HomeMy WebLinkAboutAgenda 5-a - Unified Development Ordinance (UDO) Text Amendments – Enforcement of Nutrient Standards within the Jordan Lake Watershed 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 7, 2019
Action Agenda
Item No. 5-a
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. County Watershed Map Michael D. Harvey, Planner III, (919) 245-2597
2. Excerpt of Approved January 2, 2019 Craig Benedict, Director, (919) 245-2575
Planning Board Minutes and Signed
Statement of Consistency
3. Statement of Consistency
4. UDO Amendment(s)
PURPOSE: To hold a public hearing, receive Planning Board recommendation, and take action
on a Planning Director initiated Unified Development Ordinance (UDO) text amendment.
Specifically the amendments eliminate existing nutrient regulations for parcels within the Cape
Fear River Basin consistent with a 2017 State law adopted by the legislature eliminating local
governments' ability to implement/enforce same to allow for additional study and evaluation.
The amendment package also seeks to update references to various State agencies and
regulations consistent with the aforementioned law.
BACKGROUND: Orange County currently regulates `water quantity' (i.e. how much water is
leaving a parcel) for non-agricultural land disturbing activities under the general oversight of the
North Carolina Department of Environmental Quality (DEQ) as part of its erosion and
sedimentation control program.
Enforcement of `water quality regulations' (i.e. reducing the amount of nutrients) is addressed
through the County's stormwater management program which reduces pollution (i.e. nitrogen
and phosphorus) within established river basins. This includes parcels located within the Cape
Fear River Basin (hereafter `the Basin'). Nutrient reduction strategies became effective at the
State level on August 11, 2009 and were incorporated into the UDO in 2012.
Please refer to Attachment 1 for a map denoting the location of river basins/watershed overlay
districts located within the county.
In 2017 the General Assembly chose to delay the implementation/enforcement of nutrient/water
quality regulations for parcels within the Basin to allow for additional study. As a result, local
governments lost the ability to implement/enforce same.
2
Analysis: As required under Section 2.8.5 of the UDO, the Planning Director is required to: `...
cause an analysis to be made of the application and, based upon that analysis, prepare a
recommendation for consideration by the Planning Board and the Board of County
Commissioners'.
The amendments are necessary to bring the UDO into alignment with current DEQ regulatory
requirements related to the implementation/enforcement of nutrient reduction strategies within
the Basin. As previously indicated the County no longer has the legal authority to implement
and enforce same. This amendment does not impact the enforcement of nutrient reduction
strategies within the Neuse River Basin or impact the enforcement of water quantity standards
(i.e. how much water is leaving a parcel) throughout the county.
A copy of the proposed text amendment in contained within Attachment 4.
Planning Director Recommendation: The Planning Director recommends approval of the
Statement of Consistency, as contained in Attachment 3, and the UDO Text Amendment, as
contained within Attachment 4.
Planning Board Recommendation: At its January 2, 2019 meeting, the Planning Board voted 9
to 2 recommending approval of the Statement of Consistency and the UDO amendment
package. Those recommending against adopting the amendment indicated concern that the
State was taking too long to address this issue and felt obligated to register their concerns.
An excerpt of the approved minutes from the January 2, 2019 meeting, as well as the Planning
Board's approved Statement of Consistency, are contained within Attachment 2.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for the required legal advertisement for the text
amendment will be paid from FY2018-19 Departmental funds budgeted for this purpose.
Existing Planning staff included in the Departmental staffing budget will accomplish the work
required to process these amendments.
RECOMMENDATION(S): The Manager recommends the Board:
1. Receive the proposed amendments to the UDO as detailed in this abstract and
attachments;
2. Conduct the public hearing and accept comment on the proposed amendments;
3
3. Close the public hearing. (Note that, because this is a legislative decision, additional
comments at a later date are permitted); and
4. Decide on one of the following options:
a. Adopt the proposed amendments by approving the Statement of Consistency
(Attachment 3) and Ordinance (Attachment 4).
b. Defer a decision to a later BOCC regular meeting date.
c. Refer the item back to the Planning Board for a specific purpose.
•
IMF
' � , �-
mp-
a ti...
M4*7
WE
zm-;1. 10*0 06,1111
w ��.� _ o •� _--� Lid
MWAI��'�',�
WIN-
09- Et
Pal
ow
IVA Rd
1Jf ��,I .
Attachment 2 5
Approved 2.6.19
1 MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 JANUARY 2,2019
4 REGULAR MEETING
5
6
7 MEMBERS PRESENT: Lydia Wegman (Chair),At-Large Chapel Hill Township Representative;Alexander Gregory
8 (Vice-Chair), Chapel Hill Township Representative; Buddy Hartley, Little River Township Representative;
9 Randy Marshall, Bingham Township Representative; Kim Piracci,At-Large;Adam Beeman, Cedar Grove Township
10 Representative; Hunter Spitzer,At-Large; Paul Guthrie,At-Large Chapel Hill Township; David Blankfard,
11 Hillsborough Township Representative; Carrie Fletcher, Bingham Township Representative; Patricia Roberts,
12 Cheeks Township Representative;
13
14 MEMBERS ABSENT: Laura Nicholson, Eno Township Representative.
15
16 STAFF PRESENT: Craig Benedict, Planning & Inspections Director; Michael Harvey, Current Planning Supervisor;
17 Tom Altieri, Comprehensive Planning Supervisor, Nish Trivedi,Transportation Planner; Tina Love,Administrative
18 Assistant III
19
20
21 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
22 Chair Lydia Wegman called the meeting to order
23
24
25 AGENDA ITEM 2: ELECTION OF CHAIR AND VICE-CHAIR FOR 2019
26
27 MOTION by Kim Piracci to nominate Lydia Wegman as Chair. Seconded by Paul Guthrie
28 VOTE: Unanimous
29
30 Lydia Wegman asked if there were any nominations for Vice-Chair.
31
32 Alex Gregory replied he would stick his name in the hat.
33
34 Hunter Spritzer commented that he desired to be Vice-Chair.
35
36 Lydia Wegman asked Randy if he had an interest in Vice-Chair.
37
38 Randy Marshall replied I'm good.
39
40 Lydia Wegman stated okay and asked for any other nominations. She remarked that there had been nominations
41 for both Alex and Hunter and asked all in favor of Alex Gregory.
42 VOTE:8
43
44 Lydia Wegman commented okay and then asked all in favor of Hunter Spritzer.
45 VOTE:3
46
47 Lydia Wegman acknowledged that Alex won and extended a congratulations.
48
49 Alex Gregory elected as Vice-Chair.
50
51
52 AGENDA ITEM 3: INFORMATIONAL ITEMS
53 a. Planning Calendar for January and February 2019
54 - Planning Board meeting scheduled for February 6, 2019.
55
6
Approved 2.6.19
56 AGENDA ITEM 4: APPROVAL OF MINUTES
57 November 7, 2018 Training Notes
58 November 7, 2018 Regular Meeting
59 November 7, 2018 Ordinance Review Committee Notes
60
61 MOTION by Randy Marshall to approve the November 7, 2018 Regular Meeting Minutes and the November 7, 2018
62 Ordinance Review Committee Notes. Seconded by Hunter Spitzer.
63 VOTE: Unanimous
64
65
66 AGENDA ITEM 5: CONSIDERATION OF ADDITIONS TO AGENDA
67
68
69 AGENDA ITEM 6: PUBLIC CHARGE
70 Chair Lydia Wegman waived the reading of the Public Charge.
71
72 INTRODUCTION TO THE PUBLIC CHARGE
73
74 The Board of County Commissioners, under the authority of North Carolina General Statute,
75 appoints the Orange County Planning Board (OCPB)to uphold the written land development law of
76 the County. The general purpose of OCPB is to guide and accomplish coordinated and
77 harmonious development. OCPB shall do so in a manner,which considers the present and future
78 needs of its citizens and businesses through efficient and responsive process that contributes to
79 and promotes the health,safety, and welfare of the overall County. The OCPB will make every
80 effort to uphold a vision of responsive governance and quality public services during our
81 deliberations, decisions, and recommendations.
82
83 PUBLIC CHARGE
84 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its
85 citizens to conduct themselves in a respectful, courteous manner, both with the Board and with
86 fellow citizens. At any time, should any member of the Board or any citizen fail to observe this
87 public charge,the Chair will ask the offending member to leave the meeting until that individual
88 regains personal control. Should decorum fail to be restored,the Chair will recess the meeting
89 until such time that a genuine commitment to this public charge is observed.
90
91 AGENDA ITEM 7: CHAIR COMMENTS
92 There were none
93
94 AGENDA ITEM 8: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS-To make a recommendation to the
95 BOCC on proposed amendments to the UDO regarding stormwater regulations, in response to changes in State
96 laws.
97
98 PRESENTER: Michael Harvey, Current Planning Supervisor
99
100 Michael Harvey presented the abstract beginning on page 13, the Unified Development Ordinance (UDO) Text
101 Amendments to address the Enforcement of Nutrient Standards within the Jordan Lake Watershed. Mr. Harvey
102 summarized that erosion sedimentation control is regulated on non-farm activities through two processes;one
103 through the enforcement of erosion control standards, and the other through enforcement of stormwater standards.
104 These regulations deal with both water quantity and water quality. These standards have been implemented in
105 accordance with applicable state law, which are enforced throughout the County. A couple years back the state
106 eliminated the ability of the local government to enforce nutrient standards in the Cape Fear River Basin otherwise
107 known as the Jordan Lake Watershed, so they could continue to study the most effective stormwater management
108 strategy to address nutrient issues in that particular river basin. Mr. Harvey stated that the standards had already
109 been adopted, and yet the state has eliminated our authority to adopt/implement/enforce those standards. This text
110 amendment is designed to do a couple of different things. It first brings our ordinance into compliance with state law,
7
Approved 2.6.19
111 and second, updates outdated terminology. There have been changes in the names of state departments that
112 regulate this and there has been a change in nomenclature referring to stormwater features. These were formerly
113 known as Best Management Practices or(BMPs). They are now referred to as Stormwater Control Measures or
114 (SCMs). In the(UDO), all(BMPs)have been changed to(SCMs). Mr. Harvey advised that the text amendment has
115 been reviewed by the County Attorney's Office and by the Development Advisory Committee with no issues and the
116 staffs recommendation is to approve the Statement of Consistency as attached in Attachment(1) and to approve the
117 actual amendment itself as contained in Attachment(2).
118
119 Mr. Harvey welcomed any questions.
120
121 Paul Guthrie questioned who had the ultimate final jurisdiction on Lake Jordan.
122
123 Michael Harvey replied that the state and the Army Corp of Engineers.
124
125 Paul Guthrie asked whether or not it was still a possession of the Army Corp of Engineers.
126
127 Michael Harvey responded that it is a water body of the U.S. meaning the Army Corp has jurisdiction, but the state is
128 addressing nutrient issues through the adoption of stormwater rules. This process means the state is working with
129 multiple entities.
