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HomeMy WebLinkAboutORC agenda 110718 ORANGE COUNTY PLANNING DEPARTMENT 131 W. MARGARET LANE, SUITE 201 HILLSBOROUGH, NORTH CAROLINA 27278 AGENDA ORANGE COUNTY PLANNING BOARD NOTE CHANGE FROM USUAL LOCATION!! WHITTED BUILDING 300 WEST TRYON STREET, 2ND FLOOR HILLSBOROUGH, NORTH CAROLINA 27278 Wednesday, November 7, 2018 Ordinance Review Committee Meeting – ~ 7:30 pm (immediately following the regular Planning Board meeting) Note: This is a meeting of the Ordinance Review Committee (ORC) for Planning Board members who would like to review and comment on proposed amendments before the items are formally considered by the Planning Board. Attendance is not mandatory and a quorum is not necessary for meetings of the ORC. No. Page(s) Agenda Item 1. CALL TO ORDER 2.  UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS STORMWATER REGULATIONS- To review and discuss proposed amendments to the UDO regarding stormwater regulations, in response to changes in State laws. Presenter: Michael Harvey, Current Planning Supervisor 3. ADJOURNMENT 1 ORANGE COUNTY PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT Meeting Date: November 7, 2018 Action Agenda Item No.  SUBJECT: Unified Development Ordinance (UDO) Text Amendments – Enforcement of Nutrient Standards within the Jordan Lake Watershed DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Draft UDO Amendment(s) 2. Watershed Map Michael D. Harvey, Planner III (919) 245-2597 Craig Benedict, Director (919) 245-2575 PURPOSE: To review and comment upon Planning Director initiated Unified Development Ordinance (UDO) text amendments eliminating existing regulations associated with the enforcement of nutrient/water quality regulations within the Jordan Lake Watershed as well as updating existing references to State agencies and regulations consistent with State law. BACKGROUND: Orange County’s UDO currently regulates erosion & sedimentation control for non-farm land disturbing activities, as well as stormwater runoff, from new development under the general oversight of the North Carolina Department of Environmental Quality (DEQ). Part of these regulations include the enforcement of what is commonly referred to as the ‘Jordan Lake Rules’, which are nutrient reduction strategies designed to address/restore water quality in Jordan Lake by reducing the amount of pollution (nutrients) entering upstream. These rules became effective on August 11, 2009. Orange County adopted amendments into the UDO in 2012 incorporating said standards consistent with applicable State timelines. In 2017 the State chose to delay the implementation/enforcement of nutrient/water quality regulations for parcels within the Jordan Lake Watershed to allow for additional study. This proposed text amendment seeks to bring the County’s UDO into alignment with current DEQ regulatory requirements related to the Jordan Lake Rules as we no longer have the authority to enforce the proposed, yet delayed, higher standard(s). Attachment 1 contains the draft UDO text amendment intended to address this matter. Attachment 2 contains a map denoting the watershed areas in the County. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Existing staff, included in the Departmental staffing budget, will accomplish the work required to process this amendment. RECOMMENDATION(S): The Planning Director recommends the Planning Board receive the amendment package and provide feedback on the proposed amendment(s). 2 Article 1: Administration Section 1.1: General Provisions Orange County, North Carolina – Unified Development Ordinance Page 1-3 1.1.6 Applicability and Jurisdiction Except as otherwise expressly stated, this Ordinance applies to all development, public or private, within the unincorporated area of Orange County or outside of existing municipal extra-territorial jurisdictional boundaries, or established Joint Planning Areas, approved by the County Board of Commissioners, to the extent allowed by law. 1.1.7 Conformance with Adopted Plans (A) The provisions of this Ordinance, and any proposed amendment thereto, shall be consistent with the goals and policies included in the Orange County Comprehensive Plan and/or any specialized study approved by the Orange County Board of Commissioners relating to land use development within the County’s planning jurisdiction. (B) The enforcement, interpretation, and application of the standards contained herein shall be consistent with the goals and policies of the Comprehensive Plan and shall not create a situation that is inconsistent with the goals and policies contained therein. 1.1.8 Regulation of Farming and Bona Fide Farm Activities The provisions of this Ordinance which are adopted under Chapter 153A, Article 18, Part 3 do not apply to property used for bona fide farm purposes, as defined within North Carolina General Statutes, except as follows: (A) Any non-farm use of farm property, (B) Compliance with all regulations required to be imposed by the Federal Emergency Management Agency (FEMA) through the National Flood Insurance Program including all applicable Flood Insurance Rate Maps (FIRM), and (C) Compliance with the Orange County flood damage prevention regulations as detailed within this Ordinance. 