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HomeMy WebLinkAboutORD-2001-027 Planning - Orange County Stormwater Program Regulatory Enhancements for Lands Within the Neuse River Basin 4 Outline to the Amendments to the Orange County Stormwater Ordinance September 2001 Section 2 Definitions (amended 9/18/01/) PAGE 1 H. "County-shall mean the Degartment within Orange County that the County Manage delegates authority to implement and enforcement Ordinance." Section 3 Riparian Area Protection within the Neuse River Basin Section 4 Table of Uses (amended 9/18/01/) PAGE 14 D. Disputes "Any disputes over determinations regarding Authorization Certificates shall be referred to the Planning Director for resolution and appealed if necessary to the County Manager. Continued disputes shall be referred to the Director of NCDENR-Division of Water Quality for a decision." E. Variances PAGE 15 Persons who wish to undertake uses designated as prohibited have the option of pursuing a variance. The County may grant minor variances. The variance request procedure shall be as follows: 1. a) (5) 'The applicant did not purchase the property after July 22, 1997, and then requesting a variance." 2. Minor Variances (no change) 3. Major Variances "A major variance request pertains to activities that are proposed to impact any portion of Zone I or any portion of both Zones 1 and 2 of the riparian buffer. If the County has determined that a major variance request meets the requirements in Section 4.E.1, then it shall prepare a preliminary finding and submit it to the Water Quality Committee of the Environmental Management Commission. The purpose of the Water Quality Committee's review is to determine if it agrees that the requirements in Section 4.E.1 have been met. Requests for appeals of decisions made by the Water Quality Committee's shall be made to the Office of Administrative Hearings The following actions shall be taken depending on the Water Quality Committee's decision on the major variance request:" a) "Upon the Water Quality Committee's approval, the County shall issue a final decision granting the major variance." b) "Upon the Water Quality Committee's approval with conditions or stipulations, the County shall issue a final decision, which includes these conditions or stipulations." c) "Upon the Water Quality Committee's denial, the County shall issue a final decision denying the major variance." F. Mitigation PAGE 16 Persons who wish to undertake uses designated as allowable with mitigation shall meet the following requirements in order to proceed with their proposed use. 5 1. Obtain a determination of"No Practical Alternatives" to the proposed use pursuant to Section 4.13. 2. Obtain approval for a mitigation proposal pursuant to Section G of this Ordinance. (note: the following language is simply 15A NCAC 2B.0242 word for word from the NC Administrative Code). ■ change in section 4.F.2 from citing 15A NCAC 28.0242 to incorporating.0242 word for word per the State Attorney,General's office. Section 5 New Development Review Section 6 Nutrient Load Calculations Section 7 Stormwater Management Plan Section 8 Permanent Nitrogen Export Reduction Best Management Practices Section 9 BMP Construction Section 10 Annual Maintenance Section 11 Land Use Planning Provisions Section 12 Jurisdiction-Wide-and Inter-Local Approaches Section 13 Jurisdiction-Wide Collection of Illegal Discharge Information Orange County Planning and Inspections shall collect information related to Illegal Discharges from all applicable sources within its Jurisdiction within the Neuse River Basin. Section 14 Illegal Discharges Section 15 Inspections and Investigations (amended 9/18/01/) PAGES 29 & 30 C. Authority to Enter Property and Conduct Investigations and Inspections "No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of Orange County, while that person is reviewing compliance with the provisions of this Ordinance. The Enforcement Officer shall have the power to conduct such investigations as deemed reasonably necessary to carry out the duties as 6 prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of reviewing compliance with the provisions of this Ordinance." D. Notice of Violation "If it is determined that a person responsible for compliance with the provisions of the Ordinance has failed to comply with this Ordinance, a notice of violation shall be served upon that person." Section 16 Penalties (amended 9118/01/) PAGE 31 change in civil penalty to add phrase 'per day' A. Civil Penalties 1. Assessment of Penalties "The maximum civil penalty feF a YielatieR is We theusand delleFS ($6,000),for those violations not willfully or unknowingly committed is ten thousand dollars ($10,000) per day, and for those violations that are continued willfully and knowingly, the maximum is twenty-five thousand dollars($25,000) per day... Each day of a continuing violation shall constitute a separate violation under Section 22 (A)(!) MAJ." 2. Demand for Payment of Penalty "The notice of assessment...15.D. Refer to the procedure as followed by the County." change in criminal penalty to conform with state administrative code 4. Criminal Penalties "Any person who...not less than fifty($50)dollars per day, with a maximum of fifteen thousand ($15,000) dollars per day net te ex^eed $6,000, or by both, at the discretion of the court." Section 17 Injunction Relief Section 18 Compliance with Requirements Section 19 Severability Section 20 Effective Date Section 21 Revisions to this Ordinance Proposed • semantic revisions involving the definition of the word county, the use of words such as'rule'. etc. • change In the major variance process for the Stormwater Ordinance to parallel the State's process • dispute settlement p 14 • change in Section 4.F.2 from citing 15A NCA C 2B.0242 to incorporating word for word per the State Attorney General's office. p.16 • change in civil penalty to add phrase'per day. p.31 ■ change in criminal penalty to conform with state administrative code. p.32 hrr Storrs water Ordnance 003 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: August 27, 2001 Action Agenda Item No. C1 (aft) SUBJECT: Orange County,Stormwater Program for Lands Within the Neuse River Basin DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) ATTACHMENT(S): INFORMATION CONTACT: Sections 3 through 21 of the Stormwater Ordinance Craig Benedict ext 2592 Ren Ivins ext 2586 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane (336)227-2031 PURPOSE: To comply with state requirements in order to request delegated authority to implement and enforce the Neuse River Riparian Buffer Rule (NCAC 15A 213 .0233). This rule is incorporated into our Stormwater Ordinance in Sections 3 and 4. The Orange County Stormwater Ordinance which incorporates this rule was adopted in December 2000, and the following amendments were required by the State so that our program will parallel the State program as closely as possible, with special emphasis on civil and criminal penalties. Orange County is the first in the state to proceed with a request for delegated authority, and NCDENR- Division of Water Quality staff hope to use the County's Ordinance as a 'boilerplate' Ordinance for other local governments within the Neuse River Basin. BACKGROUND: In order to comply with NCAC 15A 2B .0233 Item 12: 'Requirements Specific to Local Governments with Stormwater Programs for Nitrogen Control,' Orange County has two options for protecting riparian buffers within the Neuse Basin: (1) Obtain authority (delegated authority) to implement a local riparian buffer protection program pursuant to 15A NCAC 2B .0241. (2) Refrain from issuing local approvals for new development projects unless either: (a) The person requesting the approval does not propose to impact the riparian buffer of a surface water that appears on either a Orange County Soil Survey map or the most recent USGS topographic quadrangle. (b) The person requesting the approval proposes to impact the riparian buffer of a surface water that appears on the above mentioned maps has permission from the Division of Water Quality to proceed. g:\stormwater\ABSTRACTMarchOl 004 2 Impacts that would require submittal to the Division of Water Quality before any approvals could be issued by the County include driveway crossings that disturb greater that 25 linear feet of the buffer, bridges, greenway trails, utilities, ponds, and road crossings. The attached Stormwater Ordinance amendments conform to requirements by NCDENR- Division of Water Quality, the Environmental Management Commission, and the NC Administrative Code, rules 15A 2B .0233 and .0241. These changes are the result of the State Attorney General's office extensive review, NCDENR-DWQ staff enforcement experience and the recommendations of Harmony Whalen. Request To adopt the amendments to the Orange County Stormwater Program and Ordinance for Lands within the Neuse River Basin. The deadline for submittal to the State in order to be placed on the October agenda of the Environmental Management Commission is September 15th. Location Upper Neuse River Basin within Orange County which includes Upper and Lower Eno, Little River and Flat River watershed basins. Existing and Proposed Conditions Existing: Orange County Stormwater Program for Lands within the Neuse River Basin in place without implementation or enforcement for Sections 3 and 4, Riparian Buffers. Erosion and Sedimentation Control, and Water Supply Watershed Requirements, and Subdivision buffer requirements currently in place. Proposed: • change in civil penalty to add phrase 'per day' • change in criminal penalty to conform with state administrative code • semantic revisions involving the definition of the word County, the use of words such as 'rule', etc. • change in the major variance process for the Stormwater Ordinance to parallel the State's process • change in Section 4.F.2 from citing 15A NCAC 2B .0242 to incorporating .0242 word for word per the State Attorney General's office. Development Process, Schedule, and Action - • Public Hearing held May 22, 2000 with no speakers from the public. • Forwarded Draft Program to NCDENR-DWQ upon approval by the Board. • Approved by DWQ, the Environmental Management Commission- Water Quality Committee on October 11, 2000. • Adoption of Program and Ordinance on December 4, 2000 per the Board's approval. • December 2000 through March 2001: implement Phase 1 of the Program and Ordinance with the focus being on Nitrogen Reduction standards and measures, and Public Education and Outreach. • Meetings regarding the legal requirements for the granting of delegated authority between County Staff, Harmony Wayland, Division of Water Quality Staff, and the Attorney General's office. g:\stormwater\ABSTRACTMarchOl 005 3 FINANCIAL IMPACT: As the Board may recall, this program is an unfunded state mandate. Existing