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Home My WebLink About5.4.22 Planning Board Packet ORANGE COUNTY PLANNING DEPARTMENT 131 W. MARGARET LANE, SUITE 201 HILLSBOROUGH, NORTH CAROLINA 27278 fb All 17 52 3d a �rr4 (Cato, AGENDA ORANGE COUNTY PLANNING BOARD ORANGE COUNTY WEST CAMPUS OFFICE BUILDING 131 WEST MARGARET LANE— LOWER LEVEL CONFERENCE ROOM (ROOM #004) I-IILLSBOROUGH, NORTH CAROLINA 27278 Wednesday, May 4, 2022 Regular Meeting — 7:00 pm No. Page(s) Agenda Item 1. CALL TO ORDER 2. ADMINISTER OATH OF OFFICE TO TWO NEWLY APPOINTED MEMBERS INFORMATIONAL ITEMS 3. 3 - 4 a. Planning Calendar for May and June 4 APPROVAL OF MINUTES 5 — $ March 2, 2022 Regular Meeting Minutes 5. CONSIDERATION OF ADDITIONS TO AGENDA 6. PUBLIC CHARGE Introduction to the Public Charge The Board of County Commissioners, under the authority of North Carolina General Statute, appoints the Orange County Planning Board (OCPB)to uphold the written land development laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and harmonious development. OCPB shall do so in a manner which considers the present and future needs of its residents and businesses through efficient and responsive process that contributes to and promotes the health, safety, and welfare of the overall County. The OCPB will make every effort to uphold a vision of responsive governance and quality public services during our deliberations, decisions, and recommendations. Public Charge The Planning Board pledges its respect to all present. The Board asks those attending this meeting to conduct themselves in a respectful, courteous manner toward each other, County staff, and Board members. At any time should a member of the Board or the public fail to observe this charge, the Chair will take steps to restore order and decorum. Should it become impossible to restore order and continue the meeting, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. The Planning Board asks that all electronic devices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate. Please be kind to everyone. 7. CHAIR COMMENTS No. Page(s) Agenda Item 8. 9 — 160 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS — EROSION & SEDIMENTATION CONTROL, STORMWATER, AND PERFORMANCE GUARANTEE PROVISIONS - To make a recommendation to the BOCC on proposed amendments to the UDO pertaining to provisions for erosion & sedimentation control, stormwater, and performance guarantees. This item was introduced at the August 4, 2021 ORC meeting and is scheduled for BOCC public hearing on June 7, 2022 Presenter: Chris Sandt, Staff Engineer 9. ADJOURNMENT Written Comments Interested persons who cannot attend the meeting in-person are invited to submit written comments on agenda items to the Planning Board via email at plan ningboard .orangecountync.gov no later than 3:00 p.m. on the afternoon of the meeting. Please include in the Subject line of the email the title of the agenda item your comment pertains to. Emails sent to this address are viewable on Google Groups: https://groups.google.com/g/ocplanningboard Written comments can also be dropped off at the Planning Department's offices at 131 W. Margaret Lane, 2nd floor, Hillsborough, NC during normal business hours (8:00 a.m. to 5:00 p.m. Monday through Friday). Written comments will be scanned and sent by staff to the email address indicated above. Review Process The Planning Board is an appointed volunteer advisory board which makes recommendations to the Board of County Commissioners (the elected officials). The Board of County Commissioners holds a formal public hearing and makes decisions. Section 2.8 of the County's Unified Development Ordinance contains a flowchart depicting the entire review process for rezoning and text amendment applications. 3 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 BOCC Planning Board Business 7:00 pm* Meeting 7 pm West Campus Office Bldg. Whitted Building 8 9 10 11 12 13 14 Board of BOCC Budget BOCC Budget Adjustment Public Hearing Work Session 7:00 pm & BOCC 7 pm Work Session Whitted Bldg. 7 pm Whitted Building Whitted Bldg. 15 16 17 18 19 20 21 OUTBoard/TAS BOCC Budget Meeting Work Session 6:30 pm 7 pm West Campus Whitted Office Bldg. Building 22 23 24 25 26 27 28 BOCC BOCC Budget Business Work Session Meeting 7 pm 7 pm Whitted Whitted Building Building 29 30 31 Notes: • *Planning Board Member Attendance Required Planning Board meetings are held in the Lower Level Conference Room 004 of the West Campus Office Building located at 131 W. Margaret Lane Hillsborough NC 27278 4 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 Notes: *Planning Board Member Attendance Required Planning Board BOCC Budget Meeting Public Hearing Planning Board meetings are held in the Lower 7:00 pm* 7:00 pm Level Conference Room 004 of the West Campus Office Building located at 131 W. Margaret Lane West Campus Whitted Hillsborough NC 27278 Office Bldg. Building 5 6 7 8 9 10 11 BOCC BOCC Budget Business Work Session Meeting 7:00 pm 7:00 pm Whitted Whitted Building Building 12 13 14 15 16 17 18 Board of OUTBoard/TAS Adjustment Meeting 7:00 pm 6:30 pm Whitted Bldg. West Campus Office Bldg. 19 20 21 22 23 24 25 BOCC :• • Business Meeting 7:00 pm :• Whitted Building 26 27 28 29 30 31 5 DRAFT 1 MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 MARCH 2,2022 4 REGULAR MEETING 5 (Due to current public health concerns, this meeting was held virtually. 6 Members of the Planning Board, staff and public participated remotely) 7 8 MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative;Adam Beeman (Vice-Chair), Cedar 9 Grove Township Representative; Lamar Proctor, Cheeks Township Representative; Kim Piracci, Eno Township 10 Representative; Statler Gilfillen,At-Large Representative; Randy Marshall,At-Large Representative; Susan Hunter, Chapel 11 Hill Township Representative;Whitney Watson,At-Large Representative; Melissa Poole, Little River Township 12 Representative;Alexandra Allman,At-Large Representative; Charity Kirk,At-Large Representative; 13 14 MEMBERS ABSENT: Carrie Fletcher, Bingham Township Representative; 15 16 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Coordinator;Tina Love,Administrative 17 Support 18 19 OTHERS PRESENT: Kenton Wiles, Henry Webb,Jackson Poole 20 21 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 22 Chair David Blankfard called the meeting to order. 23 24 AGENDA ITEM 2: ELECTION OF CHAIR AND VICE-CHAIR FOR 2022 25 26 David Blankfard: Do we have any nominations or volunteers for Vice-Chair. 27 28 Statler Gilfillen: I can make time if you want. 29 30 Charity Kirk: I nominate Statler. 31 32 Adam Beeman: I'll second 33 34 Kim Piracci: I'll nominate Lamar for Vice-Chair. 35 36 Melissa Poole: I'll second 37 38 Statler: I'll withdraw my name to make it easier and we don't have to vote for or against anyone. 39 40 Melissa Poole: I'll nominate Adam Beeman as Chair. 41 42 Lamar Proctor: I'll second. 43 44 Adam Beeman: Ok, roll call to vote for Adam Beeman as Chair and Lamar Proctor as Vice-Chair. 45 46 David Blankfard Yes 47 Whitney Watson Yes 48 Melissa Poole Yes 49 Susan Hunter Yes 50 Charity Kirk Yes 51 Statler Gilfillen Yes 52 Lamar Proctor Yes 53 Kim Piracci Yes 54 Adam Beeman Yes 55 Delores Bailey Yes 56 Randy Marshall Yes 57 MOTION PASSED UNANIMOUSLY 6 DRAFT 58 59 AGENDA ITEM 3: INFORMATION ITEMS 60 a. Planning Calendar for Marchand April 61 b. Kim Piracci's second full term expires March 31, 2022 62 c. Planning Director Craig Benedict is retiring April 1, 2022 63 64 The Planning Board thanked Kim Piracci for her service 65 66 The Planning Board and Craig Benedict discussed his upcoming retirement and the Board thanked him for his service to Orange 67 County 68 69 Delores Bailey introduced herself to the Planning Board 70 71 AGENDA ITEM 4: APPROVAL OF MINUTES 72 December 1, 2021 Regular Meeting Minutes 73 74 MOTION BY Randy Marshall to approve the December 1, 2021 Regular Meeting Minutes. Seconded by Melissa Poole. 75 76 ROLLCALL VOTE: 77 Adam Beeman Yes 78 David Blankfard Yes 79 Whitney Watson Yes 80 Melissa Poole Yes 81 Susan Hunter Yes 82 Charity Kirk Yes 83 Statler Gilfillen Yes 84 Lamar Proctor Yes 85 Kim Piracci Yes 86 Delores Bailey Yes 87 Randy Marshall Yes 88 MOTION PASSED UNANIMOUSLY 89 90 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA. 91 There were none 92 93 AGENDA ITEM 5: PUBLIC CHARGE 94 95 INTRODUCTION TO THE PUBLIC CHARGE 96 The Board of County Commissioners, under the authority of North Carolina General Statute, appoints the 97 Orange County Planning Board (OCPB) to uphold the written land development law of the County. The 98 general purpose of OCPB is to guide and accomplish coordinated and harmonious development. OCPB shall 99 do so in a manner, which considers the present and future needs of its citizens and businesses through 100 efficient and responsive process that contributes to and promotes the health,safety,and welfare of the overall 101 County. The OCPB will make every effort to uphold a vision of responsive governance and quality public 102 services during our deliberations, decisions, and recommendations. 103 104 PUBLIC CHARGE 105 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its citizens to 106 conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any 107 time, should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the 108 offending member to leave the meeting until that individual regains personal control. Should decorum fail to 109 be restored,the Chair will recess the meeting until such time that a genuine commitment to this public charge 110 is observed. 111 112 AGENDA ITEM 6: CHAIR COMMENTS 113 There were none 114 7 DRAFT 115 AGENDA ITEM 7: MAJOR SUBDIVISION PRELIMINARY PLAT REVISION —To review and make a recommendation to the on a 116 revision to a previously approved Preliminary Plat for a Major Subdivision called the Lodges of Chapel Hill. 117 The 12-lot subdivision on 43.87 acres has begun development but, due to an NCDOT decision, the 118 proposed road must be changed from a public road to a Class A private road. The subdivision is located off 119 of Damascus Church Road in Chapel Hill Township and encompassed two PINs: 9777029266 and 120 9777110563. 121 PRESENTER: Perdita Holtz, Planner III 122 123 Perdita Holtz reviewed this item with a PowerPoint presentation and the developer, Kenton Wiles spoke about the plans. 124 125 MOTION BY Charity Kirk to recommend approval of the draft Resolution of Approval as contained in Attachment 4. Seconded 126 by Melissa Poole. 127 128 ROLLCALL VOTE: 129 David Blankfard Yes 130 Melissa Poole Yes 131 Susan Hunter Yes 132 Charity Kirk Yes 133 Statler Gilfillen Yes 134 Lamar Proctor Yes 135 Kim Piracci Yes 136 Delores Bailey Yes 137 Randy Marshall Yes 138 Adam Beeman Yes 139 MOTION PASSED UNANIMOUSLY 140 Whitney Watson's internet connections was disconnected and he was not able to remain in the meeting. 141 142 AGENDA ITEM 9: ADJOURNMENT 143 Meeting was adjourned by consensus at 7:39 p.m. 144 145 146 Adam Beeman, Chair 9 ORANGE COUNTY PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT Meeting Date: May 4, 2022 Action Agenda Item No. 8 SUBJECT: Unified Development Ordinance Text Amendments — Erosion & Sedimentation Control, Stormwater, and Performance Guarantees DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: (919) 1. Statement of Approval and Christopher J. Sandt, Staff Engineer Consistency 245-2583 2. Proposed Unified Development Ordinance (UDO) Amendments (have not yet received final approval by the County's legal staff) 3. Meeting Notes —August 4, 2021 ORC Meeting PURPOSE: To review and make a recommendation to the Board of County Commissioners (BOCC) on County-initiated amendments to the Unified Development Ordinance (UDO) designed to: a. Ensure that County regulations are consistent with NC General Statute (NCGS) Chapter 160D-804.1 related to the acceptance of performance guarantees; b. Update existing erosion and sedimentation control (E&SC) and stormwater management terms/regulations to coincide with 15A NCAC Chapter 4 (Sedimentation Control Rules), 15A NCAC 02H .1000 through .1062 (Stormwater Management Rules), the most current North Carolina (NCDEQ) Erosion and Sediment Control Planning and Design Manual, and the most current version of the North Carolina (NCDEQ) Stormwater Design Manual; c. Ensure that County implementation of state Rules conforms with the state's most current Model Ordinances related to E&SC and stormwater management; d. Clarify/refine County requirements for Stormwater Control Measure (SCM) performance guarantees and eliminate County requirements for SCM maintenance guarantees (as SCM maintenance monitoring is inherent to the required annual and 5-year SCM inspections). BACKGROUND: As Planning staff pointed out during the adoption process for the UDO amendments related to NCGS 160D, adopted on May 18, 2021, additional necessary amendments related to performance guarantees had commenced and were moving forward on a separate path for adoption consideration in late summer or fall. The Ordinance Review Committee (ORC) reviewed a previous version of these UDO amendments at the August 4, 2021 Planning Board meeting (see meeting notes in Attachment 10 3). This current version includes everything previously presented to the ORC and includes additional necessary amendments as detailed in b and c above. The proposed UDO amendments specifically seek to: • Revise performance guarantee requirements for both subdivisions and stormwater management; • Provide more equitable Land Disturbing Permit (aka grading permit) timeframes; and • Update erosion and sedimentation control and stormwater management terms, definitions, requirements and standards so they are consistent with the most current North Carolina Department of Environmental Quality (NCDEQ) rules/guidance. Planning and County Attorney staff are still in the process of finalizing UDO amendments to comply with the new legislation with the aim of leaving existing processes as unchanged as possible while also conforming the UDO to statutes and state rules. The amendment packet in Attachment 2 has not received final approval by the County's legal staff. If substantive changes are made to the amendments as a result of the continuing review process by various entities, Planning staff will bring the amendment package back to the Planning Board. In order to maintain forward momentum in taking the amendments through the established process, the proposed amendments would not come back to the Planning Board for further review if the on- going review process were to result in only minor edits that do not affect the substance of the regulations. Joint Planning Area (JPA) Review: In accordance with the Joint Planning Agreement with the Towns of Chapel Hill and Carrboro, the amendment package was sent to Town staffs on April 12, 2022 and again on April 25, 2022. To date, no formal JPA comments have been received. Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Approval and Consistency indicating the text amendments are reasonable and in the public interest, as contained in Attachment 1. 2. Amendments to the Unified Development Ordinance (UDO), as contained in Attachment 2. FINANCIAL IMPACT: Existing County staff has and will continue to accomplish the necessary tasks associated with updating the UDO in response to the State legislation. RECOMMENDATION(S): The Planning Director recommends the Board: 1. Review the proposed amendments and deliberate as desired, 2. Consider the Planning Director's Recommendation, and 3. Make a recommendation to the BOCC on the Statement of Approval and Consistency (Attachment 1) and the proposed UDO text amendments (Attachment 2) in time for the June 7, 2022 BOCC meeting. 11 Attachment 1 STATEMENT OF APPROVAL AND CONSISTENCY OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH ADOPTED ORANGE COUNTY PLANS Orange County has initiated amendments to the Unified Development Ordinance (UDO) in response to ensuring that County regulations are consistent with NC General Statute (NCGS) Chapter 160D-804.1 (Performance Guarantees), NC Administrative Code (NCAC) Title 15A Subchapter .0277 (Falls Reservoir Water Supply Nutrient Strategy), NCAC Title 15A Subchapter 02B .0711 (Neuse Nutrient Strategy), NCAC Title 15A Chapter 04 (Sedimentation Control), NCAC Title 15A Subchapter 02H .1000 through .1063 (Stormwater Management), the North Carolina State Sedimentation Control Commission's most current Model Local Ordinance for Soil Erosion and Sedimentation Control, and the North Carolina Division of Water Resources' (NCDWR's) most current Model Stormwater Ordinances. The Planning Board hereby recommends approval of the proposed text amendment and finds: a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1.1.7 Conformance with Adopted Plans of the UDO and to Section 160D-604(d) Planning board review and comment — Plan consistency and Section 160D-605(a) Governing board statement — Plan consistency 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: • Land Use Goal 6 of the 2030 Comprehensive Plan — A land use planning process that is transparent, fair, open, efficient, and responsive. These amendments are consistent with this goal and objective by ensuring that County regulations are consistent with the most current State laws and State guidance documents pertaining to erosion and sedimentation control and stormwater management while also maintaining the intent of existing regulations. By adopting the amendment, the County will be operating in accordance with the authorities granted to it by the State. c. The amendment is reasonable and in the public interest because it: 1. Ensures legal sufficiency by conforming the County's land development regulations to State of North Carolina General Statutes and guidance documents. The Planning Board hereby adopts this Statement of Approval and Consistency as well as the findings expressed herein. Adam Beeman, Chair Date 12 Attachment 2 UDO AMENDMENT PACKET NOTES: The following pages contain Unified Development Ordinance (UDO) amendments necessary to conform Orange County's UDO to the state's most current Model Ordinances for Erosion & Sedimentation Control (E&SC), Stormwater Management, and Performance Guarantee requirements as mandated by applicable General Statutes and state design manuals. These UDO amendments also incorporate consistent use of terminology and definitions throughout the UDO, as related to the topics above. Within this amendment package: • Red Underlined Text: Denotes new, proposed text that staff is suggesting be added to the UDO • Red Strikethre gh Text: Denotes existing text that staff is proposing to delete Only those pages of the UDO impacted by the proposed modifications have been included within this packet. Due to time constraints, staff was not able to add a large "X" through large sections of text that are not part of the amendments under consideration. Readers should look for a vertical line in the left side margin of a page if revisions on a particular page are not immediately evident (in other words, in instances where an amendment is only a word or two, or a section reference, or a spelling correction, it may not immediately "jump out" at readers). Please note that Legal Sufficiency Review is not yet complete. Please see the abstract for additional information. 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.orangecountync.gov/DocumentCenterNiew/8305/Unified-Development- Ordinance-PDF 13 ARTICLE 2: PROCEDURES SectionD DECISION MAKING AUTHORITYSUMMARY TABLE The following table provides a brief synopsis of the review and decision-making processes for development applications. DECISIONTABLE 2.11: REVIEW AND •- • ZONING/DEVELOPMENT EROSION DEVELOPMENT PLANNING ADVISORY :..•. . BOCC OFFICERPROCEDURES Zoning Compliance R and DM R R Permits Soft-Erosion and Sedimentation Control R and DM sPlans' Stormwater Management R and DM Plans SMPs 2 UDO Text Amendments R R R[1] DM and PH Zoning Atlas R R R[1] DM and Amendments PH Special Use Permits R R R DM and EH Zoning Variances R R DM and EH Appeals/Interpretations R R DM and EH Comprehensive Plan R R[1] DM and Amendments PH Subdivision Related Procedures Exempt R and DM Minor R and DM R R Major R R R R and DM R and [2] DM Conditional District R R R R[1] R, DM, and PH Appeal NOTES Ill The Planning Board reviews applications and makes a recommendation prior to the public hearing held by the Board of County Commissioners.The Board of County Commissioners may choose to refer an application back to the Planning Board at the conclusion of the public hearing. [2] The Planning Board approves the Concept Plan for a Major Subdivision and then makes a recommendation on the Preliminary Plat to the BOCC. SectionAPPLICATIONS 2.2.1 Authority to File Applications (A) Applications submitted under this Ordinance shall be submitted by the landowner, as identified by the records of the Orange County Tax Office, or their authorized agent. 1 Consistent use of"Erosion and Sedimentation Control Plan" as defined in 15A NCAC 02H.1002(Definitions). 2 Added appropriate acronym for Stormwater Management Plans. 14 2.3.10 Action by Board of County Commissioners (A) The Board of County Commissioners shall hold a public hearing after the Planning Board either makes its recommendation or takes no action on the application within 30 days of its referral. (B) After the Board of County Commissioners closes the public hearing, the Board of County Commissioners shall do one of the following: (1) defer a decision to a later Board of County Commissioners meeting date, or (2) make a decision. (C) In making its decision, the Board of Commissioners shall consider comments made at the public hearing, the Planning Board's recommendation, and the Planning Director's recommendation. ZONINGSection 2.4: • 2.4.1 Applicability (A) As required by this Ordinance, a Zoning Compliance Permit must be issued before any new site development, building, structure, or vehicular use area may be erected, constructed or used. (B) Submittal and approval of a site plan (see Section 2.5) is required for issuance of a Zoning Compliance Permit except for: (1) Single-family detached dwellings and duplexes, and accessory structures to those residential uses shall require a plot plan as detailed within Section 2.4.3 of this Ordinance. In those instances, however, where the proposed level of land disturbance exceeds established thresholds as detailed within Section 4.2.103 of thise QFdiRaRGe aOrdinance, a formal site plan; prepared in accordance with Section 2.5 of this Ordinance, shall be required for submittal and approval. This site plan shall contain all required elements associated with obtaining a Zoning Compliance Permit and Land Disturbing Permit(LDP), c+ . . rm,+4 as detailed herein. (2) Interior renovation or repair of an existing structure, provided the use of the lot and/or structure has not changed. (C) Issuance of a Zoning Compliance Permit is required prior to beginning the excavation for the construction, moving, alteration, or repair, except ordinary repairs, of any building or other structure, including an accessory structure. The Zoning Compliance Permit shall include a determination that plans, specifications and the intended use of the structure conforms to the provisions of this Ordinance. (D) Issuance of a Zoning Compliance Permit is required to change the type of use or type of occupancy of any building, or to expand any use on any lot on which there is a non- conforming use. The Zoning Compliance Permit shall include a determination that the proposed use conforms to the provisions of this Ordinance. 2.4.2 Requirements and Conditions (A) In cases where the development and/or commencement of a land use requires the issuance of a Special Use Permit, a Zoning Compliance Permit shall not be issued until the aforementioned permit has been issued by the Board of Adjustment in accordance with the review and approval procedures detailed herein. 3 Reference to new Table 4.2.10 within new Section 4.2.10,for land disturbance thresholds. 4 Text correction—reference to the applicable Land Disturbing Permit(LDP). Orange County, North Carolina—Unified Development Ordinance Page 3-vii 15 (B) Issuance of a Special Use Permit does not negate the requirement for a Zoning Compliance Permit. (C) Issuance of a Zoning Compliance Permit does not establish a vested right to begin and complete construction or change the use/occupancy of a lot or building should regulations change subsequent to issuance of said permit. (D) Application for Zoning Compliance Permit shall specify the method of disposal of trees, limbs, stumps and construction debris associated with the permitted activity. Open burning of trees, limbs, stumps, and/or construction debris associated with the permitted activity is expressly prohibited. (E) No building, structure, or zoning lot for which a Zoning Compliance Permit has been issued shall be used or occupied until the Building Inspector has, after final inspection, issued a Certificate of Occupancy indicating compliance with all the provisions of this Ordinance. (F) No building, structure, or zoning lot for which a Zoning Compliance Permit has been issued shall be used or occupied until the Orange County Health Department has approved the water supply and sewage disposal systems serving that use. (G) Issuance of a Certificate of Occupancy by the Building Official or the approval of a water supply and sewage disposal system by the Health Department shall in no case be construed as waiving any provision of this Ordinance. (H) Zoning Compliance Permits shall become null and void after 18 months from the date of issuance if a building permit is not applied for or Land--Disturbing Activities5 are not commenced in accordance with the provisions of this Ordinance. "(1) Projects needing a Performance Guarantee for completion of required development elements shall abide by the provisions of Section 2.27 of this Ordinance.6 2.4.3 Plot Plan Specifications (A) For development types requiring a plot plan rather than a site plan, the plot plan shall contain the following: (1) A scaled drawing denoting the length of all property lines, (2) A north arrow denoting the orientation of the lot and all proposed structures, (3) The location of all existing structures, driveways, and areas of impervious surface, (4) The location of the proposed structure(s) and distances from all property lines, (5) The location of the proposed driveway, (6) The location of the proposed septic system and proposed drain lines on the property, (7) The location of the proposed well, and (8) The location of any protected features on the property(i.e. stream buffers, flood plain, wetlands, etc), and (9) The location and dimensions of proposed parking areas. S"Land-Disturbing Activities" is correctly noted to match the Definitions section of this Ordinance—NOTE: "Land- Disturbing Activity/Activities"is integrated through the remainder of Article 2, where applicable. 6 Consistent with Session Law 2019-79,and to avoid confusion,staff has created a central section addressing the review/processing/acceptance of Performance Guarantees for projects involving the issuance of a Zoning Compliance Permit or Subdivision final plat approval. This is a simple reference to the new section dealing with Performance Guarantees. Orange County, North Carolina—Unified Development Ordinance Page 3-viii 16 (C) Other items which should be submitted simultaneously, but are not required as part of the site plan application are: (1) Erosion control and grading plans as necessary to be approved by the Erosion Control Officer for a grading permit, and (2) Stormwater Mrnanagement Pplans SMPs as necessary to be approved by the Erosion Control Officer prior to the issuance of a Zoning Compliance Permit, and (3) Building construction plans to be approved by the Building Official prior to issuance of a building permit. 