130
131 Paul Guthrie commented as long as the Clean Water Act keeps that definition.
132
133 Michael Harvey confirmed to his knowledge the answer is yes.
134
135 Alex Gregory questioned whether the standards were being released as a best practice as they are currently being
136 studied and decided.
137
138 Michael Harvey stated,the state was re-evaluating the standards and attempting to develop new best practices with
139 respect to nutrient reduction. Mr. Harvey said he believed there is supposed to be an update to the General
140 Assembly in 2020. He added there is no estimated completion on the study or its submittable rules, and what we
141 know right now is that there are standards in the UDO that are unenforceable and need to be removed.
142
143 Kim Piracci mentioned that she had read something that said these rules are supposed to be passed, but aren't
144 passed and asked whether this is a regulation that is going to be passed or is passed.
145
146 Michael Harvey clarified that the General Assembly has eliminated local government's authority to enforce the
147 nutrient standards relating to water quality issues into a river basin. He reiterated that these are unenforceable
148 standards that will need to be removed from the UDO as the enforcement of same cause litigation concerns.
149
150 Lydia Wegman questioned whether the rules still apply in the Neuse River Basin.
151
152 Michael Harvey confirmed that enforcement of nutrient reduction standards within the Neuse has not been altered by
153 the state. He reminded the board that there are still stormwater regulations in the Cape Fear River Basin,just not
154 water-quality standards, but reasserted that there are water-quantity standards local development is still required to
155 abide by. He stated,for a lot of you that does not address the nutrient concerns you have, but hopefully, it is
156 resolved in the next year or two. Once the state adopts a final nutrient reduction strategy,the county will be able to
157 amend the UDP incorporating these new standards and enforce them.
158
159 Alex Gregory expressed that it seemed as though the current regulation was more about keeping water from flowing.
160 Water level like previously mentioned versus silt runoff, or something from disturbing the land.
161
162 Michael Harvey confirmed.
163
164 Alex Gregory commented that we would usually require a regulation on that, but now it's just don't block the water.
165
8
Approved 2.6.19
166 Michael Harvey explained that erosion control standards are not being impacted by this ordinance amendment.
167 What is being impacted is the quality of the water leaving the site.
168
169 Lydia Wegman asserted the total amount of water leaving the site is still regulated.
170
171 Michael Harvey agreed.
172
173 Lydia Wegman responded with but not the quality of that water.
174
175 Michael Harvey confirmed.
176
177 Carrie Fletcher sought clarification on whether the quality issue would be addressed within one to two years.
178
179 Michael Harvey advised that that's the hope but it was up to state officials to complete work on this before local
180 governments could take action to implement and enforce new nutrient reduction standards.
181
182 Carrie Fletcher responded with is there any teeth to get it sooner.
183
184 Michael Harvey replied, no. We are at the whim of the General Assembly and the entities that are studying the issue
185 and trying to come up with a solution to address the concerns which forced the descending of the Jordan Lake rules.
186
187 Carrie Fletcher commented so, it could be nudged with popularity from citizens.
188
189 Michael Harvey acknowledged that it could be nudged, but stated you are also relying on several different entities
190 studying the matter to respond to nudging.
191
192 Paul Guthrie mentioned that the water quality issue,what is in the water, is on the public mind. In the long term,the
193 erosion and fill-in is the biggest threat because over time that will reduce the capacity of Jordan Lake. Mr. Guthrie
194 reminded the Board the lake was originally developed and intended to serve as a flood control project. He
195 questioned if anybody had looked at that context at both of those at the same time.
196
197 Michael Harvey responded that he did not have an answer. He said the county still enforces erosion control
198 standards and reminded the Board this amendment did not impact that program.
199
200 Paul Guthrie questioned whether the Army Corp of Engineers under federal law have the ability to look into it.
201
202 Michael Harvey informed that ultimately,they do, but whether or not it is their priority is a different question.
203
204 Kim Piracci sought clarification and asked Mr. Harvey to reiterate the downside of not amending the ordinance.
205
206 Michael Harvey explained that we are unable to enforce nutrient reduction standards within the Cape Fear river
207 basin. If we attempted to enforce these standards we subject ourselves to possible litigation,which staff and the
208 Attorney's office believe we would lose. He suggested it is cleaner to remove something that has no legal basis in
209 the law to have in the ordinance anymore rather than to potentially subject yourself to possible legal action for
210 attempting to, or not attempting to, enforce your ordinance. He reminded the board that property owners cannot
211 currently be held to this standard. He explained that there have been attempts to remove these provisions when
212 state law was modified approximately a year-and-a-half ago. Unfortunately the current Engineering and Erosion
213 Control supervisor was unable to complete the assignment as mandated by the Director. He said Mr. Benedict
214 assigned him the task to complete the project approximately six months ago and it is now coming to a conclusion.
215
216 Hunter Spitzer stated there is a reason why we can't recommend a developer voluntarily adhere or adopt the
217 standard, is that correct.
218
9
Approved 2.6.19
219 Michael Harvey replied, no. If a developer wants to do it,that is their personal decision. We cannot hold them to it.
220 The county cannot mandate they abide by it. There is no longer any legal basis allowing for the enforcement of
221 nutrient reduction standards in the basin. He reiterated the standards need to come out of the LIDO.
222
223 Lydia Wegman questioned whether that could be something that the public and neighbors might ask of the
224 developer, and the developer could look into it on their own.
225
226 Kim Piracci asked if farming practices was the bigger problem with this particular issue.
227
228 Michael Harvey replied I think the totality of development activity, meaning the disturbance of land, is responsible for
229 these issues. He reminded the Board farming is not regulated by these standards as such operations are exempt
230 from zoning.
231
232 Lydia Wegman asked for any other questions or comments.
233
234 Hunter Spritzer remarked that it seemed like this is the county's only recourse.
235
236 Michael Harvey commented regrettably, but it is necessary.
237
238 MOTION by Hunter Spritzer to recommend the Statement of Consistency and approve the UDO Text Amendments.
239 Seconded by Alex Gregory.
240 VOTE: Passed 9-2(Guthrie, Piracci opposed)
241
242 Kim Piracci remarked if this isn't my drinking water than it is other people's drinking water. It is getting polluted, and 1
243 am on the on the planning board and feel we need to take a stand and address the issue head on.
244
245 Paul Guthrie explained that this encourages something that has been going on at Lake Jordan since the day it was
246 first considered, it's a big federal project or it's a big state action and we can't act right now on this particular problem,
247 you can't get anywhere with that over the long haul. He asserted that what this is doing aside from water quality is
248 reducing the ability of the lake to protect the downstream and quantity of water that goes in heavy rainfall. He stated
249 that he thinks it goes beyond Orange County and therefore votes, no.
250
251 Lydia Wegman commented that she wanted clarification that there were still water quantity regulations.
252
253 Michael Harvey replied, yes. We enforce water quantity standards through erosion control and through stormwater
254 permitting, but we can't require compliance with water quality standards which are the removal of nitrogen and
255 phosphorus.
256
257 Craig Benedict explained that since all of the comments were out, he wanted to give a post log to the discussion. He
258 reported that in North Carolina many of the regulations are setting limits about what can be enforced. In the past,
259 there was no problem in exceeding what was being asked to be more restrictive or cleaner. He explained that we are
260 in a modified Dillion Rule State, and we only have the authority to enforce things that the state gives the authority to
261 enforce,so we are not independent. Until we get back to mode with some of the creativity and progressiveness we
262 have tried to do in the past,we are having to roll back some of our regulations that we had intact for 20 plus years.
263
264 Lydia Wegman contributed that she felt the same indignation that Kim had expressed but understood the legalities of
265 why this route was being taken. She explained that she voted in favor because she thinks it is the best process to
266 keep us out of litigation.
267
268 Craig Benedict agreed and recommended that the amendment be passed.
269
270 Lydia Wegman questioned whether as citizens they could voice their indignation to the other leaders in an effort to
271 make the North Carolina policy different and exclude Orange County from this position.
272
273 Hunter Spitzer asked if they could defer recommendation on the amendment until 2020.
10
Approved 2.6.19
274
275 Craig Benedict responded that this had already been on the books for too long and that is why they are proceeding to
276 remove it from the UDO.
277
278 Kim Piracci asked how long we had been a Dillion State.
279
280 Craig Benedict replied since Day 1. We only have the authority to regulate as the legislator gives us the power.
281
282 Kim Piracci questioned whether Dillion's Law just not being implemented or whether it is something that was recently
283 invented.
284
285 Craig Benedict explained that in the past the policy had been set with minimum standards and that it had been
286 acceptable to perform beyond those standards.
287
288 Kim Piracci asked even though we were a Dillion State.
289
290 Craig Benedict replied,yes. He informed that there are now maximum standards and that it is not acceptable to
291 perform below or above the standard threshold.
292
293 Kim Piracci questioned whether the Dillion's Law was in the constitution.
294
295 Craig Benedict explained that the Dillion Rule originated from a previous legislator.
296
297 Lydia Wegman remarked that she did not believe it was in the constitution.
298
299 Craig Benedict said that it was just the way the process had been set to establish powers. He advised the board that
300 they would receive a handout to view the information.
301
302 Lydia Wegman informed that the Planning Board, in light of the situation that the county finds it in, it has been
303 approved, but there are still concerns. She stated that the Planning Board continues to support nutrient controls and
304 hopes that there can be acceleration on the part of the state in developing nutrient requirements, so the county can
305 propose them.
306
307
11
STATEMENT OF APPROVAL AND CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) 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.
The Planning Board hereby approves the proposed text amendment and finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
• Land Use Goal 6 —A land use planning process that is transparent,
fair, open, efficient, and responsive.
These amendments are consistent with this goal and
objective by eliminating regulations the County is no longer
able to enforce based on current State law.
c. The amendment is reasonable and in the public interest because it:
1. Ensures legal sufficiency by eliminating regulatory requirements that are
unenforceable at this time.
These amendments ensure uniformity by eliminating references to
regulations the State has delayed the implementation of.
2. Ensures legal sufficiency by updating references to various State agencies
and programs.
This amendment updates existing references to State agencies and
development requirements thereby eliminating confusion for the
reader.
The Planning Board hereby adopts this Statement of Approval and Consistency as well
as the findings expressed herein.
i
Lyda Wegma , Chair Date
I
i
12
Attachment 3
STATEMENT OF APPROVAL AND CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) 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.
