and RM -
Residential Mixed District by Randolph County, North Carolina;
WHEREAS, the Randolph County Planning Board has conducted a duly noticed public
hearing on March 4, 2025, to consider the proposed rezoning on application number
2025-00022006, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning
is consistent with the Randolph County Unified Development Ordinance and the
Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING
BOARD THAT, the property is hereby rezoned to HC-CD - Highway Commercial -
Conditional District. The official Randolph County Zoning Map and the Randolph County
Growth Management Plan Map are hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption.
Adopted on March 4, 2025.
_____________________________________ Chair, Randolph County Planning Board
ATTEST
_______________________________
Kimberly J. Heinzer, Clerk to the Randolph County Planning Board
Page 298 of 365
MOTION TO APPROVE
A CONDITIONAL DISTRICT REZONING
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
“I make the motion to APPROVE this rezoning request to
rezone the specified parcel(s) on the rezoning application
and the Map Amendment Ordinance, to the requested
zoning district based upon the Determination of
Consistency and Findings of Reasonableness and
Public Interest statements that are included in the
Planning Board agenda, submitted during the rezoning
presentation and as may be amended, incorporated into the
motion, to be included in the minutes, as well as the site
plan(s) with any and all agreed-upon revisions, also
incorporated into the motion and that the request is also
consistent with the Randolph County Growth Management
Plan.”
If making a second to the motion, please change to say, “I
second the motion . . .” and continue reading the rest of the
motion.
Page 299 of 365
MOTION TO DENY
A CONDITIONAL DISTRICT REZONING
NORTH CAROLINA RANDOLPH COUNTY
PLANNING BOARD
“I make the motion to DENY this rezoning request to rezone
the specified parcel(s) on the rezoning application to the
requested zoning district based upon the Determination of
Consistency and Findings of Reasonableness and
Public Interest statements that are included in the
Planning Board agenda, submitted during the rezoning
presentation and as may be amended, incorporated into the
motion, to be included in the minutes, as well as the site
plan(s) with any and all agreed-upon revisions, also
incorporated into the motion and that the request is not
consistent with the Randolph County Growth Management
Plan.”
If making a second to the motion, please change to say, “I
second the motion . . .” and continue reading the rest of the
motion.
Page 300 of 365
http://www.randolphcountync.gov
RANDOLPH COUNTY
PLANNING AND ZONING
204 E Academy Street, Asheboro NC 27203 (336) 318-6555
M E M O R A N D U M
TO: Randolph County Planning Board
FROM: Randolph County Planning Staff DATE: March 4, 2025 SUBJECT: Watershed Protection Ordinance Update
Randolph County Planning and Zoning consistently seeks ways to enhance the lives of citizens and improve the services it provides Randolph County.
The Randolph County Watershed Protection Ordinance is a tool that allows staff to
provide the public with a framework to successfully utilize property within the designated watershed, while simultaneously protecting water quality and the environment. The proposed changes in Randolph County’s Watershed Protection Ordinance allow for
a slight increase in the amount of impervious surface allowed in watershed areas to more
closely match the State Model Watershed Ordinance. This update also adds clarity to the Ordinance, removes duplicate information, and addresses changes at the state level.
Page 301 of 365
ARTICLE 800: WATERSHED PROTECTION ORDINANCE
RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 321
ARTICLE 800: WATERSHED PROTECTION ORDINANCE
801: WATERSHED PROTECTION ORDINANCE
A. AUTHORITY AND ENACTMENT
The North Carolina General Assembly has, in Chapter 153A, Article 6,
Section 121, General Ordinance Making Power; and in Chapter 143, Article
21, Water and 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 the Randolph
County Watershed Protection Ordinance.
B. JURISDICTION
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. These provisions shall be applied throughout Randolph County
except in areas subject to the municipal planning and development
regulation jurisdiction.The watershed map and all explanatory matter
contained thereon accompany and are hereby made part of this Randolph
County Watershed Protection Ordinance.This Ordinance shall be
permanently kept on file in the office of the Clerk to the Randolph County
Board of Commissioners.
C. EXCEPTIONS TO APPLICABILITY
Nothing contained herein shall repeal, modify, or amend any Federal or
State law or regulation, or any ordinance or regulation pertaining thereto
except any ordinance 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 all ordinances, resolutions, and
regulations in effect in Randolph County at 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
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control.
