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HomeMy WebLinkAboutORD-2000-129 Orange County Neuse River Basin Stormwater Management Ordinance 8m o rz s�- zoos - I�4 Orange County Neuse River' Basin Stormwater Management Ordinance Section 1 Stormwater Protection within the Neuse River Basin A. Purpose and Intent Pursuant to requirements of the North Carolina Administrative Code Section 15A NCAC 2B .0200 Classifications and Water Quality Standards Applicable to Surface Waters and Wetlands of North Carolina, and Section 15A NCAC 2B .0235 Neuse River Basin Nutrient Sensitive Waters Management Strategy: Basinwide Stormwater Requirements,the Neuse River Basin Stormwater Management Area(hereafter referred to as the SMA) has been established. This Area is for lands within the Neuse River Basin in Orange County with streams . that are on the USGS topographic maps as blue lines (either dashed or solid), and/or on the USDA.Soil Survey Map as a waterway. This Area is in addition to other zoning district established in this Ordinance and delineated on the Orange County Zoning Atlas. Wherever other County ordinances and regulations differ from the Neuse River Basin Stormwater Management Area standards,the more restrictive provisions shall apply. The purpose of the County Commissioners in adopting these regulations is to protect the water quality of the streams that lie within the Neuse River Basin in Orange County by addressing nitrogen reductions for both new and existing development. The Neuse River Basin Stormwater Management Ordinance for Orange County shall achieve this by utilizing the following approach: 1. Review of stormwater management plans for new developments to ensure that: a) the nitrogen load contributed by new development activities is reduced by a 30%of the average annual load for the period of 1991 through 1995 (15A NCAC 2B .0232); b) there is no net increase in peak flow leaving the site from the predevelopment conditions for the 1-year,24-hour storm. 2. Review of new development plans for compliance with requirements for protecting and maintaining existing riparian areas as specified in Sections 3 and 4, and 3. Identification and removal of illegal discharges. Section 2 Definitions For the purpose of this Ordinance,these terms shall be defined as follows: A. Agricultural Uses-the use of waters for stock watering, irrigation and other farm purposes. B. Applicator- any person, firm, corporation, wholesaler, retailer, distributor, any local, state or federal governmental agency,or any other person who applies fertilizer to the land of a consumer or client or to land they own or to land they lease or otherwise hold rights. C. Best Management Practice (BMP)- means a structural or non-structural management-based practice used singularly or in combination to reduce nonpoint 1 source inputs to receiving waters in order to achieve water quality protection goals. D. Buffer-a natural or vegetated area through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer shall be measured landward from the normal pool elevation of impounded structures and from the bank of each side of streams or rivers. E. Built-upon area-that portion of a development project that is covered by impervious or partially impervious cover including buildings,pavement, gravel areas (e.g. roads,parking lots,paths),recreation facilities (e.g. tennis courts) etc.' (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.) F. Channel-a natural water-carrying trough cut vertically into low areas of the land surface by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water. G. Cluster Development-the grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term includes nonresidential development as well as single-family residential and multi-family developments.' For the purpose of this Ordinance,planned unit developments and mixed use development shall be considered cluster development. H. County- shall mean Orange County. I. DBH- diameter at breast height of a tree,which is measured at 4.5 feet above! ground surface level. I Development-any land-disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil. K. Discharge-the addition of any man-induced waste effluent either directly or indirectly to state surface waters. L. Ditch or canal- a man-made channel other than a modified natural stream constructed for drainage purposes that is typically dug through inter-stream divided areas. A ditch or canal may have flows that are perennial, intermittent, orl ephemeral and may exhibit hydrological and biological characteristics similar to perennial or intermittent streams. M. Domestic wastewater discharge-the discharge of sewage,non-process industrial wastewater, other domestic wastewater or any combination of these items. Domestic wastewater includes,but is not limited to, liquid waste generated by domestic water using fixtures and appliances,from any residence,place of business, or place of public assembly even if it contains no sewage. Examples of domestic wastewater include once-through non-contact cooling water, seafood I packing facility discharges and wastewater from restaurants. N. Effluent channel-a discernable confined and discrete conveyance which is used for transporting treated wastewater to a receiving stream or other body of water. O. Ephemeral (stormwater) stream-a feature that carries only stormwater in direct response to precipitation with water flowing only during and shortly after large precipitation events. An ephemeral stream may or may not have a well- defined channel,the aquatic bed is always above the water table, and stormwater runoff is the primary source of water. An ephemeral stream typically lacks the biological,hydrological,and physical characteristics commonly associated with continuous or intermittent conveyance of water. P. Erosion Control Officer-employee of Orange County Planning and Inspections Department,Erosion Control Division. Q. Existing development-for projects that do not require a state permit, shall be defined as those projects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of the local government water supply ordinance, or such earlier time Orange County