The Board of County Commissioners hereby approves the proposed text amendment
and finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
• Land Use Goal 6 — A land use planning process that is transparent,
fair, open, efficient, and responsive.
These amendments are consistent with this goal and
objective by eliminating regulations the County is no longer
able to enforce based on current State law.
c. The amendment is reasonable and in the public interest because it:
1. Ensures legal sufficiency by eliminating regulatory requirements that are
unenforceable at this time.
These amendments ensure uniformity by eliminating references to
regulations the State has delayed the implementation of.
2. Ensures legal sufficiency by updating references to various State agencies
and programs.
This amendment updates existing references to State agencies and
development requirements thereby eliminating confusion for the
reader.
The Board of County Commissioners hereby adopts this Statement of Consistency and
findings expressed herein.
Penny Rich, Chair Date
Attachment 4 13
Ordinance # ORD-2019-005
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County regulates erosion & sedimentation control for non-farmland
disturbing activities, as well as stormwater runoff, from new development under the general
oversight of the North Carolina Department of Environmental Quality (DEQ), and
Whereas, In 2017 the State of North Carolina chose to delay the implementation and
enforcement of nutrient reduction/water quality regulations for parcels located within the Cape
Fear Basin thereby eliminating local governments ability to implement/enforce same, and
Whereas, The UDO needs to be amended in order to eliminate existing regulatory
standards that are unenforceable due to changes in State law, and
Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have
been deemed complete, and
Whereas, the Orange County Planning Board has recommended approval of the proposed
text amendments, and
Whereas, the County has held the required public hearing and has found the proposed
text amendments are consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption.
Upon motion of Commissioner seconded by Commissioner
, the foregoing ordinance was adopted this day of
, 2018.
14
I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a
meeting held on , 2018 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this day of , 2018.
SEAL
Clerk to the Board of Commissioners
15
UDO AMENDMENT PACKET NOTES:
The following packet details staff s proposed modifications to existing regulations associated
with the eliminating existing regulations establishing nutrient reduction strategies for parcels of
property within the Cape Fear River Basin.
• Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO
• Red Stfikethfettgh Tex : Denotes existing text that staff is proposing to delete
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large "X" through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes from
previous sections `spill over' onto the included page. Text with a large "X" is not proposed for
deletion.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://www.oran2ecountync.gov/departments/plannin2 and inspections/ordinances.php
Article 1: Administration 16
Section 1.1: General Provisions
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.
Orange County, North Carolina—Unified Development Ordinance Page 1-3
Article 1: Administration 17
Section 1.1: General Provisions
(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, SeGtien (d) of Sessi„n
Law 2009_216 and Section F; /o\ of Session Law 2009_216
Session Law 2009_484 'apply to all lands within the Jordan Lake Watershed portion of
Orange County. Wherever standards of the Jordan Lake Rules and the standards listed
in this ordinance differ, the more restrictive provisions shall apply.
(G) The Neuse River Basin Nutrient Sensitive Waters Management Strategy rules and the
riparian buffer protection rules (Neuse Rules)of 15ANCAC 02B .0235, .0240, .0233,
.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.
The Jordan Water Supply Nutrient Strategy: Stormwater Management for New
Deyelepmen+ Rule of 15A NGAG 02B 0265 applies +o all land ,.,i+h.n +ho 1orr-an I elks
Watershed pe-die-n- ef Orange Geunty, eXGept where standards in this OrdinanGe are more
roc+rin+iao 2
,me.
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(s) 2015-246 and 2016-94 effectively delayed the implementation of these nutrient
reduction standards for parcels within the Cape Fear 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.
z Specific language removed due to the delay in the authorization to implement and enforce nutrient regulations
within the Cape Fear River Basin, commonly referred to as the 'Jordan Lake Rules'.
Orange County, North Carolina-Unified Development Ordinance Page 1-4
Article 2: Procedures 18
Section 2.20: Stream Buffers-Use Authorization Certificate
2.20.1 Use Authorization Certificate
(A) Application Requirements
(1) An application for a Use Authorization Certificate shall be filed with the Erosion
Control Officer on forms provided by the Planning Department.
(2) Complete applications shall include the following:
(a) The name, address and phone number of the applicant;
(b) The nature of the activity to be conducted by the applicant;
(c) The location of the activity, including the jurisdiction;
(d) A map of sufficient detail to accurately delineate the boundaries of the
land to be utilized in carrying out the activity, the location and dimensions
of any disturbance in riparian buffers associated with the activity, and the
extent of riparian buffers on the land;
(e) An explanation of why this plan for the activity cannot be practically
accomplished, reduced or reconfigured to better minimize disturbance to
the riparian buffer, preserve aquatic life and habitat and protect water
quality; and
(f) Plans for any best management practices proposed to be used to control
the impacts associated with the activity.
(B) Timeframe for Review
(1) All requests shall be reviewed by the Erosion Control Officer and either approved
or denied within 60 days of receipt of a complete application.
(2) Failure to issue an approval or denial within 60 days shall constitute that the
applicant has demonstrated "no practical alternatives."
(3) The Erosion Control Officer may attach conditions to the Authorization Certificate
that support the purpose, spirit and intent of the riparian buffer protection
program.
(C) Disputes
Any disputes over determinations regarding Authorization Certificates shall be referred to
the Division of Water Quality of the North Carolina Department of Environment and
Natural Resources for a decision.
SECTION • '
2.21.1 Stormwater Management Plan
(A) Application Requirements
(1) An application for approval of a Stormwater Management Plan shall be filed with
the Erosion Control Officer on forms provided by the Planning Department.
(B) Plan Requirements
Orange County, North Carolina—Unified Development Ordinance Page 2-68
Article 2: Procedures 19
Section 2.22: Home Occupations
(1) Permanent on-site StFUGt, ral st r,,,,.,ater measures stormwater control measures
S( CMs)3must be shown as part of the Stormwater Management Plan and must
accompany the Land-Disturbing Plan submittal. StrUGtUral st„r,, mate
rneasuresSCMs are to be in accordance with the NG DVVQ Department of
Environmental Quality(NCDEQ)4Stormwater OMP 5Design Manual.
(2) All calculations for Nutrient Export (including the nutrient accounting tool), Peak
Run-off Volume, and permanent Str,,,.t„ral st r.nwater m esSCMs designed
for Nutrient Removal must be included in the application package.
(3) Structural st rmwater m esSCMs that are designed, constructed and
maintained in accordance with the NC DWQ DEQ Stormwater Rnnro P Design
Manual, approved accounting tool, and requirements listed in Section 6.14 will be
presumed to meet the required performance standards of Section 6.14.
Submittals containing measures not designed to these specifications, may be
approved on a case by case basis provided the applicant provides adequate data
and information showing how the deviations meet the requirements of Section
6.14.
(C) Plan Approval
The Erosion Control Officer is authorized to approve any Stormwater Management Plan
which is in conformance with the performance standards specified in the NC DWQ DEQ
Stormwater BMP Design Manual, and other requirements of this Ordinance.
(D) Approved Plan a Prerequisite
The Erosion Control Officer is not authorized to issue any permits for development on
any land that is defined as new development under Section 6.14 of this Ordinance
unless and until a Stormwater Management Plan in compliance with the requirements of
this Ordinance has been approved.
(E) Design of Permanent Nutrient Export Reduction Structural Stermwate
" sStormwater Control Measures (SCMs)
When a permanent nutrient export reduction ctrUGUAral st,,.., water meas„roSCM is
required for new development to meet the requirements of this Ordinance, a North
Carolina registered professional engineer shall prepare the plan with the Engineer's
Certification of Stormwater Management affixed, signed, sealed and dated.
•N 2.22: HOME OCCUPATIONS
2.22.1 Application Requirements
(A) An application for a Home Occupation Permit shall be filed with the Planning Director on
forms provided by the Planning Department.
(B) Application forms shall be prepared so that when completed a full and accurate
description of the proposed use, including its location, appearance, and operational
characteristics are disclosed.
(C) An application for a minor home occupation shall include a plot plan that adheres to the
requirements of Sections 2.4.3 and 5.5.3.
(D) An application for a major home occupation shall require a Class B Special Use Permit
and adhere to the requirements of Sections 2.5.3, 2.7, and 5.5.3.
3 Staff is making a nomenclature change to ensure consistency with State language with respect to the
identification of a stormwater control feature.
4 Staff is updating references to recent changes in the renaming/rebranding of the NC Division of Water Quality
(DWQ)to Division of Environmental Quality(DEQ).
S The State has eliminated the term 'best management practice' or'BMP'from the official title of the stormwater
design manual. Staff is eliminating references to same within the UDO to ensure consistency.
Orange County, North Carolina—Unified Development Ordinance Page 2-69
Article 4: Overlay Zoning Districts 20
Section 4.2:Watershed Protection
(e) The amount of encroachment into the stream or reservoir buffer is the
minimum amount which can be obtained while meeting the criteria in (a)
through (d).
4.2.3 Land Use Restrictions
All uses and activities allowed in the underlying zoning district are permitted with the following
exceptions:
TABLE 4.2.3 LAND USE RESTRICTIONS
DISTRICT RESTRICTIONS
UNIV-CA No new landfills are permitted.
UNIV-PW No commercial or industrial uses are permitted except for commercial development, in
CANE-CA accordance with the provisions of the Ordinance, located within established Nodes as
U-ENO-CA detailed within the Orange County Comprehensive Plan.
No new golf courses are permitted
UNIV-CA
CANE-CA No residual (sludge/biosolids)application is permitted.
U-ENO-CA
CANE-PW
U-ENO-PW
HYCO-PW
LITTLE-PW No discharging landfills are permitted. Industrial use is limited to nonhazardous light
BACK-PW industrial uses characterized by low water use (less than 10,000 gpd, excluding domestic
FLAT-PW water(25 gpd per employee)and water used for heating and air conditioning).
HAW-PW
L-ENO-PW
JORDAN-PW
4.2.4 Residential Density
Maximum residential density shall be as indicated in the Table in this subsection, or as required
by the underlying zoning district, whichever is less.
TABLE 4.2.4 RESIDENTIAL DENSITY
DISTRICT MAximum DENSITY
1 du/five acres.
Lots of record existing on October 2, 1989 may contain up to, but no more than,five lots
UNIV-CA with a density of one du/two acres. Contiguous lots of record existing on October 2, 1989
UNIV-PW may be combined into one parcel for development. The number of two-acre lots and the
total number of lots in the combined parcel cannot exceed the sum of the number of lots
which could be created from each lot of record.
1 du/five acres
Lots of record existing on October 19, 1999 may contain up to, but no more than,five lots as
CANE-CA small as two acres in size. Contiguous lots of record existing on October 19, 1999 may be
CANE-PW combined into one parcel for development.The number of two-acre lots and the total
number of lots in the combined parcel cannot exceed the sum of the number of lots which
could be created from each lot of record.