Erosion Control staff are currently responsible for implementing and administering the Program. The Planning and Inspections Department is gauging the impact of the Program by developing a process where this additional data collection, plan review, inspection, monitoring, reporting, enforcement, and public outreach is included. The Environmental Compliance Officer requested, but unfunded at this time, in this year's 2001-2002 budget would have had primary implementation responsibilities. in the absence of this position, some public outreach is being sought through Triangle J Council of Governments (TJCOG). Other portions of this program will be implemented at the minimum required by the state until additional personnel resources can be accommodated. RECOMMENDATION(S): Administration recommends adoption of Ordinance amendments. g:\stormwater\ABSTRACTMarchOl 2, 1 - c" b007 Amendments to the Orange County Stormwater Ordinance August 2001 NOTE: The underlined text will be added to the Ordinance and the struck-through text will be deleted. The attached Stormwater Ordinance amendments conform to requirements by NCDENR- Division of Water Quality, the Environmental Management Commission, and the NC Administrative Code, rules 15A 2B .0233 and .0241. These changes are the result of the State's -staff enforcement experience and the recommendations of their attorneys,and of Geoff Gledhill and Harmony Whalen. Section 2 Definitions For the purpose of this Ordinance,these terms shall be defined as follows: H. County- shall mean the Department within Orange County that the County Manager delegates authority to implement and enforcement Ordinance. Section 3 Riparian Area Protection within the Neuse River Basin The purpose of the County in adopting the following regulations is to protect the County's streams,wetlands, and floodplains; to protect the water quality of the County's watercourses,reservoirs, lakes, and ponds;to protect the County's riparian and aquatic ecosystems; and to provide environmentally sound use of the County's land resources. Buffers adjacent to streams provide multiple environmental protection and resource management benefits.Forested buffers enhance and protect the natural ecology of stream systems, as well as water quality through bank stabilization, shading, and nutrient removal (subsurface). Wildlife habitat is also provided within both forested and grassed buffers. They also help to minimize flood damage in flood prone areas. Grassed zones within the buffers help to prevent sediment and sediment-bound pollutants such as phosphorous from reaching the streams. A. Applicability This Ordinance shall apply to 50-foot wide riparian buffers directly adjacent to surface waters in the Neuse River Basin within Orange County(intermittent streams,perennial streams, lakes,ponds, and estuaries), excluding wetlands. Wetlands adjacent to surface waters or within 50 feet of surface waters will be considered as part of the riparian buffer but are regulated pursuant to North Carolina Administrative Code I 5A NCAC 2H .0506. The riparian buffers protected by this Ordinance shall be measured pursuant to Section 3-B. For the purpose of this Ordinance, a surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 008 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). Riparian buffers adjacent to surface waters that do not appear on either of the maps shall not be subject to this Ordinance. Riparian buffers adjacent to surface waters that appear on the maps shall be subject to this Ordinance unless one of the following applies. 1. Exemption when an on-site Determination shows that Surface Waters Are Not Present: When a landowner or other affected party believes that the maps have inaccurately depicted surface waters,he or she shall consult the County. Upon request,the County shall make on-site determinations. Any disputes over on-site determinations shall be referred to NCDENR- Division of Water Quality in writing: 2. Surface waters that appear on the maps shall not be subject to this Ordinance if an on-site determination shows that they fall into one of the following categories. a) Ditches and constructed conveyances other than modified natural streams unless constructed for navigation and/or boat access. b) Constructed ponds and lakes that are located outside natural drainage ways. c) Ephemeral (stormwater) streams. 3. Exemption when Existing Uses are Present and Ongoing: This Ordinance shall not apply to portions of the riparian buffer where a use is existing and ongoing according to the following: a) A use shall be considered existing if it was present within the riparian buffer as of July 22, 1997. Existing uses shall include,but not be limited to, agriculture, buildings, industrial facilities, commercial areas, transportation facilities,maintained lawns, utility lines and on-site sanitary sewage systems. Only the portion of the riparian buffer that contains the footprint of the existing use is exempt from this Ordinance. Activities necessary to maintain uses are allowed provided that no additional vegetation is removed from Zone 1 except that grazed or trampled by livestock and existing diffuse flow is maintained. Grading and revegetating Zone 2 is allowed provided that the health of the vegetation in Zone 1 is not compromised,the ground is stabilized and existing diffuse flow is maintained. b) At the time an existing use is proposed to be converted to another use,this Ordinance shall apply. An existing use shall be considered to be converted to another use if any of the following applies: (1) Impervious surface is added to the riparian buffer in locations where if did not exist previously. (2) An agricultural operation within the riparian buffer is 2 converted to a non-agricultural use. 009 (3) A lawn within the riparian buffer ceases to be maintained. B. Zones within the Riparian Buffer The protected riparian buffer shall have two zones as follows: 1. Zone I shall consist of a vegetated area that is undisturbed except for uses provided for in the Table of Uses, Section 4. The location of Zone I shall be as follows: a) For intermittent and perennial streams,Zone I shall begin at the most landward limit of the top of the bank or rooted herbaceous vegetation,and extend outward a minimum distance of 30 feet on all sides of the surface water,'measured horizontally on a line perpendicular to the surface water. b) For ponds, lakes, and reservoirs located within a natural drainage way,Zone I shall begin at the most landward limit of the normal water level or the rooted herbaceous vegetation and extend landward a minimum distance of 30 feet,measured horizontally on a line perpendicular to the surface water. c) Zone 2 shall consist of a stable,vegetated area that is undisturbed except for activities and uses provided for in the Table of Uses, Section 4. Grading and revegetation is allowed provided that the health of the vegetation in Zone I is not compromise. Zone 2 shall begin at the outer edge of Zone I and extend landward a minimum of 20 feet as measured horizontally on a line perpendicular to the surface water. The minimum combined width of Zone I and Zone 2 shall be 50 feet on all sides of the surface water. C. Diffuse Flow Requirement Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow and reestablishing vegetation. 1. Concentrated runoff from new ditches or constructed conveyances shall be converted to diffuse flow before the runoff enters the riparian buffer. 2. Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies. Section 4 Table of Uses The following chart sets out the uses and their designation under this Ordinance as exempt, allowable, allowable with mitigation, or prohibited. The requirements for each category are given in Section 4.A. 3 010 Exempt Allowable Allowable Prohibited with Mitigation Airport facilities: • Airport facilities that impact equal to or less than 150 X linear feet or one-third of an acre of riparian buffer • Airport facilities that impact greater than 150 linear feet X. or one-third of an acre of riparian buffer Archaeological activities X Bridges X Dam maintenance activities X Drainage ditches,roadside ditches and stormwater outfalls through riparian buffers: • Existing drainage ditches,roadside ditches,and X stormwater outfalls provided that they are managed to minimize the sediment,nutrients and other pollution that convey to waterbodies X • New drainage ditches,roadside ditches and stormwater outfalls provided that a stormwater management facility is installed to control nitrogen and attenuate flow before the conveyance discharges through the riparian buffer X • New drainage ditches,roadside ditches and stormwater outfalls that do not provide control for nitrogen before discharging through the riparian buffer X • Excavation of the streambed in order to bring it to the same elevation as the invert of a ditch Drainage of a pond in a natural drainage way provided that X a new riparian buffer that meets the requirements of Section 3.13 and 3.0 is established adjacent to the new channel 4 Oil Exempt Allowable Allowable Prohibited with Mitigation Driveway crossings of streams and other surface waters subject to this Ordinance: • Driveway crossings on single family residential lots that X disturb equal to or less than 25 linear feet or 2,500 square feet of riparian buffer • Driveway crossings on single family residential lots X that disturb greater than 25 linear feet or 2,500 square feet. of riparian buffer In a subdivision that cumulatively disturb equal to or X less than 150 linear feet or one-third of an acre of riparian buffer X • In a subdivision that cumulatively disturb greater than 150 linear feet or one-third of an acre of riparian buffer Fences provided that disturbance is minimized and X installation does not result in removal of forest vegetation Forest harvesting-see Section 4.17 of this Ordinance Fertilizer application: • One-time fertilizer application to establish replanted X vegetation • Ongoing fertilizer application X Grading and revegetation in Zone 2 only provided that X diffuse flow and the health of existing vegetation in Zone 1 is not compromised and disturbed areas are stabilized Greenway/hiking trails X Historic preservation X Landfills-as defined by G.S. 130A-290. X 5 012 Exempt Allowable Allowable Prohibited with Mitigation Mining activities: • Mining activities that are covered by the Mining Act X provided that new riparian buffers that meet the requirements of Sections 3.13 and 3.0 are established adjacent to the relocated channels X • Mining activities that are not covered by the Mining Act OR where new riparian buffers that meet the requirements or Sections 33 and 3.0 are not established adjacent to the relocated channels Non-electric utility lines: • Impacts other than perpendicular crossings in Zone 2 X only 3 X • Impacts other than perpendicular crossings in Zone 1 3 