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HomeMy WebLinkAboutAgenda - 04-17-2012 - 6b . 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 17, 2012 Action Agenda Item No. (o-b SUBJECT: Amendments to Unified Development Ordinance (UDO/Zoning 2012-08) - Stormwater DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): INFORMATION CONTACT: 1. Comprehensive Plan and Unified Terry Hackett, 245-2588 Development Ordinance (UDO) Ren Ivins, 245-2586 Amendment Outline Form (UDO/Zoning- 2012-09) 2. UDO Amendment Packet 3. Draft Minutes- February 27, 2012 Quarterly Public Hearing 4. Draft Minutes- March 7, 2012 Planning Board Meeting PURPOSE: To receive the Planning Board's recommendation, close the public hearing, and make a decision on state required text amendments to the Unified Development Ordinance (UDO) to meet the Falls Lake/Jordan Lake stormwater new development rules. BACKGROUND: The proposed stormwater text amendments were heard at the February 27, 2012 Quarterly Public Hearing. The purpose of the proposed amendments is to meet the state required Falls Lake and Jordan Lake new development rules. The state's Falls Lake rules became effective January 15, 2011 and the Jordan Lake rules became effective August 11, 2009. To meet these rules, the state requires local governments to adopt specific stormwater standards, including nitrogen and phosphorus limits. Orange County was required to submit draft programs, including ordinance revisions, to the North Carolina Division of Water Quality for review and approval by the North Carolina Environmental Management Commission (EMC). Orange County's proposed changes were submitted to the state on August 4, 2011 for Falls Lake and September 7, 2011 for Jordan Lake new development rules. The EMC approved Orange County's Falls Lake new development program on January 12, 2012. While the County's Jordan Lake program has not yet officially been approved, it is the same as the Falls Lake submittal and will officially be approved in April 2012. However, in order to meet the Falls Lake rule required adoption schedule, staff recommended presenting the changes at the February Quarterly Public Hearing rather than May. Attachment 2 includes the proposed amendments to the UDO shown in red-line/strike-through format. P ' 2 " Public Hearing: The proposed UDO amendments were heard at the February 27, 2012 joint public hearing. No members of the public spoke on the proposed UDO amendments. The draft public hearing minutes are included at Attachment 3. Three members of the Board of County Commissioners asked questions. The comments and staff responses are' summarized as- follows: 1. A County Commissioner asked what happens if the County chose not to adopt these amendments. Stormwater staff did not have an answer for this question. Staff Comment:There really is no option. The state is requiring adoption and while there are no actions listed in the state's rules, presumably the state could take action against a local government if they were not adopted. 2. A County Commissioner asked about section 6.14.5(A)(1)(c) and its implications to single lots. Stormwater staff explained this language was designed to ensure a developer did not "piece meal" the land disturbance to avoid stormwater requirements. Staff further explained that the proposed stormwater standards may be applicable to a single lot if no other stormwater controls were previously provided. 3. A County Commissioner asked if the County was looking for covenants mentioned in section 6.14.9(C) at the subdivision level. Stormwater staff said no and that the covenant or restriction would be recorded with the deed when a stormwater best management practice (BMP) was put into operation. 4. A County Commissioner asked whether periodic inspections of stormwater BMPs will be required only for subdivisions (i.e. developments) and not on individual lots. The Commissioner also asked about inspection fees. Stormwater staff replied that any BMPs approved under these rules would require inspections, even if on a single lot. Staff explained that this is not new but was in the previous stormwater ordinance language. Stormwater staff also explained that it will be the owner's responsibility to inspect annually and file a report. County staff will be required to inspect at least once every five years under these changes. 5. A County Commissioner stated that fees should cover the cost of additional staff that may be required as outlined in the financial impacts. The same Commissioner also spoke about public education and possible signage. The Commissioner also asked that the word "periodically" be deleted in Section 6.14.10(C)(4). Staff Comment: The word "periodically" was removed as requested. Staff also will be completing an analysis of staff resource needs and determine if fee increases or additions are necessary. As far as public education and outreach, staff does not believe it feasible to place signs throughout the County, but part of.the stormwater program that staff implements includes education and outreach. Recently a fact sheet was posted on the County website, staff presented to the local homebuilders association and an article was written and published in the Stormwater Almanac, the Town of Hillsborough's stormwater newsletter. Other education/outreach will be conducted as required by the County's stormwater programs. 6. A County Commissioner asked for an explanation of "enforceable restrictions" in Section 6.14.9(C) and what the penalty would be. The same commissioner also asked how staff would handle the situation of a BMP not being maintained and the property subsequently being sold. Stormwater staff explained it is ultimately up to the owner and it would be their 3 responsibility. In a case where a new owner unknowingly purchased property with an unmaintained BMP, staff would work with the new landowner to bring the site into compliance, but ultimately the County could issue violations. Public Hearing Procedural Information: In accordance with Section 2.8.8 of the UDO, any evidence not presented at the public hearing must be submitted in writing prior to the Planning Board's recommendation. Additional oral evidence may be considered by the Planning Board only if it is for the purpose of presenting information also submitted in writing. Section 2.8.9(B) requires that the BOCC consider all relevant evidence presented at the public hearing and any submitted written evidence that was considered by the Planning Board in making its recommendation. The public hearing is held open to a date certain for the purpose of the BOCC receiving the Planning Board's recommendation and any submitted written comments. No written comments were received prior to the March 7, 2012 Planning Board meeting. Planning Director's Recommendation: The Planning Director recommends approval of the proposed UDO amendments based on the following: A. Th ese are state mandated changes which are required in order to comply with the Falls Lake and Jordan Lake stormwater rules for new development. B. Th a state has approved Orange County's new development program, including the proposed UDO amendments. C. There were no public comments or direction from the BOCC to alter the proposed amendments. Planning Board Recommendation: The Planning Board considered this item at its March 7, 2012 meeting. The Planning Board unanimously voted to recommend approval of this item. The draft Planning Board Minutes are included in Attachment 4. FINANCIAL IMPACT: New development projects are expected to utilize engineered stormwater best management practices (BMPs) to meet the state mandated development standards. Developers will need more land on any given development to achieve this. Exact cost to developers is undetermined at this time. Staff estimates that on average the new requirements could increase development cost by a few hundred dollars for new single family residences to hundreds of thousands for larger, commercial projects. As a result, the associated workload for Current Planning and Erosion Control / Stormwater Division staff to review and approve stormwater management plans required by the rules is expected to increase. Workload for Erosion Control / Stormwater Division staff to inspect BMPs is also expected to increase. This may necessitate an increase in fees charged to developers. At this time it is expected that new rules may require up to one additional full-time equivalent position for Erosion Control / Stormwater staff with an approximate cost of $65,000. Staff will evaluate workload and needs as the process moves forward. RECOMMENDATIONS: The Manager recommends the Board: I. Receive the Planning Board's recommendation of approval; 2. Close the public hearing; and 3. Adopt the ordinance amendments contained in Attachment 2. J 4 responsibility. In a case where a new owner unknowingly purchased property with an unmaintained BMP, staff would work with the new landowner to bring the site into compliance, but ultimately the County could issue violations. Public Hearing Procedural Information: In accordance with Section 2.8.8 of the UDO, any evidence not presented at the public hearing must be submitted in writing prior to the Planning Board's recommendation. Additional oral evidence may be considered by the Planning Board only if it is for the purpose of presenting information also submitted in writing. Section 2.8.9(B) requires that the BOCC consider