1.1.9 Relationship with Other Laws, Covenant, or Deed Restrictions (A) If the provisions of this Ordinance are inconsistent with those of state and/or federal law, the more restrictive provision governs, to the extent permitted by law. The more restrictive provision is the one that imposes greater restrictions or more stringent controls. (B) If the provisions of this Ordinance are inconsistent or conflict with provisions found in other adopted ordinances or regulations of the County, the more restrictive provision governs. The more restrictive provision is the one that imposes greater restrictions or more stringent controls. (C) In accordance with this Ordinance, a property owner may be required to record deed restrictions, covenants, or other legal documentation outlining development limitations or imposing regulatory standards on the perpetual development and/or use of property. While the County may require such legal documents to be recorded as part of the normal development review process, the County has no enforcement authority over private covenants or deed restrictions that are not based on development limitations imposed by this Ordinance. This Ordinance is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. Orange County does not enforce private agreements. (D) Town of Chapel Hill Land Development Standards: The regulations governing the use of land and structures as contained in the Town of Chapel Hill Land Development Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Chapel Hill Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. 3 Article 1: Administration Section 1.1: General Provisions Orange County, North Carolina – Unified Development Ordinance Page 1-4 (E) Town of Carrboro Land Development Standards: The regulations governing the use of land and structures as contained in the Town of Carrboro Land Use Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Carrboro Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. (F) The Jordan Water Supply Nutrient Strategy Rules and riparian buffer protection rules (Jordan Lake Rules) of 15A NCAC 02B .0265, .0267 and .0268, Section 3.(d) of Session Law 2009-216, and Section 6.(g) of Session Law 2009-216, found in Section 7.(b) of Session Law 2009-484 1apply to all lands within the Jordan Lake Watershed portion of Orange County. Wherever standards of the Jordan Lake Rules and the standards listed in this ordinance differ, the more restrictive provisions shall apply. (G) The Neuse River Basin Nutrient Sensitive Waters Management Strategy rules and the riparian buffer protection rules (Neuse Rules) of 15ANCAC 02B .0235, .0240, .0233, .0241, and .0242 apply to all lands within the Neuse River Basin portion of Orange County. Wherever standards of the Neuse Rules and the standards listed in this ordinance differ, the more restrictive provisions shall apply. (H) The Falls Reservoir Water Supply Nutrient Strategy: Stormwater Management for New Development Rule of 15A NCAC 02B .0277 applies to all lands within the Falls Lake Watershed portion of Orange County, except where standards in this Ordinance are more restrictive. (I) The Jordan Water Supply Nutrient Strategy: Stormwater Management for New Development Rule of 15A NCAC 02B .0265 applies to all lands within the Jordan Lake Watershed portion of Orange County, except where standards in this Ordinance are more restrictive.2 1.1.10 Coordination with Other Regulations All references contained within the Ordinance to other municipal, county, state, or federal regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply that the county is responsible for enforcing municipal, state, or federal regulations. 1.1.11 Delegation of Authority Provisions of this Ordinance requiring an officer, employee, board or commission to perform an act or duty, shall be interpreted as authorizing the referenced officer, employee, board or commission to delegate that responsibility to others over whom they have authority. 1.1.12 Headings and Illustrations Headings and illustrations contained herein are provided for convenience and reference only and do not define or limit the scope of any provision of this Ordinance. In case of any difference of meaning or implication between the text of this Ordinance and any heading, drawing, table, figure, or illustration, the text controls. 1 In 2009 the State of North Carolina enacted nutrient regulations within the Jordan Lake River Basin.  The purpose  of these regulations was to require nutrient reduction (i.e. phosphorous and nitrogen) as part of development  projects requiring a stormwater permit.  Ultimately the program was designed to address the impairment of  Jordan Lake.  Session Law 2016‐94, adopted on July 14, 2016, delayed the implementation of these nutrient  reduction standards for parcels within the Jordan Lake River Basin to allow State staff to study the issue in greater  detail.  As a result staff is amending the UDO to eliminate references to our ability to enforce said standards.  2 Specific language removed due to the delay in the authorization to implement and enforce nutrient regulations  within the Jordan Lake River Basin.  