ordinances shall specify,based on at least on of the following criteria: 1. substantial expenditures of resources (time,labor,money)based on a good faith reliance upon having received a valid Orange County approval to proceed with the project, or 2. having an outstanding building permit in compliance with G.S. 153A- 344.1 or G.S. 160A-385.1, or 3. having an approved site specific or phased development plan in compliance with G.S. 153A-344.1 or G.S. 160A-385.1. For projects that require a state permit,such as landfills,NPDES wastewater discharges, land application of residuals and road construction activities, existing development shall be defined as those projects that are built or those projects for which a state permit was issued prior to August 3, 1992.. R. Fertilizer-any substance containing nitrogen or phosphorous which is used primarily for its plant food content. S. Forest plantation-an area of planted trees that may be conifers(pines)or hardwoods. On a plantation,the intended crop trees are planted rather than naturally regenerated from seed on the site, coppice (sprouting), or seed that is blown or carried into the site. T. Forest vegetation-the plants of an area which grow together in disturbed or undisturbed conditions in various wooded plant communities in any combination or trees, saplings, shrubs,vines, and herbaceous plants. This includes mature and successional forests as well as cutover stands. U. High value tree-a tree that meets or exceeds the following standards: for pine 3 i I species, 14"DBH or greater or 18" or greater stump diameter, and for hardwood'',, or wetland species, 16"DBH or greater, or 24"or greater stump diameter. V. Industrial discharge-the discharge of industrial process treated wastewater or wastewater other than sewage. Stormwater shall not be considered to be an industrial wastewater unless it is contaminated with industrial wastewater. Industrial discharge includes: 1. wastewater resulting from any process of industry or manufacture, m from the development of any natural resource; 2. wastewater resulting from processes of trade or business, including wastewater from laundromats and car washes, but not wastewater from restaurants; or 3. wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment program. W. Intermittent stream-a well defined channel that contains water for only part of the year,typically.during winter and spring when the aquatic bed in below the water table. The flow may be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological characteristics commonly associated with the continuous conveyance of water. X. Land-disturbing activity-any use of the land that results in a change in the natural cover or topography that may cause or contribute to sedimentation. Y. Major variance- a variance from the minimum statewide watershed protection rules that results in the relaxation, by a factor greater than five percent of any buffer, density, or built upon area requirement under the high density option; any variation in the design, maintenance or operation requirements or a wet detention pond or other approved stormwater management system; or relaxation by a facto$ greater than ten percent, of any management required under the low density option. Z. Minor variance- a variance from the minimum statewide watershed protection rules that results in the relaxation, by a factor up to five percent of any buffer, density, or built upon area requirement under the high density option; or that results in a relaxation by a factor up to ten percent, of any management required under the low density option. AA. Modified natural stream-an on-site channelization or relocation of a stream channel and subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations in the immediate watershed. A modified natural stream must have the typical biological, hydrological and physical characteristics commonly associated with continuous conveyance of water. BB. Nonpoint source pollution-pollution which enters waters mainly as a result of precipitation and subsequent runoff from lan ds which have been disturbed by man's activities and includes all sources of water pollution which are not required to have a permit in accordance with G.S. 143-215.1(c). 4 CC. Nutrient sensitive waters-those waters which are so designated in the classification schedule in order to limit the discharge of nutrients (usually nitrogen and phosphorous). They are designated by"NSW'following the water classification. DD. . Perennial stream-a well-defined channel that contains water year round during a year of normal rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the primary source of water for a perennial stream,but it also carries stormwater runoff. A perennial stream exhibits the typical biological,hydrological and physical characteristics commonly associated with continuous conveyance of water. EE. Perennial waterbody- a natural or man-made basin that stores surface water permanently at depths sufficient to preclude growth of rooted plants,including lakes,ponds, sounds,non-stream estuaries, and ocean. For the purpose of this Ordinance, the waterbody must be part of a natural drainageway (i.e. connected by surface flow to a stream). FF.Residential Development buildings for residence such as attached and detached single family dwellings, apartment complexes,condominiums, townhouses,cottages, and their associated outbuildings such as garages, storage buildings,and gazebos. GG. Riparian area- an area that is adjacent to a body of water. HH. Stormwater collection system-any conduit,pipe, channel, curb, or gutter for the primary purpose of transporting(not treating)run-off. A stormwater collection system does not include vegetated swales, swales stabilized with armoring or alternative methods where natural topography prevents the use of vegetated swales (subject to case-by-case review),curb outlet systems or pipes used to carry drainage underneath built-upon surfaces that are associated with development controlled by the provisions of 15A NCAC 2H 1003(c)(1). 