all relevant evidence presented at the public hearing and any submitted written evidence that was considered by the Planning Board in making its recommendation. The public hearing is held open to a date certain for the purpose of the BOCC receiving the Planning Board's recommendation and any submitted written comments. No written comments were received prior to the March 7, 2012 Planning Board meeting. Planning Director's Recommendation: The Planning Director recommends approval of the proposed UDO amendments based on the following: A. Th ese are state mandated changes which are required in order to comply with the Falls Lake and Jordan Lake stormwater rules for new development. B. Th a state has approved Orange County's new development program, including the proposed LIDO amendments. C. There were no public comments or direction from the BOCC to alter the proposed amendments. Planning Board Recommendation: The Planning Board considered this item at its March 7, 2012 meeting. The Planning Board unanimously voted to recommend approval of this item. The draft Planning Board Minutes are included in Attachment 4. FINANCIAL IMPACT: New development projects are expected to utilize engineered stormwater best management practices (BMPs) to meet .the state mandated development standards. Developers will need more land on any given development to achieve this. Exact cost to developers is undetermined at this time. Staff estimates that on average the new requirements could increase development cost by a few hundred dollars for new single family residences to hundreds of thousands for larger, commercial projects. As a result, the associated workload for Current Planning and Erosion Control / Stormwater Division staff to review and approve stormwater management plans required by the rules is expected to increase. Workload for Erosion Control /Stormwater Division staff to inspect BMPs is also expected to increase. This may necessitate an increase in fees charged to developers. At this time it is expected that new rules may require up to one additional full-time equivalent position for Erosion Control / Stormwater staff with an approximate cost of $65,000. Staff will evaluate workload and needs as the process moves forward. RECOMMENDATIONS: The Manager recommends the Board: 1. Receive the Planning Board's recommendation of appro al; 2. Close the public hear44'r 3. Adopt the ordinance amendments contained'in Attachment 2. Attachment 1 5 COMPREHENSIVE PLAN / FUTURE LAND USE MAP AND UNIFIED DEVELOPMENT ORDINANCE (UDO) AMENDMENT OUTLINE UDO I Zoning-2012-08 A. AMENDMENT TYPE Map Amendments ❑ Land Use Element Map: From: - - - To: - - - El Zoning Map, From: To: - ❑ Other: n/a Text Amendments ❑ Comprehensive Plan Text: Section(s): n/a ............... ........ ...... ............................................. ......................... .......................... ............................................................................................................ ............ UDO Text: ❑UDO General Text Changes MUDO Development standards OUDO Development Approval Processes .............. Section(s): Section 1.1.9; Section 2.21, Sections 6.14.4, 6.14.5, 6.14.6, 6.14.7, 4. . 618, and 6.14.10 ........................... ................................... ..............--.-............................. ....................... . . ................................................................ ..................... .......................... ............... ........................................................... . ............................ ❑ Other: .........................-.1...............................................I..........................-.-........................................................ ..................................................................................--.............................. B. RATIONALE 1. Purpose/Mission Modify stormwater development standards to meet the state required Falls Lake and Jordan Lake New Development stormwater rules. 2. Analysis .......... .............................. ................ ............................ .............................................. Changes to the UDO are required to meet stormwater standards as dictated by the state mandated Falls Lake and Jordan Lake rules. The state required that draft ordinance changes to meet the rules be submitted for their review and approval. Orange County's proposed changes were submitted to the state on August 4, 2011 for Falls Lake and September 7, 2011 for Jordan Lake rules. The state approved Orange County's Falls Lake new development program on January 12, 2012. The Jordan Lake new development program is expected to be approved in April, 2012. However, since the programs are essentially the same and Orange County is addressing both in the UDO, staff is moving forward with adoption to meet the Falls Lake Rules required timeline saving time and resources by not conducting the process twice. 3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) n/a 4. New Statutes and Rules .........................----------.—.......................................................................................................................................................................................................................................................................... 15A NCAC 213. 0277 Falls Lake Stormwater New Development Rule 15A NCAC 213. 0265 and Session Law 2009-484 Jordan Lake Stormwater New Development Rules .....................................--.................................... ................ ............................. C. PROCESS 1. TIMEFRAMEiMILESTONES/DEADLINES a. BOCC Authorization to Proceed .............-.-......................-........................... ................................................................ ............... ------ ................ November 1, 2011 ........................................................................................... ............ ............................................... ...................................................... b. Quarterly Public Hearing_...__...._.._...._..._.._._.._.._._._...__........._._. ........... ............I........................................................ .. . ................................................................................ ........... February 27, 2012 ................ ................................................. ........... .............. .............. ........... c. BO.CC Updates/Checkpoints February *7, 2012'-­-"a"*'p'­p­-r­o- a v---'-1-6-f-"-Ie,-"-gal-a-d *" BOCC adoption proposed April 2012 Adoption and implementation required by July 2012, but early implementation is encouraged. .................................. . ............................... ......... d. Other ................. 2. PUBLIC INVOLVEMENT PROGRAM .......................... Mission/Scope: Provide information to general public about state mandated rule changes. Staff developed a fact sheet as outreach and has distributed it at one public event, at the Planning Department office, and on the County's website. 2 7 a. Planning Board Review: ...... rdinance Review Committee reviewed state submittal on January 4, 2012 March 7, 2012 (recommendation) b. Advisory Boards: n/a c. Local Government Review: d. Notice Requirements Legal ad published on February 15 and 22, 2012 e. Outreach: _..._..._... ...._..-..._. .._................_.......................__. ..... ..........._... ❑ General Public: ___..... ........... __..__....__.._.._._ _..__. .... _.. ___........... Small Area Plan Workgroup: .........-....._..............._.... .......... -..._....__.._.............. _._._._ ._. _............ ® Other: Fact sheet provided through website 3. FISCAL IMPACT _...._.._.__...__...._.._.__......................._...............__._._.__..._.._._......---...__.._..__..._................__.........._..._.._..._................._...._.........._..___._...._............_...__...._......_................_.................__.... __..._...__..____......__..._....... New development projects are expected to utilize engineered stormwater best management practices (BMPs) to meet the state mandated development standards. j Developers will need more land on any given development to achieve this. Exact cost to developers is undetermined at this time. Staff estimates that on average the new requirements could increase development cost by a few hundred dollars for new single family residences to hundreds of thousands for larger, commercial projects. As a result, the associated workload for Current Planning and Erosion Control / Stormwater Division staff to review and approve stormwater management plans required by the rules is expected to increase. Workload for Erosion Control / Stormwater Division staff to inspect BMPs is also expected to increase. This may necessitate an increase in fees charged to developers. At this time it is expected that new rules may require one up to one additional FTE for Erosion Control / Stormwater staff with an approximate cost of $65,000. Staff will evaluate workload and evaluated needs as the process moves forward. D. AMENDMENT IMPLICATIONS The state required development standards are more restrictive than those currently enforced in the UDO. As stated above, this is expected to increase the cost of development and increase staff workload. 3 .. ........... ... 