Non-electric utility line perpendicular crossings of streams and other surface waters subject to this Ordinance 3: • Perpendicular crossings that disturb equal to or less than 40 linear feet of riparian buffer with a maintenance corridor equal X to or less than 10 feet in width • Perpendicular crossings that disturb equal to or less than 40 linear feet of riparian buffer with a maintenance corridor X greater than 10 feet in width • Perpendicular crossings that disturb greater than 40 linear feet but equal to or less than 150 linear feet of riparian buffer X with a maintenance corridor equal to or less than 10 feet in width • Perpendicular crossings that disturb greater than 40 linear feet but equal to or less than 150 linear feet of riparian buffer X with a maintenance corridor greater than 10 feet in width • Perpendicular crossings that disturb greater than 150 linear feet of riparian buffer X On-site sanitary sewage systems-new ones that use ground X absorption 6 413 Exempt Allowable Allowable Prohibited with Mitigation Overhead electric utility lines: • Impacts other than perpendicular crossings in Zone 2 X only • Impacts other than perpendicular crossings in Zone 1 1,20 X • Perpendicular crossings that disturb equal to or less than X 150 linear feet of riparian buffer 1 • Perpendicular crossings that disturb greater than 150 X linear feet of riparian buffer 1,2 Periodic maintenance of modified natural streams such as canals and a grassed travelway on one side of the surface X water when alternative forms of maintenance access are not practical Provided that,in Zone 1,all of the following BMPs for overhead utility lines are used. If all of these BMPs are not used,then the overhead utility lines shall require a no practical alternative evaluation by the Division. • A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line is removed. • Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed. • Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are cut. • Rip rap shall not be used unless it is necessary to stabilize a tower. • No fertilizer shall be used.other than a one-time application to re-establish vegetation. • Construction activities shall minimize the removal of woody vegetation,the extent of the disturbed area,and the time in which areas remain in a disturbed state. • Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater through the buffer. • In wetlands,mats shall be utilized to minimize soil disturbance. Z Provided that poles or towers shall not be installed within 10 feet of a water body unless the Division completes a no practical alternative evaluation. 3 Perpendicular crossings are those that intersect the surface water at an angle between 75°and 105°. . 7 014 Exempt Allowable Allowable Prohibited with Mitigation Playground equipment: « Playground equipment on single family lots provided that X installation and use does not result in removal of vegetation « Playground equipment installed on lands other than single- family lots or that requires removal of vegetation X Ponds in natural drainage ways,excluding dry ponds: « New ponds provided that a riparian buffer that meets the X requirements of Sections 3.14 and 3.0 is established adjacent to the pond « New ponds where a riparian buffer that meets the X requirements of Sections 3.13 and 3.0 is NOT established adjacent to the pond Protection of existing structures,facilities and streambanks X when this requires additional disturbance of the riparian buffer or the stream channel Railroad impacts other than crossings of streams and other surface waters subject to this Ordinance X Railroad crossings-of streams and other surface waters subject to this Ordinance: • Railroad crossings that impact equal to or less than 40 X linear feet of riparian buffer * Railroad crossings that impact greater than 40 linear feet X but equal to or less than 150 linear feet or one-third of an acre of riparian buffer « Railroad crossings that impact greater than 150 linear feet X or one-third of an acre of riparian buffer 8 Exempt Allowable Allowable Prohibited with Mitigation Removal of previous fill or debris provided that diffuse X flow is maintained and any vegetation removed is restored Road impacts other than crossings of streams and other X surface waters subject to this Ordinance Road crossings=of streams and other surface waters subject to this Ordinance: • Road crossings that impact equal to or less than 40 linear X feet of riparian buffer • Road crossings that impact greater than 40 linear feet but X equal to or less than 150 linear feet or one-third of an acre of riparian buffer • Road crossings that impact greater than 150 linear feet or X one-third of an acre of riparian buffer Scientific studies and stream gauging X Stormwater management ponds-excluding dry ponds: • New stormwater management ponds provided that a X riparian buffer that meets the requirements of Sections 3.B and 3.0 is established adjacent to the pond • New stormwater management ponds where a riparian X buffer that meets the requirements of Sections 3.13 and 3.0 is NOT established adjacent to the pond Stream restoration X Streambank stabilization X 9 010 Exempt Allowable Allowable Prohibited with Mitigation Temporary roads: • Temporary roads that disturb less than or equal to 2,500 X square feet provided that vegetation is restored within six months of initial disturbance • Temporary roads that disturb greater than 2,500 square X feet provided that vegetation is restored within six months of initial disturbance • Temporary roads used for bridge construction or X replacement provided that restoration activities,such as soil stabilization and revegetation,are conducted immediately after construction Temporary sediment and erosion control devices: • In Zone 2 only provided that the vegetation in Zone 1 is X not compromised and that discharge is released as diffuse flow in accordance with Section 3.0 • In Zones 1 and 2 to control impacts associated with X uses approved by the Division or that have received a variance provided that sediment and erosion control for upland areas is addressed to the maximum extent practical outside the buffer • In-stream temporary erosion and sediment control X measures for work within a stream channel Underground electric utility lines: • Impacts other than perpendicular crossings in Zone 2 X only 3 • Impacts other than perpendicular crossings in Zone 13,4 X 10 01 ! Exempt Allowable Allowable Prohibited with Mitigation Underground electric utility line perpendicular crossings of streams and other surface waters subject to this Ordinance: 3 X • Perpendicular crossings that disturb less than or equal to 40 linear feet of riparian buffe?l X • Perpendicular crossings that disturb greater than 40 linear feet of riparian buffera a Provided that,in Zone 1,all of the following BMPs for underground utility lines are used. If all of these BMPs are not used,then the underground utility line shall require a no practical alternative evaluation by the Division. • Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed. • Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the trench,where trees are cut. • Underground cables shall be installed by vibratory plow or trenching. • The trench shall be backfilled with the excavated soil material immediately following cable installation. • No fertilizer shall be used other than a one-time application to re-establish vegetation. • Construction activities shall minimize the removal of woody vegetation,the extent of the disturbed area, and the time in which areas remain in a disturbed state. • Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater through the buffer. • In wetlands,mats shall be utilized to minimize soil disturbance. ll 018 Exempt Allowable Allowable Prohibited with Mitigation Vegetation management: • Emergency fire control measures provided that X topography is restored • Periodic mowing and harvesting of plant products in X Zone 2 only X • Planting vegetation to enhance the riparian buffer • Pruning forest vegetation provided that the health and X function of the forest vegetation is not compromised • Removal of individual trees which are in danger of X causing damage to dwellings,other structures or human X life • Removal of poison ivy X • Removal of understory nuisance vegetation as defined in: Smith,Cherri L. 1998.Exotic Plant Guidelines. Department of Environment and Natural Resources. Division of Parks and Recreation.Raleigh,NC.Guideline #30 Water dependent structures as defined in 15A NCAC 2B X .0202 Water supply reservoirs: • New reservoirs provided that a riparian buffer that meets X the requirements of Sections IB and IC is established adjacent to the reservoir • New reservoirs where a riparian buffer that meets the X requirements of Sections 3.13 and IC is NOT established adjacent to the reservoir Water wells X Wetland restoration X 12 919 A. Requirements for Categories of Uses Uses designated as exempt, allowable, allowable with mitigation and prohibited in Section 4 Table of Uses shall have the following requirements: 1. Exempt: Uses designated as exempt are allowed within the riparian buffer as long as the proposed user meets the following conditions prior to commencing the exempt use: a) Provide the Planning Director or Designee notification of the location and nature of the exempt use; . b) Provide a written statement that the exempt use shall be designed, constructed and maintained to minimize soil disturbance and to provide the maximum`water quality protection practicable. In addition, exempt uses shall meet requirements listed in Section 4 Table of Uses for the specific use. 2. Allowable: Uses designated as allowable may proceed within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Section 4.B. These uses require written authorization from the County. 3. Allowable with Mitigation: Uses designated as allowable with mitigation may proceed within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Section 4.13 and an appropriate mitigation strategy has been approved pursuant to Section 4-.9 41. These uses require written authorization from the County. 4. Prohibited: Uses designated as prohibited may not proceed within the riparian buffer unless a variance is granted pursuant to Section 4-.D 4.E. Mitigation may be required as one condition of a variance approval. B. Determination of"NO PRACTICAL ALTERNATIVES." Persons who wish to undertake uses designated as allowable or allowable with mitigation shall submit a request for a"No Practical Alternatives" determination to the County. The applicant shall certify that the criteria identified in Section 4.B are met. The County shall grant an Authorization Certificate upon a"No Practical Alternatives"determination. The procedure for making an Authorization Certificate shall be as follows: 1. .For any request for an Authorization Certificate, the County shall review the entire project and make a finding of fact as to whether the following requirements have been met in support of a'"No Practical Alternatives"determination: a) The basic project purpose cannot be practically accomplished in a manner that would better minimize disturbance,preserve aquatic life and habitat, and protect water quality. b) The use cannot practically be reduced in size or density, reconfigured or redesigned to better minimize disturbance,.preserve aquatic life and habitat, and protect water quality. c) Best management practices will be used if necessary to minimize disturbance,preserve aquatic life and habitat, and protect water quality. 