2.5.3 Plan Specifications Each site plan shall be drawn at a scale adequate to show required detail and shall contain the following information: (A) The boundary of the lot(s)to be developed labeled with bearings and distances; (B) The name, address, and phone number of the applicant and the property owner; (C) Name of project, vicinity map, north arrow, scale, tax map reference number, date of plan preparation, and subsequent revision dates; (D) Zoning of the property to be developed and all adjacent zoning and existing adjacent land uses; (E) Adjacent right-of-way widths with road names and numbers; (F) A development summary including total acres, proposed use(s), total building square footage, required and proposed parking spaces. (G) Demonstrated compliance with all applicable performance standards contained in Articles 3, 4, 5, and 6 of this Ordinance; (H) Maximum and proposed impervious surface and required stream buffers as detailed in Sections 4.2 and 6.12 of this Ordinance; (1) Estimated traffic generated by the proposed development in trips per day. If the estimate exceeds 800 trips per day, a traffic impact study must be submitted in accordance with Section 6.17; (J) Front, side, and rear building setbacks as required by Articles 3 and 5 of this Ordinance; (K) Location of all proposed buildings and structures labeled with floor area, building height and function, and proposed finished floor elevation; (L) Vehicular use areas including existing and proposed streets and access drives, off street parking and loading to comply with Section 6.9 of this Ordinance, and entry/exit points of adjacent parcels; (M) Overhead and underground utilities with accompanying easements and storm drainage facilities/easements (including septic tanks and wastewater disposal fields, wells, fire hydrants, irrigation, and security lights); (N) Solid waste disposal facilities; (0) All proposed free-standing and wall-mounted signs. Signs must comply with Section 6.12 of this Ordinance; (P) A landscape plan demonstrating compliance with Section 6.8 of this Ordinance; (Q) For all developments other than single-family residential and duplexes, existing contour lines (dashed)and proposed contours (solid) at 5-foot intervals with 10-foot contours bold. Where site conditions warrant, 2-foot contours may be required; (R) Retaining walls, tree wells, or rip rap as part of the grading plan; (S) Streams, ponds, drainage ditches, swamps, floodway and floodplain boundaries; Orange County, North Carolina—Unified Development Ordinance Page 3-x 17 Failure to meet the criteria for site plan approval listed herein, and/or to address all review comments solicited during plan review, will result in denial of the application. (F) If a plan is approved with conditions, no zoning authorization allowing Lland- Disturbingd+s# Activity or subsequent building permit shall be issued until all conditions of approval have been met to the satisfaction of Orange County. (G) Site plan approval and the issuance of a Zoning Compliance Permit does not establish a vested right to develop the property should zoning regulations change subsequent to plan approval. 2.5.5 Vesting of Site Plan (A) At the option of the Applicant, a site plan may be vested for a period of not less than two nor more than five years. Multi-phased developments, as defined in NCGS 160D-108, shall be vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development. (B) To become vested, a site specific vesting plan must be approved by the Board of County Commissioners through either the normal project approval process if the Board of County Commissioners is the approval authority, or, in the case the Board of County Commissioners is not the normal approval authority, by the Board of County Commissioners after a legislative hearing. (1) Said legislative hearing shall follow the public notification procedures set forth in Section 2.8.7. (2) The Board of County Commissioners may approve the site specific vesting plan with such terms and conditions as may reasonably be necessary to protect the public health, safety, and welfare. Such conditional approval shall result in a vested right. Failure to abide by such terms and conditions shall result in a forfeiture of vested rights. (C) An approved site specific vesting plan shall contain the following statement: "Approval of this plan establishes a zoning vested right under NCGS 160D-108. Unless terminated at an earlier date, the zoning right shall be valid until " (D) The site specific vesting plan for a project which requires the preparation of an Environmental Impact Statement(EIS) in accordance with Section 6.16 of this Ordinance shall not be approved until the EIS has been made available for public review, and has been presented to the Board of County Commissioners in accordance with Section 2.23 of this Ordinance. 2.5.6 Guarantee of Improvern ^*cPerformance Guarantees (A) if a gua-FaRtee Of required as a condition of site plan approval, the applicant shall provide Orange County with a security escrow i rreyonahle letter of credit by an approved instit for bond, agreement, (B) The g uaraRtee shall he effer4iye fEg 12 men+hs and shall iRGlu de the .ono+of the imnrevemen+s plus 900/_ (C) ProGr to ossuanGe Gf any site plaR approval, the guarantee shall be approved by the County o++erne„ (D) if a guaraRtee is not submitted, the deve!Gper must install all required impreVeMeRtS to the safisfan+inn of the County prier+e is of the Zoningr•nliane per mh rrr�. (A) If a Performance Guarantee is required, the provisions of Section 2.27 of this Ordinance shall apply.' Consistent with Session Law 2019-79, and to avoid confusion,staff has created a central section addressing the review/processing/acceptance of Performance Guarantees for projects involving the issuance of a Zoning Orange County, North Carolina-Unified Development Ordinance Page 3-xii 18 2.5.7 Additional Requirements for Overlay Districts (A) Efland-Cheeks Highway 70 Corridor Overlay District (1) Approval Requirements Within the Efland-Cheeks Highway 70 Corridor Overlay District (ECOD), no construction activity shall begin nor shall any conversion of existing single-family residence to a non-residential land use, excavation, soil removal, grading or disturbance of vegetation including trees, or Ltand--Disturbing Activityd+s� activity associated with a non-residential land use, be commenced, nor any sign erected until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and -Section 2.4 of this Ordinance. (B) Efland Interstate Overlay District (1) Approval Requirements Within the Efland Interstate Overlay District, no construction activity shall begin nor shall any excavation, soil removal, filling, grading or disturbance of vegetation, including trees, be commenced, nor any sign erected for any use subject to the requirements of the overlay district until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Section 2.4 of this Ordinance. (C) Efland Village Overlay District (1) Approval Requirements Within the Efland Village Overlay District, no construction activity shall begin nor shall any excavation, soil removal, filling, grading or disturbance of vegetation, including trees, be commenced, nor any sign erected for any use subject to the requirements of the overlay district until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Section 2.4 of this Ordinance. (D) Major Transportation Corridor Overlay District (1) Approval Requirements Within the Major Transportation Corridor District, no construction activity shall begin nor shall any excavation, soil removal, filling, grading or disturbance of vegetation, including trees, be commenced, nor any sign erected until such time as a site plan has been approved and a permit issued by the Planning Director in accordance with this Section and Section 2.4 of this Ordinance. 2.5.8 Additional Requirements for Economic Development Districts (A) Prior to submission of an application for site plan approval, applicants shall meet with representatives of the Planning and Inspections, and Economic Development Departments to identify policies, procedures, regulations, and fees applicable to development proposals. (B) Any proposed subdivision in an Economic Development District shall follow the approval procedures as specified in Section 2.16. (C) In addition to the submittal requirements contained in this Section, a complete application shall also include: (1) Building elevation drawings for each proposed structure; and Compliance Permit or Subdivision final plat approval. This is a simple reference to the new section dealing with Performance Guarantees. Orange County, North Carolina—Unified Development Ordinance Page 3-xiii 19 2.8.9 Action by Board of County Commissioners (A) The Board of County Commissioners shall hold a public hearing after the Planning Board either makes its recommendation or takes no action on the application within 30 days of its referral. (B) After the Board of County Commissioners closes the public hearing, the Board of County Commissioners shall do one of the following: (1) defer a decision to a later Board of County Commissioners meeting date, or (2) make a decision. (C) In making its decision, the Board of County Commissioners shall consider adopted plans, comments made at the public hearing, the Planning Board's recommendation, and the Planning Director's recommendation. In accordance with NCGS 160D-605, the Board of County Commissioners shall also approve a statement describing whether its action is consistent with an adopted comprehensive plan or any other officially adopted plan that is applicable, and briefly explain why the board considers the action taken to be reasonable and in the public interest. 2.8.10 Text Revisions Pertaining to Soil-Erosion and Sedimentation Control Provisions' (A) The Erosion Control Officer shall review all of the North Carolina Sedimentation Control Commission's revisions to the State's Model Sa+�-Erosions9 and Sedimentation Control Ordinance and, within 90 days of receipt of the recommended revisions, submit draft amendments to the North Carolina Sedimentation Control Commission for its consideration and comments. (B) Within 150 days after receipt of the North Carolina Sedimentation Control Commission's comments, Orange County shall formally consider proposed amendments and, to the extent deemed necessary by the Board of County Commissioners, incorporate the amendments into this Ordinance. (C) Text amendments to this Ordinance for sai-10erosion and sedimentation control provisions shall comply with the requirements in effect for any other text amendment. 2.8.11 Text Revisions Pertaining to Stormwater Provisions (A) The Erosion Control Officer shall review all of the State Environmental Management Commission's revisions to the State's Model Stormwater Ordinance and, within 90 days of receipt of the recommended revisions, submit draft amendments to the State Environmental Management Commission for its consideration and comments. (B) Within 150 days after receipt of the State Environmental Management Commission's comments, Orange County shall formally consider proposed amendments and, to the extent deemed necessary by the Board of County Commissioners, incorporate the amendments into this Ordinance. (C) Text amendments to this Ordinance for stormwater provisions shall comply with the requirements in effect for any other text amendment. Section ■: CONDITIONAL 2.9.1 Conditional Districts (A) Generally s Title of Section 2.8.10 revised so as to match the naming conventions of other section titles related to"Erosion and Sedimentation Control Plans"as defined in 15A NCAC 02H.1002 (Definitions). 9 Text correction—deleted "s". '0 Text correction—deleted "soil". Orange County, North Carolina—Unified Development Ordinance Page 3-xxviii 20 (c) Auxiliary documents prepared in accordance with Article 7 of this Ordinance which ensure completion and/or maintenance of required improvements. Such documents may include, but not be limited to, a private road maintenance agreement; escrow agreement or letter of GF8dit by aR appFeved , stit ution any necessary Performance Guarantees for required improvements; and guarantee of installation of any required road signs; (d) A copy of the Final Plat indicating approval of the plan to control sedimentation and erosion during construction of improvements. Where an erosion and sedo .eRtaf, r, Gontrel p4a-R rosion and Sedimentation Control Plan" is required, it shall comply with the provisions of Section 6.15 of this Ordinance. If an Gr^SO^^ and sed' r entaf, n ,.GRtF l planErosion and Sedimentation Control Plan12 is not required, the copy of the Final Plat must be signed by the Erosion Control Officer certifying that a plan waiver has been approved or the amount of land disturbance on the site is not subject to the provisions of Section 6.15 of this Ordinance; and (e) A statement describing the methods proposed to protect environmental resources identified in "An Inventory of Sites of Cultural, Historic, Recreational, Biological and Geological Significance in the Unincorporated Portions of Orange County" and/or"Inventory of the Natural Areas and Wildlife Habitats of Orange County, North Carolina". (B) Review and Action (1) The Planning Director shall determine if the plat and application conform with all applicable regulations. (2) Auxiliary documents required by Article 7 shall be submitted by the Planning Director to the County Attorney for review and recommendation. (3) The Planning Director may submit copies of the Final Plat application and accompanying material to other officials and agencies for review and comment. Other potential reviewers include, but are not limited to: (a) NC DOT, (b) Orange County Schools, (c) Orange County Land Records, (d) County Attorney, (e) Orange County Environmental Health, (f) Orange County Erosion Control, (g) Orange County Engineering, (h) Public Utility Companies, and (i) Orange County Department of Environment, Agriculture, Parks and Recreation (DEAPR). (4) Reviewers shall provide a certification to the Planning Director of the suitability, provisional suitability, or unsuitability of the proposal. Recommendations of the reviewers may be incorporated as conditions of approval of the subdivision. (5) The Planning Director shall take action on an application solely on his/her findings as to compliance with applicable regulations and conditions and shall either: 11 Consistent use of"Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002 (Definitions). 12 Consistent use of"Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002 (Definitions). Orange County, North Carolina—Unified Development Ordinance Page 3-xliv 21 (a) Approve the application; or (b) Approve the application with conditions; or (c) Deny the application. (6) Performance Guarantees shall be reviewed in accordance with the provisions of Section 2.27 of this Ordinance.13 (ra)M The Planning Director shall notify the applicant of the action in writing. (C) Action Subsequent to Approval (1) The applicant shall submit a reproducible mylar original of the Final Plat to the Planning Director for endorsement within one year of Final Plat approval. (2) The Planning Director may grant an extension of this time limit to one-year from the original date of expiration if the applicant files an extension application in accordance with Section 2.2. (3) The Planning Director shall obtain all required certification signatures and shall endorse approval of the approved Final Plat on a reproducible mylar original after all other certification signatures have been obtained. The Planning Director shall prepare the Declaration of Restrictions. (4) The Planning Director shall notify the applicant when all required certification signatures have been obtained and County Attorney review is complete. The applicant shall then make an appointment with the Planning Director to have the approved plat and any associated documents necessary to ensure conformance with regulations recorded in the Officer of the Register of Deeds. The approved plat and any associated documents must be recorded within 90 days after the Planning Director's endorsement of approval. (5) The Planning Director shall accompany the applicant to the Register of Deeds Office to ensure the approved plat and any required documents are recorded in the correct order and to fill in the book and page references, where applicable. Documents shall be numbered in the order they are to be recorded. The order is as follows: (a) Approved plat (b) Road Maintenance Agreement, if required (c) Declaration of Restrictions (d) Homeowners/Property Owners'Association documents, if required (6) If the approved plat is not recorded within the specified time period, the plat is void. (7) The Planning Director may extend the deadline for recordation provided the applicant can demonstrate a good faith effort to comply with the deadline, but for reasons beyond his/her control, fails to meet the requirements for recordation within the specified period. (8) All final plats shall conform to drawing specifications and certification requirements for Final Plats contained in Section 7.14.3 of this Ordinance. (9) Recordation of the approved final plat, and any required auxiliary documentation shall be with the advice and consent of the Planning Director. 1s Reference to new section. Orange County, North Carolina—Unified Development Ordinance Page 3-xlv 22 Planning Board and approved by the Board of Commissioners before any site disturbance, construction or installation of improvements may begin. (1) Applications shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. (2) Applications shall include: (a) Major subdivision checklist form as prescribed by the Planning Department; (b) 25 copies of the Preliminary Plat of the proposed subdivision prepared in accordance with Section 7.14.2(B) of this Ordinance; (c) An Orange County Tax Map showing the location of the parcel to be subdivided; (d) A copy of the Preliminary Plat indicating the Health Department's soils analysis approval/denial for each lot shown thereon; (e) A written statement by the applicant or his/her authorized representative which sets forth the justification for a private road, if applicable; (f) Auxiliary documents, in draft form, prepared in accordance with Article 7 of this Ordinance which ensure completion and/or maintenance of improvements required by this Ordinance, including, but not limited to: private road maintenance agreement, homeowner's association articles of incorporation, and homeowner's association restrictive covenants; (g) A statement describing the methods proposed to protect environmental resources identified in "An Inventory of Sites of Cultural, Historic, Recreational, Biological and Geological Significance in the Unincorporated Portions of Orange County" and "Inventory of the Natural Areas and Wildlife Habitats of Orange County, North Carolina"; and (h) An Orange County Floodplain Development Permit, if applicable. (C) Planning Director Review Procedures (1) Upon acceptance of a preliminary plat application, the Planning Director shall determine if the plat and application conform with all applicable regulations, including any applicable conditions of an approved Special Use Permit. (2) Any required auxiliary documents, including Performance Guarantees detailed in Section 2.27 of this Ordinance,14 shall be submitted by the Planning Director to the County Attorney for review and recommendation. (3) Upon receipt of a complete Preliminary Plat application, the Planning Director shall submit copies of the Preliminary Plat and any accompanying material to the following officials and agencies for review and comment: (a) The District Engineer of the N.C. Department of Transportation to review proposed public streets, highways and drainage systems; (b) The Orange County Health Department to review proposed on site water supply and sewage disposal systems; (c) The Board of Education of the appropriate school district to review the reservation of proposed school sites and the impact of the proposed subdivision on school enrollment capacities; (d) The Orange County Erosion Control Officer to review the Erosion and Sedimentation Control Plan1s Gentrel and Stormwater Management Plan; 14 Reference to new section. 11 Consistent use of"Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002 (Definitions). Orange County, North Carolina—Unified Development Ordinance Page 3-1 23 (e) The Orange County Department of Environment, Parks and Recreation to review the location, suitability and facilities proposed for required recreation areas and to review any historic and/or cultural resources; (f) The Orange County Floodplain Administrator to review compliance with Special Flood Hazard Area regulations; (g) The Planning Department and/or Planning Board of the appropriate municipality where a courtesy review procedure has been established by agreement between the County and the municipality; (h) The appropriate utility provider where public or community water and/or sanitary sewerage systems are proposed to serve the subdivision; (i) The Orange Soil and Water Conservation District to review a general soils description and interpretation; and Q) The County Attorney to review the format and appropriateness of proposed restrictive covenants, homeowners association agreements, road maintenance agreements, Pperformance bonds Guarantees16 and other similar documents. (4) The reviewers designated in (3) shall review the Preliminary Plat and shall provide a report to the Planning Director on the basis of the suitability, provisional suitability, or unsuitability of the proposal. (5) Where it is determined that alternative measures are required in order for the proposal to be classified as "suitable," a certification of"provisionally suitable" shall be provided. If reviewer approval is withheld on this basis, the reviewer shall identify the reasons for such classification and recommend measures through which the proposal may be made suitable. The Planning Board may recommend, and the Board of County Commissioners may approve, identified measures as conditions of approval of the Preliminary Plat; provided, however, the recommending reviewer has the authority to enforce such measures. (6) Where no alternatives are available to address the concerns of the reviewer, a classification of"unsuitable" shall be provided. The reviewer shall provide a list of the reasons which resulted in such designation. (7) Upon receipt of the comments and recommendations from reviewers, the Planning Director shall submit to the Planning Board a written analysis of the application and his/her recommendation. (8) The Planning Director shall be permitted to defer the application and recommendation for one meeting beyond the Planning Board meeting at which the application is scheduled to be heard. (D) Planning Board Review and Approval Procedures (1) The Planning Board shall review the application and the Planning Director's report at a regularly scheduled meeting and shall prepare a written recommendation to the Board of County Commissioners. (2) All interested persons shall be given the opportunity to speak and ask questions regarding the application at the meeting. The Planning Board may place reasonable and fair limitations on comments, arguments and questions to avoid undue delay. (3) The Planning Board shall take action on the application solely on its findings of compliance with applicable regulations and conditions and shall recommend: (a) approval of the application; (b) approval with conditions; or 16 Consistent use of"Performance Guarantees". Orange County, North Carolina—Unified Development Ordinance Page 3-li 24 (4) If the Board of County Commissioners approves an amendment to the phasing plan, it may require reasonable additional conditions of approval of the unapproved final plat(s). 2.15.4 Final Plat (A) Prior to approval of a Final Plat, the subdivider shall have installed the improvements specified in this Ordinance or guaranteed their installation as provided in Section 7-42.27 of this Ordinance." (B) No Final Plat will be accepted for review by the Planning Director unless accompanied by written documentation acknowledging compliance with the improvement and Performance Guarantee'$ standards of Section 7-42.27 of this Ordinance.19 (C) The Final Plat shall constitute only that portion of the Preliminary Plat which the subdivider proposes to record and develop at that time. Such portion shall conform to all requirements of this Ordinance. (D) Application Requirements (1) Applications shall be submitted on forms provided by the Planning Department in accordance with Section 2.2 of this Ordinance. (2) Applications shall include: (a) Five copies of the Final Plat prepared in accordance with Section 7.14.3 of this Ordinance; and (b) Auxiliary documents, in final form, prepared in accordance with Article 7 of this Ordinance which ensure completion and/or maintenance of improvements required by this Ordinance, including but not limited to: private road maintenance agreement, property owner's association articles of incorporation, and property owner's association restrictive covenants, and a letter Of Gredit er aR eSGrew agreemeRtany required Performance Guarantees.20 (3) The Final Plat of the subdivision or any portion thereof shall be submitted not more than one year after the date on which the Preliminary Plat was approved unless the subdivision is being developed in accordance with an approved phasing plan under Section 7.3. (4) If a Final Plat is not submitted within the time period specified in (3), the Preliminary Plat approval shall be null and void. The subdivider shall be required to resubmit a new Preliminary Plat application for the tract or portion thereof for review as a new application. (E) Review and Approval Procedures (1) Upon acceptance of a Final Plat application, the Planning Director shall determine if the plat and application conform with all applicable regulations, including any applicable conditions of an approved SpeGiarUse Permo District. 21 (2) Auxiliary documents as required by Article 7 shall be submitted by the Planning Director to the County Attorney for review and recommendation. 17 Reference to new section. 18 Consistent use of"Performance Guarantee". 19 Reference to new section. 20 Consistent use of"Performance Guarantee". 11 Language needs to be corrected as we no longer review subdivisions through the SUP process. Orange County, North Carolina-Unified Development Ordinance Page 3-Iv 25 2.17.5 Approval Criteria (A) No application for a plat vacation shall be approved unless it complies with all applicable requirements of this Ordinance. (B) The approving entity shall not approve an application for a plat vacation if it will materially injure the rights of any non-consenting property owner or any public rights related to public improvements unless expressly agreed to by the agency with jurisdiction over such improvements. 2.17.6 Recording (A) After the new plat is approved, the plat must be recorded, within 60 days, with the Register of Deeds Office. (B) Upon the execution and recording of the new plat, the vacated plat has no effect. (C) The re-subdivision of the land covered by a plat that is vacated shall be platted in the same manner as is prescribed by this Article for an original plat. Section 2.18: LAND DISTURBING PERMITS 2.18.1 Generally (A) Before commencement of any Land-Disturbing Activity in excess of the thresholds as defined in the Orange County Watershed Matrix (Table 4.2.10 of this Ordinance), sag eater than 20,000 square feet, eater than 10,000 square foot of within the L ;vers+ty Lake rare Greer OF I iner Cne Watersheds the owner or his/her day appe;nted-ageRtFinancially Responsible Party shall obtain a Land Disturbing Permit L( DP)from the Erosion Control Officer. For developments that are subject to Orange County Stormwater Management requirements, if a permanent Stormwater Control Measure23 (SCM) is required as part of a Land-Disturbing Activity, the LDP will not be issued by the Erosion Control Officer until the owner or his/her Financially Responsible Party posts a Performance Guarantee for construction of the SCM in conformance with Section 6.22 (F)of this Ordinance.24 (B) Land Disturbing oerm'tsLDPS must be obtained prior to the start of the la-Rd dosturba Activity. (C) Every perms+-LDP issued by the Erosion Control Officer shall expressly prohibit open burning of trees, limbs, stumps and construction debris associated with the permitted activityLand-Disturbing Activity. (D) If a developer, corporation, private landowner or other person proposes to perform construction/filling activities in or near a lake, stream, creek, tributary or any unnamed body of water and its adjacent wetlands, Federal permit authorization may be required by the U.S. Army Corps of Engineers prior to commencement of earth dirt shirr actotmesLand-Disturbing Activities. zz Section 2.18 title updated to include appropriate acronym for Land Disturbing Permits(LDPs)—NOTE: "LDP"is integrated through the remainder of Section 2.18, where applicable. 23"Stormwater Control Measure" is correctly noted to match the Definitions section of this Ordinance, includes the appropriate acronym for Stormwater Control Measure(SCM)—NOTE. "Stormwater Control Measure"and"SCM" are integrated through the remainder of Section 2.18, where applicable. 