HomeMy WebLinkAboutAgenda - 02-27-2012 - C7 . 1
ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 27, 2012
Action Agenda
Item No. C-7
SUBJECT: Amendments to Unified Development Ordinance Text(UDO/Zoning 2012-08)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan/Land Use Element Terry Hackett, 245-2588
Map and Unified Development Ordinance Ren Ivins, 245-2586
(UDO) Amendment Outline Form
(UDO/Zoning 2012-08)
2. Amendment Packet
Educational Materials:
3. Fact Sheet - Falls Lake/Jordan Lake
Stormwater Rule for New Development in
Orange County
PURPOSE: To hold a public hearing on state required text amendments to the Unified
Development Ordinance to meet the Falls Lake/Jordan Lake stormwater new development
rules.
BACKGROUND: Both Falls Lake and Jordan Lake are considered polluted due to excessive
nutrient (nitrogen and phosphorus) inputs and stormwater runoff is one of the major sources. As a
result, both lakes have been designated as Nutrient Sensitive Waters (NSW) by the North Carolina
Division of Water Quality (DWQ). Through a long stakeholder process, nutrient reduction strategies
were developed for both lakes/watersheds and new regulations were promulgated. The state's Falls
Lake rules became effective January 15, 2011 and the Jordan Lake rules became effective August
11, 2009.
Both rules require nutrient control from stormwater runoff generated by new development. To meet
these rules, the state requires local governments to adopt specific stormwater standards. The new
development nutrient limits are different for each lake/watershed. Orange County proposes to
address the two programs with one set of regulations within its Unified Development Ordinance
(UDO), and will enforce nutrient limits for each lake's watershed.
Orange County was required to submit draft programs, including ordinance revisions, to DWQ 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 March 2012. However, in order to meet the Falls Lake rule
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required adoption schedule, staff recommended presenting the changes at the February
quarterly public hearing rather than May.
Since applicability to these new standards are based on land disturbance and the required
thresholds are relatively low, they may impact projects as small as single family residences.
Certainly the new requirements will affect larger residential projects and most commercial
projects.
Ordinance Review Committee (ORC) Review
The Planning Board ORC reviewed the proposed UDO text amendments at the January 4, 2012
meeting. The ORC had no comments on the proposed changes.
Notification Procedural Requirements
Legal ads for the public hearing were placed in a newspaper of general circulation in the County
in accordance with Section 2.8.6 of the Unified Development Ordinance.
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 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.
Existing staff accomplished the work required for this amendment and required advertising costs
were paid from the FY11-12 budget using funds allocated for these activities.
RECOMMENDATION: The Planning staff recommends the Board:
1. Receive the proposed amendments to the Unified Development Ordinance as detailed in
this abstract and attachments.
2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on
the proposed amendments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the BOCC in time for the April 17, 2012 BOCC regular meeting.
4. Adjourn the public hearing until April 17, 2012 in order to receive and accept the Planning
Board's recommendation and any submitted written comments.
Attachment 1
3
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
LIDO / Zoning- 2012 -08
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map:
From: ---
To: - --
❑ Zoning Map:
From: - - -
To: - -
❑ Other: n/a
Text Amendments
❑ Comprehensive Plan Text:
Section(s): n/a
UDO Text:
❑UDO General Text Changes
®UDO Development Standards
❑UDO 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,
6.14.8, and 6.14.10
❑ Other:
B. RATIONALE
1. Purpose /Mission
Modify stormwater development standards to meet the state required Falls Lake and
Jordan Lake New Development stormwater rules.
1
2
2. Analysis
Changes to the LIDO 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 March, 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. TIMEFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
November 1, 2011
b. Quarterly Public Hearing
February 27, 2012
c. BOCC Updates /Checkpoints
February 7, 2012 approval of legal ad
BOCC adoption proposed April 2012
Adoption and implementation required by July 2012, but early implantation 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
a. Planning Board Review:
Ordinance Review Committee to review state submittal on December 7, 2011
March 7, 2012 (recommendation)
b. Advisory Boards:
n/a
c. Local Government Review:
d. Notice Requirements
Legal ad will be published on February 15 and 22, 2012
e. Outreach:
❑ General Public:
F-1 Small Area Plan Workgroup:
M 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.
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
6 -
E. SPECIFIC AMENDMENT LANGUAGE
Text proposed for deletion is shown as StFikethmug 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
Attachment 27 7
UDO Amendment Packet Notes
The North Carolina Division of Water Quality was required to develop nutrient reduction
strategies for both Falls Lake and Jordan Lake. Consequently, the state adopted rules
requiring new stormwater standards for new development projects. The Falls Lake and
Jordan Lake rules mandate that local governments amend their development ordinances to
meet these stormwater standards.