U-ENO-CA 1 du/2 acres
LITTLE-PW
HYCO-PW 1 du/40,000 square feet(.92 acre)
FLAT-PW
U-ENO-PW
L-ENO-PW Maximum density is as permitted in the underlying zoning district.
HAW-PW c+r ir+�oral R.MDc Stormwater control measures(SCMs)are required in some cases where
JORDAN-PW density exceeds 1 dwelling unit per acre. Refer to Section 4.2.5.
BACK-PW
Orange County, North Carolina—Unified Development Ordinance Page 4-5
Article 4: Overlay Zoning Districts 21
Section 4.2:Watershed Protection
4.2.5 Impervious Surface and Detention Pond Requirements for Residential Uses
SURFACE/DETENTIONTABLE 4.2.5.1: IMPERVIOUS POND REQUIREMENTS
DISTRICT IMPERVIOUS SURFACE/DETENTION . REQUIREMENTS
6% impervious surface limit.
EXCEPT for all lots which existed prior to 4/2/90,which are subject to impervious surface
limits as provided in the following Table(entitled Sliding Scale for Residential Impervious
UNIV-CA Surface Ratios—Univ, Cane, and Little). [1], [2]
UNIV-PW Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access
easement, or created in accordance with established density regulations through the
subdivision process to qualify for additional impervious surface allocation as detailed in
Section 4.2.8 C .
6% impervious surface limit.
EXCEPT for lots smaller than two acres which existed prior to 1/1/94,which are subject to
impervious surface limits as provided in the following Table(entitled Sliding Scale for
CANE-CA Residential Impervious Surface Ratios—Univ, Cane, and Little). [1], [2]
CANE-PW Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access
easement, or created in accordance with established density regulations through the
subdivision process to qualify for additional impervious surface allocation as detailed in
Section 4.2.8 C .
6% impervious surface limit.
U-ENO-CA EXCEPT for lots smaller than five acres which existed prior to 6/1/2010,which are subject to
impervious surface limits as provided in the following Table(entitled Sliding Scale for
Residential Impervious Surface Ratios—Upper Eno). [11, 2
6% impervious surface limit.
EXCEPT for lots which existed prior to 1/1/94, which are subject to impervious surface limits
as provided in the following Table(entitled Sliding Scale for Residential Impervious Surface
LITTLE-PW Ratios- Univ, Cane, and Little). [1], [2]
Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access
easement, or created in accordance with established density regulations through the
subdivision process to qualify for additional impervious surface allocation as detailed in
Section 4.2.8 C .
FLAT-PW 12% impervious surface limit for new and existing lots. [1], [2]
HYCO-PW
12% impervious surface limit for existing and new lots outside of Transition Areas as
designated in the Orange County Land Use Plan. [1], [2]
30% impervious surface limit for developments which exceed a density 1 du/acre within
Transition Areas as designated in the Orange County Land Use Plan. c+.,, +,,. ❑IMPS
B ACK-PW ENO-PW Stormwater control measures (SCMs)are required if impervious surface exceeds 12%.
70% impervious surface limit for residential uses developed at"high intensity"densities(R-
5, R-8, and R-13) in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option)with c+r,.n+,.ral RnADcSCMs if ISR
exceeds12%.
24% impervious surface limit with curb and gutter.
36% impervious surface limit without curb and gutter.
[1], [2]
70% impervious surface limit for residential uses developed at"high intensity"densities(R-
L-ENO-PW 5, R-8, and R-13)in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option),with structural BMPSSCMs
required when impervious surface exceeds:
24% (w/curb and gutter); or
36% w/o curb and gutter).
HAW-PW 24% impervious surface limit. [1], [2]
JORDAN-PW
[1]Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the UDO.
[2] Regardless of the proposed amount of impervious surface area, a st r,,,water feature/best management practice
ONAR)SCM may still be required based on the proposed amount of land disturbance on a given parcel of property in
accordance with applicable Orange County Erosion Control and State Stormwater regulations.
Orange County, North Carolina—Unified Development Ordinance Page 4-6
Article 4: Overlay Zoning Districts 22
Section 4.2:Watershed Protection
IMPERVIOUSTABLE 4.2.6: • POND REQUIREMENTS
DISTRICT IMPERVIOUS SURFACEMETENTION POND REQUIREMENTS
UNIV-CA 5-acre minimum lot size, with potential of up to five lots as small as two acres for lots of record September 1,
CANE-CA 2015(University Lake)or October 19, 1999 (Cane Creek); AND
6% impervious surface limit. [11, 121
U-ENO-CA 2-acre minimum lot size AND
6% impervious surface limit. [1], [2]
5-acre minimum lot size with potential of up to five lots as small as two acres for lots of record September 1,
2015(University Lake)or October 19, 1999 (Cane Creek); AND
UNIV-PW 50% ISR for all fire stations and solid waste collection centers;AND
CANE-PW 12% ISR for all other non-residential uses;AND
on-site infiltration of the first inch of stormwater runoff;AND
a limit of 1.0%of the watershed for non-residential use(139 acres in CANE-PW). [1], [2]
2-acre minimum lot size AND
50% ISR for all fire stations and solid waste collection centers;AND
LITTLE-PW 12% ISR for all other non-residential uses; AND
on-site infiltration of the first inch of stormwater runoff;AND
a limit of 1.0% of the watershed for non-residential use 406 acres in LITTLE-PW . [11, 2
70%
ISR in Economic Development, Commercial and/or Commercial- Industrial Nodes as designated in the Land Use
Element of the Comprehensive Plan (high-density option)with str, Gt ral BMP stormwater control measures
SCMs if ISR exceeds 12%; AND
50% ISR for all fire stations and solid waste collection centers outside of Commercial and/or Commercial-
U-ENO-PW Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan, with stru.turaal nnAPSSCMs
BACK-PW if ISR exceeds 12%; AND
12% ISR for all other non-residential uses outside of Commercial and/or Commercial-Industrial Nodes as
designated in the Land Use Element of the Comprehensive Plan; AND
on-site infiltration of the first inch of stormwater runoff;AND
A limit of 1,151 acres of non-residential use throughout U-ENO-PW(5.0%)and 163 acres
throughout BACK-PW 1% . [1], [2]
50% ISR for all fire stations and solid waste collection centers; AND
HYCO-PW 12% ISR for all other non-residential uses;AND
FLAT-PW on-site infiltration of the first inch of stormwater runoff;AND
limit of 1%of the watershed for non-residential use 37 acres in HYCO-PW, 66 acres in FLAT-PW . [1], 2
70% impervious surface, with structural BMP-s SCMs required when impervious surface exceeds:
L-ENO-PW 24% (w/curb and gutter); or
36% w/o curb and gutter). [1], [2]
HAW-PW 24% impervious surface limit. [1], [2]
JORDAN-PW
[1]Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the LIDO.
[2] For non-residential developments a stormwater feature/best management practice (BMP)SCM shall be required in accordance
with
applicable local and State standards based on proposed land disturbance and/or a project exceeding impervious surface
thresholds as identified herein.
NOTE: Non-residential use impervious acreage limits in watershed with such limits are calculated using the actual amount of
impervious surface for non-residential uses throughout the watershed, not by the overall number of acres of non-residential
parcels located in a particular watershed.
(A) Hillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
- Unprotected watershed. Within the Hillsborough Economic Development
District, as designated in the Land Use Element of the Comprehensive Plan, the
maximum impervious surface ratio is 50% with detention ponds.
Orange County, North Carolina—Unified Development Ordinance Page 4-8
Article 4: Overlay Zoning Districts 23
Section 4.2:Watershed Protection
4.2.7 Placement of Streets, Driveways, and Buildings
(A) Streets, driveways, and buildings or other structures shall be located, to the extent
reasonably possible, so as to take full advantage of the absorptive capacity of the soils
on which they are to be situated and to avoid the following environmentally sensitive
areas:
(1) Stream buffer zones as required by Section 6.13;
(2) Wetlands as defined by the U.S. Army Corps of Engineers;
(3) Land with slopes greater than 15%; and
(4) Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats
of Orange County, NC.
(B) To avoid creating lots that will be difficult to build upon in compliance with the standards
of this Section, the preliminary plan shall show proposed building envelopes and
approximate driveway locations for all lots within subdivisions.
(1) A zoning compliance permit shall not be issued for the construction of buildings
or driveways outside the areas so designated on the preliminary plan unless the
Planning Director makes a written finding that the proposed location complies
with the provisions of this Section and Sections 6.13 (Stream Buffers)and 6.14
(Stormwater Management).
4.2.8 Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the following
provisions:
(A) Through variance procedures of the Board of Adjustment, as described in Section 2.10.
(B) Through approval and recordation of a conservation agreement, as provided in Article 4
of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner
that prohibits development of land in a protected watershed in perpetuity, subject to the
following:
(1) A modification of the required impervious surface ratios may be approved
administratively but only to the extent that additional land in the same watershed
is conserved or protected from development.
(2) The land which will be subject to a conservation agreement must be adjacent to
the land proposed for development and for which a modification of the
impervious surface ratios is sought.
(a) As an example, a person owning a 40,000 square foot lot and subject to
a 12% impervious surface ratio would be limited to 4,800 square feet of
impervious coverage. If the person's plans called for 5,500 square feet
of coverage (a difference of 700 square feet), the recording of a
conservation easement on 5,833 square feet of contiguous property
would satisfy the impervious surface ratio requirements. (12% of 5,833
square feet is 700 square feet.)
(b) The conservation easement shall describe the property restricted in a
manner sufficient to pass title, provide that its restrictions are covenants
that run with the land and, be approved in form by the County Attorney.
(c) The conservation easement shall, upon recording, be in the place of a
first priority lien on the property (excepting current ad valorem property
taxes)and shall remain so unless, with the approval of Orange County, it
is released and terminated.
Orange County, North Carolina—Unified Development Ordinance Page 4-9
Article 4: Overlay Zoning Districts 24
Section 4.2:Watershed Protection
(d) Orange County shall require the priority of the conservation easement to
be certified by an attorney-at-law, licensed to practice law in the State of
North Carolina and approved to certify title to real property.
(e) Orange County approval of a release or termination of the conservation
agreement shall be declared on the document releasing or terminating
the agreement. The document shall be signed by the Orange County
Manager, upon approval of the Board of County Commissioners. No
such document shall be effective to release or terminate the
conservation agreement until it is filed for registration with the Register of
Deeds of Orange County.
(C) Through the installation of a stormwater featurestormwater control measure (SCM),
consistent with the minimum design standards as detailed within the State BIVIP
Stormwater Design Manual.