21 Section 2.18.1 (A) updated so as to: 1) reference the"Orange County Watershed Matrix Table" (located in new Section 4.2.10)for determining land disturbance thresholds specific to each watershed within Orange County, 2) better reflect current standard operating procedures for obtaining a Land Disturbing Permit, 3) include the requirement for a performance guarantee if an SCM is required as part of Land-Disturbing Activities,4) replace the term "duly appointed agent"with "Financially Responsible Party"so as to match the Definitions section of this Ordinance,and 5) reference the new Section 6.22. Orange County, North Carolina—Unified Development Ordinance Page 3-lix 26 (1) Filling activities include, but are not limited to, construction of road crossings, sewer or utility line installations, grading, placement of spoil from ditching or other excavations, or placement of fill for commercial or residential development. (2) A wetlands determination and specific permit requirements may be obtained from the Raleigh Field Office of the U.S. Army Corps of Engineers. Orange County, North Carolina—Unified Development Ordinance Page 3-Ix 27 2.18.2 Application Requirements (A) An application for a L and DisturbiR Perm' an LDP shall be filed with the Erosion Control Officer on forms provided by the Planning Department. (B) An Erosion and Sedimentation Control Plans25 must be approved prior to issuance of a Land Disturbing ing Permitan LDP. 2.18.3 Exemptions AnNie permit LDP is not required for the following activities: (A) For the purpose of fighting fires. (B) For the stock piling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off-site damage. (C) For di^+,��a,bancesLand-Disturbing Activities that do not exceed 20,000 square feet in surface area, or 10,000 square feet if within the University Lake, Cane Creek, or Upper Eno Watersheds. In determining the area, lands under one or diverse ownership being developed as a unit shall be aggregated. fq(D) For Land-Disturbing Activity exclusions as defined in Section 6.15.4 of this Ordinance.26 2.18.4 Erosion and Sedimentation Control Plan Required An Erosion and Sedimentation Control Plan must be submitted to the Erosion Control Officer when the proposed land disturba oLand-Disturbing Activity is greater than 20,000 square feet, or greater than 10,000 square feet if within the University Lake, Cane Creek, or Upper Eno Watersheds. 2.18.5 Expiration of Pm°*sLDPs (A) Erosion and Sedimentation Control Plan The Erosion Control Officer may establish an expiration date for Erosion and Sedimentation Control Plans associated with an approved LDP27appreved under this Ordinance. Erosion and Sedimentation Control Plans associated with an approved LDPApprovals expire three years2818 months after the LDP approval dates unless the land closturban^oLand-Disturbing Activity is started as defined in (C) below. (B) Land Disturbing Permits LDPs (1) An LDP n,^+„rbiRg Pork;+must be obtained before beginning the dmstu,baRGe Land-Disturbing Activity and may be obtained at any time as long as the associated Erosion and Sedimentation Control Plan Appreval-approval29_is valid. 21"Erosion Control Plan" replaced with "Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002 (Definitions)—NOTE. "Erosion and Sedimentation Control Plan"is integrated through the remainder of Section 2.18, where applicable. 26 Added critical reference to full list of exempt land-disturbing activities. 27 The"LDP" is the actual permit;therefore the associated approved Erosion and Sedimentation Control Plan is inherently linked to the 3-year expiration of the LDP. "Three years is the current expiration time frame for LDPs. 29 Text correction—decapitalized "approval". Orange County, North Carolina—Unified Development Ordinance Page 3-Ixi 28 (2) Land DisturrbiRg Perm'tsLDPs expire with the a rotinn of the EeroSO8n-r-'Rrn-rd serlimento+inn f onfrol^onfrol nlonDlonApproval o o �0 i nlocc the disturbance land disturbing activity has begu n. Once the disturbance land disturbing oc+"+" begins, the LD.Pa-Land_D.isturbing Permit_�s valid for a nornrl of two years starting with the commencement of the disturbancelan act'v�, as defined in (C) below. �' 9 (3)(2) The Land Disturbing oormi+LDP must be renewed every two (2) years on a repeat basis, with the first LDP renewal required no later than if the list, rhonne twos years after the start of activity as defined in (C) below..- There is no additional fee associated with LDP renewals. renewal foe is ene half the original foe and thepermit r ,ed LDP is valid for two additional years after LDP reRewa!31GRe year. (C) Start of Activity For the purpose of determining the expiration date of the Erosion and Sedimentation Control PlanControf Plan Approval approval 32 and/or Land cis+ rhino oern i+the associated LDP, the Land-Disturbing Activity is considered to have started when the pre- construction conference has been held, the necessary erosion control practices have been properly installed, and the site clearing or grading has begun. MINE 1= 2.19.1 Generally An EFGSOGR Erosion and Sedimentation Control PlanGenfrot Pla+�34 shall be prepared for all Land- Disturbing Activities subject to this Ordinance whenever the proposed 'Land-Disturbing Activity exceeds the thresholds as defined in the Orange County Watershed Matrix (Table 4.2.10 of this Ordinance).35 Any Person engaged in Land-Disturbing Activity who fails to file an Erosion and Sedimentation Control Plan in accordance with this Ordinance, or who conducts a Land-Disturbing Activity except in accordance with provisions of an approved Erosion and Sedimentation Control Plan, shall be deemed in violation of this Ordinance.350s to he undertaken on o tract comprising more than 20,000 square feet, if more than 20,000 square feet are to he uncovered. 2.19.2 Application Requirements (A) An application for approval of an Erosion Erosion and Sedimentation Control PlanControl Wan shall be filed with the Erosion Control Officer on forms provided by the Planning Department. (B) Three One electronic copV and two hard copies37 of the EFE)S'GrErosion and Sedimentation Control Plan Gtr^o; Plan shall be filed with the Erosion Control Officer. "Clarification provided per NCDEQ peer review comments—3 year start window, LDPs must be renewed every two years after starting the Land-Disturbing Activity—no LDP renewal fees.. 32 Text correction—decapitalized "approval". 33 Title of Section 2.19 revised so as to match the naming conventions of other section titles related to"Erosion and Sedimentation Control Plans" as defined in 15A NCAC 02H.1002 (Definitions). 34"Erosion Control Plan" replaced with "Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002 (Definitions)—NOTE. "Erosion and Sedimentation Control Plan"is integrated through the remainder of Section 2.19, where applicable. 31 Section 2.19.1 (A) updated so as to reference the"Orange County Watershed Matrix" (located in new Section 4.2.10)for determining land disturbance thresholds specific to each watershed within Orange County. 36 Added new language so as to comply with the state's current E&SC Model Ordinance. 37 Requiring one electronic copy and two hard copies will allow for efficient Departmental filing of plans and will avoid the need for staff to scan hard copies. Orange County, North Carolina—Unified Development Ordinance Page 3-lxii 29 (1) The Erosion Control Officer shall forward one copy of the EFoslo"rErosion and Sedimentation Control PlanSoRtFsl RlaR to the Orange Soil and Water Conservation District at least 30 days prior to the commencement of the proposed actiyityLand-Disturbing Activity. (C) The Erosion Control Officer shall forward one copy of the Erosion Erosion and Sedimentation Control PlanControl-P—lan to the Director of the NC Division of Energy, Mineral, and Land Resources38`^�a+�oa�er Quality for any ' Land- Disturbing Activity that involves the utilization of ditches for the purpose of de-watering or lowering the water table. 2.19.3 Components of Complete Erosion and Sedimentation Control Plans39 (A) Generally Erosion and Sedimentation Control Plans shall meet the requirements of the most current version of the North Carolina Administrative Code Title 15A Chapter 4: Sedimentation Control, and the most current version of the North Carolina Erosion and Sediment Control Planning and Design Manual (NC Erosion Control Manual).40 In order to be considered complete, a plan submitted for approval must contain the proposed €resien Erosion and Sedimentation Control PlanCentFol Plan, the completed application, the statement of financial responsibility and ownership, and the plan review fee. The 30-day review period begins when all of the components of the complete plan Erosion and Sedimentation Control Plan are received. (B) Erosion and Sedimentation Control Plan Content (1) The plan-Erosion and Sedimentation Control Plan required by this section shall contain such architectural and/or41 engineering drawings, maps, assumptions, calculations, and narrative statements as are needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this Ordinance. (2) The plan-Erosion and Sedimentation Control Plan shall comply with all applicable State and local regulations for erosion and sediment control. (3) Erosion and Sedimentation Control PlanP4a44 content may vary to meet the needs of specific site requirements. (C) Review of Other Environmental Documents (1) Any plan Erosion and Sedimentation Control Plan submitted for a Land- Disturbing Activity for which an environmental document (either an assessment or impact statement) is required by the North Carolina Environmental Policy Act(G.S. 113A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for review. (2) The Erosion Control Officer shall promptly notify the person submitting the plan Erosion and Sedimentation Control Plan that the 30-day review period of the plan Erosion and Sedimentation Control Plan pursuant to Section 2.19.5 of this Ordinance shall not begin until a complete environmental document is available for review. (3) The approval of the Erosion Erosion and Sedimentation Control PlanContre is conditioned on the applicant's compliance with Federal and State Water Quality laws, regulations, and rules. (D) Financial Responsibility and Ownership "Appropriate Division name. 39 Text correction—added "s". 40 E&SC plans must follow the most current Chapter 4 and Design Manual guidelines. 41 Text correction—added "/or". Orange County, North Carolina—Unified Development Ordinance Page 3-Ixiii 30 (1) Erosion and Sedimentation Control PlansPlans_ may be disapproved unless accompanied by an authorized statement of financial responsibility and documentation of propertv42 ownership. This statement shall be signed by the P8FE;Gn f,^,^^;,"„F8 sble financially Responsible Party43 for the land- distuFbiRg +;,,+„Land-Disturbing Activity or his/her44 attorney-in-fact. (2) The statement shall include the mailing and street addresses of the principal place of business of: (1)the p8FGGR fiRaRGial y F86PORGibleFinancially Responsible Party, (2)the owner of the land, and (3)any registered agents. (3) If the peFSOR fiRaRGial y FeSPORsi Financially Responsible Party is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or non-compliance with the pIanErosion and Sedimentation Control Plan, the North Carolina Sedimentation Pollution Control Act of 1973, this Ordinance-or rules or orders adopted or issued pursuant to this Ordinance. (4) If the applicant is not the owner of the land to be disturbed, the draft Erosion Erosion and Sedimentation Control PlanControl-P--lan must include the owner's written consent for the applicant to submit a draft Erosion Erosion and Sedimentation Control PlanSertFel-Plan and to conduct the anticipated land- distuFbiRg +,„+„Land-Disturbinq Activity. {4)LqL If the applicant is not the owner of the land to be disturbed and the anticipated Land-Disturbing Activity involves the construction of utility lines for the provision of water, sewer, gas, telecommunications, or electrical service, the draft Erosion and Sedimentation Control Plan may be submitted without the written consent of the owner of the land, so long as the owner of the land has been provided prior notice of the prolect.45 2.19.4 Review by the Soil &Water Conservation District (A) The Orange Soil and Water Conservation District shall review the EFOSMOR Erosion and Sedimentation Control PlanContFel Plan and submit any comments and recommendations to the Erosion Control Officer within 20 days after the Soil and Water Conservation District received the ErosionErosion and Sedimentation Control Plan, or within any shorter period of time as may be agreed upon by the District and the Erosion Control Officer. (B) Failure of the Soil and Water Conservation46 District to submit its comments and recommendations to the Erosion Control Officer within 20 days or any agreed- upon shorter period of time shall not delay final action on the€resien Erosion and Sedimentation Control PlanCsntFel Plan. 2.19.5 Review and Response to Erosion and Sedimentation Control Plans (A) Once an Erosion and Sedimentation Control Plan has been submitted to Orange County, the Erosion Control Officer shall determine whether the submittal is considered complete and shall confirm the appropriate review fees within five (5) business days. The Erosion Control Officer shall subsequently inform the applicant in writing of plan acceptance or plan resection, and of the appropriate review fees. An Erosion and Sedimentation Control 42 Revised to reflect the most current version of NCDEQ's model ordinance for E&SC. 43"person financially responsible" replaced with "Financially Responsible Party"so as to match the Definitions section of this Ordinance—NOTE. "Financially Responsible Party"is integrated through the remainder of Section 2.19, where applicable. 44 Text correction—added "/her". 41 Revised to reflect the most current version of NCDEQ's model ordinance for E&SC. 46 Text correction -clarification. Orange County, North Carolina—Unified Development Ordinance Page 3-Ixiv 31 Plan submittal is not considered complete until the appropriate review fees have been paid in full.47 (A)(13) Once an Erosion and Sedimentation Control Plan has been determined to be complete by the Erosion Control Officer and the appropriate review fees have been paid in full, theT-4e Erosion Control Officer shall within 30 business days rpv4p ,o;;^h ^^mpleto eros on and speddi.M.P—Ptafip—n Pla.n 16--i-Mitted- and- within 30 days of receipt thereof will notify the Erosion and Sedimentation Control Plan that it has beenapplicant in writing that the complete Erosion and Sedimentation Control Plan has been: (1) Approved, (2) Approved with modifications, or (ZC�)Approved with Ge„d itions, (4) Approved with perfermanGe reservatio,ns,048 (5)(3) Disapproved. (13)LLExamples of approvals with modifications includeconditi ns of approval are, but are not limited to: (1) Channel stabilization must be successful or another type of lining must be used; (2) Delineating certain areas to be graded and stabilized within a specified number of days to reduce the potential for erosion and protect critical areas; (3) Providing a performance security provide id permanent ground coyer��_ _ana or (4)L3LRequiring the PeFSGn finaRGially ro sob4eFinancially Responsible Party to retain the services of a professional engineer or architect to supervise implementation of the approved Eresienr Erosion and Sedimentation Control PIanSerrtrel RlaR. (q(D) Disapproval of an Erosion and Sedimentation Control Plan-p4R must specifically state in writing the reasons for disapproval. 2.19.6 Timeframe for Review of New Erosion and Sedimentation Control Plans" Failure by the Erosion Control Officer to approve, approve with ,.ORditiens approve with modifications,or disapprove a complete new Erosion and Sedimentation Control Plan submittal within 30 calendar days of the date at which the new Erosion and Sedimentation Control Plan submittal was determined by the Erosion Control Officer to be complete receipt of the GE)Mpl8te orP,;0Pn end j;Pd*mont.,t,„n nnntrr,l ni,p pl,p shall be deemed aan approval of the Erosion and Sedimentation Control Plan.50 2.19.7 Required Revisions (A) If, following commencement of a ' Land-Disturbinq Activity pursuant to an approved plan rosion and Sedimentation Control Plan, the Erosion Control Officer determines that the pla-R- rosion and Sedimentation Control Plan is inadequate to meet the requirements of the 6ei�51erosion and sedimentation provisions of this Ordinance, the Erosion Control Officer may require any revision of the plan-Erosion and Sedimentation 47 Added clarification here that a plan submittal is not considered complete until review fees are paid. 48"Approved with conditions"and "Approved with performance reservations" have been eliminated based on most current NCAC changes(15A NCAC 046.0118), revised based on NCDEQ peer review comment. 4'Text correction—added "s". so This section was clarified/refined based on NCDEQ peer review comment. si Deleted "soil". Orange County, North Carolina—Unified Development Ordinance Page 3-Ixv 32 Control Plan that is necessary to comply with the ssf-52erosion and sedimentation provisions of this Ordinance. (B) After approving an EmsieR Erosion and Sedimentation Control Planceetfel-Plan, if the Erosion Control Officer, either upon review of such Erosion and Sedimentation Control Plan I n or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, the Erosion Control Officer shall require a revised Erosion and Sedimentation Control PlanP4a44. (C) Pending the preparation and approval of a revised €feviGR Erosion and Sedimentation Control Plan, work shall cease or shall continue under conditions outlined by the Erosion Control Officer. 2.19.8 Timeframe for Review of Revised Erosion and Sedimentation Control Plans" Failure bV the Erosion Control Officer to approve, approve with modifications, or disapprove a revised Erosion and Sedimentation Control Plan submittal within 15 calendar days of the date at which the revised Erosion and Sedimentation Control Plan submittal was determined bV the Erosion Control Officer to be complete shall be deemed an approval of the Erosion and Sedimentation Control Plan.Pail„re to approve, approve with GO +i+innsapprove Plan within 15 days of receipt shall be deemed approval of the planerosmon and sed�mentatinon ran+r nol 54 2.19.9 Tirne-fraMe f.,r Response to Review Comments" (A) The applicant for the Erosion and Sedimentation Control Plan shall submit written responses to any/all written review comments from the Erosion Control Officer and shall submit a revised Erosion and Sedimentation Control Plan.thn norsnn or firm submit an Ernsinr,or.,si.,r ain.d so.Jimer+a+inr, r ein.tt al Dlar, ggatEg p!l a fails to r eR + GGFFeSPE)RdeRGe withiR 90 days, the Erosion Control Offinershall a e that the a pliGa+inn far plan eresmen and se dimeRta+inn Gentrnl plan a ,al has beeR abandGRed- (B) The Erosion Control Officer shall give warning in writing to the person or firm submitting the plan-Erosion and Sedimentation Control Plan before terminating the review of an Erosion and Sedimentation Control Plan . (C) In accordance with Section 2.2 of this Ordinance56 Erosion Erosion and Sedimentation Control PlanCon+w„ of Plan review fees are not refundable. 2.19.10 Erosion and Sedimentation Control Plan Amendments (A) Applications for amendments to-of an approved€reaieR Erosion and Sedimentation Control Plan cn^+��,o; ;:an in written and/or graphic form may be made at any time under the same conditions as the original application. (B) Until such time as said amendment is approved by the Erosion Control Officer, the land disturbing activi Land-Disturbing Activities shall not proceed except in accordance with the€resieR Erosion and Sedimentation Control Plan('^, as originally approved. (C) The provisions of subsection 2.19.7 (B) and (C)of this Ordinance57 shall also apply to amended €resienErosion and Sedimentation Control Plans. 12 Deleted "soil". ss Text correction—added "s". s4 This section was clarified/refined based on NCDEQ peer review comment. ss Title of Section 2.19.9 was refined to better reflection section content. se Reference to"this Ordinance". 57 Reference to"this Ordinance". Orange County, North Carolina—Unified Development Ordinance Page 3-lxvi 33 2.19.11 Consideration of Applicant's Past Performance (A) The Erosion Control Officer may disapprove an rErosion and Sedimentation Control Plan upon a finding that an applicant, or a parent company, subsidiary, or other affiliate of the applicant: (1) Is conducting or has conducted Iand disturbiRg tiv'tyLand-Disturbinq Activity without an approved Erosion Erosion and Sedimentation Control PlanceRtrel Wan, or has received notice of violation of an ErosionErosion and Sedimentation Control Plan previously approved by the North Carolina Sedimentation Control Commission or a local government pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 and has not complied with the notice within the time specified in the notice; (2) Has failed to pay a civil penalty assessed pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 or a local ordinance adopted pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 by the time the payment is due; (3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to the North Carolina Sedimentation Pollution Control Act of 1973; or (4) Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to the North Carolina Sedimentation Pollution Control Act of 1973. (B) For purposes of this subsection (2.19.11)an applicant's record may be considered for only the two years prior to the application date. (C) The Erosion Control Officer shall notify the applicant and the State's Director of the Division of an4 Reso Gee Energy, Mineral, and Land Resources58 of a disapproval issued under the provisions of this subsection within 10 days. The notification shall be in writing and shall include the specific reasons the Eres'erErosion and Sedimentation Control PlanGentref Plan was disapproved. 2.19.12 Erosion and Sedimentation Control Plan Available of-On59 Site A copy of the approved EresiorErosion and Sedimentation Control Plancenfrel Plan and any amendments and required revisions shall be kept on the job site and prominently displayed until all construction is complete, all temporary measures have been removed, all permanent sedimentation and erosion control measures are installed, and the site has been stabilized.60 at all t*R; �T 2.19.13 Notice of Activity Initiation No Pperson may initiate a land-disturbiRg aGt*V*t Land-Disturbinq Activity before notifying the Erosion Control Officer of the date that land dostUFb; g aGt4v+"Land-Disturbinq Activity will begin. 2.19.14 Preconstruction Conference When deemed necessary by the Erosion Control Officer a preconstruction conference may be required and the requirement for the preconstruction conference must be noted in the plans.61 "Appropriate Division name. S9 Text correction—replaced "of"with "on". 10 Added language so as to comply with the state's current E&SC Model Ordinance. 61 Revised per NCDEQ peer review comment(15A NCAC 04B.0120). Orange County, North Carolina—Unified Development Ordinance Page 3-lxvii 34 2.19.15 Transfer of Plans62 (A) The Erosion Control Officer may transfer an Erosion and Sedimentation Control Plan approved pursuant to this Ordinance without the consent of the plan holder to a successor-owner of the property on which the permitted activity is occurring or will occur as provided in this subsection. (1) The Erosion Control Officer may transfer an Erosion and Sedimentation Control Plan if all of the following conditions are met: (a) The successor-owner of the property submits to the Erosion Control Officer a written request for the transfer of the Erosion and Sedimentation Control Plan and an authorized statement of financial responsibility and documentation of property ownership. (b) The Erosion Control Officer finds all of the following: 1. The Erosion and Sedimentation Control Plan holder is one of the following: a natural person who is deceased; a partnership, limited liability corporation, corporation, or any other business association that has been dissolved; a Person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur; or, a Person who has sold the property on which the permitted activity is occurring or will occur. 2. The successor-owner holds title to the property on which the Permitted activity is occurring or will occur. 3. The successor-owner is the sole claimant of the right to engage in the permitted activity. 4. There will be no substantial change in the permitted activity. (2) The Erosion and Sedimentation Control Plan holder shall comply with all terms and conditions of the Erosion and Sedimentation Control Plan until such time as the Erosion and Sedimentation Control Plan is transferred. (3) The successor-owner shall comply with all the terms and conditions of the Erosion and Sedimentation Control Plan once the Erosion and Sedimentation Control Plan is transferred. (4) Notwithstanding changes to law made after the original issuance of the Erosion and Sedimentation Control Plan, the Erosion Control Officer may not impose new or different terms and conditions in the Erosion and Sedimentation Control Plan without the prior express consent of the successor-owner. Nothing in this subsection shall prevent the Erosion Control Officer from requiring a revised Erosion and Sedimentation Control Plan pursuant to General Statute 113A- 54.1.(b). Section 2.20: STREAM BUFFERS -USE AUTHORIZATION CERTIFICATE 2.20.1 Use Authorization Certificate (A) Application Requirements ez NEW SECTION—Section 2.19.15 added so as to comply with the state's current E&SC Model Ordinance. Orange County, North Carolina—Unified Development Ordinance Page 3-Ixviii 35 (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 Qualit}F Resources of the North Carolina Department of Environment and Natural ooso61FGos-of Environmental Quality(NCDEQ)63 for a decision. Section 2.21: STORMWATER MANAGEMENT Stormwater Management Plan (A) Application Requirements (1) AR appliGatiGR for appre-yal .,f o Ctrs pater MaRagGPnGRf Dlo., 6c _-_N shale filed with the Erosion Centre.' Offror ., forms provided by the PlanRiag ^e^ TA Stormwater Management Plan (SMP) shall be prepared for all Land-Disturbing Activities subject to this Ordinance whenever the proposed Land-Disturbing Activity exceeds the stormwater thresholds as defined in the Orange County Watershed Matrix(Table 4.2.10 of this Ordinance).65 (B) Plan Requirements 63 Correction of entity name. 64 Title of Section 2.21 revised to include the text"PLANS(SMPs)"so as to differentiate Section 2.21 from Section 6.14 and to include the appropriate acronym for Stormwater Management Plans(SMPs)-NOTE: "Stormwater Management Plan"and"SMP"are integrated through the remainder of Section 2.21, where applicable. 61 Section 2.21.1 (A) updated so as to reference the"Orange County Watershed Matrix Table(located in new Section 4.2.10 for determining land disturbance thresholds specific to each watershed within Orange County. Orange County, North Carolina-Unified Development Ordinance Page 3-lxix 36 (1) PermanentGrisite sterrnwateF soRtFE)l measu esAny proposed permanent Stormwater Control Measures (SCMs)66 must be shown as part of the Stormwater Management oianSMP and must accompany the Land Disturbing Land Disturbing Permit(LDP)67 application submittal package68. SCMs are tesha1169 hQ in A,.,.ARJARG8 With the meet the requirements of the most current version70 of the North Carolina Administrative Code Title 15A, Subchapter 02H Sections .1000 through .1062, and the most current version of the Department of Environmental Quality(NCDEQ) Stormwater Design Manual. (2) All calculations for Nutrient Export (including the nutrient accounting tool), Peak Run-off Volume, and permanent SCMs designed for Nutrient Removal, as applicable," must be included in the LDP application submittal package72. (3) SCMs that are designed, constructed and maintained in accordance with the most current version73 of the North Carolina Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062 and the most current version of the-NCDEQ Stormwater Design Manual, the74 approved accounting too1s75, and the76 requirements listed in Section 6.14 of this Ordinance77 will be presumed to meet the required performance standards of Section 6.14 of this Ordinance78. 