4 Article 6: Development Standards Section 6.14: Stormwater Management Orange County, North Carolina – Unified Development Ordinance Page 6-95 (9) New stormwater management ponds, with or without a riparian buffer established adjacent to the pond. (10) Vegetation Management that includes the installation of new vegetation and a one-time application of fertilizer to re-establish the vegetation. (11) Vegetation Management / Replanting in an effort to protect existing structures. 6.13.7 Diffuse Flow Requirement (A) Diffuse flow of runoff shall be maintained in the stream buffer by dispersing concentrated flow and re-establishing vegetation. (B) Concentrated runoff from new ditches or constructed conveyances shall be converted to diffuse flow before the runoff enters the stream buffer. (C) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies. 6.13.8 Land Disturbance and Planting of Vegetation (A) Area within a stream buffer which is subject to serious erosion may be disturbed for the purpose of planting and maintaining erosion-resistant vegetative cover. (B) Existing forested areas or any other healthy vegetation may not be removed from a stream buffer, except where replaced with vegetation resulting in comparable stormwater runoff velocity and quantity one year after planting. (C) New vegetation shall be planted to capture non-source pollutants before they reach the perennial stream, as per applicable Orange County Standards. SECTION 6.14: STORMWATER MANAGEMENT 6.14.1 Introduction As a watershed becomes more developed, the amount of impervious surface increases, causing a decrease in the rate at which stormwater runoff which can be absorbed into the soil. This results in more stormwater flowing directly into streams and other water bodies. Because this direct runoff has not been filtered through the soil, pollutants from the air and land surface enter streams and increase the potential for pollution of drinking water supplies. 6.14.2 Purpose The purpose of the Board of County Commissioners in adopting stormwater regulations is to protect the water quality of the streams that lie within Orange County by reducing and controlling stormwater runoff and addressing nutrient reductions for both new and existing development. 6.14.3 Jurisdiction-Wide and Inter-Local Approaches (A) Orange County shall have the option of implementing jurisdiction-wide and/or inter-local approaches to control stormwater runoff and achieve nutrient reductions. (B) Any jurisdiction-wide and/or inter-local approaches must be approved by the Orange County Board of Commissioners, and the Environmental Management Commission before implementation. 6.14.4 General Methods The following general approaches shall be utilized to minimize the effects of stormwater pollution on drinking water supplies in Orange County: (A) Non-Structural Stormwater Control 5 Article 6: Development Standards Section 6.14: Stormwater Management Orange County, North Carolina – Unified Development Ordinance Page 6-96 (1) The stormwater run-off generated by one inch of rain from all project area surfaces shall be controlled to the extent possible through on-site infiltration and through the use of methods which rely on natural soil properties for absorption and treatment. (2) Run-off from roads, parking lots, and/or sidewalks shall be directed to undisturbed areas through use of berms, grassed diversion ditches or swales, or other acceptable means to reduce run-off velocity and filter out pollutants. (3) Impervious Surface Limits (a) In order to promote infiltration of stormwater runoff into the soil and minimize direct and immediate runoff into streams and water supply impoundments, the maximum percentage of the total lot area which may be covered with an impervious surface shall be specified. This limit is referred to as the "impervious surface ratio". (b) Impervious surface calculations for an individual development shall be cumulative for original construction and any subsequent additions. One- half of the width of any of any existing or proposed road adjacent to an individual lot shall be included as impervious surface for that lot, except in the case where an existing road was contained within a dedicated public right-of-way at the time that the watershed regulations were first applied to the watershed within which the development is located. (4) Infiltration Techniques (a) The benefits of infiltration techniques include: (i) Removal of both suspended and dissolved pollutants, (ii) They require less maintenance, (iii) They reduce flooding, (iv) They promote groundwater recharge, and (v) They help maintain stream flow during dry periods. (b) Where on-site infiltration methods are utilized, areas for such purposes shall be designated on the plat and shall remain undisturbed both during and after construction. (c) Undisturbed areas for infiltration of run-off shall also be located downslope from impervious surfaces and shall not include areas characterized by floodplains, highly erodible or impervious soils, steep slopes or previously disturbed areas. (d) Areas designated as suitable for septic tank nitrification fields may not be used for stormwater infiltration purposes. (B) Structural Stormwater Measures (1) In cases where non-structural methods may not adequately control the runoff from the first inch of rain due to the amount of impervious surface proposed to be developed, and other factors such as soil type, slope, presence of floodplains and erodible soils, and/or lack of vegetative cover, structural stormwater measures, which capture stormwater for slow release through an outlet, are required. (2) Where required, structural stormwater measures shall be constructed in accordance with this Section. (C) Impervious Surface and Detention Pond Requirements 6 Article 6: Development Standards Section 6.14: Stormwater Management Orange County, North Carolina – Unified Development Ordinance Page 6-97 (1) For all protected watersheds, an absolute limit on the percentage of lot area which can be covered with impervious surfaces has been established. See Section(s) 4.2.5 and 4.2.6 of this Ordinance. (2) In some cases, structural stormwater measures are required when the proposed impervious surface ratio exceeds a specified percentage, which is below the absolute limit. 