The state also required that proposed amendments be submitted to the state for approval
by DWQ and the Environmental Management Commission (EMC). The EMC approved
Orange County's proposed amendments to the UDO on January 12, 2012.
The following amendment package shows the proposed changes to the LIDO that was
approved by the state to meet the Falls Lake and Jordan Lake rules. Proposed changes are
shown as follows:
Red text: additions to the UDO needed to meet the state's requirements
Strike thFE)ugb4e-A deletions the UDO needed to meet the state's requirements
Generally, only the pages of the UDO with a proposed change are included in the packet.
The exception is where a page needed to be included in order to be clear about which
section of the LIDO was proposed for amendment. Please note that the page numbers in
this amendment packet may or may not correspond to the page numbers in the adopted
UDO because adding text may shift all of the text/sections downward. You are encouraged
to review this amendment packet in the context of having your complete UDO available for
referencing as needed.
$ 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.
( ) 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
Article 1: Administration
Section 1.1: General Provisions 9
.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) 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 content 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 2: Procedures
10 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.
ECTION t RMINATER.,MAWAOUMMI
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 2: Procedures
Section 2.21:Stormwater Management 1 1
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.
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 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.
EMMZ QME OCCVPATIONS
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 '
12 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.
® . rel° IT, e
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 fiFst Oneh of tormwater 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
Section 6.14: Stormwater Management 13
(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.
(S) Structural Stormwater Measures
(1) In cases where non-structural methods may not adequately control the firth
of-� r 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-4-R
&,��m , 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
14 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 pla44s 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
adopted, eF as may be , as required-by the North Carolina Division of
Water Quality(NIC DWQ),
(3) No net increase in peak flow leaving the site from the predevelopment conditions
for the 1-year, 24-hour storm, and
(4) Must eentrel the firct inch Of StE)FrAwateF PdnGff.—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 15
(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.
than the standaFds .+ p d by Oho Stat
the following o ,
rCOYVGfnua OT
nh Y�G•1/+p Yl+ -
TIr11T��IV 1-/ti/PT.
141 -sWent6iMevelGipmeM
e+the�
deve!epm eR 4ll
00 Pay a one time offset paywe�rin����
standard adopted-by4#&-NC4)WQ-
either:
(b) ,
;q to aGhieve+h e + h + 7
by the NG DWQ.
N
Orange County,North Carolina-Unified Development Ordinance Page 6-104
Article 6: Development Standards
16 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) Offset fees shall be paid to the North Garelina Ecosystem EnhanGernent PFE)gram
(NGEEP) or private mitigafion bank appFGved by the NGDWQ. it us the poliGy E)
I iat the funds be utilized where they are generated te th
extent possible as Inns as they Gan obtain the oeoneretion of the Innel
.ent. 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 NoFth
Carolina Department of EnVireRment and Natural IQeoeUroeo Di„isien of U/eter
Gua4ty4NCDWQ)as approved by the North Carolina Environmental
Management Commission ,C). The total amount of offset payment will be
seEtien 15n nlrnr 02B.0240-"Neuse- Per Basin Nutrient Sensitive Waters
Management Stratn • Nutrient Offset Payments" of the North Caroline
etermined 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 17
(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 fellowi en site BMPs may be itilized f-,—A,
deyelnp men+c-
¢47 Wet detPn#+eR-p6nds,
¢a; 'eted we#lands,
X67--0�eat
-Riparian Iu#er-&
(8) BioFeterltie-er
(9) .
(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.
basis. ___s Will be Gredited
To reGeiVe fi-i" nutrient FedUGtien c;redit, desigR standards must follow these eg'tlined iR
the S_termwateF BMP Manual. frern the design standards may be allowed as
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) Exe Pti.ars to the Peak Flow Requirements
T
(1) Peak flGW FequdreFneRts are waived I'--
^ri
aces not eXGeed 7 _
(b) PFOposed new devele Pment meets all of the fellewing —4—;_
W --Total impe�surface is less than T and
,(iii) Remaining peWiE stermwater FunGff-GGntrel
r„a ^
(G) Detention 411 fUrtk04 ing en Iands that have expe..'__
113% This request for exemp prepared b" North
tmen must be a registered
Designee.Appeals of this decisien will f ll c + 2.24 of this 0rdiR
(C) Calculating Peak Runoff Volume
Orange County, North Carolina-Unified Development Ordinance Page 6-106
Article 6: Development Standards
18 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) D+
(d) Alternative methods must be approved by the County aPA 4he-04G.