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 of this Ordinance79. (C) Plan Approval The Erosion Control Officer is authorized to approve any Ster,,,water Managemen+ PlanSMP which is in conformance with the performance standards specified in the most current version80 of the North Carolina Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062 and the most current version of the NCDEQ Stormwater Design Manual, and other requirements of this Ordinance. (D) Approved Plan a Prerequisite The Erosion Control Officer is not authorized to issue any perm+t&-LDPs for development on any land that is defined as new development under Section 6.14 of this Ordinance unless and until an SMP Ster,,,, ater nnaRageme + of ,., in compliance with the requirements of this Ordinance has been approved. (E) Design of Permanent Nutrient Export Reduction Stormwater Control Measures 66"Stormwater Control Measures" is correctly noted to match the Definitions section of this Ordinance and the appropriate acronym for Stormwater Control Measures(SCMs) is included—NOTE. "Stormwater Control Measure"and"SCM"are integrated through the remainder of Section 2.21, where applicable. 67"Land Disturbing Permit" is correctly noted to match the Definitions section of this Ordinance and the appropriate acronym for Land Disturbing Permit(LDP) is included—NOTE: "Land Disturbing Permit"and'LDP" are integrated through the remainder of Section 2.21, where applicable. 68 Consistent use of"application submittal package". "Text correction—grammar fix. 70 Consistent reference to"most current versions"of Subchapter 02H and the NCDEQ Stormwater Design Manual. 71 Added the text"as applicable", since nutrient export calculations are not required in the Cape Fear River Basin. 72 Consistent use of"application submittal package". 73 Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual. 74 Text correction—added "the". 75 Text correction—added "s". 76 Text correction—added "the". "Consistent reference to"this Ordinance". 78 Consistent reference to"this Ordinance". 79 Consistent reference to"this Ordinance". S0 Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual. Orange County, North Carolina—Unified Development Ordinance Page 3-lxx 37 When a permanent nutrient export reduction SCM is required for new development to meet the requirements of this Ordinance, a North Carolina registered professional engineer shall prepare the p aP-SMP with the Engineer's Certification of Stormwater Management affixed, signed, sealed and dated. Section 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 5.5.4. (D) An application for a major home occupation shall require a Special Use Permit and adhere to the requirements of Sections 2.5.3, 2.7, and 5.5.4. 2.22.2 Conditions of Approval (A) If conditions are attached to the approval of a permit, they may address deficiencies in meeting specific Ordinance requirements or they may address specific impacts which result from the operation of the home occupation. (B) If conditions address specific impacts which result from the operation of the home occupation, the conditions may include, but not be limited to the following limitations: (1) Hours of operation; (2) Number of vehicles to be parked on the premises; (3) The location of an accessory building, storage area or parking on the property. (C) The Planning Director may require greater setbacks and/or additional landscaping or screening to adequately screen the home occupation from adjoining properties. 2.22.3 Application Approval (A) If the application is approved, either with or without conditions, the Planning Director shall send the applicant a permit letter informing him/her of the approval and of the requirements of the Ordinance that apply to the home occupation. (B) The permit letter must be signed by the applicant to indicate his/her willingness to operate the home occupation in conformance with the requirements and conditions set forth in the permit letter. (C) Each permit letter shall be kept on file by the Planning Director and shall constitute the Home Occupation Permit for the particular use in question. (D) The home occupation may be operated by the applicant as long as it is operated in conformance with the requirements and conditions set forth in the permit letter. 2.22.4 Application Denial If the application is denied, the Planning Director shall notify the applicant of the denial and shall state the reasons for denial in writing. 2.22.5 Appeals The applicant may appeal the decision of the Planning Director to the Board of Adjustment as set forth in Section 2.27. Orange County, North Carolina-Unified Development Ordinance Page 3-lxxi 38 (B) A detailed explanation describing the differences in the three boundary lines contained in (A) above. 2.26.7 Flood Regulations (A) Any property owner who has received an order to take corrective action in accordance with Section 9.7 may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten business days following issuance of the final order. (B) The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order. 2.26.8 Soi-Erosion and Sedimentation Control Plan" (A) Appeal of Erosion and Sedimentation Control Plan Except as provided in subsection (D) below, the appeal of a disapproval or an;approval with modifications, or approval with conditions of an Erosion Erosion and Sedimentation Control Plan shall be governed by the following provisions: (1) The disapproval or modification of , attaadto any proposed EFGSi9RrErosion and Sedimentation Control Plan by the Erosion Control Officer shall entitle the person submitting the plan to an appeal of the decision to the Orange County Planning Director. (2) If the Planning Director upholds the decision, the person shall be entitled to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval, modification, or conditions of approval. (B) Hearings (1) Orange County (a) This sub-subsection pertains to appeals for Lland-Ddisturbing Aactivities occurring outside the corporate limits of the Towns of Chapel Hill, Carrboro, and Hillsborough, and the City of Mebane. (b) Hearings held pursuant to this sub-subsection shall be conducted by the Orange County Planning Board within 30 days after receipt of written demand, as provided for in (A)(2) above. (c) The Orange County Planning Board shall make recommendations to the Board of County Commissioners within 30 days after the date of the hearing on such Erosion .Erosion and Sedimentation Control Plan. (d) The Board of County Commissioners will render its final decision on any Erosion Erosion and Sedimentation Control Plan appeal within 30 days of receipt of the Planning Board recommendation. (2) Other than Orange County (a) This sub-subsection pertains to appeals for Lland-Ddisturbing Aactivities occurring within the corporate limits of the Towns of Chapel Hill, Carrboro, and Hillsborough, and the City of Mebane. 81 Consistent use of"Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002 (Definitions)— NOTE: "Erosion and Sedimentation Control Plan"is integrated through the remainder of Section 2.26, where applicable. Orange County, North Carolina—Unified Development Ordinance Page 3-Ixxviii 39 (b) Hearings held pursuant to this sub-subsection shall be conducted by a designated agency of the appropriate town or city board within 30 days after receipt of written demand, as provided for in (A)(2)above. (c) The said designated agency shall make recommendations to the appropriate town or city board within 30 days after the date of the hearing on such Erosion .Erosion and Sedimentation Control Plan. (d) The said appropriate town or city board will render its final decision on any Erosion Erosion and Sedimentation Control Plan appeal within 30 days of the receipt of the recommendations from the said designated agency conducting the hearing. (C) Appeal from Local Government's Decision If the local governing body upholds the disapproval or modification , medif;^^+;^^ or of a proposed Eresion Erosion and Sedimentation Control Plan following the public hearing, the applicant shall be entitled to appeal the local government's action to the North Carolina Sedimentation Control Commission as provided in Section 113A-61(c) of the General Statutes and Title 15A NCAC 4B.0118. (D) Appeal of Erosion and Sedimentation Control Plan if Disapproval Based on Applicant's Past Performance The applicant may appeal disapprovals issued under the provisions of Section 2.19.11 of this Ordinance directly to the North Carolina Sedimentation Control Commission. (E) Appeal of Land-Disturbing Stop Work Order (1) The person conducting the land disturbing aGti 4tyLand-Disturbing Activity may appeal a stop work order to the Board of County Commissioners within a period of five days after the order is issued. (2) Notice of the appeal shall be given in writing to the Board of County Commissioners, with a copy to the Erosion Control Officer. (3) The Board of County Commissioners shall conduct a hearing at their next scheduled business meeting at which the appellant and the Erosion Control Officer or Inspector shall be permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as possible. (4) Pending the ruling by the Board of County Commissioners on an appeal, no further work shall take place in violation of a stop work order. 2.26.9 Stormwater Management Plan (A) Appeals of the Erosion Control Officer's decision on a Stormwater Management Plan SMP 82 shall be made to the Orange County Planning Director. (B) If the Planning Director upholds the decision, the applicant shall be entitled to a public hearing if the applicant submits written demand for a hearing within 15 days after receipt of written notice of disapproval, modification, or conditions of approval. (C) The hearing shall be conducted by the Orange County Planning Board within 30 days after receipt of written demand for a hearing. (D) The Orange County Planning Board shall make recommendations to the Board of County Commissioners within 30 days after the date of the hearing. (E) The Board of County Commissioners shall render its final decision on any stormwate management pla SMP upon which a hearing is requested within 30 days of receipt of the recommendations from the Planning Board. 82 Reference to the appropriate acronym for Stormwater Management Plan (SMP)—NOTE: "SMP"is integrated through remainder of Section 2.26, where applicable. Orange County, North Carolina—Unified Development Ordinance Page 3-lxxix 40 2.26.10 Appeal of Stop Work Orders Regarding Stormwater Management Plan83 Provisions (A) The person conducting the development activity may appeal a stop work order to the Board of County Commissioners within a period of five days after the order is issued. (B) Notice of the appeal shall be given in writing to the Board of County Commissioners, with a copy to the Erosion Control Officer. (C) The Board of County Commissioners shall conduct a hearing at their next scheduled business meeting at which the appellant and the Erosion Control Officer or Inspector shall be permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as possible. (D) Pending the ruling by the Board of County Commissioners on an appeal, no further work shall take place in violation of a stop work order. 2.26.11 Appeals from Final Decisions Regarding Soo! Erosion and Sedimentation Contro.1 WanErosion and Sedimentation Control Plan84 Civil Penalties (A) Appeal from Board of County Commissioners or Other Governing Body Decisions Appeal from the final decision of the governing body regarding civil penalties assessed for violations of the se485-erosion and sedimentation control provisions of this Ordinance shall be to the Superior Court of the county where the violation occurred, or in the county where the violator's residence or principal place of business is located. 2.27.1 Application Requirements (A) The purpose of a Performance Guarantee is to ensure proper installation of required improvements (i.e. roadways, landscaping, parking, utility infrastructure, impervious area, etc.) in a timely manner in accordance with approved plans, plats, and construction plans. (B) When a Performance Guarantee is required under this Ordinance, or necessary for the completion of required improvements, applicants shall submit a Performance Guarantee application for processing in accordance with Section 2.2 of this Ordinance. Applications shall be reviewed for compliance with applicable standards contained within Section 6.22 of this Ordinance.87 (C) Accepted Performance Guarantee applications shall be distributed to applicable agencies (e.g. NC Department of Transportation, utility providers, etc.), the Orange County Development Advisory Committee (DAC), and other departments for review and comment. (D) Staff shall take final action on the Performance Guarantee application within 30 days of acceptance. Applications not formally denied, or returned to the applicant for modification, after 30 days of receipt are deemed approved. (E) Performance Guarantee applications may be denied due to the following: (1) Insufficient financial guarantee for required work consistent with Section 6.22 of this Ordinance; (2) Financial lending institution issuing guarantee is not authorized to do business in North Carolina; (3) Submitted estimates are deemed inconsistent with applicable industry norms. 83 Consistent reference to"Stormwater Management Plan". 84 Consistent reference to"Erosion and Sedimentation Control Plan". 85 Deleted "soil". 86 NEW SECTION. 87 Reference to new section 6.22. Orange County, North Carolina—Unified Development Ordinance Page 3-lxxx 41 (4) Noncompliance with provision of this Ordinance. (F) If approved, all Performance Guarantees are conditioned upon the performance of all work necessary to complete the specified improvements. Orange County, North Carolina—Unified Development Ordinance Page 3-Ixxxi Article 4: Overlay Zoning Districts 42 Section 4.2:Watershed Protection TABLE 4.2.4 RESIDENTIAL DENSITY DISTRICT MAximum DENSITY 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 Stormwater Ccontrol Mmeasures(SCMs)are required in some cases where density JORDAN-PW exceeds 1 dwelling unit per acre. Refer to Section 4.2.5. BACK-PW Orange County, North Carolina—Unified Development Ordinance Page 4-6 Article 4: Overlay Zoning Districts 43 Section 4.2:Watershed Protection 4.2.5 Impervious Surface and Detention Pond88 Requirements for Residential Uses TABLE 4.2.5.1: IMPERVIOUS SURFACE REQUIREMENTS(RESIDENTIAL) DISTRICT IMPERVIOUS SURFACE REQUIREMENTS(RESIDENTIAL) 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). [1], 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 LITTLE-PW Surface 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 U-ENO-PW Transition Areas as designated in the Orange County Land Use Plan. Stormwater BACK-PW Management Plans(SMPs)and/or Stormwater CGontrol Mmeasures (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 SCMs 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 L-ENO-PW (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 Stormwater Management Plans SMPs)and/or Stormwater Control Measures(SCMs)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. $$Removed reference to"Detention Ponds" as that language is irrelevant and misleading to readers. 89 Removed reference to"Detention Ponds" as that language is irrelevant and misleading to readers. 90 Removed reference to"Detention Ponds" as that language is irrelevant and misleading to readers. Orange County, North Carolina—Unified Development Ordinance Page 4-7 Article 4: Overlay Zoning Districts 44 Section 4.2:Watershed Protection DISTRICT IMPERVIOUS SURFACE REQUIREMENTS(RESIDENTIAL) [2] Regardless of the proposed amount of impervious surface area,a Stormwater Management Plans (SMPs) and/or Stormwater Control Measure(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. (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. TABLES 4.2.5.2&4.2.5.3: SLIDING SCALE FOR RESIDENTIAL IMPERVIOUS SURFACE RATIOS ND UPPER ENO LOT SIZE(ACRES) ISR LOT SIZE(ACRES) ISR SQUARE FEET Cells in black DO NOT apply to the Upper Eno 3.1 9.8 13,234 6.0 5.0 .: 3.0 10.0 13,068 5.9 5.1 13,107 2.9 10.2 12,885 2.8 10.4 12,685 2.7 10.6 12,467 2.6 10.8 12,232 2.5 11.0 11,979 2.4 11.2 11,709 5.3 5.7 • 2.3 11.4 11,421 2.2 11.6 11,116 5.1 • 2.1 11.8 10,794 5.0 6.0 13,068 2.0 12.0 10,454 4.9 6.2 13,234 1.9 12.2 10,097 4.8 6.4 13,381 1.8 12.4 9,723 4.7 6.6 13,512 1.7 12.6 9,331 4.6 6.8 13,625 1.6 12.8 8,921 4.5 7.0 13,721 1.5 13.0 8,494 4.4 7.2 13,880 1.4 13.2 8,050 4.3 7.4 13,861 1.3 13.4 7,588 4.2 7.6 13,904 1.2 13.6 7,109 4.1 7.8 13,930 1.1 13.8 6,612 4.0 8.0 13,939 1.0 14.0 6,098 3.9 8.2 13,930 0.9 14.2 5,567 3.8 8.4 13,904 0.8 14.4 5,018 3.7 8.6 13,861 0.7 14.6 4,452 3.6 8.8 13,800 0.6 14.8 3,868 3.5 9.0 13,721 0.5 15.0 3,267 3.4 9.2 13,625 0.4 15.2 2,648 3.3 9.4 13,512 0.3 15.4 2,012 Orange County, North Carolina-Unified Development Ordinance Page 4-8 Article 4: Overlay Zoning Districts 45 Section 4.2:Watershed Protection FOR RESIDENTIAL IMPERVIOUSRATIOS UNIV,CANE, LITTLE,AND UPPER • LOT SIZE(ACRES) ISR SQUARE FEET LOT SIZE(ACRES) ISR SQUARE FEET Cells in black DO NOT apply to the Upper Eno 3.2 9.6 13,382 0.2 15.6 1,359 4.2.6 Impervious Surface, Detention Pond, 91 and Lot Size Requirements for Non-Residential Uses Unless otherwise noted in the Table below, minimum lot sizes shall be in conformance with the underlying zoning district. TABLE 4.2.6: IMPERVIOUS SURFACE REQUIREMENTSON-RESIDENTIAL DISTRICT IMPERVIOUS SURFACE REQUIREMENTS(NON-RESIDENTIAL) 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. [1], [2] U-ENO-CA 2-acre minimum lot size AND 6% impervious surface limit. [11, 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 . [11, 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 . 1 , 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 Stormwater Management Plans (SMPs)and/or Sstormwater CGontrol Mmeasures(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 Stormwater BACK-PW Management Plans(SMPs)and/or Stormwater Control Measures SCMs 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% . [11, 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] 91 Removed reference to"Detention Ponds" as that language is irrelevant and misleading to readers. 92 Removed reference to"Detention Ponds" as that language is irrelevant and misleading to readers. 93 Removed reference to"Detention Ponds" as that language is irrelevant and misleading to readers. Orange County, North Carolina—Unified Development Ordinance Page 4-9 Article 4: Overlay Zoning Districts 46 Section 4.2:Watershed Protection TABLE •: IMPERVIOUS SURFACE REQUIREMENTSON-RESIDENTIAL DISTRICT IMPERVIOUS SURFACE REQUIREMENTS(NON-RESIDENTIAL) 70% impervious surface,with structural 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 UDO. [2] Regardless of the proposed amount of impervious surface area, a Stormwater Management Plan (SMP)and/or a Stormwater Control Measure (SCM)may94sha4 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 Stormwater Control Measures 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: "This footnote has been revised to match the same format as that used in Table 4.2.5.1. 95"Detention Ponds" replaced with "Stormwater Control Measures(SCMs)." Orange County, North Carolina—Unified Development Ordinance Page 4-10 Article 4: Overlay Zoning Districts 47 Section 4.2:Watershed Protection (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, (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. (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 approval and recordation of a declaration of impervious surface re-allocation document (provided bV Orange County) and corresponding exhibit map. The declaration of impervious surface re-allocation document and corresponding exhibit map must clearly outline the proposed modifications, inclusive of the allowable impervious area(s)for each affected lot, the amount of existing and proposed impervious area(s)for each affected lot, and a concise summary of the impervious area(s)to be permanently added and/or removed for each affected lot. The applicant must provide evidence that the proposed impervious surface re-allocations are within the same watershed and within the same tier of that watershed (e.g. critical, protected, unprotected).96 (q(D) Through the installation of a Sstormwater Csontrol Mmeasure (SCM), consistent with the minimum design standards as detailed within the most current version of the North Carolina Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062 and the most current version of the Department of Environmental QualitV(NCDEQ) Stormwater Design Manual, State Ster,,,water Design Manual and this Ordinance.97 se Section 4.2.8 revised to better reflect current practice. 97 Consistent reference to the"most current versions"of Subchapter 02H and the NCDEQ Stormwater Design Manual—addressed through remainder of Section 4.2.8. Orange County, North Carolina—Unified Development Ordinance Page 4-11 Article 4: Overlay Zoning Districts 48 Section 4.2:Watershed Protection (1) The proposed feature must be recognized by Orange County and the State as allowing for an increase in impervious surface area through an infilmrntraRovrn, stormwater feature Infiltration System98. (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 mate most current version of the North Carolina Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062 and the most current version of the NCDEQ Stormwater Design Manual 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 SCM in accordance with Orange County99 and State regulations. The Planning Director shall cause an analysis to be made of the agreement by qualified representatives of the-Orange County100 and other agencies or officials as appropriate. Once approved, the document shall be recorded atin the Orange County Registerfaf101 of Deeds office. The property owner assumes all financial and legal responsibility for the perpetual maintenance and upkeep of the approved SCM. (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 SCM has been approved by the-Orange County'02 (7) The property owner, at its cost and expense, shall be required to execute and file with the Orange County103 a Performance Guarantee bond or other form of aGGeptable ,Fit y, to cover the cost of removal of a SCM, and any additional impervious surface area installed as the result of its approval, in the event the SCM is failed to be maintained in accordance with the recorded operations agreement. The amount of the bond shall be 9 101% of the estimated root of removing the feature and imperviousurfone area as ertified by a lioenoe.d prefessional ee. rveyer.The Performance Guarantee shall comply with the provisions of Section 6.22 of this Ordinance.104 98 Correct reference to"Infiltration System" as defined in 15A NCAC 02H.1002 (Definitions) and in the Definitions section of this Ordinance. 99 Consistent reference to"Orange County". 100 Consistent reference to"Orange County". 101 Text corrections. 101 Consistent reference to"Orange County". 101 Consistent reference to"Orange County". 104 Reference to new section. Orange County, North Carolina—Unified Development Ordinance Page 4-12 Article 4: Overlay Zoning Districts 49 Section 4.2:Watershed Protection 4.2.10 Orange County Watershed Matrix105 Table 4.2.10 defines the land disturbance area thresholds (in square feet)that tripper the need for an Erosion & Sedimentation Control Plan and/or a Stormwater Management Plan. 4.2.1 Back Creek 20,000 21,780 43,560 **NA **NA E Haw Creek 20,000 21,780 43,560 **NA **NA Q **NA **NA Cane Creek *10,000 21,780 43,560 3 Cane Creek Critical Area *10,000 21,780 43,560 **NA **NA w = Haw River(protected) 20,000 21,780 43,560 **NA **NA w Haw River(unprotected) 20,000 21,780 43,560 **NA **NA a- Q **NA **NA Ul E Jordan Lake(unprotected) 20,000 21,780 43,560 ** ** Jordan Lake(protected) 20,000 21,780 43,560 NA NA 0 _ **NA **NA 3 University Lake *10,000 21,780 43,560 a) Z **NA **NA � University Lake Critical Area *10,000 21,780 43,560 Flat River 20,000 12,000 21,780 2.2 0.33 Little River 20,000 12,000 21,780 2.2 0.33 a� Lu J Upper Eno *10,000 12,000 21,780 2_2 0.33 z @ Upper Eno Critical Area *10,000 12,000 21,780 2.2 0.33 LL Lower Eno (unprotected) 20,000 12,000 21,780 2.2 0.33 Lower Eno (protected) 20,000 12,000 21,780 2.2 0.33 Y Hvco Creek 20,000 NA NA NA NA O z Q 0 South Hvco Creek 20,000 43,560 43,560 NA NA *Waiver required. **Jordan Lake nutrient export regulations are not currently enforced, in compliance with State mandate. Orange County will resume enforcement of nutrient export regulations if/when the State mandate is revised. NOTES: [11 Thresholds are listed in square feet(SF). [21 Not part of larger development. [31 Nutrients listed in pounds/acre/year. [41 43,560 square feet= 1 acre. [51 21,780 square feet /Y acre. [61 10,890 square feet='/4 acre. [71 A site plan may also be constrained by stream buffer requirements and impervious surface limitations, in addition to typical zoning setback requirements. 105 NEW TABLE. Peer review comments included suggestion to move new Table 4.2.10 to a new Section 4.2.10. Orange County, North Carolina-Unified Development Ordinance Page 4-14 Article 5: Uses 50 Section 5.7: Standards for Recreational Uses the first site plan approved; (vi) Changes in pedestrian and/or vehicular access or circulation that moves such facilities more than 25-feet; and (vii) A change in the location or extent of street and utility improvements or rights-of-way, including water, sewer and storm drainage facilities, which would provide a different level of service and that is not associated with a less than 10% increase in playable acreage. (C) Submittal Requirements In addition to the information required by Section 2.9, the following information shall be supplied as part of the application for approval of this use: (1) A site plan prepared in accordance with Section 2.5, also illustrating the golf course routing plan. The plan shall show the center line of play, the boundaries of fairways, greens, tees, roughs, hazards, and buffers. (2) A written and graphic site analysis illustrating soils, depth to water table, slope, hydrology, vegetation, natural areas and habitats of special concern, infrastructure and other manmade features, historic and archaeological sites, and a visual analysis of views into and from the site; (3) A biological inventory which identifies habitat diversity, species diversity, species of special concern such as those designated as threatened or endangered, last known sighting, candidate species likely to be present which may warrant protection, specimen trees outstanding in size and/or species, and the status and source of the information compiled in the inventory. The biological inventory shall be accompanied by an analysis describing habitat integrity, relationships between habitats and to ecological communities off site, any existing threats to flora and fauna, and potential for habitat enhancement; (4) An Environmental Assessment as required per Section 6.16 of this Ordinance; (5) Grading and Erosion Erosion and Sedimentation Control Plan; (6) Stormwater Management Plan (SMP); (7) Utilities Plan, including schematic irrigation plan; (8) Landscape Plan; (9) Resources Management and Mitigation Plan including, but not limited to, construction policies, methods for protecting water resources and natural areas, pollutant monitoring program, restoration and mitigation plan for wetlands and other habitats, federal permits as may be required for alteration of wetlands, maintenance specifications for on-going site management, including solid waste, water conservation plan; (10) Integrated Pest Management Program demonstrating a monitoring program for pest problems as well as biological and chemical methods to control weeds, insects, and disease; and (11) Hazardous Materials Management Plan, including a description of the program for application, storage, and handling of pesticides, fertilizers, swimming pool chemicals, and any other hazardous substances; a Material Safety Data Sheet listing each substance, its known impacts, physical properties, and protective measures; a Tier Two form stating the location and quantity of each substance; and building and site plans showing location and quantities of hazardous materials. (D) Standards of Evaluation Orange County, North Carolina—Unified Development Ordinance Page 5-40 Article 5: Uses 51 Section 5.7: Standards for Recreational Uses (iv) Stream buffers shall be provided as per Section 6.13 of this Ordinance; (v) In out of play wooded areas, the mulch layer shall be retained; and (vi) Trees and stumps cleared for the course, roads, and building construction shall either be used for timber purposes or shredded for landscape mulch, composted, buried, or burned after obtaining appropriate permits. (b) Parking lots and outdoor storage areas shall be landscaped and screened as per the standards set forth in Section 6.8 of this Ordinance; (c) Berms, fences and walls may be used with plant materials for screening, provided such features are designed and located in harmony with other site features and functions; (d) To minimize visual impact by blending architecture into the surrounding landscape, foundation plantings are required at all structures, including free-standing entrance signs; and (e) Turf_grasses shall be selected using drought, pest, and disease resistant species and/or cultivars. (6) Stormwater Management (a) Each golf course shall provide a system of stormwater management designed and constructed in accordance with the standards contained in Section 6.14 of this Ordinance. (b) The sterW,water mana,.emeRt pla Stormwater Management Plan (SMP)106 shall be reviewed and approved in accordance with the provisions of Section 6.14. (7) Mitigation Plan (a) A mitigation plan is required when any wetland or other environmentally sensitive area identified in the biological inventory will be altered as a result of construction or operation of the golf course or other facility (including infrastructure) associated with the golf course development. (b) The mitigation plan shall include the following: (i) An assessment of the ecological value of resources that will be lost and a statement of how that value will be replaced through mitigation; (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; 101 Consistent use of"Stormwater Management Plan (SMP)". Orange County, North Carolina—Unified Development Ordinance Page 5-43 Article 5: Uses 52 Section 5.7: Standards for Recreational Uses (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 n�rr�JeGt Once the installation is complete, 30% of the amount of the hon.J letter of credit or escrow will he held for 12 months o Gh r until the site i established, whichever is eater Consistent with Section(s) 2.27 and 6.22 of this Ordinance, a Performance Guarantee shall be required for the mitigation project..107 (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 Sstormwater CBontrol Mmeasures (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 most current version of North Carolina Administrative Code Title 15A Chapter 4: Sedimentation Control, and the most current version of the NC Erosion Control Manual;108 (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. (b) The plan shall be updated as necessary to incorporate changes in pesticide choices, applications, etc. 10'Reference to new sections. 