6.14.5 Applicability (A) The stormwater standards and regulations included herein are applicable to all new development within the Orange County planning jurisdiction, including private, public, state, and federal development not covered by a separate NPDES permit, as follows: (1) Falls Lake Watershed (a) Any activity that cumulatively disturbs greater than one-half acre of land in order to establish, expand or modify a single family or duplex residential development or a recreational facility. (b) Any activity that cumulatively disturbs greater than 12,000 square feet of land in order to establish, expand, or modify a multifamily residential development or a commercial, industrial or institutional facility. (c) New development that disturbs less than the above thresholds are exempt unless the new development is part of a larger common plan of development or sale and the larger common plan exceeds the above thresholds, even though multiple, separate or distinct activities take place at different times on different schedules. (2) Jordan Lake Watershed (a) Any activity that cumulatively disturbs greater than one acre of land in order to establish, expand or modify a single family or duplex residential development or a recreational facility. (b) Any activity that cumulatively disturbs greater than one-half an acre of land in order to establish, expand, or modify a multifamily residential development or a commercial, industrial or institutional facility. (c) New development that disturbs less than the above thresholds are exempt unless the new development is part of a larger common plan of development or sale and the larger common plan exceeds the above thresholds, even though multiple, separate or distinct activities take place at different times on different schedules. (B) New development shall not include agriculture, mining, or forestry activities, as defined by North Carolina General Statutes. 6.14.6 Review Criteria (A) New development within the Orange County planning jurisdiction must comply with the following New Development: (1) Riparian areas must be protected and maintained in compliance with this Ordinance, (2) Nutrient load contribution must meet the standards listed in Section 6.14.7 as required by the North Carolina Division of Water Quality (NC DWQ)Department of Environmental Quality (NCDEQ), 3 3 Changed to reflect the renaming/rebranding of NC DWQ to the North Carolina Department of Environmental  Quality (NCDEQ).  7 Article 6: Development Standards Section 6.14: Stormwater Management Orange County, North Carolina – Unified Development Ordinance Page 6-98 (3) No net increase in peak flow leaving the site from the predevelopment conditions for the 1-year, 24-hour storm, 4 (4)(3) Stormwater systems shall be designed to control and treat, at a minimum, the stormwater runoff generated by one inch of rainfall from all project area surfaces. The treatment volume shall be drawn down pursuant to standards specific to each practice as determined by the current version of the NC DWQ DEQ stormwater design manual. (5)(4) New development that would exceed the nutrient loading rates set out in subsection (A)(2) aboveherein, shall include engineered stormwater controls designed to have a minimum of 85% average annual removal for Total Suspended Solids (TSS) a Primary and/or Secondary Stormwater Control Measure (SCM) per NCDEQ requirements.5 (6)(5) Proposed new development may satisfy the review criteria standards of this section by meeting the post-development hydrologic criteria set out in in the most recent version of the North Carolina Low Impact Development Guidebook. (B) Additional Standards – Falls Lake Watershed (1) In addition to the standards contained in Section 6.14.6 (A) of the UDO, development shall observe a no net increase in peak flow leaving the site from predevelopment conditions for the 1 year, 24 hours, storm.6 (C) Additional Standards – Jordan Lake Watershed (1) In addition to the standards contained in Section 6.14.6 (A) of the UDO, development shall abide by 15 A NCAC 02H.1002 (44). 7 6.14.7 Nutrient Load (A) Nitrogen and phosphorus loads contributed by proposed new development shall not exceed the following unit-area mass loading rates: (1) Falls Lake Watershed (a) Nitrogen, 2.2 pounds per acre per year (b) Phosphorus, 0.33 pounds per acre per year (2) Jordan Lake Watershed8 (a) Upper New Hope Creek Arm (i) Nitrogen, 2.2 pounds per acre per year (ii) Phosphorus, 0.82 pounds per acre per year (b) Haw River Arm 4 Given recent changes in State law, this provision is only applicable in the Falls Lake Watershed.  