8 . E. SPECIFIC AMENDMENT LANGUAGE Text proposed for deletion is shown as stFikethmu^" format; text proposed to be added is shown in red and provided as Attachment 2. Primary Staff Contact: Terry Hackett Planning— Erosion Control/Stormwater Division 919-245-2588 thackett@co.orange.nc.us 4 A- achmen+ oR 9 Ordinance#:2012- Oil AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY i WHEREAS, there is a need to review and, as necessary, revise existing land use regulations over time and g , WHEREAS, the Orange County Planning Director is authorized to initiate text amendments, and WHEREAS, the State of North Carolina has established new development regulations including new stormwater standards establishing nitrogen and phosphorus limits for properties within the Falls Lake and Jordan Lake water basins, and WHEREAS, the proposed amendments were reviewed and approved by the North Carolina Environmental Management Commission (EMC), and WHEREAS, the amendments are necessary to ensure local regulations are compliant with recent modifications to State law, and WHEREAS, the County has held the required public hearing and has found the proposed text amendments are consistent with the adopted Comprehensive Plan. BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified Development Ordinance (UDO) of Orange County is hereby amended as follows: RED= Proposed Text Striketh �^= Deleted Text REMAINDER OF.PAGE INTENTIONALLY LEFT BLANK Article 1: Administration 10 Section 1.1:General Provisions (B) The enforcement, interpretation, and application of the standards contained herein shall be consistent with the goals and policies of the Comprehensive Plan and shall not create a situation that is inconsistent with the goals and policies contained therein. 1.1.8 Regulation of Farming and Bona Fide Farm Activities The provisions of this Ordinance which are adopted under Chapter 153A,Article 18 do not apply to property used for bona fide farm purposes, as defined within North Carolina General Statutes, except as follows: (A) Any non-farm use of farm property, (B) Compliance with all regulations required to be imposed by the Federal Emergency Management Agency(FEMA)through the National Flood Insurance Program including all applicable Flood Insurance Rate Maps(FIRM), and (C) Compliance with the Orange County Special Flood Hazard Area Overlay�--oning District as detailed within this Ordinance. 1.1.9 Relationship with Other Laws, Covenant, or Deed Restrictions (A) If the provisions of this Ordinance are inconsistent with those of state and/or federal law, the more restrictive provision governs,to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls. (B) If the provisions of this Ordinance are inconsistent or conflict with provisions found in other adopted ordinances or regulations of the County, the more restrictive provision governs. The more restrictive provision is the one that imposes greater restrictions or more stringent controls. (C) In accordance with this Ordinance, a property owner may be required to record deed restrictions,covenants, or other legal documentation outlining development limitations or imposing regulatory standards on the perpetual development and/or use of property. While the County may require such legal documents to be recorded as part of the normal development review process,the County has no enforcement authority over private covenants or deed restrictions that are not based on development limitations imposed by this Ordinance. This Ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. Orange County does not enforce private agreements. (D) Town of Chapel Hill Land Development Standards: The regulations governing the use of land and structures as contained in the Town of Chapel Hill Land Development Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Chapel Hill Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. (E) Town of Carrboro Land Development Standards: The regulations governing the use of land and structures as contained in the Town of Carrboro Land Use Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Carrboro Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. (F) The Jordan Water Supply Nutrient Strategy Rules and riparian buffer protection rules (Jordan Lake Rules)of 15A NCAC 02B .0265, .0267 and .0268, Section 3.(d)of Session Law 2009-216, and Section 6.(g)of Session Law 2009-216,found in Section 7.(b)of Session Law 2009-484 apply to all lands within the Jordan Lake Watershed portion of Orange County.Wherever standards of the Jordan Lake Rules and the standards listed in this ordinance differ, the more restrictive provisions shall apply. (G) The Neuse River Basin Nutrient Sensitive Waters Management Strategy rules and the riparian buffer protection rules(Neuse Rules)of 15ANCAC 0213 .0235, .0240' .0233, Orange County,North Carolina—Unified Development Ordinance Page 1-3 Article 1: Administration 1 1 Section 1.1: General Provisions .024 1, and .0242 apply to all lands within the Neuse River Basin portion of Orange County.Wherever standards of the Neuse Rules and the standards listed in this ordinance differ, the more restrictive provisions shall apply. (H) The Falls Reservoir Water Supply Nutrient Strategy: Stormwater Management for New Development Rule of 15A NCAC 02B .0277 applies to all lands within the Falls Lake Watershed portion of Orange County, except where standards in this Ordinance are more restrictive. (1) The Jordan Water Supply Nutrient Strategy: Stormwater Management for New Development Rule of 15A NCAC 02B .0265 applies to all lands within the Jordan Lake Watershed portion of Orange County, except where standards in this Ordinance are more restrictive. 1.1.10 Coordination with Other Regulations All references contained within the Ordinance to other municipal, county, state, or federal regulations are for informational purposes only and do not constitute a complete list of such regulations.These references do not imply that the county is responsible for enforcing municipal, state, or federal regulations. 1.1.11 Delegation of Authority Provisions of this Ordinance requiring an officer, employee, board or commission to perform an act or duty, shall be interpreted as authorizing the referenced officer, employee, board or commission to delegate that responsibility to others over whom they have authority. 1.1.12 Headings and Illustrations Headings and illustrations contained herein are provided for convenience and reference only and do not define or limit the scope of any provision of this Ordinance. In case of any difference of meaning or implication between the text of this Ordinance and any heading, drawing, table, figure, or illustration, the text controls. 1.1.13 Tenses, Usage, and Conjunctions (A) Tenses and Usage (1) Words used in the singular include the plural. The reverse is also true. (2) Words used in the present tense include the future tense.The reverse is also true. (3) The words: 'must', 'will', 'shall', 'may not', 'will not', and shall not' are mandatory. (4) The word 'may' is permissive. (5) The word 'should' is advisory, not mandatory. (6) When used with numbers, 'up to X, 'not more than X, and 'a maximum of X all include that specified number. (B) Conjunctions (1) Unless the context clearly indicates otherwise, conjunctions have the following meanings: (a) 'And'indicates that all connected items or provisions apply; and (b) 'Or' indicates that the connected items or provisions may apply singularly or in combination. Orange County,North Carolina—Unified Development Ordinance Page 1-4 12 Article 2: Procedures Section 2.20:Stormwater Management Stream Buffers—Use Authorization Certificate 2.19.12 Erosion Control Plan Available of Site A copy of the approved Erosion Control Plan and any amendments and required revisions shall be kept on the job site at all times. 2.19.13 Notice of Activity Initiation No person may initiate a land-disturbing activity before notifying the Erosion Control Officer of the date that land-disturbing activity will begin. 2.19.14 Preconstruction Conference When deemed necessary by the Erosion Control Officer a preconstruction conference may be required. 