<div class="chunk-title">Sec. 5.8 - Mountain and hillside development.</div>
<div class="chunk-content">
            <p class="b0">
               <span class="bold">Sec. 5.8.1 General Provisions.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Findings</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The mountains of Jackson County, North Carolina, are characterized by steep slopes
               and thin soils. Land-disturbing activity on high-elevation, steep-slope mountains
               potentially threatens the public health, safety, welfare, and economic progress of
               Jackson County. Such land-disturbing activity has the potential to do the following:
               (a) endanger the quality of surface water by increasing erosion, stream sedimentation,
               and stormwater runoff; (b) induce landslides; (c) adversely affect ground water due
               to the difficulty in providing proper sewage disposal; (d) damage the habitat for
               some species of wildlife (both plants and animals); and (e) detract from the mountains'
               scenic and natural beauty which is vital to the recreation and tourism industry of
               Jackson County.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               The Jackson County Board of Commissioners finds the following:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Steep hillsides are inherently unstable.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Changes to slopesâ€”Through undermining by humans, flowing rivers, heavy rains, or the
               focusing of stormwater runoff by human-built channels or storm drain outlets can cause
               erosion or landsliding. Soil slips, which cause avalanche-type failures, and slower-moving
               earth flows can occur on slopes of 25 percent and more. Serious erosion can occur
               on much shallower slopes. Steeper slopes are less forgiving of construction errors
               than are shallower slopes.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               When steeper slopes fail, such failures can have disastrous consequences. Disturbed
               surfaces create loose materials which tend to move downhill. Development can result
               in alteration of land surfaces that can contribute to slope destabilization. Alterations
               that have the potential for creating unstable slopes include placing fills on top
               of marginally stable slopes, cutting slopes at too steep an angle or undermining the
               toe of a slope, redirecting storm runoff in a way that artificially concentrates flows
               onto portions of the landscape not prepared to receive such flows, removing woody
               vegetation, and adding water by means of hillside septic systems. These factors work
               together and can cumulatively decrease the stability of slopes and eventually lead
               to disaster. Landslides and slope failures pose a variety of hazards to persons and
               property.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Hillside development, if unregulated, can take place at the expense of environmental
               concerns. Stormwater runoff from slopes is greater in both quantity and velocity than
               it would be from level ground. Preserving existing vegetation reduces erosion by maintaining
               roots which increase infiltration and bind soils. Vegetation also reduces the velocity
               of raindrops and slows the velocity of surface water flow by increasing the roughness
               of the ground, thereby increasing groundwater recharge. Constructing hillside roads
               involves cuts in the upslope side and fills on the down slope side. Such cuts and
               fills are often much wider than the minimum required road right-of-way and can be
               more susceptible to failure.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Hillsides and ridge lines are unique vegetation communities and wildlife habitats.
               Hillsides in developing areas are often the last remaining natural areas and are the
               final refuges for many species of wildlife. Development needs to be sensitive to the
               hillside's function of providing biodiversity.
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               Hillsides have aesthetic value to Jackson County and its municipalities and contribute
               to the community's sense of identity, as well as its tourism economy. Prominent mountains,
               peaks, hills, and ridges have significance as identifiable landmarks to area residents.
               Hillside development, if unregulated, can take place at the expense of aesthetic concerns.
               Hills and ridges are highly visible from surrounding areas.
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               Vegetation clearance and landform grading practices, if unregulated, can upset the
               natural shape of hills. The bulk, shape, height, and color of buildings can contrast
               with the natural landscape if unregulated and thus intrude on the natural character
               of the landform. Regulations are needed to ensure that buildings and structures blend
               in with the natural environment through their placement on the land, shape, materials,
               and colors.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Purpose, Intent and Objectives</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               It is the purpose of this section to provide development regulations applicable to
               mountains and hillsides to ensure that development occurs in the following manner:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Protects the natural conditions and respects existing topography;
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Prevents inappropriate development;
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Preserves the aesthetic and scenic qualities of such areas;
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Ensures the public health, safety, and general welfare.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               The provisions of this section are intended to prevent developments that will erode
               hillsides, result in sedimentation of lower slopes and bodies of water, cause damage
               from landslides or create the potential for damage from landslides, flood downhill
               properties, or result in the severe cutting of trees or the scarring of the landscape.
               It is the intent of this section to encourage a sensitive form of development and
               to allow for a reasonable use that complements the natural and visual character of
               the community. These purposes cannot be met fully with existing development regulations
               such as subdivision, soil erosion and sedimentation control, and flood damage prevention.
               This section is considered the minimum necessary to attain these purposes. These regulations
               are also intended to encourage the application of principles of landscape architecture,