(2) The same method must be used for both the pre-and post- development
conditions.
(3 aleigh Rainfall Depths
K
1 nn RGho yeaF, M`
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. of this Ordinance.
(E) 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
Section 6.14:Stormwater Management 19
(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:
L 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.
W 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(6)(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
20 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
Section 6.14: Stormwater Management 21
(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
22 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 QFange Gounty 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 maintained submitted annually to the
Erosion Control Officer on forms approved OF supplied by the North
Carolina D*Ymsmen of Water Quality 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
Section 6.14:Stormwater Management 23
(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:
0) 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
i
I
i
I
Fact Sheet - Falls Lake/Jordan Lake Stormwater Rule for Attachment 3
New Development in Orange County
Introduction
Both Falls Lake and Jordan Lake are considered polluted due to excessive nutrient inputs and
Stormwater runoff is one of the major sources. As a result, both lakes have been designated as Nutrient
Sensitive Waters (NSW) by the North Carolina Division of Water Quality (DWQ). Through a long
stakeholder process, nutrient reduction strategies were developed for both lakes as well as all
lands/waters draining to them.To address nutrients from stormwater runoff, reductions will be required
from both existing developed areas as well as new development.
As part of the nutrient reduction strategy, new development will be required to meet certain
Stormwater standards, including nutrient limits. The new development nutrient limits are different for
each lake, but the stormwater requirements are similar. Orange County is addressing the two programs
with one set of regulations within its Unified Development Ordinance (UDO), and will enforce nutrient
limits for each lake's watershed.
Key Points:
• The Falls Lake and Jordan Lake rules passed by the State require local governments to adopt
new stormwater standards for new development.
• The state's Falls Lake rules became effective January 15, 2011 and the Jordan Lake rules became
effective August 11, 2009.
• Requirements for the Falls Lake and Jordan Lake watersheds differ slightly; Orange County will
amend its LIDO to meet the standards for each watershed (see attached map and table).
• Stormwater runoff from new development must meet both nitrogen and phosphorus limits.
• Nitrogen and phosphorus limits are different depending on which watershed the development is
located.
• Limits apply to new development that meet or exceed land disturbance thresholds; these
thresholds differ between the two watersheds(see attached table).
• Orange County was required to submit its proposed Falls Lake and Jordan Lake new
development program to DWQ and the NC Environmental Management Commission (EMC) for
review and approval, prior to adoption.
For additional information,click on the links below:
• Stormwater and Excess Nutrients—Why Care About Stormwater?
• Map showing Falls Lake and Jordan Lake watersheds in Orange County
• Table comparing current Neuse rules with new Falls Lake and Jordan Lake limits
• Adoption Timeline
• Also visit DWQ's websites:
http://Portal.ncdenr.org/web/wq/ps/nps/`fallslake
http://Portal.ncdenr.org/web/oordanlake
26 Fact Sheet - Falls Lake/Jordan Lake Stormwater Rule for
New Development in Orange County
Adoption Timeline:
Action Date
1. ....................................................................................................... Sub
mitted proposed new development program to the North Carolina August
Division of Water Quality (DWQ) and Environmental Management 10, 2011
Division (EMC)
2........................................................................................................ Prop
osed changes -to Orange County's Unified Development Ordinance Decembe
(UDO) reviewed by the Orange County Planning Board, Ordinance r 7, 2011
Review Committee
3. ....................................................................................................... EM January
C Approval of Orange County's new development program 12, 2012
4. ....................................................................................................... Qua February
rterly Public Hearing, Orange County Board of County 27 2012
Commissioners (BOCC)
5. ....................................................................................................... Ora March 7,
nge County Planning Board review comments from Public Hearing 2012
and make recommendation to BOCC
6. ....................................................................................................... BOC April 3,
C expected to adopt UDO changes to meet new development 2012
requirements
7. ....................................................................................................... Begi May 1,
n implementation of new development rules (assuming adoption by 2012
BOCC in April); state rules require implementation by July 1, 2012.
Stormwater and Excess Nutrients 27
Why care about stormwater?
As we add more impervious surface to the landscape, such as rooftops, roads, driveways, and parking lots (including
gravel), we create more stormwater runoff. More stormwater runoff means less rain "soaks" (infiltrates) into the
ground. Less infiltration means less groundwater for our wells and streams, worsening the effects of drought.