13 o2 ® C. Requests for an Authorization Certificate All requests shall be reviewed and either approved or denied within 60 days of receipt of a complete submission based on the criteria in Section 4.B.1 by the County. Failure to issue an approval or denial within 60 days shall constitute that the applicant has demonstrated"no practical alternatives." The County may attach conditions to the Authorization Certificate that support the purpose, spirit and intent of the riparian buffer protection program. Complete submissions shall include the following: 1. The name, address and phone number of the applicant; 2. The nature of the activity to be conducted by the applicant; 3. The location of the activity, including the jurisdiction; 4. 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; 5. 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 6. Plans for any best management practices proposed to be used to control the impacts associated with the activity. D. Disputes Any disputes over determinations regarding Authorization Certificates shall be referred to �T('DP� r iyisie f Water-Quality fer-adwzsion the Planning Director and the Board ...�.ii.ice i..rz�.roiry of County Commissioners for resolution. Continued disputes shall be referred to the Director of NCDENR- Division of Water Quality for a decision E. Variances Persons who wish to undertake uses designated as prohibited have the option of pursuing a variance. The County may grant minor variances. The variance request procedure shall be as follows: 1. For any variance request,the County shall make a finding of fact as to whether the following requirements have been met: a) There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the riparian buffer protection requirements. Practical difficulties or unnecessary hardships shall be evaluated in accordance with the following: (1) If the applicant complies with the provisions of this Ordinance, he/she can secure no reasonable return from,nor make reasonable use of,his/her property. Merely proving that the variance would permit a greater profit from the property will not be considered adequate justification for a variance. Moreover,the County shall consider whether the variance is the minimum possible deviation from the terms of this Ordinance that will make reasonable use of the property possible. 14 021 (2) The hardship results from application of this Ordinance to the property rather than from other factors such as deed restrictions or other hardship. (3) The hardship is.due to the physical nature of the applicant's property, such as its size, shape, or topography, which is different from that of neighboring property. (4) The applicant did not cause the hardship by knowingly or unknowingly Violating this Ordinance. (5) The applicant did not purchase the property after the effee4ive date of this July 22, 1997, and then requesting meal a variance. (6) The hardship is unique to the applicant's property,rather than the result of conditions that are widespread. If other properties are equally subject to the hardship created in the restriction, then granting a variance would be a special privilege denied to others, and would not promote equal justice. (7) The variance is in harmony with the general purpose and intent of the State's riparian buffer protection requirements and preserves its spirit; and (8) In granting the variance,the public safety and welfare have been assured,water quality has been protected, and substantial justice has been done. 2. Minor Variances A minor variance request pertains to activities that are proposed only to impact any portion of Zone 2 of the riparian buffer. Minor variance requests shall be reviewed and approved based on the criteria in Section 4.13.1 by the County pursuant to either G.S. 153A-Article 18, or-G.S. 160A A14iele 19. The County may attach conditions to the variance approval that support the purpose, spirit and intent of the riparian buffer protection program. Requests for appeals of decisions made by the County shall be made to the appropriate Board of Adjustment under G.S. 160A 388 er-G.S. 153A-345. 3. Major Variances A major variance request pertains to activities that are proposed to impact any portion of Zone 1 or any portion of both Zones I and 2 of the riparian buffer. If the County has determined that a major variance request meets the requirements in Section 4.D.I 4.E.1,then it shall prepare a preliminary finding and submit it to the Gem missienr Water QualAy Committee of the Environmental Management Commission. Pr-eliminaff f4adiegs an J . ee r-equests shall be f-evie by the GewA:nissieff w444a 90 days after-meeipt by the Dir-eeter-. Reques4s fe.- appeals ef detet:minmiens thm the fequif emefAs of Seatien 4.D.1 have not been met sha4l be ffiade te the Offiee of Administfafi;ve Heafings for-de4efmiaatien ffiade b y the D iA si off or-the appropriate B a af 4 a f Adjust-m-le-n-s-s 4 ffia a er-Q 9. 160A 388 or-G.S. 153A 345 &r-detem9nations made by the delegated leeal au4hefity- The purpose of the Gemmissie . Water Quality Committee's review is to 15 022 determine if it agrees that the requirements in Section 4.D.1 4.E.1 have been met. Requests for appeals of decisions made by the Gemmissionla Water Quality Committee's shall be made to the Office of Administrative Hearings. The following actions shall be taken depending on the Eeamnissien Water Quality Committee's decision on the major variance request: a) Upon the Water Quality Committee's approval, the County shall issue a final decision granting the major variance. b) Upon the Commissien Water Quality Committee's approval with conditions or stipulations,the County shall issue a final decision,which includes these conditions or stipulations. c) Upon the r„r,,miss; Water Quality Committee's denial,the County shall issue a final decision denying the major variance. F. Mitigation Persons who wish to undertake uses designated as allowable with mitigation shall meet the following requirements in order to proceed with their proposed use. 1. Obtain a determination of"No Practical Alternatives"to the proposed use pursuant to Section 4.13. 2. Obtain approval for a mitigation proposal pursuant to 155 14cAG 2B .0242 Section G of this Ordinance. (note: the following language is simply 15A NCAC 2B.0242 word for word from the NC Administrative Code). G. Mitigation Program The following are the requirements for the Riparian Buffer Mitigation Program for the Neuse River Basin. 1. . PURPOSE. The purpose of this Rule is to set forth the mitigation requirements that apply to the Neuse Basin existing riparian buffer protection program, as described in Section . 2. APPLICABILITY. This Rule applies to persons who wish.to impact a riparian buffer in the Neuse Basin when one of the following applies: a) A person has received an Authorization Certificate pursuant to Section 4.A.3 for a proposed use that is designated as "allowable with mitigation." b) A person has received a variance pursuant to Section 4.E and is required to perform mitigation as a condition of a variance approval. 3. THE AREA OF MITIGATION. The required area of mitigation shall be determined by either the County according to the following: a) The impacts in square feet to each zone of the riparian buffer shall be determined by the County by adding the following: (1) The area of the footprint of the use causing the impact to the riparian buffer. (2) The area of the boundary of any clearing and grading activities within the riparian buffer necessary to accommodate the use. (3) The area of any ongoing maintenance corridors within the riparian buffer associated with the use. b) The required area of mitigation shall be determined by applying the 16 023 following multipliers to the impacts determined in Section G.3.13 of this Ordinance to each zone of the riparian buffer: (1) Impacts to Zone 1 of the riparian buffer shall be multiplied by 3. (2) Impacts to Zone 2 of the riparian buffer shall be multiplied by 1.5. (3) Impacts to wetlands within Zones 1 and 2 of the riparian buffer that are subject to mitigation under 15A NCAC 2H .0506 shall comply with the mitigation ratios in 15A NCAC 2H .0506. 4. THE LOCATION OF MITIGATION. The mitigation effort shall be the same distance from the Neuse River estuary as the proposed impact, or closer to the estuary than the impact, and as close to the location of the impact as feasible. 5. ISSUANCE OF THE MITIGATION DETERMINATION. The County shall issue.a mitigation determination that specifies the required area and location of mitigation pursuant to Section G.3 and GA of this Ordinance. 6. OPTIONS FOR MEETING THE MITIGATION DETERMINATION. The mitigation determination made pursuant to Section G.5 may be met through one of the following options: a) Payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to Section G.7 of this Ordinance. b) Other options may be available through the Wetlands Restoration Program. 7. RIPARIAN BUFFER RESTORATION OR ENHANCEMENT. Persons who choose to meet their mitigation requirement through riparian buffer restoration or enhancement shall meet the following requirements: a) The applicant may restore or enhance a non-forested riparian buffer if either of the following applies: (1) The area of riparian buffer restoration is equal to the required area of mitigation determined pursuant to Section G.3 of this Ordinance. (2) The area of riparian buffer enhancement is three times larger than the required area of mitigation determined pursuant to Section G.3 of this Ordinance. b) The location of the riparian buffer restoration or enhancement shall comply with the requirements in Section G.4 of the Ordinance. c) The riparian buffer restoration or enhancement site shall have a minimum width of 50 feet as measured.horizontally on a line perpendicular to the surface water. d) The applicant shall first receive an Authorization Certificate for the proposed use according to the requirements of 15A NCAC 2B .0233. After receiving this determination,the applicant shall submit a restoration or enhancement plan for approval by the County. The restoration or enhancement plan shall contain the following. (1) A map of the proposed restoration or enhancement site. 17 024 (2) A vegetation plan. The vegetation plan shall include a minimum of at least two native hardwood tree species planted at a density sufficient to provide 320 trees per acre at maturity. (3) A grading plan. The site shall be graded in a manner to ensure diffuse flow through the riparian buffer. (4) A fertilization plan. (5) A schedule for implementation. e) Within one year after the County has approved the restoration or enhancement plan,the applicant shall present proof to the County that the riparian buffer has been restored or enhanced. If proof is not presented within this timeframe,then the person shall be in violation of the State's or the delegated local authority's riparian buffer protection program. f) The mitigation area shall be placed under a perpetual conservation easement that will provide for protection of the property's nutrient removal functions. g) The applicant shall submit annual reports for a period of five years after the restoration or enhancement showing that the trees planted have survived and that diffuse flow through the riparian buffer has been maintained. The applicant shall replace trees that do not survive and restore diffuse flow if needed during that five-year period. H. Requirements Specific to Forest Harvesting The following requirements shall apply for forest harvesting operations and practices. 