               architecture, planning, and civil engineering to preserve the appearance and protect
               the resources of mountains and hills.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Establishment of the Mountain and Hillside Development District</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The Mountain and Hillside Development District is hereby established, the boundaries
               and extent of which are depicted on the map entitled "Mountain and Hillside Development
               District Map" (herein referred to as the district map), which is hereby adopted as
               if fully set forth in this Ordinance. Said map shall be attached to the copy of this
               Ordinance filed with the Clerk of the Board of Commissioners upon adoption and shall
               be available for public inspection in the office of the Jackson County Planning Department.
               The district map identifies all those areas with a slope of 35 percent or more, and
               is to be used to identify properties on which further analysis is required.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Applicability</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               This section shall apply to any subdivision plat, land-disturbing activity, building
               permit, or any other development proposal on property situated within the Mountain
               and Hillside Development District.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               This section shall apply, and the Planning Director shall apply and enforce the provisions
               of this Ordinance, to the earliest application for development or building approval
               required of the applicant.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               When an application for a preliminary subdivision plat, preliminary development plan
               as may be required by other provisions of the ordinances of Jackson County, land-disturbing
               activity (e.g., soil erosion and sedimentation control plans), or a building permit
               pertaining to property regulated by this Ordinance is filed, said application shall
               be required to demonstrate compliance with applicable provisions of this ordinance,
               unless compliance has already been satisfactorily demonstrated by prior application
               and approval as determined by the Planning Director.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Exemptions</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The following land uses or activities are exempt from the requirements of this Ordinance
               provided they comply with any limitations or conditions specified herein.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Agriculture and forestry. Agriculture and forestry on protected mountains, provided
               such uses or activities, including associated roads, are consistent with the best
               management practices established by the North Carolina Division of Forest Resources
               or the North Carolina Natural Resources Conservation Service, consistent with all
               State and Federal laws, and all applicable regulations promulgated by the State of
               North Carolina. Logging roads shall be reclaimed in accordance with practices of the
               division of forest resources when they are no longer in service.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Landscape maintenance. Landscape maintenance activities, including the removal of
               diseased, dead or damaged trees; provided, however, that such activities shall be
               carried out in conformance with applicable regulations of this Ordinance.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Additions to single-family residences. On lots of record with existing residences
               that were approved prior to the effective date of this section, said existing residences
               may be expanded without demonstrating compliance with this ordinance, provided that
               the height of the building addition does not exceed the height limitation contained
               in subsection 5.8.4(a)(v), no more than minimal land disturbance is required to accomplish
               the building addition, and the building addition is in conformity with the purposes
               and intent and consistent with regulations and guidelines of this ordinance as determined
               by the Planning Director.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               <span class="ital">Existing Lots of Record</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               The owner, or any successor in interest, of any lot of record existing as of the effective
               date of this Ordinance shall be entitled to build one single-family home thereon.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Such lot shall be exempt from the requirements contained in this Ordinance provided
               that the development of such home shall be done in compliance with the following provisions:
               subsection 5.8.2(b)(i), minimum alterations, subsection 5.8.2 (b)(ii), cut and fill,
               subsection 5.8.2(b)(iii), compaction of fill, subsection 5.8.3, regarding driveways,
               subsection 5.8.4(a)(vii), partial screening, subsection 5.8.4(a)(viii), hazardous
               waste facilities, as well as requirements contained within Section 5.8.6, Best Management
               Practices.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               <span class="ital">Prior Development Plan Approval</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               It is recognized that some or all of the lots in subdivisions for which a determination
               of vested rights has been made, either pursuant to the Jackson County Vested Rights
               Ordinance or by final judgment of a court of competent jurisdiction, may not be lots
               of record.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               For a period of two years subsequent to the effective date of this Ordinance, or such
               longer period as may have been granted in the determination of vested rights, the
               building of homes in subdivisions determined to be vested shall be treated as if they
               were lots of record and regulated in accordance with subsection 5.8.1(e)(ii).
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Subsequent to this vesting period, the building of homes or other improvements on
               lots in such subdivisions which have not been recorded shall comply with applicable
               requirements of this ordinance unless the Planning Director determines that such compliance
               would result in practical difficulty or unnecessary hardship.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               <span class="ital">Non-Regulatory Lots</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Lots of record which are not situated on a protected mountain ridge, as defined herein,