Existing language  is being moved to ensure consistency with applicable State standards.  5 Change in language to reflect regulatory changes as codified in NC Administrative Code (NCAC) 15A NCAC 02H  .1002 (37) and 15A NCAC 02H .1002 (46).  6 This language is currently contained in Section 6.14.6 (A)(3) of the UDO.  As a result of recent changes in State law  it now only has applicability for parcels located within the Falls Lake Watershed.  The proposed amendment is  intended to address this change.  7 This is commonly referred to as the ‘10% Rule’ which allows for a 10% of less increase in peak stormwater runoff  between pre and post development conditions for a parcel.  Staff is recommending a specific reference to the  applicable portion of the NCAC as part of this revision.  8 As previously indicated in order to ensure consistency with State standards, staff is recommending the  elimination of existing regulations designed to address water quality/nutrient reduction within the Jordan Lake  Watershed.  Staff can only address these issues within the Falls Lake Watershed based on current State law.  8 Article 6: Development Standards Section 6.14: Stormwater Management Orange County, North Carolina – Unified Development Ordinance Page 6-99 (i) Nitrogen, 3.8 pounds per acre per year (ii) Phosphorus, 1.43 pounds per acre per year (B) The nutrient export from each new development shall be calculated in pounds per acre per year (using the approved accounting tool) in accordance with the methodologies approved by the NC DWQDEQ. (C) If a proposed development subject to nutrient load requirements contributes nutrients greater than the standards listed above, the developer may install structural stormwater BMPs stormwater control measures (SCMs) 9 to meet the required nutrient load standards or do a combination of BMPs SCMs and offset payments to achieve the standard. (D) Offset Payments (1) Offset fees may be permitted to meet the nutrient export levels set for new development. In order to utilize offset fees, the proposed new development subject to the nutrient load standards must attain nitrogen and phosphorus loading rate reductions on-site that meet the following criteria prior to using an offsite offset measure: (a) Falls Lake Watershed (i) 30% or more reduction in both nitrogen and phosphorus loading from the untreated conditions for any single-family, detached and duplex residential development disturbing one half acre but less than one acre; (ii) 50% or more reduction in both nitrogen and phosphorus loading from the untreated conditions for any single-family, detached and duplex residential development disturbing more than one acre; (iii) 30% or more reduction in both nitrogen and phosphorus loading from the untreated condition for other development, including multi-family residential, commercial and industrial development disturbing 12,000 square feet but less than one acre; (iv) 50% or more reduction in both nitrogen and phosphorus loading from the untreated condition for other development, including multi-family residential, commercial and industrial development disturbing more than one acre; (v) 30% or more reduction in both nitrogen and phosphorus loading from the untreated condition for proposed redevelopment activities in a designated downtown area that would replace or expand structures or improvements that existed as of December 2006. (b) Jordan Lake Watershed (i) Six pounds per acre per year nitrogen for single-family, detached and duplex residential development. (ii) Ten pounds per acre per year nitrogen for other development including commercial, industrial, and multi-family residential. (2) Offset fees may be paid to the North Carolina Ecosystem Enhancement Program (NCEEP), approved private mitigation bank, or other mitigation option as approved by the NC DWQ DEQ and Orange County. It is the policy of NC DWQ DEQand Orange County, as well as a requirement in certain watersheds, that offset payment funds be utilized where they are generated to the maximum 9 Nomenclature change to ensure consistency with State law.  9 Article 6: Development Standards Section 6.14: Stormwater Management Orange County, North Carolina – Unified Development Ordinance Page 6-100 extent possible. (3) Offset payment fees and calculation methods are determined by the NCDWQ as approved by the North Carolina Environmental Management Commission (EMC). The total amount of offset payment will be determined based on current NC DWQ policy and regulation on a case by case basis. (E) Permanent Nutrient Export Reduction Best Management Practices (1) Allowable on-site structural stormwater BMPs for nutrient reduction shall include those listed in the current NC DWQ DEQ Stormwater Best Management Practices Manual (Stormwater BMP Manual)Design Manual (Minimum Design Criteria) or others approved on a case by case basis.10 (2) Design, maintenance and operation of stormwater BMPs SCMs shall follow standards provided in the Stormwater BMP Design Manual. (3) Deviations from these standards may be allowed as approved on a case by case basis. (F) Total Nutrient Removal Rates Total nutrient removal rates of stormwater BMPsSCMs, and as well as BMPs SCMs in a series, will be calculated pursuant to the approved accounting