Existing development, as defined in this Ordinance, is not subject to the
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 development is 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 Ordinance if 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 Ordinance shall 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);
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The current use of the property is nonresidential;
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. REPEAL OF EXISTING WATERSHED ORDINANCE
This Ordinance in part carries forward by re-enactment, some of the
Randolph County Watershed Protection Ordinance adopted by the
Randolph County Board of Commissioners on October 7, 1997, and as
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 Ordinance which 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 state or of
the United States, shall not be abated or abandoned by reason because of
the adoption of this Ordinance, but shall be prosecuted to their finality the
same as if this Ordinance had not been adopted; and all violations of the
existing Randolph County Watershed Protection Ordinance,prosecutions
for which have not yet been instituted, may be hereafter filed and
prosecuted; and nothing in this Ordinance shall 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.
E. CRIMINAL PENALTIES1
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. REMEDIES
If any subdivision, development, and/or land use is found to violate this
Ordinance, the Randolph County Board of Commissioners may, in addition
to all other remedies available either in law or in equity, institute a civil
penalty of $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.
1 Water quality rules are found in NCGS 143 so it is possible that additional criminal penalties may apply.
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Also, the North Carolina Environmental Management Commission may
assess civil penalties under NCGS 143-215.6(a). Each day that the violation
continues shall constitute a separate offense.
If the Watershed Administrator finds that any of the provisions of this
Ordinance are 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 Ordinance to 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.
G. SEVERABILITY
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.
H. EFFECTIVE DATE
This Ordinance shall take effect and be in force on the date of adoption of
the Randolph County Unified Development Ordinance,February 3,
2025____________.
802. SUBDIVISION REGULATIONS
A.GENERAL PROVISIONS
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.
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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.
B.SUBDIVISION APPLICATION AND REVIEW PROCEDURES
All proposed subdivisions shall be reviewed before recording with the
Randolph County Register of Deeds by submitting a vicinity map to the
Watershed Administrator to determine whether the 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 Ordinance and may be recorded provided the Watershed
Administrator initials the vicinity map. Subdivisions within a WS-IV
watershed are subject to the provisions of this Ordinance only when an
erosion and sedimentation plan is required under the provisions of State
law or an approved local program unless another stormwater program
applies. Subdivisions within the designated watershed area shall comply
with the provisions of this Ordinance and 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 Watershed Administrator shall take final action within forty-five days of
submission of the application. 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 concerning proposed
streets and highways;
(2) The director of Randolph County Public Health concerning the
proposed private water system or sewer systems normally
approved by Randolph County Public Health;
(3) The state Division of Water Resources concerning proposed
sewer systems normally approved by the Division;
(4) The State Division of Energy, Mineral and Land Resources
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concerning engineered stormwater controls or stormwater
management in general;
(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 Watershed Administrator:
Certificate of Approval for Recording
I certify that the plat shown herein complies with the Randolph County
Watershed Protection Ordinance and is approved by the Randolph County
Watershed Review Board for recording in the Randolph County Register of
Deeds Office.
_____________ ___________________________
Date Watershed 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 with the Randolph County Register 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 of recordation.
C.SUBDIVISION STANDARDS AND REQUIRED IMPROVEMENTS
All lots shall provide adequate building space with the development
standards contained in Article 803. Lots that are smaller than the minimum
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required for residential lots may be developed using built-upon area criteria
under Article 803.
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.
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 to minimize water quality
impacts, and meets any local requirements.
The application shall, where required, be accompanied by the
Sedimentation and Erosion Control Plan approved 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.CONSTRUCTION PROCEDURES
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 on record 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 plan with the Watershed
Administrator to provide for adequate inspection.
E. PENALTIES FOR TRANSFERRING LOTS IN UNAPPROVED SUBDIVISIONS
Any person who, being the owner or agent of the owner of any land located
within the jurisdiction of Randolph County, thereafter subdivides his land in
violation of this Ordinance or 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 Ordinance and
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 County may bring an action for
an injunction of any illegal subdivision, transfer, conveyance, or sale of land,
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and the court shall, upon appropriate findings, issue an injunction and order
requiring the offending party to comply with this Ordinance.