               and for which the average slope, as determined by subsection 5.8.2 (c), below, is
               less than 35 percent, shall be exempt from the requirements of this ordinance.
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 5.8.2 Administration.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Relationship to Other Regulations</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Nothing in this Ordinance shall be construed to modify or exempt development from
               applicable requirements of the State and other ordinances or regulations of Jackson
               County, including but not limited to the following:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               <span class="ital">Land disturbance</span>.
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               Proposed land-disturbing activity shall meet all applicable State standards and all
               regulations of Jackson County relating to soil erosion and sedimentation control.
               The provisions of this Ordinance are more restrictive and require the submission of
               plans and a permit which may not be required by said land-disturbance and soil erosion
               requirements.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               <span class="ital">Septic tanks</span>.
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               Where one or more septic tanks are to be used for individual sewage disposal, the
               proposed land-disturbing activity shall meet all applicable State standards and all
               applicable regulations of Jackson County relating to septic tanks.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               <span class="ital">Sewage disposal</span>.
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               If sewage treatment is to be provided by any means other than one or more individual
               septic tanks, the sewage treatment shall meet all applicable State standards and all
               applicable regulations of Jackson County relating to sewage disposal.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               <span class="ital">Individual wells</span>.
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               Where one or more wells are to be used for water supply, the proposed land-disturbing
               activity shall meet all applicable state standards and all applicable regulations
               of Jackson County relating to water wells.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               <span class="ital">Water systems</span>.
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               If a public water supply system is to be provided, the water supply system shall meet
               all applicable State standards and all applicable regulations of Jackson County relating
               to public water systems.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">General Regulations for all Development and other Land-Disturbing Activity</span>. The following minimum standards shall apply to earth moving and land-disturbing
               activity which is not otherwise exempt:
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               <span class="ital">Minimum alterations</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Earth moving shall be limited to the minimum required for building foundations, driveways,
               drainage control structures and immediate areas surrounding the building, structure,
               road driveway, or drainage structure required by this section.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               With the exception of approved stockpiling or restoration efforts, substantial earth
               moving beyond that required for the installation or construction of approved buildings,
               structures, driveways, roads, or drainage structures shall not be permitted.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               <span class="ital">Cut and fill</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Unless otherwise specifically approved by the Planning Director, cut slopes shall
               be no steeper than one foot horizontal to one foot vertical and fill slopes shall
               not be steeper than one-and-one-half feet horizontal to one foot vertical.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Artificial slopes exceeding 35 feet in height shall be benched at 35-foot intervals.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               <span class="ital">Compaction of fill</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               All fill shall be stabilized in conformance with generally accepted engineering standards,
               including a compacted density of at least 95 percent proctor.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Vegetation which has been cut or cleared shall be removed from the site and shall
               not be covered by, or imbedded in, fill material.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               The Planning Director may require certification of compaction by a qualified professional
               if necessary to determine compliance with this ordinance.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               <span class="ital">Control of stormwater run-off</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Run-off from concentrated impervious surfaces shall be collected and transported in
               a pipe or other approved manner to an approved stormwater system if available, or
               if unavailable, to the bottom of the drainageway or other location specified by the
               Planning Director and in a safe, adequate, and non-erosive manner.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Where required by other ordinances or regulations or by the Planning Director, stormwater
               retention facilities shall be installed.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Where required, interceptor ditches shall be established above steep slopes in such
               a way as not to avoid saturation or erosion of soil, and the intercepted water shall
               be conveyed in a pipe or other manner to the bottom of the drainageway or other location
               specified by the Planning Director.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               The overall drainage system shall be completed and made operational at the earliest
               possible time during construction.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               <span class="ital">Buffering of natural watercourses and lakes</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               An undisturbed buffer shall be required around all natural watercourses (creeks, streams,
               branches, etc.) and lakes.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               The required buffer width shall be equal in feet to the calculated average slope (percent)
               of the property/parcel. Example: If the average slope of a property is 38 percent
               then the minimum undisturbed buffer shall be 38 feet wide.
               </p>
            		