(1) The proposed feature must be recognized by Orange County and the State as
allowing for an increase in impervious surface area through an infiltration
stormwater feature.
(2) Under no circumstances may impervious surface area be increased by more
than 3% of the total allowable area on the subject parcel through this process.
(3) The property owner shall provide a stormwater assessment, completed by a
licensed engineer, of the current property identifying its infiltration rates and
carrying capacity as well as a comprehensive soil assessment for the property.
(4) The development/design of the feature shall be in accordance with established
design criteria as embodied within the State Sstormwater Design nWanual and
shall be completed by a licensed engineer with expertise in stormwater
management. Additional allowable impervious surface area shall be based on the
soil composition of the property consistent with State regulations.
(5) The property owner shall be responsible for the completion and submission of a
stormwater operation/maintenance and access agreement detailing the perpetual
maintenance, inspection, and upkeep of the approved BMP SCM in accordance
with County and State regulations.
The Planning Director shall cause an analysis to be made of the agreement by
qualified representatives of the County and other agencies or officials as
appropriate. Once approved, the document shall be recorded in the Orange
County Registrar of Deeds office.
The property owner assumes all financial and legal responsibility for the
perpetual maintenance and upkeep of the approved BMPSCM.
(6) The property owner shall assume all costs associated with the preparation and
recordation of new plat(s)/development restrictions detailing the allowable
impervious surface limit(s)for the property after the E3MPSCM has been
approved by the County.
(7) The property owner, at its cost and expense, shall be required to execute and file
with the County a bond, or other form of acceptable security, to cover the cost of
removal of a BMPSCM, and any additional impervious surface area installed as
the result of its approval, in the event the BMP SCM is failed to be maintained in
accordance with the recorded operations agreement. The amount of the bond
shall be 110% of the estimated cost of removing the feature and impervious
surface area as certified by a licensed professional engineer or surveyor.
Orange County, North Carolina—Unified Development Ordinance Page 4-10
Article 5: Uses 25
Section 5.7: Standards for Recreational Uses
(iii) Access road(s)to the site, with an indication of type of proposed
surface;
(iv) On-site parking and roads, with an indication of type of proposed
surface; and
(v) All other requirements as indicated in section 2.5.
(2) Standards of Evaluation
(a) Unless public sewer is proposed to be extended, the adequacy for the
method of sewage disposal will be determined by the lot size and soil
suitability. Appropriate letters from the Orange County Environmental
Health Department, local jurisdictions and/or the State Division of
Environmental Management shall be submitted to indicate preliminary
approval.
(b) The landscape plan shall show how the facilities will be screened from
the adjacent properties. A Type D 50 foot buffer, as indicated in Section
6.8, shall be observed around the perimeter of the property. This buffer
shall be located outside of the required dimensional area indicated in d.
below.
(c) The site plan, as required in Section 2.7, shall be reviewed by the
Orange County Recreation and Parks Director.
(d) The depth of a range along the driving axis shall be not less than 350
yards measured from the locations of the tees and the breadth not less
than 200 yards at a distance of 350 yards from the tees.
(e) Service to customers shall be halted at dusk. Lighting of the driving and
practice range is not permitted.
5.7.4 Golf Courses
(A) Intent
The purpose of this Subsection is to protect natural, visual, and cultural resources by
regulating the location, planning, design, construction, operation, and maintenance of golf
courses and associated uses.
(B) Applicability
The standards contained herein shall apply to all new golf courses, whether proposed as
a principal use or as an accessory use which is part of a residential subdivision, or
included in a Conditional Use District or Conditional Zoning District.
(a) Notwithstanding the provisions of Section 8.6, golf courses which existed
prior to May 21, 1997, shall comply with the requirements of this article
when 50% or more of the total playable acreage of golf holes is
concurrently reconstructed or altered, or if 50% of playable acreage is
added to an existing course. Playable acreage includes all tees, greens,
fairways, and roughs measured as of May 21, 1997.
(b) Changes to Approved Special Use Permits
In accordance with Section 2.7.1, the Planning Director is authorized to
approve minor changes in the approved plans of Special Uses, provided
the changes are in harmony with the original approval. Before changes
to an approved Special Use Permit may be considered, updates of
submittal materials such as the environmental assessment, biological
inventory, or resources management plan may be required. In lieu of the
criteria established in Section 2.7.3, the following criteria shall be used to
determine when proposed changes to a Special Use Permit for a golf
course, shall require approval of the Board of County Commissioners:
Orange County, North Carolina—Unified Development Ordinance Page 5-66
Article 5: Uses 26
Section 5.7: Standards for Recreational Uses
(ii) A specific statement of the goals and objectives, i.e., exactly
what steps will be taken to compensate for lost habitat, etc.;
(iii) Detailed descriptions in the form of grading plans, construction
plans, and planting plans to illustrate how the objectives will be
carried out;
(iv) A monitoring and maintenance plan to measure success of the
mitigation based on stated objectives. Include a list of parties
responsible for monitoring and maintenance, a schedule for
each, and how results will be reported at least twice a year to the
Planning and Inspections Department;
(v) A plan showing how the site will be protected from impacts by
human and unwanted animal intrusion, alternate plant species
and construction methods that could be used in the event
adjustments or substitutions are needed until the mitigation area
is established; and
(vi) A financial guarantee is required for the total cost of the
mitigation project. Once the installation is complete, 30% of the
amount of the bond, letter of credit, or escrow will be held for 12
months or until the site is established, whichever is greater.
(E) Construction
(1) Drainage
(a) All drainage structures shall be installed and maintained according to the
approved Stormwater Management Plan.
(b) Golf courses that include StFU tUral ster,,,water m esstormwater
control measures (SCMs)shall comply with the requirements in Section
6.14 of this Ordinance.
(2) Grading and Erosion Control
(a) Plans for grading and erosion control must comply with standards
contained in this Ordinance and the Orange County Erosion and
Sediment Control Manual;
(b) Whenever practical, construction shall be phased to minimize
disturbance and sedimentation;
(c) Sediment control measures must be properly installed to filter sediment
from runoff during construction and shall be maintained until grading is
complete and a permanent vegetative cover has been established and
all slopes stabilized; and
(d) Permanent landscaping, groundcover, mulch, etc. must be installed as
soon as practical after construction activities for each phase are
completed.
(3) Solid Waste Management
(a) The Solid Waste Management Plan submitted as part of the Resources
Management Plan shall include the method(s)of disposal and recycling
of construction debris.
(F) Operation and Maintenance
(1) Integrated Pest Management(IPM)
(a) An integrated pest management plan (IPM)shall be established based
on site conditions, soils, pesticide properties and management practices.
Orange County, North Carolina—Unified Development Ordinance Page 5-71
Article 5: Uses 27
Section 5.8: Standards for Childcare&Educational Facilities
(c) The site has frontage and access on to a paved State maintained road.
The developer must show that the existing facilities have the capacity to
handle the additional traffic generated by the use or has an agreement
with NCDOT to upgrade the facility to accommodate expanded needs.
(d) Internal vehicular and pedestrian circulation is designed to encourage
smooth traffic flow and reduce hazards.
(e) All access roads and employee/visitor parking areas shall be paved.
(f) Development of the site as proposed would have no adverse impact
beyond the building, except for appropriate parking facilities.
(g) The floor area of a building or group of buildings housing a Non- Profit
Educational Cooperative shall not exceed the maximum floor area ratio
as permitted in Article 3 of this Ordinance.
(h) All buildings associated with the operation of the cooperative shall be
designed to be harmonious with the character of the zoning district and
neighborhoods in which it is proposed to be located.
(i) The applicant must demonstrate its compliance with the definition of
"Non-Profit Educational Cooperative" as contained in Article 10 of this
Ordinance.
5.8.4 Schools: Elementary, Middle and Secondary
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required in Sections 2.7.3 and 5.3.2, the following
information shall be submitted as part of the application:
(a) 26 copies of the site plan prepared in accordance with Section 2.7.3 of
this Ordinance and with the following additional information shown on the
plan:
(i) Total student capacity of school as designed;
(ii) Total number of employees at time of greatest shift;
(iii) Number and dimensions of designated parking spaces for school
buses;
(iv) Number of designated parking spaces for employees;
(v) Number of visitor parking spaces;
(vi) Number of student parking spaces;
(vii) Location of student drop off points with stacking spaces
identified;
(viii) Location of all proposed and future athletic fields and structures,
including:
a. Total number of seats for spectators, and
b. Location of concession stands, if any anticipated;
(ix) Proposed public roadway improvements; and
(x) Existing and proposed infrastructure improvements (water and
sewer).
(b) 26 copies of a Landscape and Tree Preservation Plan prepared in
accordance with Section 6.8 of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 5-81
Article 5: Uses 28
Section 5.8: Standards for Childcare&Educational Facilities
(iv) Provide barriers or fencing, and signage at the edge of habitat
buffers to prohibit vehicular and pedestrian access. Limited
access may be allowed if proposed in a sensitive manner for
environmental education purposes.
(d) Landscaping and Buffers
(i) Protection of Existing Vegetation
a. Existing vegetation shall be preserved as indicated on
the approved landscape plan in accordance with the
provisions of Section 6.8 of this Ordinance;
b. Tree protection measures shall be installed and
maintained between all areas of disturbance and trees to
be retained as shown on the approved landscape plan.
A detail of the tree protection barrier proposed shall be
included as part of the landscape plan submitted with the
application;
C. Corridors connecting habitats identified in the biological
inventory shall be preserved along streams, buffers, or
other wooded areas. If destroyed during construction,
such connections shall be restored using appropriate
plant materials;
d. Trees and stumps cleared for roads and building
construction shall either be used for timber purposes or
shredded for landscape mulch, composted, buried or
otherwise disposed of BUT NOT BURNED.
(ii) Berms, fences and landscaping walls may be used with plant
materials for screening, provided such features are designed and
located in harmony with other site features and functions;
(iii) To minimize visual impact by blending architecture into the
surrounding landscape, foundation plantings are required at all
freestanding entrance signs;
(iv) Use of xeriscaping principles.
(e) Stormwater Management
(i) A stormwater management plan shall be prepared and reviewed
in accordance with the provisions of Section 6.14 of this
Ordinance.
(f) Drainage
(i) All drainage structures will be installed and maintained according
to the approved Stormwater Management Plan.
(ii) School projects that include StFUGWral ster,nwater
rn easy esstormwater control measures (SCMs) shall comply with
Section 6.14 of this Ordinance.