101 Correct reference to the most current versions of North Carolina Administrative Code Title 15A Chapter 4: Sedimentation Control and the most current version of the NC Erosion Control Manual. There is no Orange County manual. Orange County, North Carolina—Unified Development Ordinance Page 5-44 Article 5: Uses 53 Section 5.7: Standards for Recreational Uses (c) Monitoring will continue on a quarterly schedule for a period of three years from the start of golf course operations. After three years, monitoring may be reduced to two times per year for surface and groundwater. The three-year period may be extended if pollutant levels exceed thresholds established by U.S. Environmental Protection Agency health advisory limits (HAL) and/or standards set by the North Carolina Department of Environment and Natural Resources (NCDENR); Department of Environmental Quality(NCDEQ)109.-_and (d) Parameters for sampling shall be as provided in Section 5.7.3(G)(3) below. (3) Parameters for Sample Testing (a) Total phosphorous, nitrate-nitrogen, total suspended solids, turbidity and pesticides will be analyzed for each sample time; and (b) The Pollutant Monitoring Program submitted with the application as part of the Resources Management Plan shall list the pesticides that will be analyzed and the rationale for such selections, which shall be based on the Tier I risk assessment set forth in Section 5.7.3 fl(1) above. (4) Reporting (a) All surface water, ground water and sediment quality monitoring results will be submitted within 45 days of collection to the Orange County Health Department, Division of Environmental Health; (b) Monitoring results shall be retained on site by the golf course superintendent and shall be available for inspection; and (c) An annual report will be submitted on a date established by the Planning and Inspections Department. (5) Management Response to Pollutant Monitoring (a) If contaminants are found that reasonably may be attributed to the construction, operation, and/or maintenance of the golf course, management plans shall be reviewed to assess the problem. Appropriate adjustments in the resource management and/or integrated pest management plans shall be made to prevent further contamination; and (b) If sampling and analysis indicate a trend toward increased concentrations of contaminants or if the U.S. Environmental Protection Agency health advisory limits (HAL)or State ground or surface water standards for thresholds are exceeded, then Orange County will notify the appropriate authorities. 5.7.5 Camp (A) Submittal Requirements and Standards of Evaluation for Special Use Permit (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) A site plan prepared in accordance with Section 2.5, also showing the following (existing or proposed): (i) Buildings, (ii) Campsites, 101 Corrected entity reference. Orange County, North Carolina—Unified Development Ordinance Page 5-47 Article 5: Uses 54 Section 5.7: Standards for Recreational Uses (iii) Storage areas, (iv) Fencing and gates, (v) Outdoor recreation areas (vi) Access road(s)to the site, as well as on site roads, with an indication of type of proposed surface. (b) A description of the type of facility planned, the size, capacity, and use of proposed buildings; a signed statement from the owners or operators that there shall be no activity allowed that will have adverse effects on adjacent property. The statement shall also include a complete list of all recreational activities that will take place on the site. (c) A phasing plan, when necessary, indicating the area to be developed in each phase with time periods for construction of each phase. This may be indicated on the site plan. (d) The site plan shall show the distances to the nearest residential structure. (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 minimum 30 foot Type B buffer, as indicated in Section 6.8 shall be observed around the perimeter of the property. (c) If private recreational facilities are proposed, the improvements must meet the site improvement requirements in Section 7.11 of this Ordinance. The site plan for recreational facilities shall be reviewed by the Orange County Recreation and Parks Director. (d) Off street parking requirements shall be provided in accordance with Section 6.9 of this Ordinance. 5.7.6 Race Track (A) Submittal Requirements A formal site plan shall be submitted showing the current and proposed conditions of the property, including: (1) Existing impervious surface calculations, (2) Location of sterW,water retention s'tesStormwater Control Measures (SCMs)10 (3) The location of all structures and their distance from all property lines, (4) The location of the septic field and repair areas, (5) The location of petroleum storage containers and re-fueling areas, (6) The location of all existing vegetation and buffer areas, (7) All parking areas including internal traffic circulation patterns for the property, and 110"stormwater retention sites" replaced with "Stormwater Control Measures(SCMs)",as any potential stormwater management requirements are not limited to'retention sites'. Orange County, North Carolina—Unified Development Ordinance Page 5-48 Article 5: Uses 55 Section 5.7: Standards for Recreational Uses (8) All other required information outlined within Section 2.5 of this Ordinance. (B) Standards of Evaluation Prior to any land--disturbing activity"' on the property, including the expansion of any existing uses, the property shall be brought into compliance with Section 6.15 of this Ordinance. (1) A 50-foot wide landscaped buffer shall be installed along any portion(s) of property with public road frontage in accordance with the provisions of Section 6.8 of this Ordinance. In those instances where there are existing structures, raceways, or vehicular use areas already encroaching into the required landscaped area the applicant shall condense the required plantings into the un- encroached landscaped area. The ultimate intent of this landscape area, for existing and new facilities, is to: (a) Provide noise attenuation, (b) Shield the direct view of the activities from surrounding residential uses, (c) Provide formal, defined, entries into the facility, and (d) Naturalize the perimeter. (2) A 200-foot landscape and conservation buffer/easement shall be established along all other property perimeters. The entire forest canopy shall be actively maintained and managed at all height levels as a semi-opaque, intermittent visual buffer. Land use buffers may be modified to improve their appearance, functions and overall condition. Permitted modifications may include reforestation, woodland management, landscape enhancement, or stream buffer protection. (3) Existing and proposed signage shall comply with Section 6.12 of this Ordinance. (4) The facility owner shall demonstrate compliance with Section 6.9 of this Ordinance and, specifically, complete the following: (a) Properly define and delineate the parking and travel lanes on the property, and (b) Define and delineate emergency vehicle access points and fire lanes on the property. (5) The facility owner shall work with NCDOT to complete a traffic intersection analysis for access points along any state-maintained road or highway to determine need for access improvements such as left turn lanes or deceleration lanes. (6) The facility owner shall work with NCDOT, the State Highway Patrol, and County officials to address traffic management issues to coordinate acceleration and deceleration lanes at approved entrance and exit points on the property during major events. (7) The facility owner shall work with NCDOT and County officials to post proper signage on the property directing traffic through a one-way ingress and egress location. (8) A litter collection and recycling system shall be developed throughout the grounds and at all points of egress. During events facility employees shall remove trash from the receptacles in a timely manner. "Land-Disturbing Activity" is correctly noted to match the Definitions section of this Ordinance—NOTE. "Land- Disturbing Activity"is integrated through the remainder of Article 5, where applicable. Orange County, North Carolina—Unified Development Ordinance Page 5-49 Article 5: Uses 56 Section 5.7: Standards for Recreational Uses (9) All new facilities shall install noise abatement systems to ensure compliance with applicable County noise regulations. For existing facilities, the property owner/managers shall provide a noise abatement system to reduce sustained noise levels at the property lines to the lowest practical level. In order to12To accomplish this goal, the owners/managers have the option of employing, either singly or in combination, any of the following: (a) Requiring all competition vehicles to have functional noise mufflers attached at all times; (b) Installing a system of noise baffles, berms, or walls on the perimeter of the racetrack facility incorporated into the design and placement of any lighting system and viewing stands, and/or (c) Depressing the elevation of the raceway track surface, or (d) Some other innovative noise abatement system. (10) Limits on racing activities shall be such that no race shall extend beyond 11:00 p.m. on Friday and Saturday nights, or beyond 9:00 p.m. on other evenings. Practice activities shall not commence before 10:00 a.m. on any day and shall cease by 9:00 p.m. (11) All external lighting fixtures shall comply with Orange County lighting standards (Section 6.11). (12) No storage of hazardous materials shall be permitted, except for racing fuel and lubricants. Such material storage areas shall be enclosed and posted and the Orange County Fire Marshal shall approve a pollution incident prevention plan for the storage facility prior to final occupancy permits. (13) If additional or accessory land uses are desired, the facility owner shall cause a new site plan to be created outlining the location and nature of the proposed new land use, demonstrating compliance with this Ordinance. (14) The County shall approve a construction schedule to complete the items listed above. 5.7.7 Guest Ranch (A) Standards of Evaluation for ASE-CD Zoning District (1) Minimum lot size: 25 acres. (2) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); ...Grammar correction. Orange County, North Carolina—Unified Development Ordinance Page 5-50 Article 5: Uses 57 Section 5.8: Standards for Care&Educational Facilities (i) A ster..water,,,aRagemeRt planStormwater Management Plan (SMP)13 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 Sstormwater CGontrol Mmeasures (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 Erosion and cediMeRt GGRtr.,l Man almost current version of the the North Gareli.,o Eresme . ai.or,r! Cedierdiment Control Dlo.,.,i.,r. DesmQR nnanu Worth Carolina Administrative Code Title 15A Chapter 4: Sedimentation Control, and the most current version of the North Carolina Erosion and Sediment Control Planning and Design Manual (NC Erosion Control Manual)14—and i# app" able The ISler+h �'�reli.,e Erosion end- ce.Jimen+a+ieR u (ii) Construction shall be phased to minimize disturbance and sedimentation; (iii) Sediment control measures shall 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. shall be installed as soon as practical after construction activities for each phase are completed. (h) Solid Waste Management (i) A solid waste management plan, submitted as part of the Resources Management Plan, shall include the method(s)of disposal and recycling of construction debris. (i) Irrigation (i) Irrigation systems for the school project are designed and can be operated according to a water conservation plan described in the Resources Management Plan submitted with the application; (ii) The Resources Management Plan shall identify the source(s)of water to be used for irrigation, the volume available for that purpose, and expected consumption rates. The system design and plan for operation will be evaluated based on efficiency; and (iii) Water recycled from stormwater retention ponds or treated wastewater effluent may be used for irrigation where it is a legally permitted alternative. Q) Habitat Maintenance 113 Consistent use of"Stormwater Management Plan (SMP)". 114 Correct reference to the most current version of North Carolina Administrative Code Title 15A Chapter 4: Sedimentation Control and the most current version of the NC Erosion Control Manual. There is no Orange County manual. Orange County, North Carolina—Unified Development Ordinance Page 5-57 Article 5: Uses 58 Section 5.9: Standards for Utilities (c) Adequate provision has been made for the protection of adjacent property from the dangers of collapse, fire, flooding or other menaces to public health and safety. (d) The applicant shall submit proof of liability insurance covering bodily injury and property damage demonstrating a minimum coverage limit of $500,000.00 per occurrence. 5.9.5 Electric, Gas and Liquid Fuel Transmission Lines (A) Submittal Requirements and Standards of Evaluation for Special Use Permit and Conditional Districts (1) Submittal Requirements In addition to the information required by Section 2.7, the following shall be submitted as part of the application: (a) A site plan showing the following: (i) All existing and proposed structures within the site of the line, (ii) All existing structures within 50 feet of the boundaries of the site, and (iii) Officially designated floodways and floodplains. (b) A plan Gf er„sion and sediment tr IsAn Erosion and Sedimentation Control Plan15 for the site. (c) Typical cross sections for the installation showing elevation of all structures and existing and proposed topography. (d) Plans and elevations of all proposed structures and descriptions of the color and nature of all exterior materials. (e) Certification by the applicant that it is a public utility and a statement that the proposed installation is necessary to accomplish its public utility function and that public convenience and necessity will be served by the proposed installation. (2) Standards of Evaluation (a) Adequate provision has been made to protect adjacent property from the dangers of explosion, rupture, collapse, fire or other menaces to public health and safety. (b) The public convenience and necessity shall be served by this proposed installation, if installed as proposed. (c) The applicant shall submit proof of liability insurance covering bodily injury and property damage demonstrating a minimum coverage limit of $500,000.00 per occurrence. 5.9.6 Solar Array (A) Standards for Accessory Use (1) Standards of Evaluation Residential and non-residential land uses shall be allowed to develop onsite solar arrays as a customary accessory use subject to submittal of a professionally its Consistent use of"Erosion and Sedimentation Control Plan" as defined in 15A NCAC 02H.1002(Definitions) Orange County, North Carolina—Unified Development Ordinance Page 5-63 Article 5: Uses 59 Section 5.9: Standards for Utilities (c) Landscape Plan, at the same scale as the site plan, showing existing and proposed trees, shrubs, ground cover and other landscape material (d) A soils report denoting the types of soil on the property including detail on the compaction necessary to support the proposed development. (2) Standards of Evaluation (a) All on-site utility and transmission lines shall, to the extent feasible, be placed underground. (b) The height of proposed arrays and support structures shall not exceed 40 feet. (c) Individual arrays/solar panels shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way. (d) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (e) All mechanical equipment of principal solar energy systems including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight(8)foot high fence with a self-locking gate, and provided with screening in accordance with the provisions of Section 6.8. (f) The applicant shall submit proof of liability insurance covering bodily injury and property damage demonstrating a minimum coverage limit of$ 500,000.00 per occurrence. (g) A Type D Land Use Buffer shall be provided along any portion of the perimeter of the parcel, easement, or leasehold area located adjacent to property zoned, or otherwise utilized for, residential use except where such property is owned, leased or consists of other utility easements currently used for electrical distribution or transmission purposes. Existing vegetation may be used to satisfy the landscaping requirements. (3) Decommissioning The applicant agrees to the following as conditions in case the utility is to be abandoned: (a) The owner/operator of the facility is required to notify the Orange County Planning Director in writing 60 days prior to planned the cessation or abandonment of the facility for any reason. This notice shall provide the exact date when the use of the facility will cease. (b) Documentation shall be provided indicating that the public utility purchasing the power has been made aware of the decision. (c) The facility shall be removed within 12 months from the date the applicant ceases use of the facility. (d) Once the infrastructure is removed the property, the owner shall obtain the necessary Erosion Control permitsLand Disturbing Permit(s)16 to re- stabilize the property. The time frame for completion shall be determined by the Orange County Erosion Control Officer. (e) The owner shall provide financial security in form and amount acceptable to the County to secure the expense of dismantling and removing said structures. Zie Correct reference to"Land Disturbing Permit". Orange County, North Carolina—Unified Development Ordinance Page 5-67 Article 5: Uses 60 Section 5.10: Standards for Telecommunication Facilities (e) Documentation from applicable state or federal agencies indicating requirements, which affect the appearance of the proposed wireless support structure, such as lighting and coloring. (f) Draft bond which wi4performance bond guaranteeing the removal of the wireless support structure in the event that it is abandoned or unused for a n-..od of 12 monthsconsistent with the provisions of this Ordinance"'. (g) A listing of, and current tax map identifying, all property owners within 1,000 feet of the parcel and addressed, first class stamped envelopes to the property owners for notifications of the public hearing in accordance with Section 2.7.6 of this Ordinance. (h) A report containing any comments received by the applicant in response to the balloon test along with color photographs from various locations around the balloon. (i) Evidence that the balloon test requirement has been met, including a notarized statement and listing of the property owners notified of the test, a copy of a current Orange County Tax Map showing the subject property and all properties within the notification ring, and copies of the certified mail returned receipts from the mail-out. (j) A notarized statement that the sign posting requirement has been met. (k) Photographs of a clearly visible balloon floated at the proposed tower location to the maximum height of the tower, as well as photographs with the proposed tower and associated antennas superimposed upon them showing what the proposed tower will look like. Photographs shall be taken from locations such as: property lines, and/or nearby residential areas, historic sites, roadways, including scenic roads and major view corridors, and other locations as deemed necessary by the Planning Staff to assess the visual impact of the proposed tower. (1) The application shall include a statement that the facility and its equipment will comply with all federal, state and local emission requirements. (m) An Applicant may be required to submit an Environmental Assessment Analysis and a Visual addendum. Based on the results of the Analysis, including the Visual addendum, the County may require submission of a more detailed visual analysis. The scope of the required Environmental and Visual Assessment will be reviewed at the pre-application meeting. (n) If required, a Visual Impact Assessment, which shall include: (i) A"Zone of Visibility Map" shall be provided in order to determine locations from which the tower may be seen. (ii) Panorama photo simulations of the proposed wireless support structure, superimposed on the existing landscape, to scale, showing "before and after"views including but not limited to State highways and other major roads; State and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents (iii) An assessment of the visual impact of the wireless support structure base, guy wires and accessory buildings from abutting and adjacent properties and streets shall be considered to w Michael Harvey edits. Orange County, North Carolina—Unified Development Ordinance Page 5-79 Article 5: Uses 61 Section 5.10: Standards for Telecommunication Facilities possible given the facts and circumstances involved. (q) Lighting (i) The wireless support structures will not be artificially lighted unless required by the FAA, FCC or other federal or state agency. Where such agencies allow a choice between painting the tower or installing strobe lighting, painting shall be the preferred choice. (ii) If lighting is legally required or proposed, the applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under State and federal regulations. (iii) For any facility for which lighting is required under the FAA's regulations, or that for any reason has lights attached, all such lighting shall be affixed with technology that enables the light to be seen as intended from the air, but that prevents the ground scatter effect so that it not able to be seen from the ground to a height of at least 12 degrees vertical for a distance of at least one mile in a level terrain situation. Such device must be compliant with or not in conflict with FAA regulations. A physical shield may be used, as long as the light is visible from the air, as intended by the FAA. (iv) All outdoor lighting not regulated by the FCC shall comply with the Outdoor Lighting Standards set forth in Section 6.11 of this Ordinance. (r) The tower and antenna will not result in a significant adverse impact on the view of or from any historic site, scenic road, or major view corridor. (s) Facilities, including antennas, towers and other supporting structures, such as guy anchor points and wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them. M All abandoned Eeiri uniCariron�rrcl a SS SUppvrtrStruFtU-r$S SkanII he remeved within T2 months orthe eessa ase. A bond or other city guaranteeing the r gal of the tower in the event that it is abandE)Red or--inused fora peried of 12 MORths shall hbeposted. A rest estimate shall he provided by a qualified General Contractor licenser) in the State of North Carolina amount The� of of the security shaall_ .l be 1_101%_e the estimate 118 (u)(t) A determination shall be made that the facility and its equipment will comply with all federal, state and local emission requirements, and the Special Use Permit or Conditional District approval shall include a statement that the facility and its equipment will comply with all federal, state and local emission requirements. M u) Electro-Magnetic Radiation Levels (i) The Special Use Permit or Conditional District approval shall include a condition that the electro-magnetic radiation levels maintain compliance with requirements of the FCC, regarding emission of electromagnetic radiation. its Covered within subsection (5) below. Orange County, North Carolina—Unified Development Ordinance Page 5-84 Article 5: Uses 62 Section 5.10: Standards for Telecommunication Facilities (ii) Within 30 days of installation of equipment on the tower, and within 30 days of the installation of any additional equipment in the future, the tower owner shall provide documentation of emission levels in relation to FCC standards. (iii) In addition, the tower owner must provide documentation of emission levels within five working days if so requested by Orange County. (iv) Orange County may make such requests at any time, not to exceed two times per year. kw)Ly�"High Voltage", "No Trespassing" and Other Signs (i) If high voltage is necessary for the operation of the telecommunications tower or any accessory structures, "HIGH VOLTAGE - DANGER"warning signs shall be permanently attached to the fence or wall and shall be spaced no more than 40 feet apart. (ii) "NO TRESPASSING"warning signs shall be permanently attached to the fence or wall and shall be spaced no more than 40 feet apart. (iii) The letters for the "HIGH VOLTAGE - DANGER" and "NO TRESPASSING" warning signs shall be at least six inches in height. The two warning signs may be combined into one sign. The warning signs shall be installed at least five feet above the finished grade of the fence. (iv) The warning signs may be attached to freestanding poles if the content of the signs would, or could, be obstructed by landscaping. Signs noting federal registration (if required)shall be attached to the tower structure in compliance with federal regulation. (v) Facilities shall contain a sign no larger than four square feet to provide adequate notification to persons in the immediate area of the presence of RF radiation or to control exposure to RF radiation within a given area. (vi) A sign no larger than four square feet containing the name(s)of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s) shall be installed. The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. (vii) On tower sites, an FCC registration sign, as applicable, is also to be present. The signs shall not be lighted, unless applicable law, rule or regulation requires lighting. (viii) The use of any portion of a tower for signs or advertising purposes including company name, banners, streamers, etc. shall be strictly prohibited. (ix) Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the telecommunication tower, unless repairs to the tower are being made. (5) Bond SecurityPerfor., ante Guaranteeperformance Guarantees (a) The applicant and/or the owner of record of a telecommunication support structure ^ �^'+" ^r� +o shall, at *tG GGst andtheir Orange County, North Carolina—Unified Development Ordinance Page 5-85 Article 5: Uses 63 Section 5.10: Standards for Telecommunication Facilities expense, be jointly required to execute and file with the County a Performance Guarantee egd o+her fr,rm .,f tee,,,ri+„ en+ahle +^ +he County as to type of security