11. Stream- a body of concentrated flowing water in a natural low area or natural channel on the land surface JJ. Tree- a woody plant with a DBH equal to or exceeding five inches. KK. Waste disposal-the use of waters'for disposal of sewage,industrial waste or other waste after approved treatment. LL.Wetlands-"waters"as defined by G.S. 143-212(6) and are areas that inundated or saturated by an accumulation of surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do generally include swamps,marshes, bogs and similar areas. Wetlands classified as waters of the state are restricted to waters of the United States as defined by 33 CFR 328.3 and 40 CFR 230.3. 5 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 15A 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 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 j 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 Water$ 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 manmade conveyances other than modified natural streams unless constructed for navigation and/or boat access. b) Manmade ponds and lakes that are located outside natural drainage ways. 16 i 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 now 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) Imperviou&surface is added to the riparian buffer in locations where it did not exist previously. (2) An agricultural operation within the riparian buffer is converted to a non-agricultural use. (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,Appendix 1. The location of Zone 1 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 7 that the health of the vegetation in Zone 1 is not compromise. Zone 2 shall begin at the outer edge of Zone 1 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 1 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 manmade conveyances shale 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. . III 18 I 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.B and 3.0 is established adjacent to the new channel I II i Exempt Allowable Allowable P ohibited with Mitigation Driveway crossings of streams and other surface waters subject to this Rule: • Driveway crossings on single family residential lots that X disturb equal to or less than 25 linear feet or 2,500 square I 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.F of this Rule 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 . I I �I �0 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 * Mining activities that are not covered by the Mining Act X OR where new riparian buffers that meet the requirements or Sections 3.13 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' X • Impacts other than perpendicular crossings in Zone 13 Non-electric utility line perpendicular crossings of streams and other surface waters subject to this Rule 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 11 i Exempt Allowable Allowable Pjrohibited with Mitigation Overhead electric utility lines: • Impacts other than perpendicular crossings in Zone 2 X Only3 • Impacts other than perpendicular crossings in Zone 1 "2-3 X • Perpendicular crossings that disturb equal to or less than X 150 linear feet of riparian buffer' • Perpendicular crossings that disturb greater than 150 X linear feet of riparian buffer' Z �I 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. 2 Provided that poles or towers shall not be installed within 10 feet of a water body unless the Division completes a nq practical alternative evaluation. 3 Perpendicular crossings are those that intersect the surface water at an angle between 75°and 105°. II! �2 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 3.13 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 Rule X Railroad crossings-of streams and other surface waters subject to this Rule: • 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 13 i I Exempt Allowable Allowable Pr hibited with Mitigation Removal of previous fill or debris provided that diffuse X I flow is maintained and any vegetation removed is restored j Road impacts other than crossings of streams and other X surface waters subject to this Rule Road crossings of streams and other surface waters subject to this Rule: o i 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 I • 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 j Stormwater management ponds-excluding dry ponds: • New stormwater management ponds provided that a X i riparian buffer that meets the requirements of Sections 3.B and IC is established adjacent to the pond New stormwater management ponds where a riparian X buffer that meets the requirements of Sections 3.13 and IC is NOT established adjacent to the pond Stream restoration X Streambank stabilization X i j i ,I I 14 i 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 X • Temporary roads used for bridge construction or 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 15 i Exempt Allowable Allowable Prlohibited with Mitigation Underground electric utility line perpendicular crossings of streams and other surface waters subject to this Rule:. • Perpendicular crossings that disturb less than or equal to X 40 linear feet of riparian buffer31 • Perpendicular crossings that disturb greater than 40 }{ linear feet of riparian buffer3 a Provided that,in Zone 1,all of the following BMPs for underground utility lines are used. If all of thesle 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, i • 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 floe of stormwater through the buffer. • In wetlands,mats shall be utilized to minimize soil disturbance. I I III, �I II II i . III I II I �6 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 • 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 3.13 and IC is established adjacent to the reservoir • New reservoirs where a riparian buffer that meets the X requirements of Sections 33 and IC is NOT established adjacent to the reservoir Water wells X Wetland restoration X 17 j i I I A. Requirements for Categories of Uses Uses designated as exempt, allowable,allowable with mitigation and prohibited�n 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 j 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.E. 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. 