tool. 6.14.8 Peak Runoff Volume (A) StandardStandards for Falls Lake Watershed 11 (1) For all new development, there shall be no net increase in peak flow leaving the site from the predevelopment conditions for the 1 year, 24 hour storm. (B) Standards for Jordan Lake Watershed (B)(1) For all new development there shall be no net increase greater than 10% in peak flow leaving the site from the predevelopment conditions consistent with 15 A NCAC 02H.1002 (44) and the NCDEQ Stormwater Design Manual.. (C) Calculating Peak Runoff Volume (1) The following are acceptable methodologies for computing the pre- and post- development conditions for the 1 year, 24 hour storm: (a) Rational Method, (b) Peak Discharge Method as described in the USDA Soil Conservation Service’s Technical Release Number 55 (TR-55), (c) Alternative methods must be approved by the County. (2) The same method must be used for both the pre- and post- development conditions. 6.14.9 Stormwater Management Plan (A) Required Approval The Erosion Control Officer shall not issue any permits for new development on any land within Orange County subject to the provisions of this Section, unless and until a 10 Modification of existing language to ensure consistency with new stormwater rules (15A NCAC 02H) which went  into effect on January 1, 2017.  11 Clarification of existing language to reference peak runoff requirements are only enforceable within the Falls  Lake Watershed.  Development of property within the Jordan Lake Watershed is required to abide by 15 A NCAC  02H.1002 (44) as previously indicated.  10 Article 6: Development Standards Section 6.14: Stormwater Management Orange County, North Carolina – Unified Development Ordinance Page 6-101 Stormwater Management Plan has been reviewed and approved in accordance with Section 2.21.1 of this Ordinance. (B) Compliance with Requirements Any person engaged in new development activities as defined by this Section who fails to file a plan in accordance with this Ordinance, or who conducts any new development except in accordance with provisions of an approved Stormwater Management plan shall be deemed in violation of this Ordinance. (C) Enforceable Restriction Approval of the Stormwater Management plan shall require an enforceable restriction on property usage that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved Stormwater Management plan. 6.14.10 Operation and Maintenance of Structural Stormwater Measures (A) Posting of Financial Security All stormwater control structures shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs or reconstruction necessary for adequate performance. Financial assurance shall be in the form of one of the following: (1) Security for Construction of Required Improvements (a) The permit applicant shall provide one of the following as surety for the completion of required improvements: (i) A performance bond from a surety bonding company authorized to do business in North Carolina, (ii) An irrevocable letter of credit or other instrument readily convertible into cash at face value payable to Orange County or (iii) Cash placed in escrow with a financial institution designated as an official depository of Orange County. (b) The bond or other instrument shall be in an amount equal to 1.25 times the total cost of the stormwater control structure, as estimated by the applicant and approved by the County Engineer. (i) Total Cost a. The total cost of the stormwater control structure shall include the following: i. The value of all materials such as piping and other structures; ii. Seeding and soil stabilization; iii. Design and engineering; and, iv. Grading, excavation, fill, etc. b. The costs of the stormwater control structure shall not be prorated as part of a larger project, but shall be costed as a separate project. (c) Failure to Perform (i) Upon default of the permit applicant to complete and/or maintain the stormwater control structure as spelled out in the performance bond or other security, the County may obtain and use all or any portion of the funds necessary to complete the improvements based on an engineering estimate. 11 Article 6: Development Standards Section 6.14: Stormwater Management Orange County, North Carolina – Unified Development Ordinance Page 6-102 (ii) The Board shall return any funds not spent in completing the improvements to the owning entity. (2) Security for Maintenance of Required Improvements (a) The permit applicant shall deposit with Orange County either cash or other instrument approved by the County Attorney that is readily convertible into cash at face value. (b) The cash or security shall be in an amount equal to 15% of the total cost of the stormwater control structure or the estimated cost of maintaining the stormwater control structure over a ten year period, whichever is greater. (i) Estimated Maintenance Costs a. The estimated cost of maintaining the stormwater structure shall be consistent with the approved operation and maintenance plan or manual provided by the developer under Section 6.14.10(B)(2). b. The amount shall be computed by estimating the maintenance cost for 25 years and multiplying this amount by two-fifths or 0.4. (c) Failure to Perform (i) Upon default of the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the Operation and Maintenance