and the form and manner of execution, in an amount of at least $75 000 nn for a tower and with such sureties as are deemed sufficient by the County to ensurinn a the faithful performance of the terms and conditions of this Section, Section(s) 2.27 and 6.22 of this Ordinance, and applicable conditions of any Special Use Permit or Conditional District approval issued purs�gat--this Sesie-.P. This guarantee shall include costs for the removal of a telecommunication support structure that has ceased being used consistent with Section 5.10.9 of this Ordinance. (b) The full amount of the ben, r Gu fi+„Performance Guarantee shall remain in full force and effect throughout the term of the Special Use Permit or Conditional District approval and/or until any necessary site restoration is completed to restore the site to a condition comparable to that, which existed prior to the issuance of the original Special Use Permit or Conditional District approval.19 (6) Liability Insurance (a) A holder of a Special Use Permit or Conditional District approval for a wireless support structure shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the Special Use Permit or Conditional District approval in the following amounts: (i) Commercial General Liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate; and (ii) Automobile Coverage: $1,000,000.00 per occurrence/ $2,000,000 aggregate; and (iii) A$3,000,000 Umbrella coverage; and (iv) Workers Compensation and Disability: Statutory amounts. (b) For a wireless support structure on County property, the Commercial General Liability insurance policy shall specifically name the County as an additional insured. The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State and with a Best's rating of at least A. (c) The insurance policies shall contain an endorsement obligating the insurance company to furnish the County with at least 30 days prior written notice in advance of the cancellation of the insurance. (d) Renewal or replacement policies or certificates shall be delivered to the County at least 15 days before the expiration of the insurance that such policies are to renew or replace. (e) Before construction of a permitted facility is initiated, but in no case later than 15 days prior to the grant of the building permit, the holder of the Special Use Permit or Conditional District approval shall deliver to the County a copy of each of the policies or certificates representing the insurance in the required amounts. A Certificate of Insurance that states that it is for informational purposes only and does not confer rights upon the County shall not be deemed to comply with this Section. Zis Michael Harvey edits: NOTE TO JAMES BRYAN: my reading of the new Statute indicates this is, ultimately, a performance guarantee that needs to be treated like all other performance guarantees. Thoughts? Orange County, North Carolina—Unified Development Ordinance Page 5-86 Article 5: Uses 64 Section 5.11: Standards for Waste Management Facilities County. However, if the owner of the property upon which the facility are located wishes to retain any access to the facility, the owner may do so with the approval of the County. (E) If a facility is not removed or substantial progress has not been made to remove the facilities within 90 days after the permit holder has received notice, then the County may order officials or representatives of the County to remove the facility at the sole expense of the owner or development approval holder. (F) If the County removes, or causes to be removed a facility, and the facility owner does not claim and remove it from the site to a lawful location within ten days, then the County may take steps to declare the facility abandoned, and sell them and their components. (G) Temporary Use Permit/Agreement (1) Notwithstanding anything in this Section to the contrary, the County may approve a temporary use permit/agreement for the facility, for no more than 90 days, during which time the holder of the development approval shall develop a suitable plan for facility removal, conversion, or re-location, subject to the approval of the County, and the holder of the development approval and the County shall execute an agreement to such plan. (2) If such a plan is not developed, approved and executed within the 90 day time period, then the County may take possession of and dispose of the affected facility in the manner provided in this Section and utilize the bondPerformance Guarantee.120 5.10.10 Ham Radio Antenna (A) Standards of Evaluation (1) Shall be for the private use of the property owner on which they are located. (2) Shall not exceed 90 ft. in height. (3) Minimum setbacks from the base of the antenna to the property boundary shall be equal to 110% of the tower height. STANDARDS O WASTE MANAGEMENT FACILITIES - 5.11.1 Solid Waste Collection Facilities Owned and Operated by A Public Agency for the Purpose of Disposal of Household Waste by Orange County Residents (A) Standards of Evaluation (1) The site shall consist of a parcel, or easement across a parcel, (whether owned or leased by the public agency)which has been recorded by the Orange County Register of Deeds. (2) The parcel or easement across the parcel, (whether owned or leased by the public agency) on which the facility is located shall contain a minimum area of 40,000 square feet. (3) The parcel or easement shall have frontage on a State maintained road. (4) A Type B landscape buffer, 30' in width, shall be provided along the perimeter of the parcel or easement. (5) Fencing at least six feet in height shall be provided between the landscape buffer and the improved portion of the parcel or easement. 110 Consistent reference to"Performance Guarantee". Orange County, North Carolina—Unified Development Ordinance Page 5-90 Article 5: Uses 65 Section 5.12: Standards for Extractive Uses (2) An EFOSOORrErosion and Sedimentation Control Plan121Sentrel R4aR has been approved by the Depar+r eRt Of ERV'r r,. eRt Health a d Natural Res u FGeS; the Division of EnergV, Mineral, and Land Resources (DEMLR).122 (3) The material extracted is to be used solely for a State or Federal road construction project; and (4) Road construction plans include provision for reclaiming the excavated area. If the reclamation plan involves filling the excavated area, the fill material must be inert material defined as beneficial fill by the Solid Waste Branch of the Department of Environment and Natural Resources, provided that the debris is also associated with a State or Federal Highway road construction project. Inclusion of reusable or recyclable materials in the reclamation or filling of the borrow pit should be minimized. A proposed debris recycling program or a statement as to why material will not be recycled must be submitted for review by Orange County. 5.12.2 Extraction of Earth Products (A) Use Standards (1) Processing of materials on-site, beyond incidental mechanical consolidation or sorting to facilitate transportation off-site for further processing, is prohibited. (B) Submittal Requirements and Standards of Evaluation for NR-CD District (1) Submittal Requirements In addition to the information required by Section 2.9, the following shall be submitted as part of the application: (a) 26 copies of the site plan, prepared by an appropriately licensed professional, which shall contain the following: (i) Extent of area to be excavated or mined. (ii) Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property flown within two months of the application for a Special Use Permit. (iii) Existing topography at a contour interval of two feet based on mean sea level datum. (iv) Land use, road system, natural features and topographical ten foot contour intervals) details for the area within 1,000 feet of the perimeter of the property. (v) Typical cross sections showing extent of overburden, extent of sand and gravel deposits, and water table. (vi) Proposed handling and storage areas for overburden, by products and excavated materials. (vii) Location and results of groundwater borings showing depth of groundwater. (viii) Any areas proposed for ponding. (ix) Wind pattern details and on site windbreaks. (x) Soils details and statement addressing agricultural productivity and reclamation. 121 Consistent reference to"Erosion and Sedimentation Control Plan". 122 Reflects current name of the Division. Orange County, North Carolina—Unified Development Ordinance Page 5-94 Article 5: Uses 66 Section 5.12: Standards for Extractive Uses (h) Roads other than permanent roads shall be treated with dust inhibitors, to be specified in the Operations Plan, which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action. Properly operated water wagons shall be an acceptable method of dust inhibition. (i) Where the proposed extraction shall take place within 300 feet of a dwelling, school, church, hospital, commercial or industrial building, public building, or public land, a security fence at least six feet in height shall be installed. Q) Spoil piles and other accumulations of by products shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the material's natural angle of response. (k) The Operations Plan and the Rehabilitation Plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with extraction. (1) No land- disturbap^°Land-Disturbing Activity123 shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same. Within the 250 foot setback area, existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer. No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads. Where vegetation within the 250 foot setback does not exist, the applicant shall be required to provide a dense, evergreen buffer consistent with the purpose cited above. The buffer shall be in place prior to the initiation of any excavation activities. (m) The applicant shall submit operational reports, prepared on an annual basis, detailing the amounts of materials extracted, extent of extractive area, depth of extractive area, and results of groundwater test borings. (n) Annual inspections of the operation shall be conducted by the Planning Director following submittal of the annual operations reports to determine compliance with the provisions of the development approval. (o) In cases of abandonment or termination of operations for a period of 12 consecutive months, application for a new development approval is required. (p) The Roar.- of County Commissioners shall require for all extractive uses aThe applicant shall be required to post a Performance Guarantee to ensure that-the provisions of the Rehabilitation Plan are met. The Performance Guarantee shall bein a form approved by the GGYRtp Attorney. amount of such guarantee shall cover the coact of rehabilitation on a per acre basis if the cost moos note eed the amount posted with the State if the rehabilitation E6St eXEeeds-the-amGYRtS required by the State then the differenGe shall he made 61P ORa hand- to nraRge f oUntl(This Cil Wantee shall be completed in accordance with the provisions of Sections 2.27 and 6.22 of this Ordinance.124 121 Consistent use of"Land-Disturbing Activity'. 124 Consistent reference to Performance Guarantee sections of UDO. Orange County, North Carolina-Unified Development Ordinance Page 5-97 Article 5: Uses 67 Section 5.21: Standards for Miscellaneous Uses (vii) Use of xeriscaping principles. (e) Stormwater Management (i) A Stormwater Management Plan (SMP)125 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 SMP. (iii) Subdivisions that include Sstormwater Ccontrol Mmeasures (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 r,OURt„Gr S,,,n and ged;M8Rt Gentrel lalmOSt current version of the North Carolina Administrative Code Title 15A Chapter 4: Sedimentation Control, and the most current version of the North Carolina Erosion and Sediment Control Planning and Design Manual (NC Erosion Control Manual).mnst current version of the North Carolina Erosion and Sediment Control Dlannon and Design Manual,126 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 A solid waste management plan, submitted as part of the Resources Management Plan, shall include the method(s)of disposal and recycling of construction debris. (h) Irrigation (i) Irrigation systems for the subdivision and the lots in the subdivision are designed and can be operated according to a water conservation plan described in the Resources Management Plan submitted with the application; (ii) The Resources Management Plan shall identify the source(s)of water to be used for irrigation, the volume available for that purpose, and expected consumption rates. The system design and plan for operation will be evaluated based on efficiency; and (iii) Water recycled from stormwater retention ponds or treated wastewater effluent may be used for irrigation where it is a legally permitted alternative. (i) Habitat Maintenance its Consistent use of"Stormwater Management Plan (SMP)"—NOTE. "Stormwater Management Plan"and "SMP"is integrated through the remainder of Article 5, where applicable. 121 Correct reference to the North Carolina manual. There is no Orange County manual. Orange County, North Carolina—Unified Development Ordinance Page 5-124 Article 5: Uses 68 Section 5.21: Standards for Miscellaneous Uses (a) The site plan shall provide reasonable visual, lighting, and sound privacy for all adjacent dwelling units. (4) Emergency access (a) Structures and other site features shall be arranged to permit practical emergency vehicle access to all sides of buildings. (5) Access to public ways (a) Every structure and dwelling unit shall have access to a public street, walkway or other area dedicated to common use. (6) Non-motorized circulation (a) A non-motorized circulation system shall be provided which is direct, efficient, and pleasant. (b) The system shall be complementary to, but independent of the vehicular circulation system. (7) Design of access and egress drives (a) The location, size, and numbers of ingress and egress drives to a site will be strictly limited to minimize the negative impacts on public streets and on adjacent property. This shall include formal entryways and access to outparcels from inside the development only. (8) Coordination with off-site circulation systems (a) The arrangement of rights-of-way or easements for circulation shall coordinate with the pattern of existing and planned streets, pedestrian and/or bicycle pathways and transit routes in the area. (b) Connection to adjacent properties is encouraged where possible. (9) Stormwater control (a) Protective measures shall ensure that removal of stormwater runoff will not adversely affect neighboring properties or the public storm drainage system. (b) Provisions shall be made for construction of stormwater facilities including grading, gutters, and piping to direct stormwater runof 127 and prevent erosion. (c) Surface water on all paved areas shall be collected at intervals that do not obstruct vehicular or pedestrian traffic. (10) Exterior lighting (a) The location, type, size and direction of exterior lighting shall not cause glare or direct illumination that interferes with adjacent properties or safety of public rights-of-way. (11) Protection of property values (a) Elements of a site plan shall be arranged to have minimum negative impact on values of adjoining property and other on-site uses. (C) Specific Standards (1) Unless otherwise indicated herein, the relevant standards for the specific Economic Development Zoning Districts shall apply. 121 Consistent use of"stormwater runoff'. Orange County, North Carolina—Unified Development Ordinance Page 5-126 Article 6: Development Standards 69 Section 6.4: Performance Standards (B) No Permitted Principal Use, Special Use, or Accessory Use in any district shall discharge into the OWASA, Durham or Hillsborough sewage treatment facilities any waste that cannot be adequately treated by biological means. 6.4.7 Hazardous Materials (A) General Standards Each permitted use, special use, and accessory use is required to comply with all applicable federal, state, and local rules and regulations governing the storage, use, and disposal of hazardous materials. (B) Additional Standards in Economic Development Districts (1) Each site plan must be accompanied by a Hazardous Materials Management Plan (HMMP)consisting of the following information: (a) A Materials Safety Data Sheet (MSDS)which lists the specific hazardous substances that a facility is handling and details its known health impacts, physical properties, and appropriate protective measures. a separate MSDS form must be submitted for each hazardous substance handled. (b) A Tier Two form which indicates the precise location and quantity of hazardous materials within a plant or place of business. (c) Building and site plans which indicate the precise location and quantity of hazardous materials. (2) An Environmental Assessment will be required for any use or facility which qualifies as a small or large generator of hazardous waste as defined by the N.C. Department of EnviFORment and Natural ReseuFGeS Environmental Quality NC( DEQ) 1zs (3) Any use or facility which is involved in the long-term storage or disposal of hazardous wastes will be required to submit a full Environmental Impact Statement. (4) Documentation must be provided as part of the HMMP confirming the following: (a) That hazardous wastes are being sent to an approved hazardous waste recycling, storage, treatment or disposal facility, (b) That an EPAID number has been obtained, (c) That only authorized transporters are used, and (d) That on-site storage is limited to 180 days (or up to 270 days if the waste is to be transported more than 200 miles). 6.4.8 Utilities (A) Economic Development Districts (1) Each permitted use, special use, and accessory use to be served by a public or private water or sewer system must be: (a) Designed, sized, and constructed to the standards of the utility provider; and (b) Ensured of installation of such services at the time it is approved. 121 Reflects current name of Department. Orange County, North Carolina—Unified Development Ordinance Page 6-14 Article 6: Development Standards 70 Section 6.4: Performance Standards (2) Each MPD-CD Master Plan and site plan or NR-CD site plan must be accompanied by documentation from the utility provider that it has reviewed and approved: (a) Preliminary plans for the proposed water and/or sewer lines; (b) The adequacy of the existing system(s)to which the connections(s)will be made; (c) The capacity of the existing water and sewer treatment facilities; (d) The carrying capacity of the discharge stream or discharge point; and (e) The method of funding proposed extensions of water and sewer lines. (3) The approval by the utility provider must in the form of a resolution or other agreement adopted by its board of directors or governing board and must also contain a certification that service to the development project is authorized by any water management plan and discharge permit in effect at the time of approval. (4) Installation (a) The location and size of easements for water and/or sewer lines must be approved by and dedicated in the form of a deed of easement to the utility provider. (b) Where cuts in existing streets are made for water and/or sewer work, all cutting, backfilling, and paving shall be done in accordance with N.C. Department of Transportation and/or municipal specifications and procedures. (5) Water Use Limitations Because of the size or remaining excess capacity of treatment plants for some utility providers, uses which require large quantities of water for manufacturing and/or processing operations will require the review and approval of the Board of County Commissioners as a Conditional District in accordance with the following: (a) Applicants for approval of a comprehensive site development plan must submit documented data for the proposed use or a comparable facility which justifies the projected water consumption rates. (b) If the projected water consumption rates exceed 30-,09025,000129 gallons per day, the applicant will be required to obtain development approval as a Conditional District as established in this Ordinance. 6.4.9 Solid Waste (A) Economic Development Districts, MPD-CD, and NR-CD The following general provisions are applicable to MPD-CD and NR-CD applications and each permitted use, special use, and accessory use in Economic Development Districts: (1) All uses and activities must provide secure, safe, and sanitary facilities for the storage and pickup of solid waste and recyclables. Such facilities must be convenient to collection and must be appropriate to the type and size of use or activity being served. 121 Michael Harvey edit: Rate changed consistent with current federal law and guidelines classifies a user that utilizes 25,000 or greater as a Significant Industrial User(SIU). Orange County, North Carolina—Unified Development Ordinance Page 6-15 Article 6: Development Standards 71 Section 6.7:Additional Standards for MPD-CD (b) The acreage of each development lot/pod may be adjusted by up to 15%, provided the acreage of the entire development site remains the same and a plat has not been approved for the property. (2) Roadways &Access Points (a) Shifts in the interior roadways/rights-of-ways shall be considered permitted adjustments provided the following conditions are met: (i) The roadway/right-of-way is moved less than 50 feet to either side, (ii) The roadway/right-of-way width remains the same, and (iii) The roadway/right-of-way shift does not cause a change in the location or design of any intersection with a roadway exterior to the development. (b) Shifts in the location of roadway access points interior of the development shall be a permitted adjustment, provided the number of access points remains consistent with the approved Master Plan and the locations meet all separation requirements established within this Ordinance. (c) All points of access from roadways exterior to the development shall be as approved on the Master Plan. (3) Utilities (a) Shifts in the location of utilities serving the development shall be a permitted adjustment provided the changes are consistent with the following: (i) The proposed changes do not impact any perimeter buffers and/or setbacks established on the Master Plan. (ii) On-site stermwate"^ Stormwater Control Measures SCMs 130 shown on the Master Plan that are considered part of the buffer for incompatible uses, shall not be shifted more than 50 feet along the perimeter property boundary. Zso Stormwater management appurtenances are not restricted only to"stormwater ponds", replaced with "Stormwater Control Measures(SCMs)"for proper terminology and UDC)consistency. Orange County, North Carolina—Unified Development Ordinance Page 6-34 Article 6: Development Standards 72 Section 6.7:Additional Standards for MPD-CD Figure 6.7.2.A: MPD-CD Permitted Utility Adjustments Example Plan — -� I a e Shift<50' I 0 o Approved Utility Approved Stormwater Pond Permitted Utility Adjustment . Revised Stormwater Pond Required Setback(Not Adjustable) (B) Permitted Adjustments may be approved by the Planning Director. The Master Plan shall be revised to show all permitted adjustments and filed with the Planning Department for incorporation in the approved MPD-CD. Other changes to the Master Plan shall be approved by the Board of County Commissioners in accordance with the procedures specified in Section 2.9.2 of this Ordinance. 6.7.3 Final Development Plans (A) Site plans shall be submitted subsequent to MPD-CD Master Plan approval in accordance with the procedures established in Section 2.5 of this Ordinance. (B) Approval of detailed site plans and related material is an administrative action and no public notice or hearing is required. (C) After a MPD-CD district has been established, no zoning compliance permit, permit for Wand--Disturbing Activi y c+„rh;n +;";+"131, building permit, or the like, shall be issued for the site, unless and until the Planning Director has approved a site plan, prepared and approved in accordance with Section 2.5 of this Ordinance, for the development as a whole or each development lot/pod, in accordance with the approved Master Plan. (D) Approval of site plans shall be based on compliance with regulations applying at the time the land was zoned to MPD-CD. (E) The Planning Director shall certify that all conditions imposed by the Board of County Commissioners with the approval of the MPD-CD and Master Plan have been met and a report shall be provided to the County Manager within 30 days following the approval of a site plan for any property included within the MPD-CD. 6.7.4 Start of Construction & Extensions (A) Site plans shall be approved and construction started in accordance with the timetable approved with the Master Plan. If the site plan(s) have not been approved or no construction has started within the stated time frames, the Master Plan becomes void and Zs1"Land-Disturbing Activity" is correctly noted to match the Definitions section of this Ordinance—NOTE: "Land- Disturbing Activity"is integrated through the remainder of Article 6, where applicable. Orange County, North Carolina-Unified Development Ordinance Page 6-35 Article 6: Development Standards 73 Section 6.8: Landscaping, Buffers&Tree Protection (4) Consideration of lower cost and affordable housing shall be incorporated into any mixed use development. (5) A justification for any deviation to development standards must state a public benefit or purpose. (D) Plan Approvals (1) If a MPD-CD rezoning application is approved with a Master Plan, the approval does not obviate the need to obtain site plan approval for the individual "pods"/lots shown on the Master Plan in accordance with the provisions of this Ordinance. (2) If any nonresidential use is located within two hundred feet of a property line of an existing dwelling unit located on a lot smaller than 2 acres in size, an appropriate Conditional District must be approved.. See Section 5.21.2 for standards for uses requiring Conditional District approval. (3) A site plan shall not be accepted by staff for review until the MPD-CD Master Plan has been approved. Section 6.8: LANDSCAPING, BUFFERS & TREE PROTECTION 6.8.1 Purpose and Intent The standards of this section provide for the preservation of existing vegetation and for the installation and maintenance of new vegetation and other landscape architectural features. The purpose of these standards is to: (A) Protect, preserve, and enhance the visual appeal, character, and value of Orange County; (B) Enhance the beauty of the built environment; (C) Enhance the privacy and welfare of citizens by separating incompatible land uses; (D) Allow for the ecological benefits provided by plant materials including: protection of land from erosion and stormwater132 runoff; minimize noise, water, light and air pollution; mitigation of the heat island effect; recharging of aquifers; and protection and enhancement of wildlife habitats; and (E) Preservation of natural forested tree areas. 6.8.2 Applicability The landscaping and buffering standards of this section shall apply to all proposed land development for which a site plan, special use permit, MPD-CD Master Plan, preliminary plat in the case of major subdivisions or a final plat in the case of minor subdivisions, is required. 6.8.3 Variations (A) In some cases the strict adherence to this section of the Ordinance would serve no useful purpose, in which case the Planning Director, may modify the buffer and landscape standards of this Section where: (1) The topography of a site and/or the size of a proposed lot are sufficient to serve the purpose of a buffer; (2) Existing structures, utilities, gardens or active farmland are located in the buffer or setback areas; (3) Existing vegetation is damaged, unhealthy, or poses a safety threat; or Zsz Consistent reference to"stormwater runoff". Orange County, North Carolina—Unified Development Ordinance Page 6-37 Article 6: Development Standards 74 Section 6.8: Landscaping, Buffers&Tree Protection (C) The landscape and tree preservation plan must include the following: (1) The location of existing and proposed structures, parking areas, roadways, fences and walls. Landscape and tree preservation plans for subdivisions shall not be required to show proposed structures, parking areas, fences or walls on individual lots. (2) The location of any required landscape buffers, trees, shrubs and screening materials to be planted; (3) A legend listing all plant materials to be planted; (4) The location of any lighting fixtures proposed to minimize conflicts between lighting and landscaping; (5) The location and species of existing trees in buffer areas if seeking credits for existing vegetation in accordance with Section 6.8.8; (6) Primary tree protection areas, the critical root zones, and the method of protection; (7) Storage areas for construction vehicles and materials, including stockpiled soil and gravel; (8) How areas disturbed during construction are to be restored. Such efforts should be phased to coincide with the establishment of final grades to minimize erosion; and (9) Planting details in accordance with Section 6.8.5(D). (D) Where needed for clarity, the landscape and tree preservation plan can be divided into two sheets: a tree preservation plan and a planting plan. (E) Following approval and prior to the start of construction, the plan shall be posted on the job site and reviewed with all contractors. 