(g) Grading and Erosion Control
(i) Plans for grading and erosion control shall comply with
standards contained in this Ordinance, the Orange County
Erosion and Sediment Control Manual, and, if applicable, The
North Carolina Erosion and Sedimentation Control Program
rules;
(ii) Construction shall be phased to minimize disturbance and
sedimentation;
Orange County, North Carolina—Unified Development Ordinance Page 5-83
Article 5: Uses 29
Section 5.17: Standards for Miscellaneous Uses
(c) The number and type of aircraft proposed to be stored including also the
storage areas for aircraft, fuel and motor vehicles, service areas for
aircraft.
(d) How on site fire and rescue services shall be provided and a letter from
the appropriate agency stating services are available and adequate to
protect the proposed facility.
(e) List land uses within the final approach zones of the airport.
(f) Certification that all Federal Aviation Administration (FAA) and State
standards and requirements have been met.
(2) Standards of Evaluation
(a) All F.A.A. and State regulations are met as a condition of approval.
(b) The site and its operation will not adversely affect existing adjacent land
uses.
(c) Land sufficient to provide approach zones and overrun areas is owned or
controlled by the applicant.
(d) Adequate land area is provided for all of the proposed uses, buildings
and storage areas.
(e) Screening of buildings, storage and maintenance areas is provided from
adjacent residential land.
(f) Letters from appropriate fire and rescue agencies that protective services
can be provided at an adequate level.
(g) Access shall be directly onto a State maintained road.
(h) Compatible land uses are located in the final approach areas of the
airport.
5.17.6 Major Subdivision
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required in Section 2.7, the following shall be
submitted as part of the application:
(a) Notification
Stamped envelopes addressed to each owner of property within 500 feet
of the property proposed for subdivision. The names and addresses of
property owners shall be based on the current listing as shown in the
Orange County Land Records system.
(b) Development Schedule
A statement, from the applicant, indicating the anticipated development
schedule for the build out of the project.
(c) Water and Wastewater
(i) If the proposed lots are to be served by a public water system,
proof of water supply and service availability in the form of a
certified copy of a resolution to that effect enacted by the
governing body of the water system providing the water to serve
the lots in the subdivision.
Orange County, North Carolina—Unified Development Ordinance Page 5-138
Article 5: Uses 30
Section 5.17: Standards for Miscellaneous Uses
(d) Landscaping and Buffers
(i) Existing vegetation shall be preserved as indicated on the
approved landscape plan in accordance with the provisions of
Section 6.8 of the this Ordinance;
(ii) Tree protection measures shall be installed and maintained
between all areas of disturbance and trees to be retained as
shown on the approved landscape plan. A detail of the tree
protection barrier proposed shall be included as part of the
landscape plan submitted with the application;
(iii) Corridors connecting habitats identified in the biological inventory
shall be preserved along streams, buffers, or other wooded
areas. If destroyed during construction, such connections shall
be restored using appropriate plant materials;
(iv) Trees and stumps cleared for roads and building construction
shall either be used for timber purposes or shredded for
landscape mulch, composted, buried or otherwise disposed of
BUT NOT BURNED.
(v) Berms, fences and landscaping walls may be used with plant
materials for screening, provided such features are designed and
located in harmony with other site features and functions;
(vi) To minimize visual impact by blending architecture into the
surrounding landscape, foundation plantings are required at all
freestanding entrance signs;
(vii) Use of xeriscaping principles.
(e) Stormwater Management
(i) A stormwater management plan shall be prepared and reviewed
in accordance with the provisions of Section 6.14 of this
Ordinance.
(ii) All drainage structures will be installed and maintained according
to the approved Stormwater Management Plan.
(iii) Subdivisions that include S+r,,,.+,,,-al st rW,wateF
m,,,easu esstormwater control measures (SCMs) shall comply
with Section 6.14 of this Ordinance.
(f) Grading and Erosion Control
(i) Plans for grading and erosion control comply with standards
contained in the Orange County Erosion and Sediment Control
Manual and this Ordinance;
(ii) Construction is phased to the extent practical to minimize
disturbance and sedimentation;
(iii) Sediment control measures will be properly installed to filter
sediment from runoff during construction and maintained until
grading is complete and a permanent vegetative cover has been
established and all slopes stabilized; and
(iv) Permanent landscaping, groundcover, mulch, etc. will be
installed as soon as practical after construction activities for each
phase are completed.
(g) Solid Waste Management Plan
Orange County, North Carolina—Unified Development Ordinance Page 5-142
Article 6: Development Standards 31
Section 6.13: Stream Buffers
(2) A minimum eight-foot vertical clearance must be maintained.
(3) Signs on awnings must be painted on or screen printed and limited to the
awning's flap (valance)or end panels.
(4) Canvas, treated canvas, matte finish vinyl, and fabric awnings are permitted.
(5) Plexiglas, metal, and glossy vinyl illuminated awnings are prohibited in the
Hillsborough EDD and strongly discouraged in the Buckhorn and Eno EDDs.
(F) Signage for Parks, Public and Non-profit; Recreational Facilities, Non-Profit;
Recreational Facilities, Golf Courses; and Recreational Facilities, Profit
Total sign area shall be limited to 500 square feet for all signs permitted herein, not
including Directional Signage erected in accordance with the provisions of this Section.
(G) Basic Sign Design Schedule for Hillsborough EDD
The following design schedule has been approved for the Hillsborough EDD:
TABLE 6.12.14.G: HILLSBOROUGH EDD SIGN DESIGN SCHEDULE
SYMBOLMAXIMUM . .
SIZE OF DEVELOPMENT MONUMENT SIGN HEIGHT
(ACRES) FASCIA LETTER
BORDER MONUMENT
SIZE SIZE •
0-4.9 24 6 18 50 6
5.0—19.9 30 9 24 100 8
Over20 36 12 36 150 10
(Dev. Name)
Major Tenants 72 24 - - -
Additional 24 6
Information
32 square feet of wall sign allowed per tenant unless building fagade exceeds 64'wide. For
Wall Signs frontages exceeding 64', 1/2 square foot of building frontage. No wall shall exceed 100 square
feet.
SECTION
6.13.1 Purpose
The purpose of the regulations included in this Section is to protect County water resources by
establishing minimum buffers adjacent to streams, rivers, water bodies and other water features
and limiting development and other land disturbing activities within those buffers.
6.13.2 Applicability
The stream buffer regulations and standards contained herein shall be applicable to all streams
and water features, as follows:
(A) Streams identified by any of the following means:
(1) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle
maps,
(2) Shown as water feature in the Orange County Soil Survey, or
(3) A water feature identified by a field determination of County staff trained in
surface water identification through the North Carolina Division of Water
QualifyEnvironmental Quality( QNCDEQ).
(B) Steam buffers shall extend around the perimeter of all water features if any portion of the
stream buffer of a stream touches the water feature. Disputes pertaining to water feature
decisions by County staff shall be filed directly to the NGDWQ.NCDEQ.
Orange County, North Carolina—Unified Development Ordinance Page 6-90
Article 6: Development Standards 32
Section 6.14: Stormwater Management
(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.
A 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 • -
6.14.1 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 Stermwater CentrelStormwater Control Measures (SCMs)
Orange County, North Carolina—Unified Development Ordinance Page 6-95
Article 6: Development Standards 33
Section 6.14: Stormwater Management
(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) StruGtural Stermwater MeasuresStormwater Control Measures (SCMs)
(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, StFU.tUral st rmwater
measuresSCMS, which capture stormwater for slow release through an outlet,
are required.
(2) Where required, GtFU tWal stem;wator m esSCMs shall be constructed in
accordance with this Section.
(C) Impervious Surface and Detention Pond Requirements
Orange County, North Carolina—Unified Development Ordinance Page 6-96
Article 6: Development Standards 34
Section 6.14: Stormwater Management
(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, Str,,,.tUral st r,,,water r esSCMs 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 plann.ng jurisdiction must comply with the
fellowing.New Development: — Formatte
(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 Divisien of Water Quality (NG rn VQ)Department
of Environmental Quality (NCDEQ), s
6 As previously indicated staff is changing existing references to reflect the renaming/rebranding of NC DWQ to the
North Carolina Department of Environmental Quality(NCDEQ).
Orange County, North Carolina—Unified Development Ordinance Page 6-97
Article 6: Development Standards 35
Section 6.14: Stormwater Management
(3) Ne net peak flew 'Paving the site from the predevelepment Genditiens
for the 1 year, 74_hour sto �
(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 BWQ DEQ
sStormwater_dDesign_mManual.$
MIi4LNew development that would exceed the nutrient loading rates set out+n
„bseGtOGr, (Av2) al-e ,eherein, shall include engineered stormwater controls
designed to have a mi^im i of 859_ aveFage annual r al f^rT-ot i
Primary and/or Secondary Stormwater Control Measure
(SCM) per NCDEQ requirements.
M(5) PrWosed new development may satisfy_the review criteria standards of this Formatte
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 Formatte
(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 hour, storm.'u
(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). . Formatte
6.14.7 Nutrient Load Formatte
(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)Jerdan Lake Watershed1z
(a) Upper T'e Greek rm
N+tregen, 2.2 peunds per-acre per year
Phosphorus, vcPvc`^uTP -a e per yea T
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.
8 For consistency purposes,staff is capitalizing references to the State's stormwater manual within the UDC.
9 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).
10 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.
11 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.
12 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.
Orange County, North Carolina—Unified Development Ordinance Page 6-98
Article 6: Development Standards 36
Section 6.14: Stormwater Management
(b) Haw River Arm
0) N+#F0gen, 3.8 pounds per aGFe per year
ri aG per ear
rrr� ^sp sTT 4 a d�er
(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 BWQDEQ.
(C) If a proposed development subject to nutrient load requirements contributes nutrients
greater than the standards listed above, the developer may install Structural stermwater
AMP-s stormwater control measures (SCMs) 13 to meet the required nutrient load
standards or do a combination of BMP--s 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) jerrdaR Lake Watershed
SoxSox neunrds per r, per year nitrogen fer single `tetaGhed
�TTasP � e� � i--rn-crvg �r-Sff�9T �a
and duplex residential development
/tT) Ter peuRds-peFaGFe peF yeaF RitFegeR feF other deyelepment
i nnluding nnmmerniel industrial nd multi family residential.
(2) Offset fees may be paid to the North Carolina EGGGYGtem Cnha3nGement Program
13 Nomenclature change to ensure consistency with State law.
Orange County, North Carolina—Unified Development Ordinance Page 6-99
Article 6: Development Standards 37
Section 6.14: Stormwater Management
(N Division of Mitigation Seryices14, approved private mitigation bank, or
other mitigation option as approved by the NC BVVQ 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 extent possible.
(3) Offset payment fees and calculation methods are determined by the NGDWQ
NCDEQ as approved by the North Carolina Environmental Management
Commission (EMC). The total amount of offset payment will be determined
based on current NC DWQ DEQ policy and regulation on a case by case basis.