Agreement, the County shall obtain and use all or any portion of the cash security to make necessary improvements based on an engineering estimate. (ii) Such expenditures of funds shall only be made after exhausting all other reasonable remedies seeking the owning entity to comply with the terms and conditions of the Operations and Maintenance Agreement. (iii) The County shall not return any of the deposited cash funds. (B) Maintenance and Upkeep (1) Operation and Maintenance Agreement (a) The permit applicant shall enter into a binding Operation and Maintenance Agreement between Orange County and all interests in the development. (b) The agreement must include the following: (i) Name and address of the person or organization financially responsible for paying the annual inspection fee; (ii) Name(s) and address(es) of all parties to whom a copy of the annual inspection report should go; (iii) Name and address of the person or organization financially responsible for all maintenance specified in the annual inspection report; and (iv) Emergency contact information. (c) The Agreement shall require the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the operation and management plan or manual prepared by the developer. 12 Article 6: Development Standards Section 6.14: Stormwater Management Orange County, North Carolina – Unified Development Ordinance Page 6-103 (d) The Operations and Maintenance Agreement shall be signed and notarized and filed with the Orange County Register of Deeds. (e) In residential subdivisions where a Homeowner’s Association will be assuming responsibility for all permanent structural stormwater measures, a signed and notarized Homeowner’s Association Notification will be required, and a revised maintenance agreement must be submitted. This must be given to the Orange County Planning Department before the Land Disturbing Permit may be closed, and any construction bond held on the permanent structural stormwater measures may be released. (f) The owner of each stormwater BMPSCM, whether engineered stormwater control or non-engineered stormwater control, shall maintain it so as not to create or result in a nuisance condition. (g) Every engineered stormwater control installed pursuant to this Ordinance shall be made accessible for adequate maintenance and repair by a maintenance easement. The easement shall be recorded and its terms shall specify who make use of the easement and for what purposes. (h) The owner of each engineered stormwater control shall keep records of inspections, maintenances, and repairs and shall submit the same upon reasonable request to the Erosion Control Officer. (2) Operation and Maintenance Plan (a) An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure, indicating the following: (i) What operation and maintenance actions are needed, (ii) What specific quantitative criteria will be used for determining when those actions are to be taken, and (iii) Who is responsible for those actions, consistent with the Operations and Maintenance Agreement. (b) The standard maintenance plan shall specifically address, but is not limited to: (i) Any mowing of permanent vegetation, (ii) Any removal of bushes and trees from the dam of a wet detention pond, (iii) Reseeding of any eroding areas of the wet detention ponds, open channel practices, riparian buffers, and vegetated filter strips, (iv) Replacing of impaired vegetation in a constructed wetlands or riparian buffer, (v) Removal of debris from the ‘trash rack’ on any wet detention pond or sand filter, and (vi) Repair of any damage to structural aspects of wet detention ponds, constructed wetlands, level spreaders, and sand filters. (c) The Plan shall clearly indicate the steps that will be taken for restoring a stormwater control structure to its design specifications if a failure occurs. (3) Landscaping and Grounds Maintenance (a) Landscaping and grounds maintenance shall be the responsibility of the owning entity. 13 Article 6: Development Standards Section 6.14: Stormwater Management Orange County, North Carolina – Unified Development Ordinance Page 6-104 (b) Vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened, or to the extent of interfering with any easement or access to the stormwater structure. (4) Repair or Reconstruction (a) Except for general landscaping and grounds maintenance, the owning entity shall notify the County prior to any repair or reconstruction of the stormwater structure. (b) After notification by the owning entity, the Erosion Control Officer shall inform the owning entity of any required additions, changes or modifications and of the time period to complete said improvements. (c) All improvements shall be made consistent with the approved plans and specifications of the stormwater control structure and the operations and maintenance plan or manual. (C) Inspections and Release of Sureties (1) County Inspection and Review (a) The stormwater control structure shall be inspected by the Erosion Control Officer, after the owning entity notifies him/her that all work has been completed. At this inspection, the owning entity shall provide: (i) The signed deed, related easements and survey plat for the stormwater control structure ready for filing with the Orange County Register of Deeds; and (ii) A certification sealed by an