6.8.11 Request for Extension of Compliance It is recognized that land development occurs continuously and that vegetation used in landscaping or screening should be planted during specific times to ensure the best chance of survival. In order to ensure compliance and to reduce the failure of landscaping or screening materials which were installed at an inappropriate time or under unfavorable conditions, the applicant may request an extension of compliance in accordance with the following: (A) A Letter of Request for Extension of Compliance (LREC)with landscaping requirements may be filed with the Planning Director, or designee, which states the reasons why the request is being made. (B) The applicant shall state in the LREC that they are aware of all landscaping and screening requirements, and that the property will be brought into compliance within 90 days of the approval of the extension, or discontinue use of the property. (C) The Planning Director may grant the extension on requests for planting extensions submitted between May 15 and September 15 of each year, and may grant the extensions at other times if there are unfavorable conditions for planting. (D) If the initial LREC has expired and conditions are still deemed unsuitable for planting, an applicant may request one additional extension of up to 90 days. During periods of extreme drought, as evidenced by the official declaration of Stage 3 or greater mandatory water conservation requirements, the Planning Director, or designee, may authorize additional 90-day extensions beyond the one extension typically allowed. These extensions may be continued throughout the period in which the extreme drought conditions remain. (E) The applicant shall also acknowledge that no Final Zoning Compliance Permit shall be issued while there is an active (pending) LREC unless a Performance Guarantee Orange County, North Carolina—Unified Development Ordinance Page 6-49 Article 6: Development Standards 75 Section 6.8: Landscaping, Buffers&Tree Protection as a letter of Gredi+or erfermanGe bGRd) S YffiGient to r 1100/ of the installed IandSGaniRg GGStS,submitted in accordance with Section 2.27 of this Ordinance, has been posted with the DlanniRg and Inoner.tOORs Department approyed.133 6.8.12 Additional Standards for Economic Development Districts (A) Landscape and Tree Preservation Plan The Landscape and Tree Preservation Plan shall be prepared in accordance with the requirements of Section 6.8.10. (B) Preservation of Existing Features (1) Natural features such as streams and ponds, hillsides, rock formations, unique vegetation and natural areas, wildlife habitats, and other similar features must be incorporated into the overall development concept. (2) Building sites, parking areas, and other uses shall be situated in such a way as to protect existing tree stock having a diameter of one-foot or greater when measured four and a half feet above ground level. (3) Trees to be saved shall be noted on the landscape and tree preservation plan and appropriate measures to protect the tree stock from damage during construction, including no grading within the critical root zone, shall be indicated in accordance with Section 6.8.4. (4) Where possible, trees shall be protected in stands or clusters. (5) The siting of buildings shall take advantage of scenic views and take into consideration the impact of new structures on views from off-site. (6) Where ever possible, access to views are to be preserved for adjacent property owners and passing motorists. (7) Scenic views and visual elements within the visual corridor shall be identified and preserved where possible. (C) Buffering Neighboring Uses (1) A minimum buffer of 100 feet in width is to be provided at the boundary of all Economic Development Districts. (2) In accordance with Section 6.6.4, a buffer of 100 feet in width is to be maintained adjacent to the right-of-way of interstate highways. (3) In the Buckhorn EDD, a buffer of 150 feet is required on the portion of the boundary adjacent to the Clearview Subdivision and adjoining residential area on the north side of West Ten Road. (4) In the Hillsborough EDD, a buffer of 100 feet is required along the Old 86 roadway corridor. For properties located within the EDH-1 zoning district, a 50 foot wide buffer is required. (5) Limited breaks in required interstate highway buffers may be allowed in accordance with Section 6.6.4(5). (6) Buffers may consist of existing wooded areas. If existing vegetation is not sufficient for screening, a planted buffer shall be augmented and interspersed, consisting of 50-75% evergreen trees reaching a minimum mature height of 30- feet. (7) In lieu of the Land Use Buffers required in Section 6.8.6, buffers between adjacent land uses, whether internal or external to the project, shall be provided in accordance with the Land Use Buffer Schedule that follows. 113 Reference to new Section 2.27. Orange County, North Carolina—Unified Development Ordinance Page 6-50 Article 6: Development Standards 76 Section 6.8: Landscaping, Buffers&Tree Protection (8) Trees with a caliper of six inches or greater should be considered for preservation. (9) No grading for building or parking shall encroach upon required buffer. (10) Landscape buffer widths may be reduced if the buffer material is adequate to provide additional screening. (11) Decorative walls may be used to augment required landscaping for buffer reduction. (12) Access and utility crossings are to be made as close to perpendicular as possible to the length of the buffer. (13) No land disturbanGes-Land-Disturbing Activities134 for buildings, parking, or storage, drainage, etc. are permitted within a required buffer. 114 Consistent use of"Land-Disturbing Activity'. Orange County, North Carolina—Unified Development Ordinance Page 6-51 Article 6: Development Standards 77 Section 6.13: Stream Buffers Section 6.13: STREAM BUFFERS 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 Lland_Ddisturbing Aactivities 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 Environmental Quality(NCDEQ). (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 NCDEQ. 6.13.3 Calculating Width of Stream Buffer (A) Special Flood Hazard Areas (1) Those streams identified by FEMA as having floodplains shall have stream buffers calculated from the outside edges of the 100-year floodplain. (B) Calculating Slope Value (1) Draw 250' length perpendicular lines, at 200-foot horizontal intervals along the entire length of the outside edges of the stream, or the outer edge of the FEMA floodplain, whichever is greater. (2) Determine the elevation at either the stream bank or the outer edge of the FEMA floodplain, whichever is highest (Elevation 1), and at the point 250'from the stream or FEMA floodplain, whichever is applicable, along the perpendicular line (Elevation 2). (3) Subtract Elevation 1 from Elevation 2 for the Difference. (4) Divide the Difference by 250 for the Mean. (5) Multiply the Mean by 100 to determine the "Slope Value". (6) Perform this calculation for both sides of the stream or floodplain. Orange County, North Carolina-Unified Development Ordinance Page 6-92 Article 6: Development Standards 78 Section 6.13: Stream Buffers (1) The buffer width adjacent to streams shall be calculated for both Method A and Method B, and at any given point along the stream, the width of the buffer shall be the larger of the two. (2) The same method shall be used to calculate the buffer around the reservoir itself. New structures shall be located at least 150'from the reservoir or outside of the stream buffer, whichever is greater. (B) University Lake Protected Watershed (UNIV-PW) (1) The buffer width shall be calculated for both Method A and Method B, and at any given point along the stream, the width of the buffer shall be the larger of the two. (C) Cane Creek Critical Area (CANE-CA) & Upper Eno Critical Area (U-ENO-CA) (1) The buffer width adjacent to streams shall be the width calculated using Method A. (2) Method A shall also be used to calculate the buffer around the reservoir itself. New structures shall be located at least 150'from the reservoir or outside of the stream buffer, whichever is greater. (D) Upper Eno Protected (U-ENO-PW), Lower Eno Protected (L-ENO-PW) & Back Creek Protected (BACK-PW) (1) The buffer width shall be as calculated using Method A, or 150', whichever is less, except where density exceeds 1 du/ac and impervious surface exceeds 12%. (2) Where density exceeds 1 du/ac and impervious surface exceeds 12%, the buffer width shall be calculated as above, but shall not be less than 100'. (E) Cane Creek Protected (CANE-PW), Little River Protected (LITTLE-PW), South Hyco Creek Protected (HYCO-PW), Flat River Protected (FLAT-PW), Haw River Protected (HAW-PW) &Jordan Lake Protected (JORDAN-PW) (1) The buffer width shall be the width calculated using Method A, or 150', whichever is less. 6.13.5 Areas Outside of Watershed Protection Overlay Districts (A) In areas not identified on the Official Zoning Atlas as Watershed Protection Overlay Districts, a stream buffer a minimum of 50 feet in width shall be established along both sides of streams identified per Section 6.13.2. (B) Stream buffers for Soil Survey streams shall only be calculated using Method A as explained in Section 6.13.3. 6.13.6 Uses Allowable Within Stream Buffers (A) General Standards (1) Prior to any Lland_Disturbing ActivitydiGt FbiRg aGtkA y within a designated stream buffer, the property owner shall provide written notification of the location and nature of the proposed use to the Planning Department for review. The notification shall state that the use shall be designed, constructed, and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable. (2) All Lland-Disturbing Activities disturbing tivities within a designated stream buffer require approval of the Erosion Control Officer in accordance with applicable State and local regulations, as well as all other required local, State and/or Federal permits and approvals prior to commencement of Lland- Disturbing Activities Orange County, North Carolina—Unified Development Ordinance Page 6-94 Article 6: Development Standards 79 Section 6.13: Stream Buffers (3) The submittal of additional information and/or applications may be required prior to any land-dirt ,rbiRg tivityLand-Disturbing Activity within a designated stream buffer, in accordance with the provisions of this Ordinance. (B) Additional Standards for Uses Allowa Allowable Uses With Mitigation (1) Development proposals shall be submitted and reviewed in accordance with this Ordinance and all applicable State regulations. (2) Mitigation shall be provided in accordance with adopted State standards and shall be approved and inspected by the Erosion Control Officer or his/her designee. (C) Uses-Allowable Uses The following uses are allowed as a matter of right in stream buffers, subject to the General Standards established in Section 6.13.6(A), and any specific standards for the use: (1) Above-ground and buried utility lines for local distribution of electricity, telephone, data, and cable television service, as well as accessory and appurtenant apparatus such as poles, guy wires, transformers and switching boxes. (2) Individual or community wells. (3) Public water and sewer lines are permitted only as allowed by the Orange County Water and Sewer Policy, and may be located within stream buffers only to the extent necessary to cross the stream buffer as closely as possible to perpendicular. Individual or community wastewater disposal systems are not permitted in stream buffers. (4) Public and private streets, bridges, railroad rights-of-way, and other similar travel ways, provided that they enter and exit the buffer area as nearly perpendicular as possible. (5) Archaeological activities/projects conducted in accordance with all applicable County, State and Federal regulations. (6) Dam/reservoir maintenance activities. (7) Maintenance of existing outfalls provided they are managed to minimize the sediment, nutrients, and other pollution that convey to waterbodies. (8) Driveway crossings on single-family residential lots that disturb less than, or equal to, 25 linear feet or 2,500 square feet of stream buffer. (9) Greenways and/or hiking trails six feet in width composed of natural materials at least 30 feet from the top of bank of a stream or water body. (10) Historic preservation projects/activities. (11) Periodic maintenance of modified natural streams, such as canals, and a grassed travel way on one side of the surface water when alternative forms of maintenance access are not practical. (12) Public water and sewer lines that do not disturb over 40 linear feet. (13) Stream restoration and/or stream bank stabilization. (14) Wetland restoration, in accordance with all applicable County, State and Federal regulations. (15) Vegetation management, including but not limited to: (a) Emergency fire control measures provided that topography is restored; (b) Planting vegetation to enhance the riparian buffer; Orange County, North Carolina—Unified Development Ordinance Page 6-95 Article 6: Development Standards 80 Section 6.13: Stream Buffers (c) Pruning forest vegetation provided that the health and function of the forest vegetation is not compromised and the pruning activity is conducted by hand; (d) Removal of individual trees which are in danger of causing damage to dwellings, other structures or human life provided the activity is conducted by hand; and (e) Removal of poison ivy and other nuisance vegetation, including invasive exotics, as identified by the NC Cooperative Extension. (D) Uses Allowable With Mitigation The following uses are allowable within stream buffers with mitigation, subject to the standards established in Sections 6.13.6(A) and 6.13.6(B) above, as well as any specific standards for the use: (1) Water dependent structures, such as docks, piers, public and private boat ramps, boat houses over the water, walkways, water recreational amenities, and other similar uses. (2) New drainage outfalls provided that a stormwater management facmimt Control Measure (SCM)135 is installed to control nutrients and attenuate flow before the conveyance discharges into the stream buffer. (3) Driveway crossings on single-family residential lots that disturb less than, or equal to 150 linear feet or 1/3 of an acre of stream buffer. (4) Any driveway or roadway, whether for a single-family residence or a subdivision, that is parallel to the stream or water body, regardless of cumulative impact. (5) Greenways and/or hiking trails six feet in width, with improved paths (i.e. paved, wood decking, etc.) at least 30 feet from the top of bank of a stream or water body. (6) Trail crossings, and associated bridge or other structure, provided they are oriented perpendicular to the stream and constructed in accordance with best management practices to minimize soil erosion and other adverse impacts to water quality. (7) Public water and sewer lines that disturb over 40 linear feet, but not greater than 150 linear feet of riparian buffer. (8) Temporary roads intended for access to a property for development purpose. (9) New stormwater Management n Stormwater Control Measure (SCM), with or without a riparian buffer established adjacent to the SCM�d.136 (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 Dispersed fuse Flow Requirement (A) Disperseciffuse flow of stormwater137 runoff shall be maintained in the stream buffer by dispersing concentrated flow and re-establishing vegetation. (B) Concentrated stormwater runoff from new ditches or constructed conveyances shall be converted to dispersed#ose flow before the stormwater runoff enters the stream buffer. Zss Consistent use of"Stormwater Control Measure(SCM)". Zse Consistent use of"Stormwater Control Measure(SCM)". 13'Consistent use of"stormwater runoff',typical. Orange County, North Carolina—Unified Development Ordinance Page 6-96 Article 6: Development Standards 81 Section 6.14: Stormwater Management (C) Periodic corrective action to restore dispersedff-se flow shall be taken if necessary to impede the formation of erosion gullies. 6.13.8 Land Disturbance and Planting of Vegetation (A) Area within a stream buffer which is subject to serious erosion may be disturbed for the purpose of planting and maintaining erosion-resistant vegetative cover. (B) Existing forested areas or any other healthy vegetation may not be removed from a stream buffer, except where replaced with vegetation resulting in comparable stormwater runoff velocity and quantity one year after planting. (C) New vegetation shall be planted to capture non-source pollutants before they reach the perennial stream, as per applicable Orange County Standards. Section 6.14: STORMWATER MANAGEMENT 6.14.1 Introduction As a watershed becomes more developed, the amount of impervious surface area increases, causing a decrease in the rate at which stormwater runoff which can be absorbed into the soil. This results in mere additional138 stormwater runoff139 flowing directly into streams and other water bodies. Because this additional140 direct stormwater runoff has not been filtered through the soil, pollutants from the air and land surface enter streams and increase the potential for pollution of hydrologically connected aquatic ecosystems and141 drinking water supplies. 6.14.2 Purpose It has been determined that proper management of construction-related and post-development stormwater runoff will minimize damage to public and private property and infrastructure; safeguard the public health, safety, and general welfare; and protect water and aquatic resources.142 The purpose of the Board of County Commissioners in adopting stormwater management 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 North Carolina143 Environmental Management Commission before implementation. 13s Text correction—replaced "more"with "additional". "'Consistent use of the term "stormwater runoff"—NOTE: "storm water runoff"is integrated through the remainder of Section 6.14, where applicable. 1ao Text correction—added "additional". 141 Added "hydrologically connected aquatic ecosystems"—NOTE: This is a staff recommendation to help the general public understand that Orange County is not just trying to protect human focused drinking water supplies,but also our aquatic ecosystems that are hydrologically connected. "I This language was pulled directly from the Falls Lake Model Ordinance; provides greater context in Purpose. 143 Added "North Carolina". Orange County, North Carolina—Unified Development Ordinance Page 6-97 Article 6: Development Standards 82 Section 6.14: Stormwater Management 6.14.4 General Methods The following general approaches shall be utilized to minimize the effects of stormwater pollution on hydrologically connected aquatic ecosystems and144 drinking water supplies in Orange County: (A) Non-Structural Stormwater Control Measures (SCMs)Methods145 (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-offStormwater runoff 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 e stormwater runoff velocity and volume, 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 Tech,�`hn:,uesSystems146 (a) The benefits of onfoltratiGR teGhR'queslnfiltration Systems include, but are not limited t0147: (i) Removal of both suspended and dissolved pollutants, (ii) They require loos maintenanGoRelatively low maintenance requirements, (iii) They reduce flood ^^Flood reduction, (iv) They prom GtePromotion of groundwater recharge, and (v) They help maiRtaORMaintenance of stream flow during dry periods.148 144 Added "hydrologically connected aquatic ecosystems"—NOTE: This is a staff recommendation to help the general public understand that Orange County is not just trying to protect human focused drinking water supplies,but also our aquatic ecosystems that are hydrologically connected. 141 Replaced "Non-Structural Stormwater Control Measures(SCMs)"with "Non-Structural Methods"so as to avoid confusion with permanent Stormwater Control Measures(SCMs)—NOTE: "Non-Structural Methods"is integrated through the remainder of Section 6.14, where applicable. 141"Infiltration Techniques" replaced with "Infiltration Systems"so as to better reflect the definition and terminology contained in 15A NCAC 02H.1002(Definitions)—NOTE: 'Infiltration Systems"is integrated through the remainder of Section 6.14, where applicable. 141 Text correction—added ", but not limited to". 141 Text correction—grammar fixes within list. Orange County, North Carolina—Unified Development Ordinance Page 6-98 Article 6: Development Standards 83 Section 6.14: Stormwater Management (b) Where on-site infiltration methods Infiltration Systems are utilized, areas for such purposes shall be designated on the plat and shall remain undisturbed both during and after construction. (c) Undisturbed areas designated149 for infiltration of run-offstormwater runoff 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 runoff infiltration purposes. (B) Stormwater Control Measures (SCMs) (1) 150In cases where Ron Str,,,.f„ral methods-non-structural mMethods may not adequately control the stormwater runoff from the first ;n^h f ram;^generated by the first inch of rain from all protect surfaces due to the amount of impervious surface proposed to be developed, or in cases where Non-Structural Methods are not effective or appropriate due to P4-other-factors such as Vie,slopes the presence of highly erodible soils, impervious soils, steep slopes, and/or lack of vegetative cover, permanent Stormwater Control Measures (SCMs)151 which capture stormwater runoff for slow release through an controlled outlet, are required. (2) Where required, SCMs shall be constructed in accordance with this Section. (C) Impervious Surface and Detention Po SCM152 Requirements (1) For all protected watersheds, an absolute limit on the percentage of lot area which can be covered with impervious surfaces has been established. See Section(s)4.2.5 and 4.2.6 of this Ordinance. (2) In some cases, SCMs 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 management 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 Land-Disturbing Actiyity153 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' Land-Disturbing 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. 141 Text correction-added "designated". 1so Section 6.14.4.E(1) re-formatted to improve reading clarity and fix grammar errors. 1s1"Stormwater Control Measures" is correctly noted to match the Definitions section of this Ordinance, includes the appropriate acronym for Stormwater Control Measures(SCMs)-NOTE: "Stormwater Control Measure"and "SCM"are integrated through the remainder of Section 6.14, where applicable. 1s2 Consistent use of SCM. 1s3"Land-Disturbing Activity"correctly noted to match the Ordinance definitions section-NOTE: "Land- Disturbing Activity"is integrated through the remainder of Section 6.14, where applicable. Orange County, North Carolina-Unified Development Ordinance Page 6-99 Article 6: Development Standards 84 Section 6.14: Stormwater Management (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 Land-Disturbing 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' Land-Disturbing 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 (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 of this Ordinance154 as required by the North Carolina Department of Environmental Quality(NCDEQ), (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 most current version155 of the North Carolina Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062, and the most current version of the NCDEQ Stormwater Design Manual. (4) New development that would exceed the nutrient loading rates set out herein, shall include engineered stormwater controls designed to have a Primary and/or Secondary SCM per NCDEQ requirements. (5) Proposedreposed new development may satisfy the review criteria standards of this section using a Runoff Volume Match design approach (also referred to as a Low Impact Development (LID)design approach) in conformance with 15A NCAC 02H.1002 (44). If pursued, a Runoff Volume Match design approach must include the use of the accounting methodologies approved by the North Carolina Division of Energy, Mineral, and Land Resources (NCDEMLR).156 (B) Additional Standards— Falls Lake Watershed 114 Consistent reference to"this Ordinance". 1ss Consistent reference to"most current versions"of Subchapter 02H and the NCDEQ Stormwater Design Manual. Ise Section 6.14.6(A)5 has been updated to refer to the state's current use of the term "Runoff Volume Match", rather than referencing the now outdated 2009 LID Guidebook. Orange County, North Carolina—Unified Development Ordinance Page 6-100 Article 6: Development Standards 85 Section 6.14: Stormwater Management (1) In addition to the standards contained in Section 6.14.6 (A) of thek1DQthis Ordinance157, development shall observe a no net increase in peak flow leaving the site from predevelopment conditions for the 1 year, 24 hour, storm. (2) Proposed new development using a Runoff Volume Match design approach for satisfying stormwater management requirements must also include the estimation of pre-development and post-development nutrient export rates (e.g. Nitrogen and Phosphorous)for the proposed development, using the nutrient accounting methodologies approved by the North Carolina Division of Water Resources (NCDWR). Nutrient export estimates are required for Runoff Volume Match record-keeping purposes.lss 04 (C` Additional Standards—Jordan Lake Watershed c � . 0) IR addition to the standards Genntained OR Seetien 6 1 n 6 (A) of the Unn+hag Qf iafge4�59 development shall abide by 15 A NGAG 02H 1002 inns 160 6.14.7 Nutrient Load (A) Nitrogen and phosphorus loads contributed by proposed new development shall not exceed the following unit-area mass loading rates: (1) Falls Lake Watershed (a) Nitrogen, 2.2 pounds per acre per year (b) Phosphorus, 0.33 pounds per acre per year (B) The nutrient export from each new development shall be calculated in pounds per acre per year(using the approved accounting tools161) in accordance with the methodologies approved by the North Carolina Division of Water Resources (NCDWR).162 (C) If a proposed development subject to nutrient load requirements contributes nutrients greater than the standards listed above, the developer may install st r,,,water GE)RtFE)l measures (SGMs)SCMs to meet the required nutrient load standards or do a combination of 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 ls'Consistent reference to"this Ordinance". 1sa Required per the state's most current Neuse-Tar-Pamlico Rules. CensFsteRtFefefcnce to "this 9rd-inance". 16o Section 6.14.6(C) is no longer needed, as the allowable use of"Runoff Volume Match" methodology applies to both the Falls Lake Watershed and the Jordan Lake Watershed, as specified in revised Section 6.14.6(A). 161 Text correction—added "s". 161 Revised to refer to NCDWR for approved nutrient accounting tools, rather than NCDEQ. Orange County, North Carolina—Unified Development Ordinance Page 6-101 Article 6: Development Standards 86 Section 6.14: Stormwater Management 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. (2) Offset fees may be paid to the North Carolina Division of Mitigation Services DMS 163 approved private mitigation bank, or other mitigation option as approved by the NCDEQ and Orange County. It is the policy of the164 NCDEQ and Orange County, as well as a requirement in certain watersheds, that offset payment funds be utilized where they are generated to the maximum extent possible. (3) Offset payment fees and calculation methods are determined by the NCDEQ as approved by the North Carolina Environmental Management Commission (EMC). The total amount of offset payment will be determined based on current NCDEQ policy and regulation on a case by case basis. (E) Permanent Nutrient Export Reduction Rest Management Pran-+C 165 (1) Allowable on-site stor.,,water control mean,,.