F. STORM WATER DRAINAGE FACILITIES
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: ESTABLISHMENT OF WATERSHED AREAS
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 Classification Watershed Type
WS-I Watershed One
WS-II-CA Watershed Two Critical Area
WS-II-BW Watershed Two Watershed Area
WS-III-CA Watershed Three Critical Area
WS-III-BW Watershed Three Watershed Area
WS-IV-CA Watershed Four Critical Area
WS-IV-PA Watershed Four Protected Area
WS-V Watershed Five
Table 23: Watershed Area Table
For this Ordinance, the following watershed falls into the appropriate classification and
allows the stated percent of impervious surface.DR
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CLASSIFICATION WATERSHED
PERCENT OF
IMPERVIOUS SURFACE
(LOW DENSITY)
WS-I n/a n/a
WS-II-CA
Back Creek
UT to Cedar Fork
Creek
Six percent
WS-II-BW
Back Creek
UT to Cedar Fork
Creek
Uwharrie River (Lake
Reese)
Twelve percent
WS-III-CA
Uwharrie River (Lake
Reese)
Polecat Creek
Sandy Creek
Twelve percent
WS-III-BW
Bear Creek (CPF)
Lake Reese
Polecat Creek
Rocky River
Sandy Creek
Twenty-four percent
WS-IV-CA Deep River
(Randleman Lake)Six percent
WS-IV-PA
Badin Lake
Big Alamance Lake
Deep River
(Randleman Lake)
Twelve percent
WS-V n/a n/a
Table 24: Randolph County Watershed Classifications
804: WATERSHED AREAS ALLOWED AND NON-ALLOWED USES
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.
ACTIVITY/USE
Agriculture1
Animal Operations2
Groundwater remediation project discharges3
Industrial waste 4
New industrial connections and expansions to existing
municipal discharge with pretreatment program pursuant to
15A NCA 02H .0904
New landfills
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ACTIVITY/USE
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
Nonpoint Source Pollution5
Non-process industrial waste
Non-residential Development6, 7
NPDES General or Individual Stormwater discharges 8
NPDES General Permit Wastewater discharges pursuant to
15A NCAC 02H .0127 8
NPDES Individual Permit trout farm discharges 8
Other wastes 4
Residential Development5
Sewage 4
Silviculture9
Table 25: Allowed and Non-Allowed Uses
Notes to Allowed and Non-Allowed Uses
1In 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.
2Deemed permitted, as defined in 15A NCAC 02T .0103 and permitted under 15A NCAC
2H .0217.
3Where no other practical alternative exists.
4Not allowed if activity(ies) has/hurt human health.
5NPS 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.
6See density requirements in 15A NCAC 02B .0624.
7See different allowed and not allowed in this table.
8Permitted pursuant to 15A NCAC 02B .0104.
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9Subject to Forest Practice Guidelines Related to Water Quality (02 NCAC 60C .0100 to
.0209) effective April 1, 2018.
805: WATERSHED AREAS: DENSITY AND BUILT-UPON LIMITS
A.PROJECT DENSITY
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
Water Supply
Classification
Location in the
Watershed
Maximum Allowable Project Density or Minimum
Lot Size
Low-Density Development High-Density
Development
WS-I
Not Applicable: Watershed shall remain underdeveloped except for the
following uses when they cannot be avoided: power transmission lines,
restricted access roads, and structures 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.
WS-II
Critical Area
One dwelling
unit per 80,000
sq. ft.
Six percent Six to twenty-
four percent
Balance of
Watershed
One dwelling
unit per 40,000
sq. ft.
Twelve percent Twelve to thirty
percent
WS-III
Critical Area
One dwelling
unit per 80,000
sq. ft.
Twelve percent Twelve to thirty
percent
Balance of
Watershed
One dwelling
unit per 40,000
sq. ft.
Twenty-four
percent
Twenty-four to
fifty percent
WS-IV
Critical Area
One dwelling
unit per 40,000
sq. ft.
Twelve Twenty-
four percent
Twenty-four to
fifty percent
Protected Area
One dwelling
unit per 80,000
sq. ft.
Six percent
Twenty-four
percent or thirty-
six percent
without curb and
gutter street
system
Six Twenty-four
to seventy
percent
WS-V Not Applicable
Table 26: Density and Built-Upon Limits
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806: CALCULATION OF PROJECT DENSITY
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 by the 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 density and built-upon area limits 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 density and built-upon area limits 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 wetlands according 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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LOW-DENSITY PROJECTS:
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 curbs 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.
HIGH-DENSITY PROJECTS:
Reserved
OPTIONS FOR IMPLEMENTING PROJECT DENSITY:
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 only allows 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 Option under 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
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 Option acreage;
c. Projects that are covered under the 10/70 Option shall 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;
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e. Randolph County having jurisdiction within a designated
water supply watershed may transfer, in whole or in part, its
right to the 10/70 land 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-upon area criteria averaged throughout
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: DENSITY AVERAGING
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.
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2. Overall project density meets applicable density or stormwater control
requirements under 15A NCAC 2N .0200.