1. The following measures shall apply in the entire riparian buffer: a) Logging decks and sawmill sites shall not be placed in the riparian buffer. b) Access roads and skid trails shall be prohibited except for temporary and permanent stream crossings established in accordance with 15A NCAC l I .0203. Temporary stream crossings shall be permanently stabilized after any site disturbing activity is completed. c) Timber felling shall be directed away from the stream or water body. d) Skidding shall be directed away from the stream or water body and shall be done in a manner that minimizes soil disturbance and prevents the creation of channels or ruts. e) Individual trees may be treated to maintain or improve their health, form or vigor. f) Harvesting of dead or infected trees or application of pesticides necessary to prevent or control extensive tree pest and disease infestation shall be allowed. These practices must be approved by the Division of Forest Resources for a specific site. The Division of Forest Resources must notify the Division of all approvals. g) Removal of individual trees that are in danger of causing damage to structures or human life shall be allowed. h) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover plants to enhance the riparian buffer shall be allowed 18 025 provided that soil disturbance is minimized. Plantings shall consist primarily of native species. i) High intensity prescribed bums shall not be allowed. j) Application of fertilizer shall not be allowed except as necessary for permanent stabilization. Broadcast application of fertilizer or herbicides to the adjacent forest stand shall be conducted so that the chemicals are not applied directly to or allowed to drift into the riparian buffer. 2. In Zone 1,forest vegetation shall be protected and maintained. Selective harvest as provided for below is allowed on forest lands that have a deferment for use value under forestry in accordance with G.S. 105-277.2 through 277.6 or on forest lands that have a forest management plan prepared or approved by a registered professional forester. Copies of either the approval of the deferment for use value under forestry or the forest management plan shall be produced upon request. For such forest lands, selective harvest is allowed in accordance with the following: a) Tracked or wheeled vehicles are not permitted except at stream crossings designed, constructed and maintained in accordance with 15A NCAC 11 .0203. b) Soil disturbing site preparation activities are not allowed. c) Trees shall be removed with the minimum disturbance to the soil and residual vegetation. d) The following provisions for selective harvesting shall be met: (1) The first 10 feet of Zone 1 directly adjacent to the stream or waterbody shall be undisturbed except for the removal of individual high value trees as defined provided that no trees with exposed primary roots visible in the streambank be cut. (2) In the outer 20 feet of Zone 1, a maximum of 50 percent of the trees greater than five inches dbh may be cut and removed. The reentry time for harvest shall be no more frequent than every 15 years, except on forest plantations where the reentry time shall be no more frequent than every five years. In either case,the trees remaining after harvest shall,be as evenly spaced as possible. (3) In Zone 2,harvesting and regeneration of the forest stand shall be allowed provided that sufficient ground cover is maintained to provide for diffusion and infiltration of surface runoff. Section 5 New Development Review New development plans within the SMA must comply with the following three Foles, Muirements: A. Riparian areas must be protected and maintained in compliance with this Orange County Neuse River Basin Stormwater Management Ordinance, B. Nitrogen load contribution must be held to 3.6 lbs per acre per year, and C. No net increase in peak flow leaving the site from the predevelopment conditions for the 1-year, 24-hour storm. 19 026 Section 6 Nutrient Load Calculations For the purpose of this Ordinance new development shall be defined by as to include the following: • Any activity that 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. • Any activity that 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. New development shall not include agriculture,mining,or forestry activities. Land disturbing activity is defined as grubbing, stump removal, and/or grading. A. The nitrogen export from each new development must'be calculated. This export will be calculated in pounds per acre per year(lbs/ac/yr). The two methodologies that are to be used are as follows. 1. Method 1 This method is intended for use where lots are shown but the actual footprint of buildings are not shown on site plans. This method does not require calculation of the area of building footprints. Rather,the impervious surface resulting from building footprints is estimated based on typical impervious areas associated with a given lot size. This method is shown in Appendix 1. 2. Method 2 This method is for residential,commercial, and industrial development when the entire footprint of the roads,parking lots,buildings, and any other built-upon area is shown on the site plans. This method is simpler and more accurate since it does not require estimating the impervious surface based on lot size. Method 2 is shown in Appendix 2. a) If a non-residential subdivision plan is submitted without impervious surfaces not shown,the following two options are available: (1) Option A Property owner must specify the areas of impervious surface, undisturbed open space and managed open space on the property in a restrictive covenant. Method 2 would then be applied. (2) Option B Planning staff will determine a worst-case scenario for the areas of impervious surface and managed open space for the type of development specified. Method 2 would then be applied. B. Nutrient Export Figures Calculations must be in accordance with either Method 1 or 2 shown in Appendix 1 and 2,respectively, of this Ordinance. C. Nutrient Export Reduction Options 20 027 If calculations show that the development will contribute greater than 3.6 lbs/ac/yr of nitrogen,then the options shown below are available. 1. Residential Development a) If the calculated nitrogen export is less than 6.0 lbs/ac/yr, then the owner may: (1) Install BMPs specified in Section 8 to reduce nitrogen export amounts to 3.6 lbs/ac/yr. (2) Pay a one-time offset payment of$330/lb. This offset fee will go to the Wetlands Restoration Program(WRP)The WRP will utilize these fees in accordance with the Basinwide Wetlands and Riparian Restoration plans. It is the policy of the WRP to utilize the funds where they are generated to the maximum extent possible. (3) A combination of BMPs and offset payments may be used to achieve 3.6 lbs/ac/yr. b) If the calculated export is greater than 6.0 lbs/ac/yr,the owner must use on-site BMPs to lower the nitrogen export to 6.0 lbs/ac/yr. The owner may then use one of the above options to achieve a nitrogen export level of 3.6 lbs/ac/yr. 2. Commercial and Industrial a) If the calculated export is less than 10.0 lbs/ac/yr, then the owner may: (1) Install BMPs specified in Section 8 to reduce nitrogen export amounts to 3.6 lbs/ac/yr. (2) Pay a one-time offset payment of$330/lb. This offset fee will go to the Wetlands Restoration Program(WRP)The WRP will utilize these fees in accordance with the Basinwide Wetlands and Riparian Restoration plans. It is the policy of the WRP to utilize the funds where they are generated to the maximum extent possible. (3) A combination of BMPs and offset payments may be used to achieve 3.6 lbs/ac/yr. b) If the calculated export is greater than 10.0 lbs/ac/yr, the owner must use BMPs to lower the nitrogen export to 10.0 lbs/ac/yr. The owner may then use one of the above options to achieve a nitrogen export level of 3.6 lbs/ac/yr. D. Calculating Peak Runoff Volume For all new development,there shall be no net increase in peak flow leaving the site from the predevelopment conditions for the I year,24 hour storm. 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 21 028 Service's Technical Release Number 55 (TR-55). c) Putnam Method d) Alternative methods must be approved by the County and the EMC 2. The same method must be used for both the pre- and post- development conditions. 3. Raleigh Rainfall Depths a) 1 year, 24 hour depth: 3.00 inches b) 1 year, 24 hour intensity: under development by DWQ staff E. Exemptions to the Peak Flow Requirements Peak flow requirements are waived for development that meets the following criteria: 1. Increase in peak flow between pre- and post-development conditions does not exceed 10% (ten percent). 2. Proposed new development meets all of the following criteria: a) total impervious surface is less than 15%(fifteen percent), and b) remaining pervious surface maximizes stormwater runoff control and conveyance. 3. Detention will cause further flooding on lands that have experience flooding during previous storm events. This request for exemption must be prepared by a North Carolina registered professional engineer and submitted in writing to the Planning Director or Designee. Appeals of this decision will follow Section 7-E of this Ordinance. Section 7 Stormwater Management Plan A. Plan Requirements 1. Permanent on-site BMPs must be shown as part of the Stormwater Management Plan and accompany the Land-Disturbing Plan submittal. BMPs are to be in accordance with the NC and MD design manuals. 