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 4.13 are met. The County call grant an Authorization Certificate upon a"No Practical Alternatives"determination. e procedure for making an Authorization Certificate shall be as follows: 1. For any request for an Authorization Certificate,the County shall review he 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, 18, 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 4.13.1 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. 7. Any disputes over determinations regarding Authorization Certificates shall be referred to NCDENR-Division of Water Quality for a decision. D. 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 Rule, 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 Rule that will make reasonable use of the property possible. (2) The hardship results from application of this Rule to the property rather than from other factors such as deed restrictions or other hardship. 4:19 I (3) The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography, which is diffeent from that of neighboring property. (4) The applicant did not cause the hardship by knowingly or unknowingly violating this Rule. (5) The applicant did not purchase the property after the effective date of this Rule, and then requesting an appeal. (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 otheprs, 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.D.1 by the County pursuant to either G.S. 153A-Article 18, or G.S. 160A- Article 19. The County may attach conditions to the variance approval that support the purpose, spirit and intent of the riparian buffer protection program. Request for appeals made by the County shall be made to the appropriate Boa d of Adjustment under G.S. 160A-388 or G.S. 153A-345. 3. Major Variances: A major variance request pertains to activities that are li proposed to impact any portion of Zone 1 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.D.1,then it shall prepare a preliminary finding and submit it to the Commission. Preliminary findings on major varia ice requests shall be reviewed by the Commission within 90 days after receipt by he Director. Requests for appeals of determinations that the requirements of Section 4.D.1 have not been met shall be made to the Office of Administrative Hearings for determinations made by the Division or the appropriate Board of Adjustments under G.S. 160A-388 or G.S. 153A-345 for determinations made by the delegated local authority. The purpose of the Commission's review is to determine if it agrees that the requirements in Section 4.D.1 have been met. Requests for appeals of decisions made by the Commission shall be made to the Office of Administrative Hearings. The following actions shall be taken depending on the Commission's decision on the major variance request: a) Upon the Commission's approval,the County shall issue a final decision granting the major variance. b) Upon the Commission's approval with conditions or stipulations,tl e 20 III • I County shall issue a final decision,which includes these conditions or stipulations. c) Upon the Commission's denial,the County shall issue a final decision denying the major variance. E. 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.B. 2. Obtain approval for a mitigation proposal pursuant to 15A NCAC 2B .0242. F. 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: 2. Logging decks and sawmill sites shall not be placed in the riparian buffer. 3. Access roads and skid trails shall be prohibited except for temporary and permanent stream crossings established in accordance with 15A NCAC 1I .0203. Temporary stream crossings shall be permanently stabilized after any site disturbing activity is completed. 4. Timber felling shall be directed away from the stream or water body. 5. 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. 6. Individual trees may be treated to maintain or improve their health, form or vigor. 7. 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. 8. Removal of individual trees that are in danger of causing damage to structures or human life shall be allowed. 9. Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover plants to enhance the riparian buffer shall be allowed provided that soil disturbance is minimized. Plantings shall consist primarily of native species. 10. High intensity prescribed burns shall not be allowed. 11. 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. 12. In Zone 1, forest vegetation shall be protected and maintained. Selective 21 I 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. 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 cutl and removed. The reentry time for harvest shall be no j 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 cove 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 rules: 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. Section 6 Nutrient Load Calculations For the purpose of this Ordinance new development shall be defined by as to include the following: I 2� • 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 2. 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 3. 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. 23 I I I!I C. Nutrient Export Reduction Options 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 BMP's specified in Section 4 to reduce nitrogen) export amounts to 3.6 lbs/ac/yr. I (2) Pay a one-time offset payment of$330/lb. This offset li 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 BMP's 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 BMP's 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 II a) If the calculated export is less than 10.0 lbs/ac/yr,then the owner may: (1) Install BMP's specified in Section 4 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 BMP's 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 BMP's 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!i 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 1 year,24 hour storm. I 1. The following are acceptable methodologies for computing the pre- I and post- development conditions for the 1 year, 24 hour storm. 