(E) Permanent Nutrient Export Reduction Best Management Practices
(1) Allowable on-site structural stormwater BMPsstormwater control measures
(SCMs)for nutrient reduction shall include those listed in the current NC DWQ
DEQ Stormwater Best Management Practices Manual (Ste- -,wale,-BMP
Manu ) ^ "^s,s 15
(2) Design, maintenance and operation of stormwater ids SCMs shall follow
standards provided in the Stormwater BMP—Qesign 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 B SCMs, arA-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 16
(1) For all new development, there shall be no net increase in peak flow leaving the Formatte
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 ti Formatte
flow leaving the site from the predevelopment conditions consistent with 15 A Formatte
NCAC 02H.1002 (44)and the NCDEQ Stormwater Design Manual-
(C) Calculating Peak Runoff Volume Formatte
(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.
14 According to State staff NCEEP has been changed to the Division of Mitigation Services. Staff is updating the
reference(s)appropriately.
15 Modification of existing language to ensure consistency with new stormwater rules(15A NCAC 02H)which went
into effect on January 1,2017.
16 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.
Orange County, North Carolina—Unified Development Ordinance Page 6-100
Article 6: Development Standards 38
Section 6.14: Stormwater Management
6.14.9 Stormwater Management Plan
(A) Required Approval
The Erosion Control Officer shall not issue any permits for new development on any land
within Orange County subject to the provisions of this Section, unless and until a
Stormwater Management Plan has been reviewed and approved in accordance with
Section 2.21.1 of this Ordinance.
(B) Compliance with Requirements
Any person engaged in new development activities as defined by this Section who fails to
file a plan in accordance with this Ordinance, or who conducts any new development
except in accordance with provisions of an approved Stormwater Management plan shall
be deemed in violation of this Ordinance.
(C) Enforceable Restriction
Approval of the Stormwater Management plan shall require an enforceable restriction on
property usage that runs with the land, such as a recorded deed restriction or protective
covenants, to ensure that future development and redevelopment maintains the site
consistent with the approved Stormwater Management plan.
6.14.10 Operation and Maintenance of StruGtural Ster.,,..,ater nn,,.,suresStormwater Control
Measures (SCMs)
(A) Posting of Financial Security
All st r,,,wateF Gen+r„l StFU .+,,.orSCMs 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 StOF ,Water +r01 S+r,,,.+„roSCM, as estimated by
the applicant and approved by the County Engineer.
(i) Total Cost
a. The total cost of the stormwater control str, G+ roSCM
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 st rr~,water Gen+r l S+r,,G+„roSCM shall
not be prorated as part of a larger project, but shall be
costed as a separate project.
Orange County, North Carolina-Unified Development Ordinance Page 6-101
Article 6: Development Standards 39
Section 6.14: Stormwater Management
(c) Failure to Perform
(i) Upon default of the permit applicant to complete and/or maintain
the st r,,,wate,-,.entree StFU tUreSCM as spelled out in the
performance bond or other security, the County may obtain and
use all or any portion of the funds necessary to complete the
improvements based on an engineering estimate.
(ii) The Board shall return any funds not spent in completing the
improvements to the owning entity.
(2) Security for Maintenance of Required Improvements
(a) The permit applicant shall deposit with Orange County either cash or
other instrument approved by the County Attorney that is readily
convertible into cash at face value.
(b) The cash or security shall be in an amount equal to 15% of the total cost
of the ster,,,wate. +r„I S+r, GtLAFeSCM or the estimated cost of
maintaining the +, +o , ,n+ I gtrlint,-roSCM over a ten year period,
whichever is greater.
(i) Estimated Maintenance Costs
a. The estimated cost of maintaining theer
eSCM 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 st r,,,water GGRtFGI S+r, WreSCM 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
Orange County, North Carolina—Unified Development Ordinance Page 6-102
Article 6: Development Standards 40
Section 6.14: Stormwater Management
(iv) Emergency contact information.
(c) The Agreement shall require the owning entity to maintain, repair and, if
necessary, reconstruct the ster,,,wate.GeRtr„l StF tWeSCM in
accordance with the operation and management plan or manual
prepared by the developer.
(d) The Operations and Maintenance Agreement shall be signed and
notarized and filed with the Orange County Register of Deeds.
(e) In residential subdivisions where a Homeowner's Association will be
assuming responsibility for all permanent structural stormwater
rneasu esSCMs, 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 StFU tUral st r,,,water
measuresSCMS may be released.
(f) The owner of each st r,,,water RnnoSCM, whether engineered
ster,,,water GE)RtFE)l or non-engineered st r,,,water,.ORtF I, shall maintain
it so as not to create or result in a nuisance condition.
(g) Every engineered ster.,,water GE)Rtr„ISCM 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 stermwater Gentro'SCM 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 st r,,,water,entr l StF tWeSCM, 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.
Orange County, North Carolina—Unified Development Ordinance Page 6-103
Article 6: Development Standards 41
Section 6.14: Stormwater Management
(c) The Plan shall clearly indicate the steps that will be taken for restoring a
st„rrnwatw GE)Rtr„l StFUGt„FeSCM to its design specifications if a failure
occurs.
(3) Landscaping and Grounds Maintenance
(a) Landscaping and grounds maintenance shall be the responsibility of the
owning entity.
(b) Vegetation shall not be established or allowed to mature to the extent
that the integrity of the control structure is diminished or threatened, or to
the extent of interfering with any easement or access to the sty,mooater
st��,uctu eSCM.
(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
st,,,-,,water StFUGt„reSCM.
(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 st rmwatw GGRtFGI StFUGt„ eSCM and the operations
and maintenance plan or manual.
(C) Inspections and Release of Sureties
(1) County Inspection and Review
(a) The st„r,nwateF GeRtr„l StFUGtUFeSCM 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
st„r,, wateF Gentr„l Str, Gt„roSCM 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 st,,,-.nwateF Gentr l
StFUGtYMSCM.
(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
Orange County, North Carolina—Unified Development Ordinance Page 6-104
Article 6: Development Standards 42
Section 6.14: Stormwater Management
(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
st r,,,wateF GGRtr I S+r, +„roSCM to determine whether the controls are
performing as designed and intended.
(c) The Erosion Control Officer shall present the petition, inspection report
and recommendations to the Board of County Commissioners.
(d) Board of County Commissioners Review
(i) If the Board of County Commissioners approves the report and
accepts the petition, the developer shall deposit with Orange
County a cash amount equal to that described in Section
6.14.10(C)(5), after which, the Board of County Commissioners
shall release the performance bond or other security.
(ii) If the Board of County Commissioners does not accept the report
and rejects the petition, it shall provide the developer with
instructions to correct any deficiencies and all steps necessary
for the release of the performance bond or other security.
(4) Annual Inspection Required
(a) All stor.,,water struct resSCMs 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 ster,,,water Gentrel StFUG FeSCM.
(d) The Erosion Control Officer will inspect each ster,,water Rnno 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.
Orange County, North Carolina—Unified Development Ordinance Page 6-105
Article 6: Development Standards 43
Section 6.14: Stormwater Management
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 st„r., water Gentrel
struGtureSCM and/or the operation and maintenance plan or manual may be
approved by the Erosion Control Officer, provided that the changes do not
involve a change in the size or location of the structure.
(2) Proposed changes shall be prepared by a North Carolina registered professional
engineer or landscape architect(to the extent that the General Statutes, Chapter
89A, allow)and submitted for review by the Erosion Control Officer.
(3) Erosion Control Officer Review
(a) If the Erosion Control Officer approves the proposed changes, the
owning entity of the stormwater control structure shall file sealed copies
of the revisions with the Erosion Control Officer.
(b) If the Erosion Control Officer disapproves the changes, the proposal may
be revised and resubmitted as a new proposal. If the proposal has not
been revised and is essentially the same as that already reviewed, it
shall be returned to the applicant.
(c) The Erosion Control Officer shall report any such revisions to the Board
of County Commissioners at the next available regular meeting.
(B) Major Amendments to Plans and Specifications
(1) Amendments to the plans and specifications of the st„r,nwateF GGRtr„
eSCM and/or the operation and maintenance plan or manual which
involve a change in the size or location of the structure may be approved by the
Board of County Commissioners after receiving a recommendation from the
Erosion Control Officer.
(2) Proposed changes shall be prepared by a North Carolina registered professional
engineer or landscape architect (to the extent that the General Statutes, Chapter
89A, allow) and submitted to and reviewed by the Erosion Control Officer.
(C) Revision of Plans Found to be Inadequate
If the County finds that the operations and maintenance plan or manual is inadequate for
any reason, the owning entity shall be notified of any required changes and shall prepare
and file copies of the revised agreement with the Orange County Register of Deeds, the
Erosion Control Officer, and the owning entity.
6.14.12 Stormwater Discharges
(A) Applicability
The regulations contained herein shall be applicable to all new development and existing
projects within the County planning jurisdiction.
(B) In General
(1) Orange County herein establishes methods for controlling the introduction of
pollutants into the stormwater collection system or receiving waters.
(2) No person shall discharge or cause to be discharged into the stormwater
collection system or receiving waters 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.
(3) Orange County Planning and Inspections shall collect information related to
stormwater discharges from all applicable sources within its jurisdiction.
(C) Allowable Discharges
Orange County, North Carolina—Unified Development Ordinance Page 6-106
Article 9: Enforcement 44
Section 9.9: Stormwater Management
(2) The action shall be brought in the Superior Court of Orange County.
(B) Order to Cease Violation
(1) Upon determination by a court that an alleged violation is occurring or is
threatened, the court shall enter any order or judgment that is necessary to abate
the violation, to ensure that restoration is performed, or to prevent the threatened
violation.
(2) 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 the soil erosion and sedimentation control provisions of this
Ordinance.
9.8.4 Restoration of Areas Affected by Failure to Comply
(A) The County may require a person who is engaged in a land-disturbing activity and failed
to retain sediment generated by the activity, as required by N.C.G.S. 113A-57(3), to
restore the waters and land affected by the failure so as to minimize the detrimental
effects of the resulting pollution by sedimentation.
(B) This authority is in addition to any other civil or criminal penalty or injunctive relief
authorized under this Ordinance.
9.8.5 Revocation of Land Disturbing Permit
(A) Whenever a person conducting a land-disturbing activity is not complying with the soil
erosion and sedimentation control provisions of this Ordinance, the Land Disturbing
Permit, the Approved Erosion Control Plan or any amendments to the Erosion Control
Plan, the Erosion Control Officer may revoke the Land Disturbing Permit for the site.
(B) Notice of Revocation shall be sent by registered or certified mail to the person conducting
the land-disturbing activity. In the event delivery cannot be accomplished by registered or
certified mail, it may be accomplished in any manner provided in Rule 4 Q) of the North
Carolina Rules of Civil Procedure.