            <p class="incr1">
               (vi)
               </p>
            		
            <p class="content2">
               <span class="ital">Impact on adjacent property</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Realignment of streams and natural drainage channels shall not be permitted except
               for the purpose of effecting a stream crossing and only as specifically approved by
               the Planning Director upon issuance of all necessary state and federal permits.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               In such cases, natural or typical flow of surface or subsurface water shall not be
               altered or obstructed in any way by grade changes if such alteration may adversely
               affect the property of another by either contributing to pooling or collection of
               waters, or to the concentration or intensification of surface water discharge.
               </p>
            		
            <p class="incr1">
               (vii)
               </p>
            		
            <p class="content2">
               <span class="ital">Density limits</span>. Development on lands that are subject to this section shall meet the density requirements
               shown in the Table 5.3:
               </p>
            		
            <p class="bc1">
               <span class="bold">Table 5.3: Minimum Lot Area</span>
               
               <div>
                  <div class="" style="width:100%">
                     <table class="thead1 table  left" cellpadding="3" cellspacing="0" border="1" rules="all" width="320" style="font-size:13px;">
                        <colgroup class="std">
                           <col width="50%">
                           <col width="50%">
                        </colgroup>
                        <tbody>
                           <tr>
                              <td style="background-color: LightGray; " class="hasbg top ">
                                 <span class="bold">Slope %</span>
                                 </td>
                              <td style="background-color: LightGray; " class="hasbg top ">
                                 <span class="bold">Minimum Lot Area in Acres<sup>1</sup>
                                    </span>
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 35
                                 </td>
                              <td class=" top ">
                                 2.0
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 36
                                 </td>
                              <td class=" top ">
                                 2.24
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 37
                                 </td>
                              <td class=" top ">
                                 2.51
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 38
                                 </td>
                              <td class=" top ">
                                 2.81
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 39
                                 </td>
                              <td class=" top ">
                                 3.15
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 40
                                 </td>
                              <td class=" top ">
                                 3.52
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 41
                                 </td>
                              <td class=" top ">
                                 3.95
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 42
                                 </td>
                              <td class=" top ">
                                 4.42
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 43
                                 </td>
                              <td class=" top ">
                                 4.95
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 44
                                 </td>
                              <td class=" top ">
                                 5.55
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 45
                                 </td>
                              <td class=" top ">
                                 6.21
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 46
                                 </td>
                              <td class=" top ">
                                 6.96
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 47
                                 </td>
                              <td class=" top ">
                                 7.79
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 48
                                 </td>
                              <td class=" top ">
                                 8.73
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 49
                                 </td>
                              <td class=" top ">
                                 9.77
                                 </td>
                           </tr>
                           <tr>
                              <td class=" top ">
                                 50 and &gt;
                                 </td>
                              <td class=" top ">
                                 <a href="" data-chunk-id="CD_ORD_APXCREDIGRDI_ART10WAWASEUTAS_S10.0WASEOTUTNOPRCOAPARPR" class="section-link" data-product-id="14666">10.0</a>
                                 </td>
                           </tr>
                        </tbody>
                     </table>
                  </div>
                  <p>&nbsp;</p>
               </div>
               
               <p class="b3" style="font-size:11px;">
                  <sup>
                     1
                     </sup>
                  Only one dwelling unit is permitted per minimum lot area.
                  </p>
               