2� a) Rational Method b) Peak Discharge Method as described in the USDA Soil Conservation 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 profession 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 BMP's must be shown as part of the Stormwater Management Plan and accompany the Land-Disturbing Plan submittal. BMP's are to be in accordance with the NC and MD design manuals. 2. All calculations for Nitrogen Export, Peak Run-off Volume, and permanent BMP's 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 25 I I Plan in compliance p ce with the requirements of this Section has been approved. D. Design of Permanent Nitrogen Export Reduction BMP's When a permanent nitrogen export reduction BMP is required for new development to meet the requirements of this Ordinance, a North Carolina registered professional engineer shall prepare the plan with the Engineer's Certification of Stormwater Management as shown in Appendix 3 affixed, signed, sealed and dated. E. Fees The Stormwater Management Plan Review Fee shall be aid at the time of p iI 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 the 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 BMP's The following on-site BMP's 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 26 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 BMP's 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%). The removal 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 BMP's 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 has been met. Surety amounts will be 27 determined by rates set in the Orange County Planning Fee Schedule. Section 10 Annual Maintenance(Appendix 4 will be a,sampe Maintenance A. If BMP's 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 BMP's, a signed and notarized Homeowner's Association Notification(Appendix 5)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 BMP's 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. C. Failure to Pay Fee 28 Failure to pay the Annual Maintenance Inspection Fee will be deemed a violation of the Ordinance. Section 11 Land Use Planning Provisions 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 A. 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. 29 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, 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, m) 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 rion-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: 30 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, 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. 31 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 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. 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 BMP's and illegal discharges to ensure: 32 1. compliance with the Act,this ordinance, or rules or orders adopted or issued pursuant to this ordinance; 2. whether the measures required in the plan are being constructed in accordance with the approved plan; 3. whether the permanent BMP's 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 No person shall will fully resist, delay, or obstruct an authorized representative, employee, or agent of Orange County,while that person is inspecting or attempting to inspect a required on-site BMP. The Erosion Control 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 investigating and inspecting the sites of any required on-site BMP.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 construction or maintenance of any permanent on-site BMP,or removal of any Illegal Discharge has failed to comply with the Act,this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, a notice of violation shall be served upon that person. The notice may be served by any means authorized under G.S. lA-1, rule 4. The notice shall specify a date by which the person must comply with the Act, or this Ordinance or rules,or orders adopted pursuant to this Ordinance, and inform the person of the actions that need to be taken to comply with the Act, this Ordinance, or rules or orders adopted pursuant to this Ordinance. 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. 33 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 Erosion Control 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 rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provisions of an approved Stormwater Management Plan,the Erosion Control 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 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 Erosion Control Officer. The County Commissioners shall conduct a hearing at their next scheduled meeting at which the appellant and the Erosion Control 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.f u-ther work shall take place in violation of a stop work order. Section 16 Penalties A. Civil Penalties 34 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 five thousand dollars ($5,000). 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 Stormwater 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)(1). 2. Demand for Payment of Penalty The Orange County Board of Commissioners shall notify the person who is 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 21 C 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 of 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. 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 not to exceed $5,000, or by both, at the 35 discretion of the court. Section 17 Injunctive Relief A. Civil Action in Superior Court Whenever the governing body of the Town or 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 town or 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 action for injunctive relief under this section shall not relieve any party 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. 