(C) Upon receipt of the Revocation Notice, the person responsible must immediately order all
land-disturbing activities to cease except those which are specifically directed towards
bringing the site into compliance with the soil erosion and sedimentation control
provisions of this Ordinance.
(D) Once the site has been inspected and remedial work approved by the Erosion Control
Officer, the responsible party may reapply for a Land Disturbing Permit and pay the
appropriate fee.
(E) Resumption of land disturbing activities other than those necessary to bring the site back
into compliance with the soil erosion and sedimentation control provisions of this
Ordinance before the reissuance of the Land Disturbing Permit shall constitute a violation
of the Ordinance.
(F) The person conducting the land-disturbing activity may appeal the revocation of a Land
Disturbing Permit following procedures set out in Section 2.27 of this Ordinance.
SECTION 9.9: STORMWATER MANAGEMENT Inspections and Investigations
(A) Site Inspections
(1) Agents, officials, or other qualified persons authorized by the County will
periodically inspect on-site BMPs stormwater control measures (SCMs) and
illegal discharges to ensure:
Orange County, North Carolina—Unified Development Ordinance Page 9-12
Article 9: Enforcement 45
Section 9.9: Stormwater Management
(a) Compliance with the North Carolina Sedimentation Pollution Control Act
of 1973 ("Act" in this Section), this Ordinance, or rules or orders adopted
or issued pursuant to this Ordinance;
(b) The measures required in the Stormwater Management plan being
constructed in accordance with the approved plan.
(c) The permanent BMPs SCMs are not in need of any maintenance
including, but not limited to, the following:
(i) Mowing of vegetation,
(ii) Vegetation re-establishment,
(iii) Tree removal (especially from wet detention ponds),
(iv) Stabilization of any eroding areas, and
(v) Structural (pipe, riser, dam, etc) repair.
(2) Notice of the right to inspect shall be included in the letter of approval of each
Stormwater Management Plan.
(B) Authority to Enter Property and Conduct Investigations and Inspections
(1) No person shall willfully 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 R�ADSCM.
(2) 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 BMPSCM.
(3) No person shall refuse entry or access to any authorized representative or agent
of the County who requests 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.
(C) Notice of Violation
(1) If it is determined that a person responsible for construction or maintenance of
any permanent on-site BMPSCM, 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.
(2) The notice may be served by any means authorized under N.C.G.S. 1A-1, rule 4.
(3) 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.
(4) No time period for compliance need be given for encroaching on the riparian
buffer or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying out their official duties.
(5) Any person who fails to comply within the time specified is subject to the civil and
criminal penalties provided in this Ordinance.
(6) 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.
(D) Authority to Require Statements
Orange County, North Carolina—Unified Development Ordinance Page 9-13
Article 9: Enforcement 46
Section 9.9: Stormwater Management
(1) The Erosion Control Officer shall have the authority to require written statements,
or the filing of reports under oath, with respect to pertinent questions relating to
stormwater management activities.
(E) Stop Work Orders
(1) Whenever any person is violating the stormwater management provisions of 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 these regulations, issue a stop work order for
the site on which the violation has occurred.
(2) 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 the stormwater management
provisions of this Ordinance.
(3) Notice of the stop work order shall be in writing, directed to the person
conducting the stormwater management activity in violation of the provisions of
this Ordinance and shall state the reasons for the issuance of the order, and the
conditions under which work may be resumed.
(4) Notice shall be given by registered or certified mail.
(5) 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.
9.9.2 Penalties
(A) Civil Penalties
(1) Assessment of Penalties
(a) Any person who violates any of the stormwater management provisions
of this Ordinance or rules or orders adopted or issued pursuant to these
regulations, or who fails to install, or complete any permanent on-site
Nitrogen Reduction BMP stormwater control measure (SCM)_or fails to
conduct required maintenance on any permanent on-site BMPSCM, or
fails to remove an identified Illegal Discharge shall be subject to a civil
penalty.
(b) The maximum civil penalty for a violation is $5,000 per day.
(c) 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.
(d) No time period for compliance need be given for failure to submit a
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.
(e) Each day of a continuing violation shall constitute a separate violation.
(2) Demand for Payment of Penalty
(a) The Board of County Commissioners shall notify the person who is
assessed the civil penalty of the amount of the penalty and the reason
for assessing the penalty.
Orange County, North Carolina—Unified Development Ordinance Page 9-14
Article 10: Definitions 47
Section 10.1: Definitions
Area of Future-Conditions Flood Hazard
The land area that would be inundated by the 1-percent-annual-chance (100-year)flood based on future-
conditions hydrology.
Assembly/Packaging Operation
Assembly and packaging of merchandise for distribution by mail or carrier.
Auditorium
A place of assembly to watch and/or to hear athletic events, musical performances, dramatic or dance
performances, speeches and/or ceremonies. The term is intended to include such uses as stadiums,
coliseums, athletic centers, theaters and arenas.
Bed and Breakfast Inn
See "Rural Guest Establishments."
Base flood
The flood having a 1% chance of being equaled or exceeded in any given year. It is often referred to as
the 100-year flood.
Base flood elevation (BFE)
A determination of the water surface elevations of the base flood as published in the Flood Insurance
Study. When the BFE has not been provided in a "Special Flood Hazard Area" it may be obtained from
engineering studies available from a Federal, State, or other source using FEMA approved engineering
methodologies. This elevation, when combined with the "Freeboard" establishes the "Regulatory Flood
Protection" elevation.
Basement
Any area of the building having its floor sub grade (below ground level)on all sides.
Rest Management DraG ftes (gMpS)17
non peint SE)61FGe pellutien te reGeiving waters On erder tE) aGhieve water quality pFeteGtien geals. (See
alse, Detention Pend and Engineered 2-termi.vater Controls) (Unless etherwise speGified, "BMP", wheR
used On this QrdmnanGe refers to stri infi Ural BMPS )
Biosolids
Solid, semi-solid, or liquid residue (sewage sludge) generated during primary, secondary or advanced
wastewater treatment processes of domestic sewage that is treated to state and/or federal standards for
beneficial use (such as land application as fertilizer).
Buffer
A screening device used to moderate the adverse impacts of one land use upon another. Buffers may
include walls, hedges, landscaped areas, berms, additional setbacks, or combinations of the above.
Buffer, Stormwater
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.
Building Definitions
(See Structure, Structural Alterations, Mobile Home, Recreational Vehicle.)
Building Height
17 This definition of'BMP' is no longer consistent with State references. The term is now referred to as Stormwater
Control Measure(SCM). The definition has been relocated accordingly.
Orange County, North Carolina-Unified Development Ordinance Page 10-4
Article 10: Definitions 48
Section 10.1: Definitions
permanent construction of a structure (including a manufactured home)on a site, such as the pouring of
slabs or footings, installation of piles, construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading, and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or
the erection of temporary forms; nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of the building, whether or not that alteration affects the external dimensions
of the building.
State Agency
Every department, agency, institution, public authority, board, commission, bureau, division, council,
member of Council of State, or officer of the State government of the State of North Carolina.
State Clearinghouse
The clearinghouse agency established by the North Carolina Department of Administration under the
North Carolina Environmental Policy Act.
State Mandate
The minimum Rules adopted by the Environmental Management Commission for application to North
Carolina's water supply watersheds, as required by the Water Supply Watershed Protection Act. The
purpose of the Act, as stated in its opening paragraph, is "... to protect and enhance the quality of the
State's surface water supplies by establishing a cooperative program of water supply protection to be
administered by local governments consistent with statewide management requirements established by
the Environmental Management Commission (EMC)." (See related definition "Water supply watershed").
Stockyard / Livestock Market
A facility where livestock are kept temporarily awaiting purchase and/or transport; such facilities may
include enclosed pavilions, grandstands, paddocks, and stalls.
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 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).
Stormwater Control Measure (SCM)18
A structural or non-structural management-based practice used singularly or in combination to reduce ti Formatte
non-point source pollution to receiving waters in order to achieve water quality protection and water Formatte
quantity limitation goals. (See also, Detention Pond and Engineered Stormwater Controls) Mnless
eI.e. ..se _Pe, ae� nnn� ..,her �erJ n +hio nrdon;;.,re refe. to +. + ai RnnP� The term takes Formatte
the place of what was originally referred to, and defined as a `Best Management Practice or NFormatte
`BMP'" =Formattle
Stream
A body of concentrated flowing water in a natural low area or natural channel on the land surface \ Formatte
�Formattic
matte
Stream Buffer
18 This is the former definition of BMP now referred to as a SCM.
19 Red Bold Text denotes recommended new language. Stormwater management programs are intended to
address water quantity(i.e. how much water can leave a site)and water quality(i.e. removal of nutrients) issues.
The definition is being modified to ensure this distinction is properly captured.
20 Language being eliminated as it is now redundant given the change in terminology.
Orange County, North Carolina—Unified Development Ordinance Page 10-53
Article 10: Definitions 49
Section 10.1: Definitions
An area of land adjacent to a stream or a FEMA-identified floodplain, whichever is greater, which, except
as permitted within this Ordinance, must remain undisturbed in its natural state. Streams are identified by
any of the following means:
a) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle maps,
b) Shown as a water feature in the Orange County Soil Survey, or
c) A water feature identified by a field determination of County staff trained in surface water
identification through the North Carolina Division of Water Qualit Quality
( QNCDEQ).
Stream buffers shall extend around the perimeter of all other water features if any portion of the stream
buffer touches the water feature. Disputes pertaining to water feature identification decisions by County
staff shall be filed directly to the QNCDEQ.
Stream, Ephemeral (Stormwater)
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.
Stream, Intermittent
A well defined channel that contains water for only part of the year, typically during winter and spring
when the aquatic bed is 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.
Stream, Modified Natural
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.
Stream Order
A ranking of the relative sizes of streams within a watershed based on the nature of their tributaries. The
smallest unbranched tributary is called first order, the stream receiving the tributary is called second
order, and so on.
Stream, Perennial
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.
Street
A way for vehicular traffic whether designated as a street, highway, thoroughfare, parkway, throughway,
freeway, road, avenue, boulevard, lane, place or however otherwise designated.
Street, Alley
A minor way used primarily for vehicular access to the rear or side of properties otherwise abutting a
street at the front, and which is not intended for general circulation.
Street, Arterial
A street used primarily for through traffic, usually on a continuous route. These streets carry high
volumes of traffic, in excess of 1,200 trips per day. For purposes of these regulations such streets
include those so designated in the Comprehensive Plan or element thereof.
Street, Collector
Orange County, North Carolina—Unified Development Ordinance Page 10-54