2.20.1 Use Authorization Certificate (A) Application Requirements (1) An application for a Use Authorization Certificate shall be filed with the Erosion Control Officer on forms provided by the Planning Department. (2) Complete applications shall include the following: (a) The name, address and phone number of the applicant; (b) The nature of the activity to be conducted by the applicant; (c) The location of the activity, including the jurisdiction; (d) A map of sufficient detail to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimensions of any disturbance in riparian buffers associated with the activity, and the extent of riparian buffers on the land; (e) An explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve aquatic life and habitat and protect water quality; and (f) Plans for any best management practices proposed to be used to control the impacts associated with the activity. (B) Timeframe for Review (1) All requests shall be reviewed by the Erosion Control Officer and either approved or denied within 60 days of receipt of a complete application. (2) Failure to issue an approval or denial within 60 days shall constitute that the applicant has demonstrated "no practical alternatives." (3) The Erosion Control Officer may attach conditions to the Authorization Certificate that support the purpose, spirit and intent of the riparian buffer protection program. (C) Disputes 1 The original stormwater ordinance contained both stream buffer and stormwater requirements,but.review and application requirements are actually two separate processes. Section 2.20 was changed to Stream Buffers and Section 2.21 was added to pertain to Stormwater Management. Orange County, North Carolina—Unified Development Ordinance Page 2-63 Article 2: Procedures 13 Section 2.21:Stormwater Management Any disputes over determinations regarding Authorization Certificates shall be referred to the Division of Water Quality of the North Carolina Department of Environment and Natural Resources for a decision. I • STORMWATER MANAGEMENT 2.21.1 Stormwater Management Plan (A) Application Requirements (1) An application for approval of a Stormwater Management Plan shall be filed with the Erosion Control Officer on forms provided by the Planning Department. (B) Plan Requirements (1) Permanent on-site structural stormwater measures must be shown as part of the Stormwater Management Plan and must accompany the Land-Disturbing Plan submittal. Structural stormwater measures are to be in accordance with the NC DWQ Stormwater BMP Design Manual. (2) All calculations for Nutrient Export (including the nutrient accounting tool), Peak Run-off Volume, and permanent structural stormwater measures designed for Nutrient Removal must be included in the application package. (3) Structural stormwater measures that are designed, constructed and maintained in accordance with the NC DWQ Stormwater BMP Design Manual, approved accounting tool, and requirements listed in Section 6.14 will be presumed to meet the required performance standards of Section 6.14. Submittals containing measures not designed to these specifications, may be approved on a case by case basis provided the applicant provides adequate data and information showing how the deviations meet the requirements of Section 6.14. (C) Plan Approval The Erosion Control Officer is authorized to approve any Stormwater Management Plan which is in conformance with the performance standards specified in the NC DWQ Stormwater BMP QFaRge GOURty Design Manual, and other requirements of this Ordinance. (D) Approved Plan a Prerequisite The Erosion Control Officer is not authorized to issue any permits for development on any land that is defined as new development under Section 6.14 of this Ordinance unless and until a Stormwater Management Plan in compliance with the requirements of this Ordinance has been approved. (E) Design of Permanent Nutrient Export Reduction Structural Stormwater Measures When a permanent nutrient export reduction structural stormwater measure is required for new development to meet the requirements of this Ordinance, a North Carolina registered professional engineer shall prepare the plan with the Engineer's Certification of Stormwater Management affixed,signed, sealed and dated. ,SECTION • OCCUPATIONS 2.22.1 Application Requirements (A) An application for a Home Occupation Permit shall be filed with the Planning Director on - forms provided by the Planning Department. (B) Application forms shall be prepared so that when completed a full and accurate description of the proposed use, including its location, appearance, and operational characteristics are disclosed. Orange County, North Carolina—Unified Development Ordinance Page 2-64 Article 6: Development Standards 14 Section 6.14:Stormwater Management 6.13.8 Land Disturbance and Planting of Vegetation (A) Area within a stream buffer which is subject to serious erosion may be disturbed for the purpose of planting and maintaining erosion-resistant vegetative cover. (B) Existing forested areas or any other healthy vegetation may not be removed from a stream buffer, except where replaced with vegetation resulting in comparable stormwater runoff velocity and quantity one year after planting. (C) New vegetation shall be planted to capture non-source pollutants before they reach the perennial stream, as per applicable Orange County Standards. ,SECTION • - 6.14.1 Introduction As a watershed becomes more developed, the amount of impervious surface increases, causing a decrease in the rate at which stormwater runoff which can be absorbed into the soil. This results in more stormwater flowing directly into streams and other water bodies. Because this direct runoff has not been filtered through the soil, pollutants from the air and land surface enter streams and increase the potential for pollution of drinking water supplies. 6.14.2 Purpose The purpose of the Board of County Commissioners in adopting stormwater regulations is to protect the water quality of the streams that lie within Orange County by reducing and controlling stormwater runoff and addressing nutrient reductions for both new and existing development. 6.14.3 Jurisdiction-Wide and Inter-Local Approaches (A) Orange County shall have the option of implementing jurisdiction-wide and/or inter-local approaches to control stormwater runoff and achieve nutrient reductions. (B) Any jurisdiction-wide and/or inter-local approaches must be approved by the Orange County Board of Commissioners, and the Environmental Management Commission before implementation. 6.14.4 General Methods The following general approaches shall be utilized to minimize the effects of stormwater pollution on drinking water supplies in Orange County: (A) Non-Structural Stormwater Control (1) The f�tO;sh orstormwater runoff generated by one inch of rain from all project area surfaces shall be controlled to the extent possible through on-site infiltration and through the use of methods which rely on natural soil properties for absorption and treatment. (2) Run-off from roads, parking lots, and/or sidewalks shall be directed to undisturbed areas through use of berms, grassed diversion ditches or swales, or other acceptable means to reduce run-off velocity and filter out pollutants. (3) Impervious Surface Limits (a) In order to promote infiltration of stormwater runoff into the soil and minimize direct and immediate runoff into streams and water supply impoundments, the maximum percentage of the total lot area which may be covered with an impervious surface shall be specified. This limit is referred to as the "impervious surface ratio". Orange County, North Carolina—Unified Development Ordinance Page 6-101 Article 6: Development Standards 15 Section 6.14: Stormwater Management (b) Impervious surface calculations for an individual development shall be cumulative for original construction and any subsequent additions. One- half of the width of any of any existing or proposed road adjacent to an individual lot shall be included as impervious surface for that lot, except in the case where an existing road was contained within a dedicated public right-of-way at the time that the watershed regulations were first applied to the watershed within which the development is located. (4) Infiltration Techniques (a) The benefits of infiltration techniques include: (i) Removal of both suspended and dissolved pollutants, (ii) They require less maintenance, (iii) They reduce flooding, (iv) They promote groundwater recharge, and (v) They help maintain stream flow during dry periods. (b) Where on-site infiltration methods are utilized, areas for such purposes shall be designated on the plat and shall remain undisturbed both during and after construction. (c) Undisturbed areas for infiltration of run-off shall also be located downslope from impervious surfaces and shall not include areas characterized by floodplains, highly erodible or impervious soils, steep slopes or previously disturbed areas. (d) Areas designated as suitable for septic tank nitrification fields may not be used for stormwater infiltration purposes. (B) Structural Stormwater Measures (1) In cases where non-structural methods may not adequately control the first ipA,h ef—stermwvater runoff from the first inch of rain due to the amount of impervious surface proposed to be developed, and other factors such as soil type, slope, presence of floodplains and erodible soils, and/or lack of vegetative cover °6 Imes, structural stormwater measures,which capture stormwater for slow release through an outlet, are required. (2) Where required, structural stormwater measures shall be constructed in accordance with this Section. (C) Impervious Surface and Detention Pond Requirements (1) For all protected watersheds, an absolute limit on the percentage of lot area which can be covered with impervious surfaces has been established. See Section(s)4.2.5 and 4.2.6 of this Ordinance. (2) In some cases, structural stormwater measures are required when the proposed impervious surface ratio exceeds a specified percentage, which is below the absolute limit. 