36 Appendices to the Orange County Neuse River Basin Stormwater Management . Ordinance Appendix 1 Method 1 for Quantifying TN Export from Residential Developments when Building and Driveway Footprints are Not Shown Step 1:. Determine area for each type of land use and enter in Column (2)• Step 2: Total the areas for each type of land use and enter at the bottom of Column(2). Step 3: Determine the TN export coefficient associated with right-of-way using Graph 1. Step 4: Determine the TN export coefficient associated with lots using Graph 2. Step 5: Multiply the areas in Column(2)by the TN export coefficients in Column(3) and enter in Column(4). Step 6: Total the TN exports for each type of land use and enter at the bottom of Column(4). Step 7: Determine the export coefficient for site by dividing the total TN export from uses at the bottom of Column(4) by the total area at the bottom of Column(2). (�) (2) (3) (4) Type of Land Cover Area TN export TN export from coeff. use (acres) (Ibs/ac/yr) (Ibs/yr) Permanently protected undisturbed 0.6 open space (forest, unmown meadow) Permanently protected managed 1.2 open space (grass, landscaping, etc.) Right-of-way (read TN export from Graph 1) Lots (read TN export from Graph 2) TOTAL 1 Graph 1: Total Nitrogen Export from Right-of-Way 25.0 20.0 L V R 15.0 .E- t! CL 10.0 X w z F- 5.0 0.0 0% 20% 40% 60% 80% 100% 120% Percentage of Right-of-Way that is Pavement 2 Graph 2: Total Nitrogen Export from Lots Total Nitrogen Export from Lots 12.00 10.00 8.00 �o N a 6.00 O Q. X W Z }' 4.00 2.00 0.00 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 Number of Dwelling Units per Acre 3 8. This Agreement imposes no liability of any kind whatsoever on the County and the Landowner agrees to hold the County harmless from any liability in the event the stormwater management/BMP facilities fail to operate properly. 9. This Agreement shall be recorded among the land records of Orange County,North Carolina, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns,heirs and any other successors in interests, including any homeowners association. WITNESS the following signatures and seals: Company/Corporation/Partnership Name(Seal) By: (Type Name) (Type Title) STATE OF COUNTY OF The foregoing Agreement was acknowledged before me this day of ' 19 by NOTARY PUBLIC My Commission Expires: 8 COUNTY OF ORANGE,NORTH CAROLINA By: (Type Name) (Type Title) STATE OF COUNTY OF Approved as to Form: County Attorney Date 9 Stormwater Regulations Apply to: Single-Family or Duplex Multi-Family Residence, Residence, and Commercial, Industrial Recreational Facility and Institutional Greater than 1 acre Greater than 1/2 land disturbed to acre land disturbed establish, expand or to establish, expand, modify or modify Stormwater Regulations , Do Not Apply to : Agriculture Mining "Forestry ryl Commissioner Jacobs asked for a definition of a type 'T buffer. Craig Benedict said that this would be a 100-foot buffer with a small amount of vegetation. Commissioner Jacobs would like more of an elaboration on the buffer types in the future. Commissioner Jacobs asked about the cul-de-sac and whether this leaves the possibility of extending to the property line from the cul-de-sac toward Whitfield Road. Craig Benedict said that the properties to the north of the project were developed and there would be no need for a stub- out to the north from this project. A motion was made by Chair Carey, seconded by Commissioner Brown to table this item to the next meeting. VOTE: UNANIMOUS Staff will contact the County Commissioners to be sure all questions are answered before the next meeting. m. Orange County Stormwater Pro-gram for Lands within Neuse River Basin The Board considered an ordinance designed to improve water quality in the Neuse River basin and to comply with N.C. Administrative Code Section 15A NCAC 28.0235. Commissioner Brown asked what this program meant. Craig Benedict explained that North Carolina passed rules two years ago that every county and local jurisdiction would have to develop their own rules that would handle any properties within the Neuse River Basin, which starts in Orange County and goes to the coast. There are two parts of the program - rules that have to do with subdivisions, and rules that have to do with farms. The Planning and Inspections Department will only be handling the rules that deal with subdivisions. The rules that have to do with farms are handled by state agencies. He said that the staff has taken the state's model ordinance, made some minor modifications to fit Orange County's profile, and tonight's action would be to transmit this ordinance to the state for their review over the next two months. The state will send some comments back to see if it conforms to their model. The Commissioners will be able to examine the ordinance and then a formal ordinance will be passed. A motion was made by Commissioner Brown, seconded by Commissioner Jacobs to adopt an ordinance designed to improve water quality in the Neuse River basin and to comply with N. C. Administrative Code Section 15A NCAC 213.0235. Commissioner Gordon asked if this ordinance would affect the land use planning. Craig Benedict said that this ordinance would strengthen and support all stream buffer requirements. VOTE: UNANIMOUS o. Acceptance of Buy Recycled Grant The Board considered a formal grant in the amount of$4,500 from the N.C. Division of Pollution Prevention and Environmental Assistance to promote the use and purchase of goods with recycled content by local governments and other public agencies. Commissioner Jacobs asked if this was an educational effort. It was answered that one part of the grant would be educational and the other aspect would be some policies about buying recycled products. Commissioner Jacobs suggested including Mebane, the Animal Protection Society and other organizations that are heavily funded by the County including the Research Triangle Regional Partnership. He suggested asking staff to come back with a proposed resolution by the Board to make it a formal policy to buy only recycled products. This will be brought back on August 30th. Commissioner Halkiotis said that he feels that a discussion between entities on bulk purchasing needs to take place to reduce the cost of recycled products. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to accept a grant in the amount of$4,500 from the N. C. Division of Pollution Prevention and Environmental Assistance to promote the use and purchase of goods with recycled content by local governments and other public agencies. VOTE: UNANIMOUS 9. ITEMS FOR DECISION - REGULAR AGENDA