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
a common area, conveyed to Randolph
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
the
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: CLUSTER DEVELOPMENT
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
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805. The density or built-upon area for the project shall not exceed that
allowed for the critical area or protected area, whichever applies.
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: VEGETATED SETBACKS REQUIRED
A minimum one-hundred-foot vegetative buffer (fifty feet on each side of perennial water)
is required 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 projects such as road crossings and greenways
where no practical alternative exists. These activities should minimize built-upon surface
area, direct runoff away from the surface waters, and maximize the utilization of
stormwater Best Management Practices. Any such development must obtain a Special
Use Permit from the Randolph County Watershed Review Board.
810: APPLICATION OF REGULATIONS
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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.
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: RULES GOVERNING THE INTERPRETATION OF WATERSHED
AREA BOUNDARIES
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 should be 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.
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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.
812: EXISTING DEVELOPMENT
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. USES OF LAND
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. RECONSTRUCTION OF BUILDINGS OR BUILT-UPON AREAS
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: WATERSHED PROTECTION PERMIT
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Except for a single-family residential development, no building on a built-upon area shall
be erected, moved, enlarged, or structurally altered, nor shall any building permit be
issued nor shall any change in the use of any building or land be made until a Watershed
Protection Permit has been issued by the 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: BUILDING PERMIT REQUIRED
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: WATERSHED PROTECTION OCCUPANCY PERMIT
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.
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If the Watershed Protection Occupancy Permit is denied, the Watershed Administrator
shall notify the applicant in writing stating the reasons for the denial.
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: PUBLIC HEALTH, IN GENERAL
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: ABATEMENT
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: WATERSHED ADMINISTRATOR AND DUTIES
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 seventy percent 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 for each
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: APPEAL FOR THE WATERSHED ADMINISTRATOR
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 approval for 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: CHANGES AND AMENDMENTS TO THE WATERSHED PROTECTION
ORDINANCE
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 of Energy,
Mineral, and Land Resources.
821: PUBLIC NOTICE AND HEARING REQUIRED
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: ESTABLISHMENT OF WATERSHED REVIEW BOARD
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.
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823: RULES OF CONDUCT FOR MEMBERS
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.
B2. 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
interest in 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.
C.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.
D.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.
E.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.
F.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: POWERS AND DUTIES OF THE WATERSHED REVIEW BOARD
A. ADMINISTRATIVE REVIEW
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. VARIANCES
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
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governments receiving notice of the variance request may
submit comments to the Watershed Administrator before a
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 not be 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) If the 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 preliminary record 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. SUBDIVISION APPROVAL
See Article 800, Section 802.
D. PUBLIC HEALTH
See Article 800, Sections 816 and 817.
E. APPROVAL OF ALL DEVELOPMENT GREATER THAN THE LOW-DENSITY OPTION.
825: APPEALS FROM THE WATERSHED REVIEW BOARD
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: RANDLEMAN LAKE WATERSHED RIPARIAN BUFFERS
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. PURPOSE
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 be defined
in Rule .0610 of 15A NCAC 02B.
B. APPLICABILITY
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. BUFFERS PROTECTED
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,
and additions 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. Before recommendation to the
North Carolina Environmental Management
Commission, the Division shall issue a thirty-day
under 15A 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. ON-SITE DETERMINATION
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-site determinations 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. EXEMPTION BASED ON ON-SITE DETERMINATION
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. EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING
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
and that 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 existing and 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) before April 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. EXEMPTION FOR PONDS CONSTRUCTED AND USED FOR AGRICULTURAL
PURPOSES
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. ZONES OF THE RIPARIAN BUFFER
The protected riparian buffer shall have two zones as follows:
(1)Zone 1 shall 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 1 shall 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 1 shall begin at the normal water
level and extend landward to thirty feet,
measured horizontally on a line perpendicular to
the surface water.
(2)Zone 2 shall 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 2 is allowed
provided that the height of the vegetation in Zone 1 is not
compromised. Zone 2 shall 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 1 and Zone 2 shall be fifty feet on all sides of the
surface water.
I. STORMWATER RUNOFF THROUGH THE RIPARIAN BUFFER
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:
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(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
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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. USES
Uses within 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) DEEMED ALLOWABLE
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) ALLOWABLE UPON AUTHORIZATION
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) ALLOWABLE WITH MITIGATION UPON AUTHORIZATION
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 under Item (L) of this rule.
(4) PROHIBITED
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.
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(5) ALLOWABLE WITH EXCEPTION
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. TABLE OF USES
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.
USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
Airport facilities:
Airport facilities that impact
equal to or less than one-
third of an acre of riparian
buffer.