engineer or landscape architect (to the extent that the General Statute, Chapter 89A, allow) stating that the detention pond is complete and consistent with the plans and specifications. (b) If the project passes inspection and the Erosion Control Officer accepts the certification, deed and easements, he/she shall file the deed and easements with the Orange County Register of Deeds, release up to 75% of the value of the performance bond or other security and issue a Watershed Protection Compliance Permit for the stormwater control structure. (c) If deficiencies are found, the Erosion Control Officer shall direct that the necessary improvements be made and/or documents corrected and resubmitted for approval. Upon completion, the improvements shall be re-inspected. (2) Watershed Protection Compliance Permit Required Prior to Occupancy No Building Permit or Certificate of Occupancy may be issued in the absence of a valid Watershed Protection Compliance Permit. (3) Release of Remaining Security (a) No sooner than one year after the filing date of the deed, easements and maintenance agreement, the developer may petition the Board of County Commissioners to release the remaining value of the performance bond or other security. (b) Upon receipt of said petition, the Erosion Control Officer shall inspect the stormwater control structure to determine whether the controls are performing as designed and intended. (c) The Erosion Control Officer shall present the petition, inspection report and recommendations to the Board of County Commissioners. 14 Article 6: Development Standards Section 6.14: Stormwater Management Orange County, North Carolina – Unified Development Ordinance Page 6-105 (d) Board of County Commissioners Review (i) If the Board of County Commissioners approves the report and accepts the petition, the developer shall deposit with Orange County a cash amount equal to that described in Section 6.14.10(C)(5), after which, the Board of County Commissioners shall release the performance bond or other security. (ii) If the Board of County Commissioners does not accept the report and rejects the petition, it shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release of the performance bond or other security. (4) Annual Inspection Required (a) All stormwater structures shall be inspected by the owning entity at least on an annual basis to determine whether the controls are performing as designed and intended. (b) Records of inspections shall be submitted annually to the Erosion Control Officer on forms approved by Orange County. (c) Annual inspections shall begin within one year of the filing date of the deed for the stormwater control structure. (d) The Erosion Control Officer will inspect each stormwater BMP SCM approved pursuant to these rules approximately every five years. In the event the Erosion Control Officer discovers the need for corrective action of improvements, he/she shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed. All improvements shall be made consistent with the plans and specification of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the Erosion Control Officer shall inspect and approve the completed improvements. (5) Annual Maintenance Inspection Fee (a) The Fee for the first year shall be paid before: (i) The release of any Final Certificate of Occupancy for Non- Residential Properties. (ii) The release of the construction bond for Residential or Non- Residential Properties. (b) The fee shall be based upon the current Orange County Planning Fee Schedule, and shall be paid to Orange County following each annual inspection. (c) Failure to pay the Annual Maintenance Inspection Fee shall be deemed a violation of this Ordinance. 6.14.11 Amendments to Approved Plans and Specifications (A) Minor Amendments to Plans and Specifications (1) Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual may be approved by the Erosion Control Officer, provided that the changes do not involve a change in the size or location of the structure. (2) Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent that the General Statutes, Chapter 89A, allow) and submitted for review by the Erosion Control Officer. 15 ?k ?ª ?ª Aæ ?r I§ I§ K© !"c$!"_$ !"_$ !"c$ ?o Ir Ir KÊ Roanoke River Basin NeuseRiver Basin Cape FearRiver Basin HycoCreek South HycoCreek Flat River Little River Upper Eno BackCreek HawCreek Lower Eno(unprotected)Lower Eno(protected) Cane Creek Jordan Lake(unprotected) JordanLake(protected) UniversityLakeHaw River(unprotected) Haw River(protected) UpperEno Critical Area CaneCreekCriticalArea UniversityLakeCriticalArea Text West Forkon the EnoReservoirNPE 643' Lake OrangeNPE 615' Cane CreekReservoirNPE 500' UniversityLakeNPE 349' Seven Mile CreekNPE 581' Lake Ben JohnstonNPE 515' Corporation LakeNPE 538' Orange County Watersheds 0 1 2 3 4Miles 1 inch = 2.75 miles Orange County Planning & Inspections DepartmentGIS map prepared by Miriam Coleman Projection: State PlaneDatum: North American 1983Watersheds/Critical Areas/Basins Data: November, 2005 Revision Note: This watershed map replaces previous versions. Reference: Orange County Zoning Ordinance UECA revision adopted June 1, 2010 · 2/4/2015 Legend Water Supply Watersheds: Protected Unprotected Critical River Basin Boundary Watersheds Streams Municipal Jurisdiction 16