6.14.5 Applicability (A) The stormwater standards and regulations included herein are applicable to all new development within the Orange County planning jurisdiction, including private, public, state, and federal development not covered by a separate NPDES permit, as follows: (1) Falls Lake Watershed (a) Any activity that cumulatively disturbs greater than one-half acre of land in order to establish, expand or modify a single family or duplex residential development or a recreational facility. Orange County, North Carolina—Unified Development Ordinance Page 6-102 Article 6: Development Standards 16 Section 6.14: Stormwater Management (b) Any activity that cumulatively disturbs greater than 12,000 square feet of land in order to establish, expand, or modify a multifamily residential development or a commercial, industrial or institutional facility. (c) New development that disturbs less than the above thresholds are exempt unless the new development is part of a larger common plan of development or sale and the larger common plan exceeds the above thresholds, even though multiple, separate or distinct activities take place at different times on different schedules. (2) Jordan Lake Watershed (a) Any activity that cumulatively disturbs greater than one acre of land in order to establish, expand or modify a single family or duplex residential development or a recreational facility. (b) Any activity that cumulatively disturbs greater than one-half an acre of land in order to establish, expand, or modify a multifamily residential development or a commercial, industrial or institutional facility. (c) New development that disturbs less than the above thresholds are exempt unless the new development is part of a larger common plan of development or sale and the larger common plan exceeds the above thresholds, even though multiple, separate or distinct activities take place at different times on different schedules. (B) New development shall not include agriculture, mining, or forestry activities, as defined by North Carolina General Statutes. 6.14.6 Review Criteria (A) New development plaf}s within the Orange County planning jurisdiction must comply with the following: (1) Riparian areas must be protected and maintained in compliance with this Ordinance, (2) Nutrient load contribution must meet the standards listed in Section 6.14.7 adepted 9F as may be amen e , as required-by the North Carolina Division of Water Quality(NC DWQ), (3) No net increase in peak flow leaving the site from the predeveloprnent conditions for the 1-year,24-hour storm, aR4 (4) MUSS .^^+r^l the fimt iRGh of stGFFnwate,r peff Stormwater systems shall be designed to control and treat, at a minimum,the stormwater runoff generated by one inch of rainfall from all project area surfaces. The treatment volume shall be drawn down pursuant to standards specific to each practice as determined by the current version of the NC DWQ stormwater design manual. (5) New development that would exceed the nutrient loading rates set out in subsection (A)(2)above, shall include engineered stormwater controls designed to have a minimum of 85%average annual removal for Total Suspended Solids (TSS). (B) Proposed new development may satisfy the review criteria standards of this section by meeting the post-development hydrologic criteria set out in Chapter 2 of the most recent version of the North Carolina Low Impact Development Guidebook. 6.14.7 Nutrient Load (A) Nitrogen and phosphorus loads contributed by proposed new development shall not exceed the following unit-area mass loading rates: (1) Falls Lake Watershed Orange County, North Carolina—Unified Development Ordinance Page 6-103 Article 6: Development Standards 17 Section 6.14:Stormwater Management (a) Nitrogen, 2.2 pounds per acre per year (b) Phosphorus, 0.33 pounds per acre per year (2) Jordan Lake Watershed (a) Upper New Hope Creek Arm (i) Nitrogen, 2.2 pounds per acre per year (ii) Phosphorus, 0.82 pounds per acre per year (b) Haw River Arm (i) Nitrogen, 3.8 pounds per acre per year (ii) Phosphorus, 1.43 pounds per acre per year (B) The nutrient export from each new development shall be calculated in pounds per acre per year(using the approved accounting tool) in accordance with the methodologies approved by the NC DWQ. (C) If a proposed development subject to nutrient load requirements contributes nutrients greater than the standards listed above, the developer may install structural stormwater BMPs to meet the required nutrient load standards or do a combination of BMPs and offset payments to achieve the standard. if e development een+rih ,teenutrients + Ren 0) Residential Development e'} Install BMPs to remeve erg^ 1^h R61tFieRtG to bring the deyelenmen+.+e,.,r,+e+he.,;taR aFd erlented by the NG r1t1 Q (II�Pay a ene time effse+payment te bFiRg the + ' } dGWR+ the StandaFd adopted by the NG DWQ. ti 0 De a sembination of RR4P Rd effset Rt tG aGh:Ge the standard adopted by the NG rlWQ (b) if the e Mputed expert is greater th- 6.0 Ih /- / then the + uGG nn_c,+e READS+9 Nr'ne the deVGelen Yc a rF GIGWA W 6 a Ibs/as�yr The e ,ner ^y+he of the three GptiGRG •ri ,+ the PAS DWQ- (2) Non-Residential) Development- (a) ifthe GOmputed expeFt is less+h-,n 49.0 Ih /a / +h +h either: I1 Install BMPs to re h + ' + + h ' the 00 Pay a e iee time offset payment to bFiRg the + ' + d + the Do h•n +inn of QNADo and ef-s + a t+ e h' +h StandaFd adopted by the NQ DVVQ. (b) must use OR site BMPs to brim.y the d I r expert rt d + (1 4(1 The n +h f the +' id rl a SFr ^C'i may ��c iuse 0111-pi CI IG CI"TGri�rTRG'1'i�'"�JIVRQGCf by the NG DWQ. Orange County, North Carolina—Unified Development Ordinance Page 6-104 Article 6: Development Standards 18 Section 6.14:Stormwater Management (D) Offset Payments (1) lrn,�r'ee6rdaRGe with sub GGGtiGR (9) abeyo effset fees may bepermitted to Fneet the n,,tries+ expert levels set fGr .,deyelenmen+anti„it . Offset fees may be permitted to meet the nutrient export levels set for new development. In order to utilize offset fees,the proposed new development subject to the nutrient load standards must attain nitrogen and phosphorus loading rate reductions on-site that meet the following criteria prior to using an offsite offset measure: (a) Falls Lake Watershed (i) 30%or more reduction in both nitrogen and phosphorus loading from the untreated conditions for any single-family, detached and duplex residential development disturbing one half acre but less than one acre; (ii) 50%or more reduction in both nitrogen and phosphorus loading from the untreated conditions for any single-family, detached and duplex residential development disturbing more than one acre; (iii) 30%or more reduction in both nitrogen and phosphorus loading from the untreated condition for other development, including multi-family residential, commercial and industrial development disturbing 12,000 square feet but less than one acre; (iv) 50%or more reduction in both nitrogen and phosphorus loading from the untreated condition for other development, including multi-family residential, commercial and industrial development disturbing more than one acre; (v) 30 percent or more reduction in both nitrogen and phosphorus loading from the untreated condition for proposed redevelopment activities in a designated downtown area that would replace or expand structures or improvements that existed as of December 2006. (b) Jordan Lake Watershed (i) Six pounds per acre per year nitrogen for single-family, detached and duplex residential development. (ii) Ten pounds per acre per year nitrogen for other development including commercial, industrial, and multi-family residential. (2) Offset fees shall be paid te the North GaFGI;Ra EGGsystem Enh2RGement PFGgram (ISIGEEP) • , to mitig2t n baR a d h"the "iQDVVn I+ a PGIiGY G j-i v� �-or-p ri�v acs-rrrrnyr+ - - �°ca-o�crrc-i�Tr-ro-thcP°rtvY° the NGDWQ that the funds be utilized wheFe they aFe geRepated te the ext n+ ssible u6 lGRg s they n...R obtain the G rutiG ^f+,TV-,-.I-a,00caI .,I �cc°c...I:.e ... ..y .., ..,y ., w vvpe. goveFRment. Offset fees may be paid to the North Carolina Ecosystem Enhancement Program (NCEEP), approved private mitigation bank, or other mitigation option as approved by the NC DWQ and Orange County. It is the policy of NC DWQ and Orange County, as well as a requirement in certain watersheds,that offset payment funds be utilized where they are generated to the maximum extent possible. (3) Offset payment fees and calculation methods are determined by the North Quality{NCDWQ}as approved by the North Carolina Environmental Management Commission (EMC). The total amount of offset payment will be seetien 15A NGAG 02B.0240 "N'easeRiveF-Basra—"Nutr;e„t Se„st;ve Waters Management Strategy" Nutrient Offset Payments"of the Nerth ( aFelffiRa Administrative Gerle (NGDVVQ's "Red Reek") determined based on current NC DWQ policy and regulation on a case by case basis. Orange County, North Carolina—Unified Development Ordinance Page 6-105 Article 6: Development Standards 19 Section 6.14: Stormwater Management (E) Permanent Nutrient Export Reduction Best Management Practices (1) Allowable on-site structural stormwater BMPs for nutrient reduction shall include those listed in the current NC DWQ Stormwater Best Management Practices Manual (Stormwater BMP Manual)or others approved on a case by case basis. (2) Design, maintenance and operation of stormwater BMPs shall follow standards provided in the Stormwater BMP Manual. (3) Deviations from these standards may be allowed as approved on a case by case basis. The r fnlIG_INino nn_c'+e l3NIlPs may be u fl' d for red 4ie + f � rdeyelenman+s• (4) Wet etct en pa;mss; (5) (Genstrueted wetlands, (6) Open GhaR„e;p Gt+EaG (7) RipaKianuffers, (8) Biereter�ti r (g) (F) Total Nutrient Removal Rates Total nutrient removal rates of stormwater BMPs and BMPs in a series will be calculated pursuant to the approved accounting tool. Quality's Stormwater Best Management PraGtiGes MaRUal (StGFmW2teF E3MP M2Rua4-. To FeG9iVe full AI_'tPiP_Rt redUGtieR Gredit, design st@Rdapds FRUSt follow those outliRe44R the StGFMwateF BMP Manual. k/2riaRP-es; frern the design standards may be allowed as appFeved n a e by s e basic 6.14.8 Peak Runoff Volume (A) Standard For all new development, there shall be no net increase in peak flow leaving the site from the predevelopment conditions for the 1 year, 24 hour storm. (B) Exemptions to the Peak Flow Requirements 0) Peak flew requirerneRts 2re waived feF development that meets the fG!lc)W!