HomeMy WebLinkAboutORD-2012-011 Amendments to Unified Development Ordinance (UDO/Zoning 2012-08) – Stormwater Ordinance 9:2012-011
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
WHEREAS, there is a need to review and, as necessary, revise existing land use
regulations overtime, and
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
StFikethreugh = Deleted Text
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Ordinance#•2012-011
BE IT FURTHER ORDAINED that this ordinance be placed in the book of published
ordinances and that this ordinance is effective upon its adoption.
t
Upon motion of Commissioner seconded by
Commissioner -ems 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 c ath� of said County, this[TL day of
2012. ®
17 52
for QLaco�`��
SEAL
Clerk to the Board of Commissioners
Article 6: Development Standards
Section 6.14: Stormwater Management
(d) The Erosion Control Officer will periodically 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
i
(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
Article 6: Development Standards
Section 6.14: Stormwater Management
(b) If the project passes inspection and the Erosion Control Officer accepts
the certification, deed and easements, he/she 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 shall 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 BFaage GeYRty
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 reaiRta+ned submitted annually to the
Erosion Control Officer on forms approved eF supplied by the-NeFth
Drange 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
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
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
I
Article 6: Development Standards
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
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), Gr
(d) Alternative methods must be approved by the County @Rd-the€MG.
(2) The same method must be used for both the pre-and post- development
conditions.
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•
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
l
Article 6: Development Standards
Section 6.14: Stormwater Management
(E) Permanent Nutrient Export Reduction Best Management Practices
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.
dew
(4) Wetdete„t;OR PeRdS,
(5) (GGRGtFHGted wetlands,
`7) RipaFiaR b #er-,,
(9) Gtheps appreved by NGPWQ.
(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.
the Ste
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 Requireme4#&
0) Peak flow requ'FeMeRtr,are Waived fer deV81GPMeRt that meets the fqll.G�
GFiteFia:
0
0
Remaining perviGus s -zes'_;tA_FRW.AVateF PuRefF,.,.p#(94
(2)This request fer exemptien must be prepped by a Nerth GaFc)!OR@ registeFeel
PesigRee. Appeals of this deGiGieR Will fG!!eW SeGt*E)R 2.24 ef this QFdiRaRGe.
(C) Calculating Peak Runoff Volume
Orange County, North Carolina—Unified Development Ordinance Page 6-106
Article 6: Development Standards
Section 6.14: Stormwater Management
(D) Offset Payments
(1)
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) Off-set fees shall be paid to the NE)Fth GaF9IiRa EGGsystem EnhaRGeFneRt Pregram
the NGDVVQ that the fURds be utilized wheFe they are geRGFated te the maximum
g9V8FRFR8Rt. 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 ?Jerk#
Quality(NCDWQ}as approved by the North Carolina Environmental
Management Commission . The total amount of offset payment will be
SeGtieR 15A NGAQ 02E.0240"Neese River Eas'R N61tFieRt SeR6itiye Watem
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
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 Nerth Garelina Divisiop Af 14 ater Quality �]C 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
(4) Residential Development
(a) if the ooi uteri ° eFt i IGGG than 69.0 !bS/aG/vr then the GWReF May
(b) If th8 GOMP61ted expert is greater than 6.0 lbSiaG/YF, then the GWReF MYSt
ri'p^a ca cxpo t rv�c vcz rtarro-o-rvvrcxvey-r-crrcn
VTLT,G�
the NQ
(2) Nen-Rps+dential Development
eit
Tii) Pay o °_time effset payment to hriRg the r„,tr'ent rdGWR to the
(b)
Orange County, North Carolina—Unified Development Ordinance Page 6-104
Article 6: Development Standards
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 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
as required-by the North Carolina Division of
Water Quality (NC DWQ),
(3) No net increase in peak flow leaving the site from the predevelopment conditions
for the 1-year, 24-hour storm, a-Rd
(4) 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
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
of stormwater runoff ,,�om 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-.--t;4
SUGh Gases, 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,
Mate, 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
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.
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 firof-stormwater 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 2: Procedures
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.
• 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 9FaRgeGe6IRty 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 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.
SECTION 1: STORMWATER MANAGEMENT
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
' 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 1: Administration
Section 1.1: General Provisions
.0241, 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) i he 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
Article 1: Administration
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 Zoning 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 02B .0235, .0240, .0233,
Orange County, North Carolina—Unified Development Ordinance Page 1-3