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Determining Slope</span>. Average slope shall be determined for each separate land tract in accordance with
               the methods and procedures contained herein.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Prior to commencing any development or land disturbing activity and prior to making
               application for any permits and/or other approvals, the calculated average slope for
               a particular land tract shall be approved by the Planning Director.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Average slope calculations and supporting documentation shall be submitted to the
               Planning Director for review.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               Within 20 days of receipt, the Planning Director shall:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Request additional information
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Request revisions to the average slope calculation submittal; or,
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Issue written concurrence with the determination of average slope, as submitted.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               Each slope calculation submitted to the Planning Director for review shall include
               a scaled map, accurately showing:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Topography for the entire land tract;
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               A closed perimeter line delineating a single area proposed for any type(s) of land
               of land-disturbing activity; and,
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               The deeded land tract boundary.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               The accuracy and detail of the map shall be acceptable to the Planning Director for
               site specific conditions and the particular land-disturbing activities proposed.
               </p>
            		
            <p class="incr1">
               (vi)
               </p>
            		
            <p class="content2">
               In certain cases, the Planning Director may, at his/her discretion, require that the
               slope calculation and associated mapping be prepared by a NC Professional Land Surveyor,
               a NC Professional Engineer, or a NC Professional Landscape Architect.
               </p>
            		
            <p class="incr1">
               (vii)
               </p>
            		
            <p class="content2">
               For an individual building site, the basis of the average slope calculation will include
               only the building and grading envelope for such site.
               </p>
            		
            <p class="incr1">
               (viii)
               </p>
            		
            <p class="content2">
               For subdivisions, the average slope calculation shall be based on the entire tract
               to be subdivided unless the subdivider has elected to exclude areas subject to a non-buildable
               protected area or conservation easement pursuant to subsection 5.8.2 (d) or the Planning
               Director has approved a division of area pursuant to subsection 5.8.2 (e), below.
               </p>
            		
            <p class="incr1">
               (ix)
               </p>
            		
            <p class="content2">
               For the purpose of determining entitlement to an exemption pursuant to subsection
               5.8.1 (e) above, the average slope calculation shall be based on the lot or parcel
               for which a determination of exemption is sought.
               </p>
            		
            <p class="incr1">
               (x)
               </p>
            		
            <p class="content2">
               When used for determining slope, the term "delineated area" shall refer to the relevant
               parameters described herein.
               </p>
            		
            <p class="incr1">
               (xi)
               </p>
            		
            <p class="content2">
               The formula for conducting a slope analysis of the property shall be:
               </p>
            		
            <p class="b0">
               â€‚
               
               <p class="b4">
                  <span class="ulsingle">
                     <span class="bold">S=.0023(I)(L)</span>
                     </span>
                  <br>
                  â€‚â€‚â€‚â€‚â€‚<span class="bold">A</span>
                  </p>
               
               <p class="b2" style="font-size:11px;">
                  <span class="bold">Where:</span>
                  <br>
                  S = Existing grade of parcel in percent
                  <br>
                  I = Contour interval of map in feet, with said contour intervals to be five feet or
                  less
                  <br>
                  L = Total length of the contour lines within the parcel in feet
                  <br>
                  A = Area of the parcel in acres
                  <br>
                  0.0023 = Product of two constants, one of which converts feet into acres and one of
                  which converts a decimal fraction into a percentage
                  <br>
                  Once "S" is calculated, it shall be rounded to the nearest whole number.
                  </p>
               
            <p class="b0">
               â€‚
               
               <p class="incr1">
                  (xii)
                  </p>
               		
               <p class="content2">
                  The Planning Board may, at its discretion, approve other methods for conducting a
                  slope analysis of property subject to this Ordinance.
                  </p>
               		
               
               <p class="incr1">
                  (xiii)
                  </p>
               		
               <p class="content2">
                  A slope analysis conducted by an NC Professional Land Surveyor, a NC Professional
                  Engineer, or a NC Registered Landscape Architect may be provided in cases where the
                  applicant/property owner does not agree with the slope analysis conducted by Jackson
                  County staff. The alternate slope analysis shall be approved by the Jackson County
                  Planning Board.
                  </p>
               		