What's worse...as stormwater flows across impervious surfaces or exposed soil, it picks up various pollutants, such as oil
&grease, excess nutrients, harmful bacteria, trash and sediment. Polluted stormwater flows down our storm drains and
through our ditches where it is discharged, untreated, into our streams, rivers, and lakes. Stormwater runoff pollution
can adversely impact aquatic ecosystems and our drinking water supplies. Ultimately this costs money, such as a new
well, higher water rates, or expensive environmental restoration required by clean water regulations.
Don't nutrients occur naturally?
Nutrients, nitrogen and phosphorus, occur naturally and are vital to plants and therefore the ecosystem. However, as
described above, when we increase impervious surface, fewer nutrients can infiltrate and therefore less are taken up by
natural systems. Like water, nitrogen has a "cycle" and when various forms of nitrogen cannot infiltrate into the ground
due to impervious surfaces, the excess ends up in waterbodies causing an imbalance. Phosphorus can actually bind to
soil particles and since increased impervious surface often leads to increased downstream erosion, excess phosphorus
also reaches our local waterways.
What impacts do excess nutrients have on our water?'
Excess nutrients, especially in lakes, reservoirs and estuaries, enhance plant growth and cause excessive algae growth.
Some plants, like hydrilla, are invasive and can become a nuisance, but what is even more serious is the change in
chemical composition of the water. As plants and algae die, they use up available oxygen in the water, causing fish kills
and other ecological impacts. This process, known as eutrophication, is a major water quality problem across the
country.
However, eutrophication has other serious impacts. Some of the algal blooms can be toxic and generate a range of
paralytic, diarrheic and neurotoxic effects which not only negatively impact animals, but can also directly affect humans.
For instance high nitrate levels in drinking water have been linked to various health problems in humans including
reduced red blood cell production. High nutrient levels require additional treatment which may cause elevated levels of
chemicals used to disinfect drinking water during treatment.
Excess nutrients can alter taste and odor in drinking water, which require increased treatment costs. Cyanobacteria,
(also known as blue-green algae) can be toxic and may pass through normal water treatment processes. According to
some research, ingesting water contaminated with chemicals produced by harmful algal blooms can cause
gastrointestinal complications, acute or chronic liver damage, neurological symptoms and even death. Additionally,
excess nutrients can alter habitat needed by fish and shellfish, or simply poison these animals. This can lead to
harvesting closures and consumption bans. The economic impact is staggering, and stormwater is just one source of
excess nutrients in our local waters. Across the nation, the cost of reducing nitrogen and phosphorus pollution is in the
billions of dollars annually.
What can be done?
Clearly excess nutrients are a problem and stormwater runoff is one known source. For new development, nutrient
loading limits can be set. To meet these limits, development can use both structural and non-structural controls. Non-
structural controls include proper site design, stream buffers, soil amendments and other means to encourage onsite
infiltration of stormwater. Structural controls include bioretention cells (i.e. "rain gardens"), stormwater wetlands,
detention ponds and other structural measures engineered to reduce stormwater runoff pollution.
1 Please visit, littp://water.eiDa.gov/scitech/swguidance/standards/criteria/nutrients/effects.cfm for references,citations and
additional information.
28
Jordan Lake and Falls Lake Rules
State Required Nutrient Loading Rates for New Development
Falls.Lake (Upper Neuse)
Nitrogen-2.2 Ibs/ac/yr
Phosphorous-0.33 Ibs/ac/yr
Haw River Arm
Nitrogen-3.8 Ibs/ac/y `
Phosphorous-1.43 Ibs/ac/yr
f
Upper New Hope Creek Arm
Nitrogen-22 Ibs/ac/yr
Phosphorous-0.82 Ibs/aclyr
a
t ,
N
Falls Lake Watershed
® Economic Development Districts 01
Jordan Lake Watershed
July 5,2011
Falls Lake Watershed in Orange County includes the following sub-watersheds: Flat River, Little.River,
Lower Eno Protected, Lower Eno Unprotected, Upper Eno,and upper Eno Critical Area.
The Upper New Hope Creek Arm of the Jordan Lake Watershed in Orange County contains the following
sub-watersheds:Jordan Lake Unprotected,Jordan Lake Protected and University Lake
The Haw River Arm of the Jordan Lake Watershed in Orange County contains the following sub-
watersheds: Back Creek,Cane Creek, Cane Creek Critical Area, Haw Creek, Haw River Protected,and Haw
River Unprotected.
Comparison of New Development Standards
Current Neuse Rules vs. Falls Lake /Jordan Lake Rules
Current Neuse Rule Loading Rates for New Development
Proposed Nutrient Loading Rates for New Development*
*As required by the Jordan Lake and Falls Lake Nutrient Management Strategy regulations adopted by NCDWQ
I14
k
f
4