2. All calculations for Nitrogen Export, Peak Run-off Volume, and permanent BMPs designed for Nitrogen Removal must be included in the submittal of the Stormwater Development Plan. B. Plan Approval The Enforcement Officer is authorized to approve any Stormwater Management Plan which is in conformance with the performance standards specified in the Orange County Design Manual, and other requirements of this Ordinance. C. Approved Plan a Prerequisite The Enforcement Officer is not authorized to issue any permits for development on any land within the Neuse River Basin that is defined as new development under Section 5 of this Ordinance unless and until a Stormwater Development Plan in compliance with the requirements of this Section has been approved. D. Design of Permanent Nitrogen Export Reduction BMPs When a permanent nitrogen export reduction BMP is required for new development to meet the requirements of this Ordinance,a North Carolina registered professional 22 engineer shall prepare the plan with the Engineer's Certification of Stormwater Management as shown in Appendix 3 affixed, signed, sealed and dated. E. Fees The Stormwater Management Plan Review Fee shall be paid at the time of submittal. The fee shall be based upon the current Orange County Planning Fee Schedule. F. Appeals Appeals of the Enforcement Officer's decision on a Stormwater Management Plan shall be made to the Orange County Planning Director. If the Planning Director upholds the decision,the person shall be entitled to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval, modification,or conditions of approval. 1. Hearings held pursuant to this section shall be conducted by the Orange County Planning Board within 30 days after receipt of written demand for such hearing made by the person submitting the plan 2. The Orange County Planning Board shall make recommendations to the Board of Commissioners of Orange County within 30 days after the date of hearing on such erosion control plan. 3. The Board of Commissioners of Orange County will render its final decision on any erosion control plan upon which a hearing is requested within 30 days of receipt of the recommendations, from the agency conducting the hearing. Section 8 Permanent Nitrogen Export Reduction Best Management Practices A. Permanent On-site Nitrogen Export Reduction BMPs The following on-site BMPs may be utilized for reducing nitrogen from new developments: 1. Wet detention ponds . 2. Constructed wetlands 3. Open channel practices 4. Riparian buffers 5. Bioretention 23 030 Section 9 BMP Construction A. Total Nitrogen Removal Rates Each BMP receives an assigned TN (total nitrogen)removal rate. BMP Type TN Removal Rate Appropriate Design Standards Wet detention ponds 25% NC and MD Design Manuals Constructed wetlands 40% NC and MD Design Manuals Open channel practices 30% NC and MD Design Manuals Riparian buffers 30% Orange Co. Buffer Standards Vegetated buffer strips with 20% NC and MD Design Manuals level spreader Bioretention 25% NC and MD Design Manuals Sand filters 35% NC and MD Design Manuals Other BMPs varies subject to Orange County and NCDENR-DWQ approval 1. If more than one BMP is installed in series on a development,then the removal rate shall be determined through SERIAL rather than additive calculations. a) Example: If a wet detention pond discharges through a riparian buffer,then the TN removal rate would be 47.5%. This number is reached by assuming that the pond removes 25%of the TN and discharges 75%into the riparian buffer. The buffer then removes 30%of the nitrogen discharged by the pond, which is 22.5%. This totals 47.5% (25%+22.5%=47.5%). Theremoval rate is NOT 25%plus 30%. B. Surety The financially responsible party may be required to file with Orange County an improvement security,performance bond or letter of credit in the form of an escrow account or other instruments satisfactory to the County attorney in the amount deemed sufficient by the County to cover all costs of repairing or installing the required Permanent BMPs according to requirements of this Ordinance, and the approved Stormwater Management Plans. The amount of such surety requirement shall be determined by the County. Such surety shall be valid until the work is completed in accordance with the Stormwater Management Plan and until same is released by the County. Applicable surety shall be forfeited upon violation of this Ordinance and shall be used to establish protective cover on the site,to control the velocity of runoff, and/or prevent off-site nitrogen export. Any monies in excess of the cost of providing protective measures shall be refunded to the applicant. Surety shall be released when the County has certified that the requirements of this Ordinance have been met. Surety amounts will be determined by rates set in the Orange County Planning Fee Schedule. 24 031 Section 10 Annual Maintenance A. If BMPs are shown on a development plan, then a signed, and notarized maintenance agreement must accompany them. The agreement must include the following: 1. Name and address of the person or organization financially responsible for paying the annual inspection fee; 2. Name(s)and address(es) of all parties to whom a copy of the annual inspection report should go; 3. Name and address of the person or organization financially responsible for all maintenance specified in the annual inspection report; 4. Emergency contact information; 5. And a standard maintenance plan which includes but is not limited to: a) any mowing of permanent vegetation, b) any removal of bushes*and trees from the dam of a wet detention pond, c) reseeding of any eroding areas of the wet detention ponds,open channel practices,riparian buffers, and vegetated filter strips, d) replacing of impaired vegetation in a constructed wetlands or riparian buffer, e) removal of debris from the 'trash rack' on any wet detention pond or sand filter, f) and repair of any damage to structural aspects of wet detention ponds, constructed wetlands, level spreaders, and sand filters. 6. In residential subdivisions where a Homeowner's Association will be assuming responsibility for all permanent BMPs, a signed and notarized Homeowner's Association Notification(Appendix 4- Sample Maintenance Agreement) form 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 Nitrogen Reduction BMPs may be released. B. Fee The Annual Maintenance Inspection Fee for the first year shall paid before: 1. the release of any Final Certificate of Occupancy for Non-Residential Properties. 2. the release of the construction bond for Residential or Non-Residential Properties. 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 Fee Failure to pay the Annual Maintenance Inspection Fee will be deemed a violation of the Ordinance. Section 11 Land Use Planning Provisions 25 032 All feasible site design techniques that reduce impervious surface on new development should be utilized during the planning process. Where possible, the following planning techniques should be incorporated into any plan for new development: • minimize any road widths, • reduce minimum parking requirements, • minimize the use of curb and gutter, • maximize the use of cluster or open space developments, • maximize the use of traditional neighborhoods,and • maximize mixed use developments. Section 12 Jurisdiction-Wide and Inter-Local Approaches Orange County shall have the option of implementing jurisdiction-wide and/or inter-local approaches to achieve nitrogen reductions. 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. Section 13 Jurisdiction-Wide Collection of Illegal Discharge Information Orange County Planning and Inspections shall collect information related to Illegal Discharges from all applicable sources within its Jurisdiction within the Neuse River Basin. Section 14 Illegal Discharges Orange County shall implement a program to prevent, identify and remove illegal discharges. This section of the Ordinance establishes methods for controlling the introduction of pollutants into the stormwater collection system. A. Discharge Prohibitions No person shall discharge or cause to be discharged into the stormwater collection system any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. B. Allowable Discharges The commencement, conduct, or continuance of any illegal discharge to the stormwater collection system is prohibited except as described as follows: 1. The following discharges are exempt from discharge prohibitions established by this Ordinance provided that they do not significantly impact water quality: a) Waterline flushing, b) Landscape irrigation, c) Diverted stream flows, 26 033 d) Uncontaminated rising groundwater, e) Uncontaminated groundwater infiltration to the stormwater collection system, f) Uncontaminated pumped groundwater, g) Discharges from potable water sources, h) Foundation drains, i) Uncontaminated air conditioning condensation, j) Irrigation water, k) Springs, 1), Water from crawl space pumps, in) Footing drains, n) Lawn watering, o) Non-commercial car washing, p) Flows from riparian habitats and wetlands, q) NPDES permitted discharges, r) Street wash water, s) Fire fighting emergency activities, t) Wash water from the cleaning of buildings, u) Dechlorinated backwash and draining associated with swimming pools,and v) Flows from firefighting. w) Discharges specified in writing by the County as being necessary to public health and safety. x) Dye testing is an allowable discharge,but requires verbal notification to the County prior to the time of the test. y) Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit,waiver, or waste discharge order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the stormwater collection system. C. Prohibited Discharges 1. It is a violation of this Ordinance for any person to discharge any substance into the stormwater collection system which by its nature, may: a) become a public health hazard endangering human or animal health. b) interfere with the free and rapid flow of surface water. c) be flammable or explosive. d) be toxic to human, animal or plant life. e) be corrosive or damaging to the stormwater collection system. f) affect adversely the State of North Carolina classification of the stream into which the discharge flows. 2. Non-allowable discharges include, but are not limited to,the following: a) Dumping of oil, anti-freeze, chemicals, garbage,paint or cleaning fluids, 27 mow 034 b) Untreated animal waste, c) Commercial car washes, d) Industrial discharges, e) Contaminated foundation drains, f) Cooling water unless no chemicals are added, and a NPDES permit is in place, g) Washwaters from commercial and industrial activities; h) Sanitary sewer discharges, i) Septic tank discharges, j) Washing machine discharges, and k) Chlorinated backwash and draining associated with swimming pools. D. Prohibition of Illegal Connections 1. The construction,use,maintenance, or continued existence of illegal connections to the stormwater collection system is prohibited. Any connection to the stormwater collection system which allows the discharge of non-stormwater, other than the exclusions listed in Section 17.13.1 of this Ordinance, is prohibited. 