*R- c nri (a) IRFease in peak flow between pre-and post development 44 does not eXG88d 100%. b) Proposed new development meets II f the fA_lIGWiRg '+ (i) Total impervieas SU42se is less than ; 2-Rd (iiT---Remaining pervious suFfaGe maximizes StC)FMW@teF FURE)ff GGRtFGI and GGRveyaRGe. (G) Detention Will a e further flooding lands that h flee ding d s+orrn events- (2) PFGfoss al eRgiReor and s hmitted ' WritiRq to the RaRRiRg Di + Designee. Appeals .d als of this e will follow C +' 2.24 f this Q di �- (C) Calculating Peak Runoff Volume Orange County, North Carolina—Unified Development Ordinance Page 6-106 Article 6: Development Standards 20 Section 6.14: Stormwater Management (1) The following are acceptable methodologies for computing the pre-and post- development conditions for the 1 year,24 hour storm: (a) Rational Method, (b) Peak Discharge Method as described in the USDA Soil Conservation Service's Technical Release Number 55 (TR-55),er (G) PUtRaFn Meta (d) Alternative methods must be approved by the County and the EM(;. (2) The same method must be used for both the pre-and post-development conditions. (3) Raleigh Rainfall Depths 6.14.9 Stormwater Management Plan (A) Required Approval The Erosion Control Officer shall not issue any permits for new development on any land within Orange County subject to the provisions of this Section, unless and until a Stormwater Management Plan has been reviewed and approved in accordance with Section 2.21.1 of this Ordinance. (B) Compliance with Requirements Any person engaged in new development activities as defined by this Section who fails to file a plan in accordance with this Ordinance, or who conducts any new development except in accordance with provisions of an approved Stormwater Management plan shall be deemed in violation of this Ordinance. (C) Enforceable Restriction Approval of the Stormwater Management plan shall require an enforceable restriction on property usage that runs with the land,such as a recorded deed restriction or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved Stormwater Management plan. 6.14.10 Operation and Maintenance of Structural Stormwater Measures (A) Posting of Financial Security All stormwater control structures shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs or reconstruction necessary for adequate performance. Financial assurance shall be in the form of one of the following: (1) Security for Construction of Required Improvements (a) The permit applicant"shall provide one of the following as surety for the completion of required improvements: (i) A performance bond from a surety bonding company authorized to do business in North Carolina, (ii) An irrevocable letter of credit or other instrument readily convertible into cash at face value payable to Orange County or (iii) Cash placed in escrow with a financial institution designated as an official depository of Orange County. Orange County, North Carolina—Unified Development Ordinance Page 6-107 Article 6: Development Standards 21 Section 6.14:Stormwater Management (b) The bond or other instrument shall be in an amount equal to 1.25 times the total cost of the stormwater control structure, as estimated by the applicant and approved by the County Engineer. (i) Total Cost a. The total cost of the stormwater control structure shall include the following: i. The value of all materials such as piping and other structures; ii. Seeding and soil stabilization; iii. Design and engineering; and, iv. Grading, excavation, fill, etc. b. The costs of the stormwater control structure shall not be prorated as part of a larger project, but shall be costed as a separate project. (c) Failure to Perform (i) Upon default of the permit applicant to complete and/or maintain the stormwater control structure as spelled out in the performance bond or other security, the County may obtain and use all or any portion of the funds necessary to complete the improvements based on an engineering estimate. (ii) The Board shall return any funds not spent in completing the improvements to the owning entity. (2) Security for Maintenance of Required Improvements (a) The permit applicant shall deposit with Orange County either cash or other instrument approved by the County Attorney that is readily convertible into cash at face value. (b) The cash or security shall be in an amount equal to 15%of the total cost of the stormwater control structure or the estimated cost of maintaining the stormwater control structure over a ten year period,whichever is greater. (i) Estimated Maintenance Costs a. The estimated cost of maintaining the stormwater structure shall be consistent with the approved operation and maintenance plan or manual provided by the developer under Section 6.14.10(B)(2). b. The amount shall be computed by estimating the maintenance cost for 25 years and multiplying this amount by two-fifths or 0.4. (c) Failure to Perform (i) Upon default of the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the Operation and Maintenance Agreement,the County shall obtain and use all or any portion of the cash security to make necessary improvements based on an engineering estimate. (ii) Such expenditures of funds shall only be made after exhausting all other reasonable remedies seeking the owning entity to comply with the terms and conditions of the Operations and Maintenance Agreement. Orange County,North Carolina—Unified Development Ordinance Page 6-108 Article 6: Development Standards 22 Section 6.14:Stormwater Management (iii) The County shall not return any of the deposited cash funds. (B) Maintenance and Upkeep (1) Operation and Maintenance Agreement (a) The permit applicant shall enter into a binding Operation and Maintenance Agreement between Orange County and all' interests in the development. (b) The agreement must include the following: (i) Name and address of the person or organization financially responsible for paying the annual inspection fee; (ii) Name(s)and address(es)of all parties to whom a copy of the annual inspection report should go; (iii) Name and address of the person or organization financially responsible for all maintenance specified in the annual inspection report; and (iv) Emergency contact information. (c) The Agreement shall require the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the operation and management plan or manual prepared by the developer. (d) The Operations and Maintenance Agreement shall be signed and notarized and filed with the Orange County Register of Deeds. (e) In residential subdivisions where a Homeowner's Association will be assuming responsibility for all permanent structural stormwater measures, a signed and notarized Homeowner's Association Notification will be required, and a revised maintenance agreement must be submitted. This must be given to the Orange County Planning Department before the Land Disturbing Permit may be closed, and any construction bond held on the permanent structural stormwater measures may be released. (f) The owner of each stormwater BMP,whether engineered stormwater control or non-engineered stormwater control,shall maintain it so as not to create or result in a nuisance condition. (g) Every engineered stormwater control installed pursuant to this Ordinance shall be made accessible for adequate maintenance and repair by a maintenance easement.The easement shall be recorded and its terms shall specify who make use of the easement and for what purposes. (h) The owner of each engineered stormwater control shall keep records of inspections, maintenances, and repairs and shall submit the same upon reasonable request to the Erosion Control Officer. (2) Operation and Maintenance Plan (a) An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure, indicating the following: (i) What operation and maintenance actions are needed, (ii) What specific quantitative criteria will be used for determining when those actions are to be taken, and (iii) Who is responsible for those actions, consistent with the Operations and Maintenance Agreement. Orange County,North Carolina—Unified Development Ordinance Page 6-109 Article 6: Development Standards 23 Section 6.14:Stormwater Management (b) The standard maintenance plan shall specifically address, but is not limited to: (i) Any mowing of permanent vegetation, (ii) Any removal of bushes and trees from the dam of a wet detention pond, (iii) Reseeding of any eroding areas of the wet detention ponds, open channel practices, riparian buffers, and vegetated filter strips, (iv) Replacing of impaired vegetation in a constructed wetlands or riparian buffer, (v) Removal of debris from the'trash rack' on any wet detention pond or sand filter, and (vi) Repair of any damage to structural aspects of wet detention ponds,constructed wetlands, level spreaders, and sand filters. (c) The Plan shall clearly indicate the steps that will be taken for restoring a stormwater control structure to its design specifications if a failure occurs. (3) Landscaping