               
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Non-Buildable Protected Area/Conservation Easement</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Lands subject to a Non-Buildable Protected Area or conservation easement may, at the
               landowners' option, be excluded when determining average natural slope under this
               Ordinance.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               The following activities are prohibited in the Non-Buildable Protected Areas:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               The construction or placing of buildings
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Signs, billboards or other advertising
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Dumping of soil or other substance or materials as a landfill
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Dumping or placement of trash, waste or unsightly or offensive materials
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Removal or destruction of trees, shrubs or other vegetation unless such trees, shrubs
               or vegetation pose a threat to health or safety
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other mineral
               substance
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               Utilities such as wells and septic systems,
               </p>
            		
            <p class="incr2">
               8)
               </p>
            		
            <p class="content3">
               Surface uses except for agriculture, farming, forest or outdoor recreational uses
               </p>
            		
            <p class="incr2">
               9)
               </p>
            		
            <p class="content3">
               Activities detrimental to drainage, flood control, water conservation, erosion control
               or soil conservation
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               All conservation easements and non-buildable protected areas must be identified on
               a recorded plat and in a recorded legal document at the Jackson County Register of
               Deeds office.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Division of Area</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Where there is a drastic variation in the landform character within one site, the
               site may be divided into several distinct areas for the purposes of slope determination.
               This division must be approved by the Planning Director. Generally, this provision
               shall only be used in cases where large tracts of property encompass flat land as
               well as significant mountain and hillside terrain. Details for each division must
               be provided.
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 5.8.3 Requirements for Roads and Driveways.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               No new public road, private road, or driveway, including undeveloped lots of record,
               shall be permitted or constructed unless it complies with the regulations located
               within Section 4.3.5 Street Standards.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               All new public and private roads and driveways shall be designed and constructed to
               minimize the potential for landslides, erosion, and runoff.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Roads and driveways shall be located such that the maximum number of existing trees
               on the site is preserved.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               Roads and driveways shall be designed to create the minimum feasible amounts of land
               coverage and the minimum feasible disturbance of the soil.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               Variations in road design and road construction specified by the County in its land
               subdivision regulations shall be permitted, as may be approved by the Planning Director,
               to prevent the dedication of unnecessarily large amounts of land to such roads or
               driveways.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               One-way streets shall be permitted and encouraged where appropriate for the terrain
               and where public safety would not be jeopardized in the opinion of the Planning Director.
               For instance, a two-way road may have the directions of flow split into one-way pairs
               that differ in elevation, circumnavigate difficult terrain, or avoid tree clearance.
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 5.8.4 Requirements for Construction of Buildings.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               Unless exempted pursuant to subsection 5.8.1 (e), above, no residential or nonresidential
               building or manufactured home shall be erected within the area governed by this section
               except in compliance with the provisions of this ordinance.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               <span class="ital">Plot plan</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               A plot plan of the lot or site on which the building is to be located shall be submitted
               to the planning office for review and approval by the Planning Director.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               The plot plan for a single home site lot can be prepared using the Jackson County
               GIS Mapping system without the assistance of professionals provided sufficient accuracy
               of detail is maintained.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               The plot plan shall be prepared by a registered surveyor, professional civil engineer,
               or other qualified professional and shall show the finished floor elevation of the
               building in relation to the natural ground surface and in relation to the uppermost
               point of the crest, summit, or ridge top of the mountain or hill on which said building
               is constructed.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               The plot plan shall also indicate the limits of the area to be disturbed and the slope
               of the buildable area.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Areas proposed or required to remain undisturbed shall be marked on the plot plan
               and in the field with tape, orange plastic fencing, or other approved marker until
               a certificate of occupancy is issued or as otherwise approved by the Planning Director.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               <span class="ital">Disturbance limits for lots intended for single family homes</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               The building and grading envelope shall not exceed the greater of 10,000 square feet
               or twice the size of the building footprint unless approval is obtained from the Planning
               Board.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Furthermore, impervious surfaces within the building and grading envelope shall comply
               with the standards in Table 5.2: Maximum Allowable Impervious Surface.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               No other disturbance or impervious surfaces are permitted on the lot other than for
               a driveway to provide ingress and egress.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               <span class="ital">Disturbance limits for lots intended for other than single-family homes</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               For lots intended for development as other than single-family homes, the building
               and grading envelope and impervious surfaces shall be the minimum necessary to develop
               the property for its intended use.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               <span class="ital">Building and grading envelopes</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Building and grading envelopes shall be sited so that any structure to be placed thereon
               shall not be readily visible from public rights-of-way or public lands, the elevation
               of which is equal to or less than such structure. This may be accomplished through
               natural terrain, existing vegetation or other means approved by the Planning Director.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               <span class="ital">Building height</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               The height of any building shall not extend closer than 20 feet to the uppermost point
               of any protected mountain ridge, as that term is defined herein, on which said building
               is constructed. For the purposes of this Ordinance, the uppermost point of the crest,
               summit, or ridge top refers to geological formations and not vegetation.
               </p>
            		