2. This prohibition expressly includes, without limitation, illegal connections made in the past,regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of the connection. 3. A person is considered to be in violation of this Ordinance if the person connects a line conveying sewage to the stormwater collection system, or allows such a collection to continue. 4. Where such connections,exist in violation of this Ordinance, and said connections existed prior to the adoption of this Ordinance,the property owner, or person using said connection shall have shall remove the connection within one (1)year following the adoption of this Ordinance. This grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to human, animal or plant life, and natural resources. a) Where it is determined that the one (1)year grace period shall not apply, the Planning Director or Designee shall determine the time within which the connection shall be removed. In setting the time limit for compliance,the County shall take into consideration: (1) The quantity and complexity of the work. (2) The consequences of delay. (3) The potential harm to the environment, to the public health, to public and private property,to wildlife, and to natural resources. (4) The cost of remedying the damage. E. Spills Spills or leaks of polluting substances discharged to, or having the potential to reach the stormwater collection system, shall be contained, controlled, collected, and removed promptly. All affected areas shall be restored to their preexisting condition. 28 035 1. Notification of Spills a) Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into or may reach the stormwater collection system or waters of the Neuse River Basin in Orange County, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such discharge. In the event of such a discharge of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services, and shall notify the County within twenty-four(24)hours. In the event of a discharge of non-hazardous materials, said person shall notify the County no later than the next business day. All notifications shall be confirmed by written notice addressed and mailed to the County within three(3)business days of the discharge. b) Notification shall not relieve said person of. (1) any liability or expense related to the discharge. (2) restoration of any area affected by the discharge to preexisting conditions. (3) liability or violation of any regulatory body of the County, State or Federal government. Section 15 Inspections and Investigations. A. Site Inspections Agents, officials, or other qualified persons authorized by the County will periodically inspect on-site BMPs,protected buffers, and illegal discharges to ensure: 1. compliance with 9%-Aet—,this Ordinance, er-vales or-or-defs adopted or-issiaed P to uh&'; fflRdiffl.aflee. 2. whether the measures required in the plan are being constructed in accordance with the approved plan; 3. whether the permanent BMPs are in need of any maintenance including, but not limited to, the following: a) mowing of vegetation, b) vegetation re-establishment, c) tree removal (especially from wet detention ponds), d) stabilization of any eroding areas, and e) structural (pipe,riser, dam, etc) repair. B. Notice of the right to inspect shall be included in the letter of approval of each Stormwater Management Plan. C. Authority to Enter Property and Conduct Investigations and Inspections 29 036 No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of Orange County, while that person is r-e"ir-ed en site BN4P-reviewing compliance with the provisions of this Ordinance. The Enforcement Officer shall have the power to conduct such investigations as deemed reasonably necessary to carry out the duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property,public or private, for the purpose of kwes+;,..,-ing and: eeti g the sites of ea,.,,.equiroa A- reviewing compliance with the provisions of this Ordinance.No person shall refuse entry or access to any authorized representative or agent of the county who request entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out their official duties. D. Notice of Violation If it is determined that a person responsible for p efmaaeafit-eat e_B MP, or-r-eff ieval of any illegal Pis o compliance with the provisions of this Ordinance has failed to comply with the et,this Ordinance , a notice of violation shall be served upon that person. The notice may be served by any means authorized under G.S. 1A-1,rule 4. The notice shall specify a date by which the person must comply with the A4, or this Ordinance , and inform the person of the actions that need to be taken to comply with the s �'- or . However, no time period for compliance need be given for encroaching on the riparian buffer or obstructing, hampering or interfering with an authorized representative while in the process of carrying out their official duties. Any person who fails to comply within the time specified is subject to the civil and criminal penalties provided in this Ordinance. In the event service cannot be accomplished by registered or certified mail, it may be accomplished in any manner provided in rule(4)j of the North Carolina Rules of Civil Procedure. E. Power to Require Statements The Enforcement Officer shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land-disturbing activities. F. Stop Work Orders Whenever any person is violating this Ordinance , or any term, condition, or provisions of an approved Stormwater Management Plan, the Enforcement Officer may, either before or after the institution of any other action or proceeding authorized by this Ordinance, issue a stop work order for the site on which the violation has occurred. Upon issuance of such an order and the posting of same on the site of the violation, all work on the site of the violation shall cease, except those activities necessary to bring the site into compliance 30 037 with this Ordinance. Notice of the stop work order shall be in writing,directed to the person conducting the land-disturbing activity and shall state the reasons for the issuance of the order, and the conditions under which work may be resumed.Notice shall be given by registered or certified mail. In the event service cannot be accomplished by registered or certified mail,it may be accomplished in any manner provided in rule 40) of the North Carolina Rules of Civil Procedure. G. Appeal of Stop Work Order The person conducting the development activity may appeal a stop work order to the County Commissioners within a period of five days after the order is issued.Notice of appeal shall be given in writing to the Commissioners,with a copy to the Enforcement Officer. The County Commissioners shall conduct a hearing at their next scheduled meeting at which the appellant and the Enforcement Officer or Inspector shall be permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as possible. Pending the ruling by the Commissioners on an appeal,no further work shall take place in violation of a stop work order. Section 16 Penalties A. Civil Penalties 1. Assessment of Penalties Any person who violates any of the provisions of this Ordinance or rules or orders adopted or issued pursuant to this Ordinance, or who fails to install, or complete any permanent on-site Nitrogen Reduction BMP or fails to conduct required maintenance on any permanent on-site BMP,or fails to remove an identified Illegal Discharge shall be subject to a civil penalty. The maximum civil penalty for a violation is&ve t4ettsaad'dellafs ($5,000). for those violations not willfully or unknowingly committed is ten thousand dollars ($10,000) per day, and for those violations that are continued willfully and knowingly,the maximum is twenty-five thousand dollars ($25,000)per day. If, after the allotted time period has expired,the violator has not completed corrective action, a civil penalty may be assessed from the date the violation is detected. However, no time period for compliance need be given for failure to submit the Storinwater Management Plan for approval or for obstructing, hampering, or interfering with an authorized representative while in the process of carrying out his official duties. Each day of a continuing violation shall constitute a separate violation under Section 22 (A)(!) 16.A.1. 2. Demand for Payment of Penalty The Orange County Board of Commissioners shall notify the person who is 31 033 assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. The notice of assessment shall be served by any means authorized under Section 24-G 15.1) of this Ordinance, and shall direct the violator to either pay the assessment or contest the assessment,within 30 days after the receipt of the notice of assessment,by written demand for a hearing. If payment is not received within 30 days after demand for payment is made,the County or town may institute a civil action to recover the amount of the assessment. The civil action may be brought in the Superior Court of the County where the violation occurred,or the violator's residence or principal place of business is located. Such civil actions must be filed within three (3)years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial,review of the assessment. Refer to the procedure as followed by the County. 3. Use of Penalties Civil penalties collected pursuant to this Ordinance shall be credited to the general fund of the local government as nontax revenue. 