and Grounds Maintenance (a) Landscaping and grounds maintenance shall be the responsibility of the owning entity. (b) Vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened,or to the extent of interfering with any easement or access to the stormwater structure. (4) Repair or Reconstruction (a) Except for general landscaping and grounds maintenance,the owning entity shall notify the County prior to any repair or reconstruction of the stormwater structure. (b) After notification by the owning entity, the Erosion Control Officer shall inform the owning entity of any required additions, changes or modifications and of the time period to complete said improvements. (c) All improvements shall be made consistent with the approved plans and specifications of the stormwater control structure and the operations and maintenance plan or manual. (C) Inspections and Release of Sureties (1) County Inspection and Review (a) The stormwater control structure shall be inspected by the Erosion Control Officer,after the owning entity notifies him/her that all work has been completed. At this inspection,the owning entity shall provide: (i) The signed deed, related easements and survey plat for the stormwater control structure ready for filing with the Orange County Register of Deeds; and (ii) A certification sealed by an engineer or landscape architect(to the extent that the General Statute, Chapter 89A, allow)stating that the detention pond is complete and consistent with the plans and specifications. Orange County, North Carolina—Unified Development Ordinance Page 6-110 Article 6: Development Standards 24 Section 6.14:Stormwater Management (b) If the project passes inspection and the Erosion Control Officer accepts the certification, deed and easements,lie the owning entity shall file the deed and easements with the Orange County Register of Deeds, release up to 75%of the value of the performance bond or other security and issue a Watershed Protection Compliance Permit for,the stormwater control structure. (c) If deficiencies are found, the Erosion Control Officer shal'i direct that the necessary improvements be made and/or documents corrected and resubmitted for approval. Upon completion, the improvements shall be re-inspected. (2) Watershed Protection Compliance Permit Required Prior to Occupancy No Building Permit or Certificate of Occupancy may be issued in the absence of a valid Watershed Protection Compliance Permit. (3) Release of Remaining Security (a) No sooner than one year after the filing date of the deed, easements and maintenance agreement, the developer may petition the Board of County Commissioners to release the remaining value of the performance bond or other security. (b) Upon receipt of said petition,the Erosion Control Officer shall inspect the stormwater control structure to determine whether the controls are performing as designed and intended. (c) The Erosion Control Officer shall present the petition, inspection report and recommendations to the Board of County Commissioners. (d) Board of County Commissioners Review (i) If the Board of County Commissioners approves the report and accepts the petition, the developer shall deposit with Orange County a cash amount equal to that described in Section 6.14.10(C)(5), after which,the Board of County Commissioners shall release the performance bond or other security. (ii) If the Board of County Commissioners does not accept the report and rejects the petition, it shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release of the performance bond or other security. (4) Annual Inspection Required (a) All stormwater structures shall be inspected by QFaRge rte„ Rty the owning entity at least on an annual basis to determine whether the controls are performing as designed and intended. (b) Records of inspections shall be ^�^i�Ord submitted annually to the Erosion Control Officer on forms approved er-supplied by the h Orange County. (c) Annual inspections shall begin within one year of the filing date of the deed for the stormwater control structure. Orange County, North Carolina—Unified Development Ordinance Page 6-111 Article 6: Development Standards 25 Section 6.14:Stormwater Management (d) The Erosion Control Officer will peried+safly inspect each stormwater BMP approved pursuant to these rules approximately every five years. In the event the Erosion Control Officer discovers the need for corrective action of improvements, he/she shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed. All improvements shall be made consistent with the plans and specification of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the Erosion Control Officer shall inspect and approve the completed improvements. (5) Annual Maintenance Inspection Fee (a) The Fee for the first year shall be paid before: (i) The release of any Final Certificate of Occupancy for Non- Residential Properties. (ii) The release of the construction bond for Residential or Non- Residential Properties. (b) The fee shall be based upon the current Orange County Planning Fee Schedule, and shall be paid to Orange County following each annual inspection. (c) Failure to pay the Annual Maintenance Inspection Fee shall be deemed a violation of this Ordinance. 6.14.11 Amendments to Approved Plans and Specifications (A) Minor Amendments to Plans and Specifications (1) Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual may be approved by the Erosion Control Officer, provided that the changes do not involve a change in the size or location of the structure. (2) Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect(to the extent that the General Statutes, Chapter 89A, allow)and submitted for review by the Erosion Control Officer. (3) Erosion Control Officer Review (a) If the Erosion Control Officer approves the proposed changes, the owning entity of the stormwater control structure shall file sealed copies of the revisions with the Erosion Control Officer. (b) If the Erosion Control Officer disapproves the changes, the proposal may be revised and resubmitted as a new proposal. If the proposal has not been revised and is essentially the same as that already reviewed, it shall be returned to the applicant. (c) The Erosion Control Officer shall report any such revisions to the Board of County Commissioners at the next available regular meeting. (B) Major Amendments to Plans and Specifications (1) Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual which involve a change in the size or location of the structure may be approved by the Board of County Commissioners after receiving a recommendation from the Erosion Control Officer. (2) Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect(to the extent that the General Statutes, Chapter 89A, allow)and submitted to and reviewed by the Erosion Control Officer. Orange County, North Carolina—Unified Development Ordinance Page 6-112 26 Ordinance#:2012- 0( 1 BE IT FURTHER ORDAINED that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner seconded by Commissioner the foregoing ordinance was adopted this day of ' 2012. I, Donna S. Baker, Clerk:to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2012 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this _ day of , 2012. SEAL Clerk to the Board of Commissioners DRAFT DRAFT DRAFT 27 Excerpt of Draft Minutes Attachment 3 1 2 DRAFT MINUTES 3 ORANGE COUNTY BOARD OF COMMISSIONERS 4 ORANGE COUNTY PLANNING BOARD 5 QUARTERLY PUBLIC HEARING 6 February 27, 2012 7 7:00 P.M. 8 9 10 The Orange County Board of Commissioners and the Orange County Planning Board 11 met for a Quarterly Public Hearing on Monday, February 27, 2012 at 7:00 p.m. at DSS Offices, 12 Hillsborough Commons, Hillsborough, N.C. 13 14 COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier, and Commissioners 15 Valerie P. Foushee, Barry Jacobs, Pam Hemminger, Earl McKee and Steve Yuhasz 16 COUNTY COMMISSIONERS ABSENT: Alice M. Gordon 17 COUNTY ATTORNEY PRESENT: John Roberts 18 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Manager 19 Michael Talbert and Deputy Clerk to the David Hunt(All other staff members will be identified 20 appropriately below) 21 PLANNING BOARD MEMBERS PRESENT: Chair Brian L. Crawford, Vice Chair Lary Wright, 22 Pete Hallenbeck, Mark Marcoplos, H.T. "Buddy Hartley", Johnny Randall, Andrea Rohrbacher, 23 Lisa Stuckey 24 PLANNING BOARD MEMBERS ABSENT: Judith Wegner, Rachel Phelps Hawkins, Maxecine 25 Mitchell, Alan Campbell 26 27 Chair Pelissier called the meeting to order at 7:07 PM. 28 29 A. OPENING REMARKS FROM THE CHAIR 30 31 B. PUBLIC CHARGE 32 The Chair dispensed with the reading of the public charge. 33 34 C. PUBLIC HEARING ITEMS 35 Planning Board Chair Brian Crawford announced the agenda and read the public charge. 36 38 7. Unified Development Ordinance(UDO) Text Amendments-To review government- 39 initiated amendments to the text of the UDO to revise several Sections pertaining to 40 stormwater. These amendments are required by the State of North Carolina to meet the 41 Falls Lake and Jordan Lake New Development Rules. 42 43 44 Stormwater Resource Officer Terry Hackett made a PowerPoint presentation. 45 46 47 Unified Development Ordinance 48 Proposed Text Amendments 49 Stormwater Requirements for DRAFT DRAFT DRAFT 2 g . 1 - New Development 2 (UDO/Zoning 2012-08) 3 February 27, 2012 4 Quarterly Public Hearing 5 Item C.7 6 7 Purpose 8 Modify stormwater development standards to meet the state required Falls Lake and Jordan 9 Lake New Development stormwater rules. 