            <p class="incr1">
               (vi)
               </p>
            		
            <p class="content2">
               <span class="ital">Exempted appurtenances</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               The building height restriction specified in this Ordinance shall not apply to any
               of the following which are attached to the single-family dwelling:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               Equipment for the transmission of electricity or communications;
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               Chimneys, flag poles, flues, poles, or wires;
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Provided, however, that such appurtenances shall not extend to or beyond the uppermost
               point of the crest, summit, or ridge top of the mountain or hill on which said dwelling
               is constructed.
               </p>
            		
            <p class="incr1">
               (vii)
               </p>
            		
            <p class="content2">
               <span class="ital">Partial screening</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               A portion of natural on-site vegetation shall be retained sufficient to partially
               screen (along 50 percent of the building face, or that achieves 50 percent opacity
               or more along the building face) the building, structure, use, or activity from views
               from public roads not serving the building, or landscaping shall be installed and
               designed to partially screen the building, structure, use, or activity from views
               from public roads, or other measures have been included in the project and approved
               by the Planning Director to reduce the visual impacts of such development from views
               from public roads.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               View corridors from the proposed development to surrounding areas may be provided,
               but such corridors shall not extend for more than 50 percent of the width of building
               face between the view sought and the building face from which the view is sought.
               </p>
            		
            <p class="incr1">
               (viii)
               </p>
            		
            <p class="content2">
               <span class="ital">Hazardous waste facilities</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Handling areas for the receiving and storage of hazardous waste and hazardous waste
               or solid waste disposal facilities are prohibited in areas regulated by this Ordinance.
               </p>
            		
            <p class="incr1">
               (ix)
               </p>
            		
            <p class="content2">
               <span class="ital">Mining</span>.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Mining activity which requires a new permit from the North Carolina Department of
               Environmental Quality shall be prohibited in the areas regulated by this ordinance.
               Expansion of an existing mining activity that would require a permit modification
               from the North Carolina Department of Environment Quality shall be prohibited in the
               areas regulated by this ordinance.
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 5.8.5 Fire Protection.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               Adjacent to residences or structures to be occupied, in areas of high risk of forest
               fires there shall be required a fire-buffer zone of no less than 30 feet on all sides
               of said residences or structures, or to the property line, whichever is nearer.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Within the fire-buffer zone, all brush, flammable vegetation, or combustible growth
               shall be maintained in a fire-safe manner. This provision shall not apply to single
               specimens of trees, ornamental shrubbery, or similar plants used as ground cover,
               provided that they do not form a continuous means of rapidly transmitting fire from
               the native growth to a residence or structure to be occupied.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               In areas of high risk of forest fires as determined by the fire marshal, the following
               provisions may be made a condition of development or building permit approval:
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Roofs shall be covered with noncombustible materials, such as clay or concrete shake,
               or tile, or other fire-retardant materials;
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               Exterior walls shall be surfaced with noncombustible or fire-resistant materials;
               and,
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               Chimneys shall be provided with approved spark arresters.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               Where no public water is available to serve a development or subdivision, the Planning
               Director ma