4. Criminal Penalties Any person who knowingly or willingly violates any provision of this Ordinance or rule or order adopted or issued pursuant to this Ordinance, or who knowingly or willfully initiates or continues a development activity for which a Stormwater Management Plan is required except in accordance with the terms, conditions, and provisions of an approved plan shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine of not less than fifty($50) dollars per day, with a maximum of fifteen thousand($15,000)dollars per day-aa exeeed$5,000, or by both, at the discretion of the court. Section 17 Injunctive Relief A. Civil Action in Superior Court Whenever the governing body of the Tow; County has reasonable cause to believe that any person is violating or threatening to violate this Ordinance or any rule or order adopted or issued pursuant to this Ordinance; or any term, condition, or provision of an approved erosion control plan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the te�N%e County for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of Orange County. B. Order to Cease Violation Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order or judgement that is necessary to abate the violation,to ensure that restoration is performed, or to prevent the threatened violation. The institution of an 32 039 action for injunctive relief under this section shall not relieve any parry to the proceedings from any civil or criminal penalty prescribed for violations of this Ordinance. Section 18 Compliance with Requirements Any person engaged in new development activities as defined by this Ordinance 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. Section 19 Severability If any one or more sections or portions thereof of this Ordinance are held to be invalid or unenforceable, all other sections and portions thereof shall nevertheless continue in full force and effect. Section 20 Effective Date This Ordinance will become effective upon passage by the Orange County Board of Commissioners and the approval of the Environmental Management Commission. Section 21 Revisions to this Ordinance The County shall review all the Commission's revisions to the Model Ordinance and, within 90 days of receipt of the recommended revisions, submit draft amendments to the Commission for its consideration and comments.Within 150 days after receipt of the Commissions' comments,the County will formally consider proposed amendments and to the extent deemed necessary by the County,incorporate the amendments into the Stormwater Management Ordinance. 33 1 School because they think that it is the best school in the County. She said that her daughter has been diagnosed as exquisitely allergic because she has a chronic bloody nose. Duke says that it is because of Hillsborough Elementary and the mold that is there. She urged the Commissioners`to support the improvements at Hillsborough Elementary. She also voiced her support for Spanish classes in all of the elementary schools and for a consolidated school system. Rick Kennedy is a parent of three children in the Orange County Schools. He said that he has no-argument for a third high school in Chapel Hill, but this should not be taken out on the students attending Orange County Schools. He said that if the middle school is not in the bond, then that is what is going to happen. Carolyn Miller, parent of three children in the Chapel Hill-Carrboro City Schools, asked that the County Commissioners appropriate money from the bond issue for a new high school for Chapel Hill-Carrboro City Schools. She also spoke in support of soccer fields. Noah Ranells asked that parkland and open space be fully funded. He supports activities for all people in greater Orange County rather than Carrboro and Chapel Hill. He spoke about the cost of development and that the tax dollars are not really balanced in terms of the benefits of rural agricultural landowners and their families. He asked the Commissioners to try and balance growth in the County. He said that a specific opportunity is an environmentallagricultural center that serves the whole County.. Norm Gustaveson endorsed affordable housing, senior centers, schools, and parks and open space. He greatly supports farmland preservation and land acquisition. Annette Juraelski spoke on behalf of the Orange-Chatham Sierra Club. She is also a member of the Commission for the Environment. She spoke in support of open space. Susan Halkiotis a member of the Orange County Board of`Education, said that Orange County Schools received some late breaking,projections that blindsided everyone. She said that the numbers for the bond referendum are also blindsiding and make checking and double-checking with the school staff nearly impossible. She spoke l about Hillsborough Elementary School and the board's decision to keep the building open for the community. She said that the children have done so well because of the wonderful staff and parents. She said that the building is by no means adequate. For example, the fourth and fifth graders have one bathroom for over 150 children. She said that she is afraid that the building was kept open at the expense of losing a new middle school. Dana Thompson, a member of the Orange County Board of Education, said that she supports senior centers, affordable housing, parks and recreation, and the schools. She assured the County Commissioner; that the board members would be out there publicly supporting the other needs in the bond referendum. Sh( reiterated that the point'of bringing up the proposal of shared space was not to say that a high school was nc needed in Chapel Hill, but to be willing to work and smooth the process along. The board does think that a new middle school is needed in Orange County before a high school is needed in Chapel Hill. A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to close the public hearing. VOTE: UNANIMOUS D. PUBLIC HEARING ITEMS 1. Orange County Stormwater Program for Lands'vAthin the Neuse River Basin a. Adjust fines to State minimum levels in order to receive delegated authority b. Make regulatory language more specific Planning Director Craig Benedict made this presentation. In order to comply with NCAC 15A explained in the agenda abstract. Impacts that would require submittal to the Division of Water Quality'befor any approvals could be issued by the County include driveway crossings that disturb greater than 25 linear feet of the buffer, bridges, greenway trails, utilities, ponds and road crossings. The Stormwater Ordinance amendments conform to requirements by NCDENR-Division of Water Quality, the Environmental. Management Commission and the NC Administrative Code, rules 15A 213 .0233 and .01241. These changes are the result of the State Attorney General's office extensive review, NCDENR-DWQ staff enforcement experience and the recommendations of Harmony Whalen. There were no public comments. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to place this item on an upcoming Board of County Commissioners'agenda during which planning matters are considered. VOTE: UNANIMOUS 2. Soil Erosion and Sedimentation Control Ordinance Amendments. a. Changes minimum thresholds for grading permits in the Cane Creek and Upper Eno Watersheds Craig Benedict said that the proposed change is an update to the maps. The updates include the Upper Eno and Cane Creek watersheds and reduce the threshold for required land disturbance permits from 20,000 square feet to 10,000 square feet'.- There were no public comments., A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to place this item on an upcoming Board of County Commissioners'agenda during which planning matters are considered. VOTE: UNANIMOUS 3. ORANGE COUNTY SUBDIVISION AMENDMENTS a. Modify Section IV-B-3 Streets 1. Amend Section IV-B-3-a provision of streets rights-of-way 2. Amend Section IV-B-3-b Craig Benedict distributed new language for these subdivision amendments. He said that these amendments have to do with clarifying provisions for street rights-of-way and also a coordinated street system within subdivisions. He distributed documents with the proposed language changes and read throng the changes, Nicole Gooding-Ray, Chair of the Planning Board, asked for an explanation of the last paragrapt in Section IV B-3-b. Craig Benedict said that"private streets"was included in the lead in paragraph and the staff did not believe it was necessary to put it in the last paragraph since some subdivisions include private streets and some include public streets. Commissioner Gordon asked flow staff would review proposals differently now from what they had previously and how this would affect Commissioner deliberations. Craig Benedict said that there would be better guidance and a recommendation could be made to the Planning Board and Commission with a clear coordinated street system. There were no public comments. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to close the VOTE: UNANIMOUS e. HOME/Housing Bond Programs—Meadowrnont Condominiums The Board considered the allocation of$180,000 in HOME Investment Partnership funds to the Orange Community Housing and Land Trust in the form of a grant and also considered the Capital Project Ordinance authorizing the expenditure of$350,000 in housing bond funding and$50,000 in Housing Trust funds. Commissioner Gordon asked about the grant versus the deferred loan. Housing and Community Development Director Tara Fikes said that traditionally the HOME funds and the Housing Bond funds were in the form of a deferred loan with the idea that if a property was no longer affordable the there would be some repayment requirement. This is a grant because the properties are being put in the land trust, thereby guaranteeing long-term affordability. This would also allow a reduction in the improvements to the property. A motion was made by Commissioner Brown, seconded by Commissioner Gordon to: 1. Approve the allocation of$180,000 in HOME Investment Partnership funds to the Orange Community Housing and Land Trust in the form of a grant and authorize the County Manager in consultation with the County Attorney to execute a Grant Agreement on behalf of the County; and 2. Approve the Capital Project Ordinance authorizing the expenditure of$350,000 in housing bond funding and $50,000 in Housing Trust fund dollars; and authorizing the County Manager upon the County Attorney's review and approval,to execute a Development Agreement with Orange Community Housing and Land Trust on behalf of the County. VOTE: UNANIMOUS h. Orange County Stormwater Program Regulatory Enhancements for Lands Within the Meuse River Basin The Board considered the Orange County Stormwater Program Regulatory Enhancements for Lands within the Neuse River Basin. Planning Director Craig Benedict explained the amendments as listed in the agenda abstract. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve and adopt the amendments noted in this item and to forward Orange County's official request for Delegated Authority to NCDENR—Division of Water Quality and the Environmental Management Commission. VOTE: UNANIMOUS i. Approval of Professional Services for Land Records Indexina System Analysis The Board considered the use of Lee Software Development for system analysis of the indexing component of the Orange County Land Records System. Commissioner Jacobs asked Register of Deeds Joyce Pearson if she was getting the needed staff support to make this happen, Joyce Pearson said that the focus of this work would be on the interfacing of the mainframe. Any software will have to interface with the mainframe. Currently,this process is straightened out. Chair Halkiotis thanked Joyce Pearson for all she has done to bring the Register of Deeds office into the 215`century. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon to approve and authorize the Chair to sign a contract with Lee Software Development that reflects substantially the accompanying scope of work, in an amount not to exceed$20,000; and to authorize the Purchasing Director to execute the appropriate paperwork.