10 11 Background 12 ➢ Both Falls Lake and Jordan Lake considered polluted due to excessive nutrient input 13 ➢ Nutrients include Nitrogen and Phosphorous 14 ➢ Stormwater runoff is one of the major sources 15 ➢ The State designated both lakes/watersheds as Nutrient Sensitive Waters (NSW) 16 ➢ State legislature required new rule making, mandating nutrient reductions entering lakes 17 Jordan Lake Rules became effective...August 11, 2009 18 Falls Lake Rules became effective...January 15, 2011 19 ➢ Both rules require new development to meet nutrient limits in stormwater runoff 20 Significant Changes 21 ➢ Section 6.14.5 22 Applicability 23 Based on land disturbance 24 ➢ Section 6.14.6 25 Review Criteria 26 Includes peak flow, volume control and nutrient requirements 27 ➢ Section 6.14.7 28 Nutrient loading limits 29 • Very restrictive for Falls and UNHA of Jordan 30 Offset payments 31 • A portion of the nutrient load can be offset 32 • Must meet on-site requirements first 33 Implications 34 ➢ For Development: 35 ➢ Longer review time 36 ➢ Increased design and construction cost 37 ➢ More land needed to construct stormwater controls 38 ➢ Individual residential lots may require formal plan, calculations, and controls 39 Implications 40 ➢ For Staff. 41 - More projects requiring review 42 - Increased review time per project 43 - Post-construction inspections and tracking 44 ➢ Currently analyzing staff resource needs 45 46 Recommendation 47 1. Receive the proposed amendments to the Unified Development Ordinance as detailed in 48 the abstract and attachments. DRAFT DRAFT DRAFT 29 1 2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on 2 the proposed amendments. 3 3. Refer the matter to the Planning Board with a request that a recommendation be 4 returned to the BOCC in time for the April 17, 2012 regular meeting. 5 4. Adjourn the public hearing until April 17, 2012 in order to receive and accept the 6 Planning Board's.recommendation and any submitted written comments. 7 8 Commissioner Yuhasz asked what happens if the County does not do this. Terry 9 Hackett said that he does not know. 10 Commissioner Yuhasz made reference to page 14, 1-C and that the new development is 11 part of a larger common plan. He asked if this referred to a new subdivision or an existing 12 subdivision. He asked if new development would apply to those existing lots in an old 13 subdivision. 14 Terry Hackett said that it applies to new subdivisions. 15 Terry Hackett answered clarifying questions of Commissioner Yuhasz and 16 Commissioner Jacobs. 17 Commissioner McKee made reference to page 18 regarding the restrictions. He said 18 that this is in place to ensure that a future owner would not keep the best management practices 19 in place. He asked about enforceable restrictions and what kind of penalties there would be. 20 Terry Hackett said that it would be on a case-by-case basis. 21 Commissioner McKee said that the requirement for Falls Lake is not attainable. This is 22 his opinion. 23 Craig Benedict said that it will be problematic for higher intensity development. There is 24 some discussion of transfer of nutrient rights where developers that want to develop intensely in 25 some of the economic development zones may have to trade the nutrient percentages into an 26 area. 27 A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz 28 to refer the matter to the Planning Board with a request that a recommendation be returned to 29 the BOCC in time for the April 17, 2012 BOCC regular meeting; and adjourn the public hearing 30 until April 17, 2012 in order to receive and accept the Planning Board's recommendation and 31 any submitted written comments. 32 VOTE: Ayes, 5; No, 1 33 Excerpt of Draft Minutes DRAFT Attachment 4 30 1 MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 MARCH 7,2012 4 REGULAR MEETING 5 6 7 MEMBERS PRESENT: Brian Crawford (Chair), Eno Township Representative; Larry Wright (Vice-Chair), At-Large, Cedar 8 Grove Township; Alan Campbell, Cedar Grove Township Representative; Buddy Hartley, Little River Township 9 Representative; Lisa Stuckey, Chapel Hill Township Representative; Rachel Hawkins, Hillsborough Township 10 Representative;Peter Hallenbeck, Cheeks Township Representative; Maxecine Mitchell,At-Large Bingham Township; 11 12 13 MEMBERS ABSENT: Johnny Randall,At-Large Chapel Hill Township; Judith Wegner, Bingham Township Representative; 14 Mark Marcoplos,At-Large, Bingham Township;Andrea Rohrbacher,At-Large Chapel Hill Township; 15 16 17 STAFF PRESENT: Craig Benedict, Planning Director, Perdita Holtz, Planning Systems Coordinator, Michael Harvey,Current 18 Planning Supervisor, Shannon Berry, Special Projects Planner, Terry Hackett, Stormwater Resource Officer,Deb ra 19 Graham,Administrative Assistant II 20 21 22 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 23 24 25 , *, * 26 27 Agenda Item 10: Unified Development Ordinance(UDO)Text Amendments-To make a recommendation to the 28 BOCC on govemment-initiated amendments to the text of the UDO to revise several Sections 29 pertaining to stormwater. These amendments are required by the State of North Carolina to meet 30 the Falls Lake and Jordan Lake New Development Rules. This item was heard at the February 27, 31 2012 quarterly public hearing. 32 Presenter: Terry Hackett, Stormwater Resource Officer 33 34 Terry Hackett: Reviewed abstract. 35 36 Larry Wright: If you are a landowner and there is a hog farm on a hill-above you and stormwater runs onto your property, 37 are you subject to having control over that? 38 39 Terry Hackett: Yes. A landowner that is proposing to develop it will have to account for any run on, any surface 40 stormwater running onto their property. If it is a hog farm, there are agricultural rules within the Falls Lake and Jordan 41 Lake that require the agricultural community to make nutrient reduction. If it was an industrial type hog farm,there would 42 be some type of individual permit they would have to get including and NPDES discharge permit. In general,the way most 43 civil engineers deal with that is as water comes on,they create a diversion and bring that water around and it passes by so 44 they don't have to account for it on site. 45 46 Pete Hallenbeck: The nitrogen that shows up,when it rains,does the rain water absorb nitrogen in the air and the problem 47 is that it will lie around for a while to get rid of it? 48 49 Terry Hackett: That is one of the issues that was a big debate during the stakeholder process especially for the Falls Lake 50 rules as to what those sources really are. Nitrogen is similar to water in that it has a cycle so there is atmospheric 51 nitrogen. The City of Durham is doing a study to try to show that is a major source, not just the storm water. When you 52 get your impervious,the nitrogen that is naturally there cannot soak into the ground and we have excess that runs off. 53 1 DRAFT 31 54 Pete Hallenbeck: When you think about an area receiving run off from nowhere else,an impervious surface the rain hits it 55 and the water coming off that could be deemed as having too much nitrogen. The concern is that if you make an 56 impervious surface that increases running water into a stream that is the thing trying to be controlled. 57 58 Terry Hackett: Yes. 59 60 Larry Wright: You talked about run-ons,you used the term developer, is a single home a development by a developer? 61 62 Terry Hackett: Under these rules, it would be considered new development subject to these amendments if it was over the 63 land disturbance threshold set out by the state. 64 65 Lisa Stuckey: Half acre of disturbance so it is a big house with a long driveway? 66 67 Terry Hackett: It is more common that what you think. Because our large lots, low density, it doesn't take much of a 68 driveway to hit that. I did a small presentation to the land development committee for the Durham Orange Homebuilders 69 Association on this issue. In 2011,there were 30 erosion control permits based on land disturbance. Of those there were 70 19 single family residences that required an erosion control permit. Of those, seven would have required a storm water 71 plan and subject to these rules. 72 73 Brian Crawford: What are some things the homeowner's association was looking at to alleviate or make sure they don't 74 have*to pay this fee? 75 76 Terry Hackett: We would encourage the overall developer look at the stormwater runoff patterns from all the lots and 77 estimate what would be cleared and they would install structural BMPs. 78 79 Maxecine Mitchell: Would these affect someone who already has a home on a property and wants to increase their 80 square footage? 81 82 Terry Hackett: If they hit that land disturbance threshold. One of the things we will start tracking is if someone builds a 83 home that has an individual stormwater management plan and we see they have met the requirements, we have 84 institutionalize that so when they come back to add something it may kick them over. 85 86 Buddy Hartley: What happens if this wasn't adopted? The answer was there is no option. 87 88 Terry Hackett: The state requires it. There really is no option. 89 90 Lisa Stuckey: It seems like this is a part of a larger thing that is trying to control pollution and keep our waterways clean. 91 92 MOTION made by Lisa Stuckey to accept staffs proposal. Larry Wright seconded. 93 VOTE: Unanimous 94 2