Airport facilities that impact
greater than one-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.
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
Dam maintenance activities
that do cause additional
riparian buffer disturbances
beyond the footprint of the
existing dam.
Drainage of a pond subject 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)
Grading in only Zone 2 provided that
the health of existing vegetation in
Zone 1 is 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:
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
In Zone 2 provided that no
built-upon area is added
within the riparian buffer.
In Zone 1 provided 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 1 unless 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 1 unless there is no
practical alternative.
Historic preservation:
New landfills as 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 travel way
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.
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
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 access trail 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 modified by
impounding streams subject to
riparian buffers under Item (C)of this
Rule and not used as stormwater
control measures (SCMs):
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
New ponds provided that a
riparian buffer that meets the
requirements of Items (H)
and (I) of this Rule is
established adjacent to the
pond.
New ponds where a riparian
buffer that meets the
requirements of Items (H)
and (I) of this Rule is NOT
established adjacent to the
pond.
Protection of existing structures
and facilities when this requires
additional disturbances of the riparian
buffer.
Public safety or publicly owned
spaces where 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 debris if
Item (I)of this Rule is complied with
and any vegetation removed is
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
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
on the internet.2
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:
2 http://water.epa.gov/lawregs/guidance/wetlands/wetlandsmitigation_index.cfm
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
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 relocation of 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
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
Installation results in the
removal of vegetation in
Zone 1.
Stormwater Control Measure
(SCM)as defined in 15A NCAC 02H
.1002:
In Zone 2 if Item (I)of this
Rule is complied with
In Zone 1
Streambank or shoreline
stabilization:
Temporary roads provided 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 devices provided 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:
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
In Zone 2 only if the ground
cover is established within
the timeframes required by
the Sedimentation and
Erosion Control Act, the
vegetation in Zone 1 is not
compromised and that
discharge is under Item (I)of
this rule.
In Zone 1 and Zone 2 to
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
stabilization for 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:DR
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
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 2 impacts.
Zone 1 impacts: 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 1 impacts other than
those listed above.
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
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 1 impacts.
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 1 impacts.
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
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 1 impacts. 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 1 impacts.
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
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 2 impacts.
Zone 1 impacts 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 1 impacts 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 2 impacts.
Zone 1 impacts: 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 1 impacts 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:
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
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 1 impacts.)
Utilities: Non-sewer Underground
Lines:Impacts other than
perpendicular crossings if vegetation
can regenerate in disturbed areas
outside of the permanent
maintenance corridor:
Zone 2 impacts.
Zone 1 impacts 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 1 impacts 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:
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
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 water body 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.
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 2 only
Impacts in Zone 1 provided
that a minimum zone of ten
feet wide immediately
adjacent to the water body 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.
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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
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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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
Removal of understory
nuisance vegetation as
defined in Smith, Cherri L.
2008. Invasive Plants for
North Carolina. NCDOT.3
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 roads and 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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USE ALLOWABLE
ALLOWABLE
WITH
AUTHORIZATION
ALLOWABLE
WITH
MITIGATION
UPON
AUTHORIZATION
PROHIBITED
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 27: Randleman Lake Riparian Buffer Table of Uses
L. MITIGATION
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. RULE IMPLEMENTATION
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. WATER SUPPLY REQUIREMENTS
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. OTHER LAWS, REGULATIONS,AND PERMITS
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-I WATERSHED AREAS
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. ALLOWED USES:
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. DENSITY AND BUILT-UPON AREA LIMITS DO NOT APPLY.
828: WS-II WATERSHED AREAS CRITICAL AREA (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. ALLOWED USES:
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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. DENSITY AND BUILT-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-II WATERSHED AREAS BALANCE WATERSHED (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. ALLOWED USES:
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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.
B. DENSITY AND BUILT-UPON LIMITS:
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-III WATERSHED AREAS CRITICAL AREAS (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. ALLOWED USES:
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. DENSITY AND BUILT-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 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-III WATERSHED AREAS BALANCE WATERSHED (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
minimize water quality impacts. Non-discharging landfills and residual application sites
are allowed if allowed by County zoning regulations.
A. ALLOWED USES:
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. DENSITY AND BUILT-UPON LIMITS:
1.Single Family Residential: 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-IV WATERSHED AREAS CRITICAL AREAS (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. ALLOWED USES:
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. DENSITY AND BUILT-UPON LIMITS:
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
is to be developed.
833: WS-IV WATERSHED AREAS PROTECTED AREA (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. ALLOWED USES:
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. DENSITY AND BUILT-UPON LIMITS:
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.In addition 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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