--- (crnns) SCMs for nutrient reduction shall include those listed in the most current version166 of the North Carolina Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062, and the most current version of the NCDEQ Stormwater Design Manual. (2) Design, maintenance and operation of stor ater 167SCMs shall follow standards provided in the most current version168 of the North Carolina Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062, and the most current version of the NCDEQ Stormwater Design Manual. (3) Deviations from these standards may be allowed as approved on a case by case basis. (F) Total Nutrient Removal Rates Total nutrient removal rates of SCMs, as well as SCMs in a series, will be calculated pursuant to the approved accounting tools169 6.14.8 Peak Runoff Volume (A) Standards for Falls Lake Watershed 163 Text correction—added "(DMS)". 164 Text correction—added "the". "'"Best Management Practices"deleted so as to avoid confusion with superseded BMP terminology. 166 Consistent reference to"most current versions"of Subchapter 02H and the NCDEQ Stormwater Design Manual. 161 Text correction—deleted "stormwater". 161 Consistent reference to"most current versions"of Subchapter 02H and the NCDEQ Stormwater Design Manual. 161 Text correction—added "s". Orange County, North Carolina—Unified Development Ordinance Page 6-102 Article 6: Development Standards 87 Section 6.14: Stormwater Management (1) For all new development, there shall be no net increase in peak flow leaving the site from the pre-development conditions for the 1_year, 24_hour storm. (B) Standards for Jordan Lake Watershed (1) For all new development there shall be no net increase greater than 10% in peak flow leaving the site from the pre-development conditions consistent with 15-A NCAC 02H.1002 (44) and the most current"orsmon4-70 of the NODE 1 Stormwater Design Mangy a 171 (C) Calculating Peak Runoff Volume (1) The following are acceptable methodologies for computing the pre- and post- development conditions for the 1_year, 24_hour storm: (a) Rational Method, (b) Peak Discharge Method as described in the USDA Soil Conservation Service's Technical Release Number 55 (TR-55), (c) Alternative methods must be approved by the County. (2) The same method must be used for both the pre- and post-development conditions. 6.14.9 Stormwater Management Plan (SMP)172 (A) Required Approval The Erosion Control Officer shall not issue any permits Land Disturbing Permits LDPs 173 for new development on any land within Orange County subject to the provisions of this Section, unless and until a Stormwater Management Plan SMP 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 St„rr.water Management pla- SMP shall be deemed in violation of this Ordinance. (C) Enforceable Restriction Approval of the Stormwater Management pl nSMP 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 planSMP. 6.14.10 Operation and Maintenance of Stormwater Control Measures (SCMs) (A) P^ f-Performance GuaranteesFina Giial Se,....:+.,for SCMs114 See Section 6.22 of this Ordinance for crna o+A-n.Jords ! n4-&G &ApprovaI of the SMP shall be conditioned on the posting of an SCM Performance Guarantee in accordance 171 Reference to 15A NCAC 02H .1002 (44) is sufficient. "'Title of Section 6.14.9 revised to include the appropriate acronym for Stormwater Management Plans(SMPs)— NOTE. "Stormwater Management Plan"and"SMP"are integrated through the remainder of Section 6.14, where applicable. 173"Land Disturbing Permits" is correctly noted to match the Definitions section of this Ordinance and the appropriate acronym for Land Disturbing Permits(LDPs) is included—NOTE: "Land Disturbing Permit"and"LDP" are integrated through the remainder of Section 6.14, where applicable. "I Clarification that posting of financial security is specific to"SCMs"only. Orange County, North Carolina—Unified Development Ordinance Page 6-103 Article 6: Development Standards 88 Section 6.14: Stormwater Management with Section 6.22 of this Ordinance16 adequate finapcial a e for the purpose of cC-nn ns+r„g+inn if SCM construction is applicable.—m a,� -rtenaaOe or reconstruction necessary for adequate performan-ce. Financial -Assur-Al-ce sh-all be 4n the form of one of the fn110wing-47-7 0) Sesury;o;w,TsfruEfion of Required Improremer 178 (a) The permit app Tshall provide e e of the following as surety former the cerriple+ien of required im en+s• Aperfe a bend fre a surety bonding company o ufherizea to de business on North Gaicelina, �An TeVOGabl f +er other + ead„� e�e##er�c�ed;�rter�str�en� cenyer+ihle into nosh at faro value payable to Orange County Gr4-7-9 Cash plaeedOResO .,i+h a finapcia;�Stitutrondesigntted aS an. official depesitory of Orange County-. OV)The bond or other instrument shall be an amounteq equal t_a�_ion_1.25 5 times the total cost of the SCM as estimated by the applicant and approved by the County Engineer. M Total_Cost a The total cost of the SCM shall include the following: The value of all materials such as pining and other structures; H. Seeding and soil stabilization; M. Design and engineering; and Fv. Grading a ,a+ien fal e+n b. The Pests of the Q('NA shall net be prorated a part of a larger p ec+ but shall he cos+ed a a separate p ec+ M Failure to PPrfnrm4-99 a. Upon default of the permit applicant to complete and/or maintain the SCM 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 im. 'evements based on an engineering estimate The Board shall return a„Y funds net spent on GOMP'etiRg the impreyemen+s to the owning entity. ...Reference to new Section 6.22. 'Seetien 6.14.10(A) revised te: 1) pFevide a cerreCt reference to conditiened approval of the SMP, 2) clarify that 178 SCM Performance Guarantee requirements have been moved to Section 6.22(NEW SECTION). Orange County, North Carolina-Unified Development Ordinance Page 6-104 Article 6: Development Standards 89 Section 6.14: Stormwater Management (2) Security fomaintenance of Refired Improvements 81 (a) The permit ppliGaRtrshall deposit with Orange Cob IRty eitheFEash e other instrument approved by the County Attorney that is readily convertible into cash at fore value. Il '(b) The cash or security he On on amount equal to ��u of thetot[ cost of the SCM or the estimated cost of maintaining the SCM osier a ten year N period nihicheVe is greater. r Estimated Maintenance Costs a The estimated cost of m intaining the SCM shall he censls+ent with the approved o ratien anrd m ntenapce plan o maRual n yirderd by the developer Under Sec+ion R 1 4 1 O(B)(2) b. The arne-u �t shah..; be GOMputedbyestimating t� maintenance gust for 25 years and multiplying this arneunt by er/1 4 (G)Failure.-to-Perfvm� I InE)R of the owning enemy to maintain,_Main repaaiir necessary' reconstruct the SCM On accordance with the Operation and Maintenance Agreement, the County shall obtain use and se all or any portion of the cash s irity to make necessary im prnyem ents based on an engineering estimate 96Ich expenditures Off'YRds shall only he mare after exhaus+in..J all other re abler remedies s +y to�`T'eking the a Rg enfi comply with the terms anrd conrdi+inns of the Qperatiens anrd Maintenance Agreement The G06IRtyshalll RE)tTetUn aRy of the srt depo �v ea s- (B) SCM182 Maintenance and Upkeep (1) SCM181 Operation and Maintenance Agreement (OMA)181 (a) The permit applicant shall enter into a binding SCM Operation and Maintenance Agreement OMA between Orange County and all interests in the development. (b) The agree nent OMA must include the following: (i) Completed OMA cover sheet template as provided by the Erosion Control Officer,185 {+) ii Name and address of the person or organization financially responsible for paying the aral5-year SCM186 inspection fee,; 1s1 Staff recommendation is that Orange County shall no longer require a Security for Maintenance of SCMs;to our knowledge,this type of security is not required by General Statutes and proper long-term fund management is extremely problematic. "I Clarification that Maintenance and Upkeep is specific to"SCMs"only. 1s3 Clarification that Operation and Maintenance Agreement is specific to"SCMs" only. 1s4 Added the appropriate acronym for SCM Operation and Maintenance Agreement(OMA)—NOTE: "OMA"is incorporated through the remainder of Section 6.14, where applicable. 1ss Sub-section added to reflect the need to include Orange County's cover sheet for SCM Operation and Maintenance Agreements. Ise Correct reference to the 5-year SCM inspection fee. Orange County does not enforce annual SCM inspection fees. Orange County, North Carolina—Unified Development Ordinance Page 6-105 Article 6: Development Standards 90 Section 6.14: Stormwater Management R iii Name(s) and address(es) of all parties to whom a copy of the annual SCM inspection report should go,,- ( O iv Name and address of the person or organization financially responsible for all maintenance specified in the annual SCM inspection reports,and (v) Emergency contact information... and {+v}(vi) SCM Operation and Maintenance Plan in accordance with Section 6.14.10 (B) (2)of this Ordinance; the SCM Operation and Maintenance Plan shall be attached to the OMA as "Attachment A".187 (c) The Agree:ReRt OMA shall require the owning entity to maintain, repair and, if necessary, reconstruct the SCM in accordance with the eperafien and m eRt plan a maRual prepared by the rdeyeleperapproyed SMP.188 (d) The Operations and Maintenance AgreementOMA shall be signed--and notarized,and filed/recorded189 with the Orange County Register of Deeds. (e) 1901n residential subdivisions wWhere an Association (or similar entity) Ho„rneowRer's-AsGGGiatio;swill be assuming responsibility for all permanent SCMs, but the Association had not vet been formed at the time of OMA recordation by the owning entity, a signed and notarized Hem eowne s Association Notification will be r red ands revised OMAmainteRanGe agreemeR+ must be submitted for subsequent recordation at the Orange County Register of Deeds after the Association is formed. This must be giVG , to the The revised/recorded OMA must be submitted to the Orange County Planning Department before the Land- D;S+„rhiRg Per +LDP may be closed, and before any remaining SCM Performance Guarantee funds the p eRt clines may be released. (f) The owner of each SCM, whether errs neered or non engineered 191 shall maintain it-the SCM192 so as not to create or result in a nuisance condition. (g) Every engiReered 193SCM installed pursuant to this Ordinance shall be made accessible for adequate maintenance and repair by an SCM194 maintenance easement. The SCM maintenance195 easement shall be recorded at the Orange County Register of Deeds196 and 4s-the197 terms 18.Sub-section added to reflect the need to include the SCM Operation and Maintenance Plan as an attachment to the SCM Operation and Maintenance Agreement;cross-reference to the appropriate Ordinance section provided. 188 Sub-section revised to correctly indicate that SCMs must be reconstructed in accordance with the approved SMP. 189 Clarification that SCM Operation and Maintenance Agreement must be recorded. 190 Sub-section revised to clarify the correct requirements for Associations that are not yet formed at time of OMA recordation. 191 An SCM is inherently engineered. 112 Clarification that the"SCM"shall be maintained. 113 An SCM is inherently engineered. 194 Clarification that SCM maintenance easements are specific to"SCMs"only. 19s Clarification that SCM maintenance easements are specific to"SCMs" only. 196 Clarification that SCM maintenance easements must be recorded at Orange County Register of Deeds. 197 Text correction—replaced "its"with "the". Orange County, North Carolina—Unified Development Ordinance Page 6-106 Article 6: Development Standards 91 Section 6.14: Stormwater Management shall specify who make use of the SCM maintenance198 easement and for what purposes. (h) The owner of each engineered 199SCM shall keep records of SCM200 inspections, maintenancee201, and repairs and shall submit the same upon reasonable request to the Erosion Control Officer. (2) SCM202 Operation and Maintenance Plan (OMP)201 (a) 204An SCM Operation and Maintenance Plan (OMP)eperatien-and mainter,. RG8 plan or manuai shall be provided by the �'^��erowning entity205 as an attachment to the OMA for each SCM in accordance with Section 6.14.10 (B) (1)of this Ordinance. The OMP shall indicate for each crnn iRdiGating the following: (i) What SCM206 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 �, � ,d Maintenance o^reementOMA. (b) 207The standard maintenance planOMP shall specifically address, but is not limited to: (i) ARY MGWiR�Mowinq of permanent vegetation, (ii) ARY remGva[Removal of woody vegetation (e.g. bushes, shrubs and treed from +"^ ,,^,, of^ ^,^+ r,e+en+;en PC)i any dam/berm structures, (iii) Reseeding of any eroding areas of the wet de+entien r,enr,s epeR GhaRRel r, on+iGeoripariaR buffers, Rd vegetated filter ",P", (iv) Replacementigg.of impaired vegetation in a ^^ G+r„^ \A/e+l-ands A_.r ripapiaR buffer, (v) Removal of sediment and/or debris from t"e `+reoh rar_*' 9R aR wet detention pond or sand fil+erinlet/outlet channels, inlet/outlet Pipes, forebays, trash racks, and riser/barrel structures, and (vi) Repair of any damage/deterioration to structural aspects of wet detention nerds G RStF Gterd wetlands level spreaders, and sand SCM. (c) The Wan OMP shall clearly indicate the steps that will be taken for restoring a SCM to its design specifications if an SCM208 failure occurs. 198 Clarification that SCM maintenance easements are specific to"SCMs"only. 199 An SCM is inherently engineered. zoo Clarification that records are specific to"SCMs"only. 101 Text correction—deleted "s". 101 Clarification that SCM Operation and Maintenance Plan is specific to"SCMs" only. 101 Added the appropriate acronym for SCM Operation and Maintenance Plan (OMP)—NOTE: "OMP"is incorporated through the remainder of Section 6.14, where applicable. 201 Sub-section revised to clarify the correct requirements for the SCM Operation and Maintenance Plan;cross- reference to the appropriate Ordinance section provided. 201 Consistent use of"owning entity". Zoe Clarification that operation and maintenance actions are specific to"SCMs"only. 201 Sub-section revised to fix grammar errors and improve reading clarity. 208 Clarification that this sub-section is referencing an "SCM"failure. Orange County, North Carolina—Unified Development Ordinance Page 6-107 Article 6: Development Standards 92 Section 6.14: Stormwater Management (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 or functionality209 of the control stru ct reSCM is diminished or threatened, or to the extent of interfering with any easement or access to the SCM. (4) SCM210 Repair or Reconstruction (a) Except for general landscaping and grounds maintenance, the owning entity shall notify the-0range211 County prior to any repair or reconstruction of the SCM. (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 SCM212 improvements. (c) All SCM213 improvements shall be made consistent with the approved Nplans and specifications of the SCM and the operations and maintenance plan or mane aISMP, the approved OMA, and the approved OMP.214 Inspestions and Release of Sureties,2115 0) County est�en-and--.TevTew� (a) The SCM shauIlrl be-'RSpe6ted by the-Eres'Gn GORtF91 OffiGer, after the ewniRg eRtity Retifieshm/her that all work has been GGITIpleted. Atoms inspec+ion the o Rg entity shall n vide• a. The SigRed deer! related a opts anal survey plat fer the SCM ready for filing with the Orange County Register of floods• and ! A certification sealed by an engineer or landscape architect !tn the extent_that the General Statute, Chapter 89A, allow) stating that the detention pond is complete and consistent with the plans and specifications !b1 he�rs}est�sses r� peso tip a e s�e „d th n GGRtrol Offir tS�� n -+ sr � � �Ger aaGGep the ee, r+ifiea�Q tion deed aRa d ease;,,en�+s, he/she shall file the deed and � - easemepts with the Qrapge CO Un+y Register of needs release up to 751% of the value of the performance hoed o other secs iri+y apd is sue a Watershed Dretec+ion Gempliapce Permit fer the SCM 24s (G) if d8fiGi8RGies are fog Rd the EFD60Op GGRtFGl QffiGeFsh, GGt that the necessary improvements he made and/or documents corrected and resubmitted for approval Upon completion the improvements shall reinspected � (2) Watershed PreteGtien ComplianGe Permit Required Prier to vEsupanGr 201 Text correction—added "or functionality'. 211 Clarification that this sub-section is referencing"SCM" repair or reconstruction. 211 Consistent reference to"Orange County". 212 Clarification that improvements are specific to"SCMs"only. 211 Clarification that improvements are specific to"SCMs"only. 114 Clarification of SCM repair or reconstruction requirements. 211 SCM Performance Guarantee requirements have been moved to Section 6.22(NEW SECTION). Orange County, North Carolina—Unified Development Ordinance Page 6-108 Article 6: Development Standards 93 Section 6.14: Stormwater Management No Building Permit er Ger+ifica+e of(lGG UpaRGY May he issued in the ahsence of valid Watershed Drntection f empliance Permit. (3) Release of Remaining Security (a) No sonner than one year after the filing mate of the deed' easements and gi maintenance agreement the developer may petition the Board of Count!, (`ommissiepers to release the remaining value of the performance bond nr othero rifii (b) IJpGF8.ein�fsand npeti+io�n the Erosion Control Officer shall inspect �_�che C(`AA +o determine whether the con+rels a erforming as rdeSigperd ap J in+ended n-rccr�ccr (s)The E�osie.n Cmrtrel, Offid--er shall present he petition, i,TspestiGR repe t and r enda+ienS to the Rnorrl of f gU Rty f emmiooinnero (dd) Beard of GG Unty f Review /ice\�if the Rnor.J of f`g -Rty Commissioners es the repert accepts the petition the developer shall deposit with Orange County a cash amount equal to that described On Sec+inn C 1 it 1O(C)(5) after which the Board of County Co shall release the performance bond or other security Countyif the Board of Commissioners oes not accept the report apd r ec+S the petition it shall provide the developer with ins+n Uctieno +o c ec+ a y deficiencies anal all Steps n GGessar for the release of the performance hoed o other s rity. (4)(5) Annual SCMZ" Inspection Required (a) All SCMs shall be inspected by the owning entity at least on an annual basis to determine whether the ^g ,zSCM is218 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+he deed for the SCM.issuance of the Certificate of Stormwater Compliance for the SCM.219 (d) The Erosion Control Officer will inspect each 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 SCM220 improvements and the date by which the corrective action is to be completed. All SCM221 improvements shall be made consistent with the PIaRS and specification of the stormwater control structure and the operation and maintenance plan or man, alapproved SMP and the approved OMA.222 After notification by the owning entity, the Erosion Control Officer shall inspect and approve the completed SCM223 improvements. 211 Clarification that an annual inspection of the"SCM" is required. 2"Reference to the"SCM" rather than "controls". 211 Clarification of requirements. 221 Clarification that this is referencing"SCM" improvements. 121 Clarification that this is referencing"SCM" improvements. 222 Clarification of requirements. 221 Clarification that this is referencing"SCM" improvements. Orange County, North Carolina—Unified Development Ordinance Page 6-109 Article 6: Development Standards 94 Section 6.14: Stormwater Management (5)(6) Annua1-5-year SCM224 Maintenance Inspection Fee (a) The€ee-5-year SCM maintenance inspection fee for the first 5-year ep riod225 shall be paid before: 0) The release of any Final Certificate of Occupancy for Non_ Residential Proper issuance of the Certificate of Stormwater Compliance for the SCM.226 (ii) The release of the construction bond for Residential or Non_ Residential Proper release of up to 75% of the value of the SCM Performance Guarantee Perform an ce Guarantee.227 (b) The fee-5-vear SCM maintenance inspection fee shall be based upon the current Orange County Planning Fee Schedule, and shall be paid to Orange County following each annual 5-year SCM228 inspection. (c) Failure to pay the Anneal Maip+epanGe Inspection Fee5-year SCM maintenance inspection fee shall be deemed a violation of this Ordinance. 6.14.11 Amendments to Approved Plans and c^e^ii{ii^a+ii^^8SCMs229 (A) Minor Amendments to Approved SCM231 Plans and Specifications (1) Amendments Minor amendments to the approved SCM plans and specifications of the SCM and/or the operation and maintenance plan e maRual may be approved by the Erosion Control Officer, provided that the proposed231 changes do not involve a change in the type of the SCM, a change in the location of the SCM, or an SCM area/volumesoze increase greater than 50% of the approved SCM area/volume zsz (2) Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent that##e-General Statutes;Chapter 89A;allows)233 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 s+ormwater control str�act ,reSCM shall file sealed copies of the revisions with the Erosion Control Officer. 124 Correct reference to the 5-year inspection fee. Orange County does not require annual SCM inspection fees— NOTE: "S-year SCM maintenance inspection fee"is integrated through the remainder of Section 6.14, where warranted. 221 Clarification of requirements. 121 Clarification of requirements. 221 Clarification of requirements. 221 Clarification of requirements. 221 Section 6.14.11 describes the processes for amendments/revisions to approved SCM plans and specifications, as well as amendments/revisions to the SCM Operation and Maintenance Agreement,so the title of Section 6.14.11 has been revised to"Amendments to Approved SCMs". 211 Clarification that this sub-section is referencing"Approved SCM" Plans and Specifications. 231 Text correction—added "proposed". 212 Clarification of requirements. 233 Text corrections. Orange County, North Carolina—Unified Development Ordinance Page 6-110 Article 6: Development Standards 95 Section 6.14: Stormwater Management (b) If the Erosion Control Officer disapproves the proposed234 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 appliGantowning entity23e (c) The Erosion Control Officer shall report any such revisions to the Board of County Comm. inners it the next available business rneet+agPlanning Director. (B) Major Amendments to Approved SCM231 Plans and Specifications (1) Amendments to theMaior amendments to the approved SCM plans and specifications of the cCnn and/er then ratiop and m iptenanne plan n al which involve a change in the type of the SCM, a change in the location of the SCM, or an SCM area/volume increase greater than 50% of the approved SCM area/volume size OF loeatinp of the Str„nt„re may be approved by the Beard of County CommiSSiopersPlanning Director237 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 Statute-Chapter 89A,allows238) and submitted to and reviewed by the Erosion Control Officer. (3) Planning Director Review239 (a) If the Planning Director approves the proposed changes, the owning entity of the SCM shall file sealed copies of the revisions with the Erosion Control Officer. (b) If the Planning Director disapproves the proposed 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) Revision of Plans Found to he inadequat°Approved SCM Operation and Maintenance Agreement (OMA)241 If the-Seu#ythe Erosion Control Officer finds that the operations and maintenance plan o,manua:SCM Operation and Maintenance Agreement (OMA) is inadequate for any reason due to proposed changes to the SCM, the owning entity shall be notified by the Erosion Control Officer of any required changes and shall mod-file/record eepies of thea revised agree neRt OMA with the Orange County Register of Deeds. -114e Grn�inn Control Officer, and the ewniRg en+it„The revised OMA shall be submitted to the Erosion Control Officer for review and approval prior to recordation by the owning entity 241 6.14.12 Stormwater Discharges (A) Applicability 214 Text correction—added "proposed". 211 Consistent use of"owning entity". 211 Clarification that this sub-section is referencing"Approved SCM" Plans and Specifications. 211 Consistency with current state law and Model Ordinances. 211 Text corrections. 211 Clarification of requirements. 241 Clarification of requirements—this sub-section had been erroneously titled. 141 Clarification of requirements. Orange County, North Carolina—Unified Development Ordinance Page 6-111 Article 6: Development Standards 96 Section 6.14: Stormwater Management The regulations contained herein shall be applicable to all new development and existing projects within the-Orange242 County's 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 The commencement, conduct, or continuance of any illegal discharge to the stormwater collection system or receiving waters is prohibited. However, the following discharges are exempt from discharge prohibitions established by this Ordinance provided that they do not significantly impact water quality: (1) Waterline flushing, (2) Landscape irrigation, (3) Diverted stream flows, (4) Uncontaminated rising groundwater, (5) Uncontaminated groundwater infiltration to the stormwater collection system, (6) Uncontaminated pumped groundwater, (7) Discharges from potable water sources, (8) Foundation drains, (9) Uncontaminated air conditioning condensation, (10) Irrigation water, (11) Springs, (12) Water from crawl space pumps, (13) Footing drains, (14) Lawn watering, (15) Non-commercial car washing, (16) Flows from riparian habitats and wetlands, (17) NPDES permitted discharges, (18) Street wash water, (19) Fif;ghtingFirefighting emergency activities, (20) Wash water from the cleaning of buildings, (21) Dechlorinated backwash and draining associated with swimming pools, (22) Flows from firefighting, (23) Discharges specified in writing by the County as being necessary to public health and safety, 242 Consistent reference to"Orange County". Orange County, North Carolina—Unified Development Ordinance Page 6-112 Article 6: Development Standards 97 Section 6.14: Stormwater Management (4) A person is considered to be in violation of this Ordinance if the person connects a line conveying sewage to the stormwater collection system, or allows such a collection to continue. (5) Grace Periods (a) Where such connections exist in violation of this Ordinance, the property owner, or person using said connection shall be required to remove the connection within one year following the notice of violation. This grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to human, animal or plant life, and natural resources. (b) Where it is determined that the one year grace period shall not apply, the Erosion Control Officer shall determine the time within which the connection shall be removed. In setting the time limit for compliance, the Erosion Control Officer shall take into consideration the following: (i) The quantity and complexity of the work. (ii) The consequences of delay. (iii) The potential harm to the environment, to the public health, to public and private property, to wildlife, and to natural resources. (iv) The cost of remedying the damage. (F) Spills (1) Spills or leaks of polluting substances discharged to, or having the potential to reach the stormwater collection system or receiving waters, shall be contained, controlled, collected, and removed promptly. All affected areas shall be restored to their preexisting condition. (2) Notification of Spills (a) Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation (the Financially Responsible � P-ersenParty243) has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into or may reach the stormwater collection system or waters of Orange County, the Financially Responsible Pensen Party shall take all necessary steps to ensure the discovery, containment, and cleanup of such discharge. (b) In the event of such a discharge of hazardous materials, the Financially Responsible Pe�Party shall immediately notify emergency response agencies of the occurrence via emergency dispatch services, and shall notify the Erosion Control Officer within 24 hours. (c) In the event of a discharge of non- hazardous materials, the Financially Responsible P-ersor-Party shall notify the Erosion Control Officer no later than the next business day. (d) All notifications shall be confirmed by written notice addressed and mailed to the-Orange244 County within three business days of the discharge. z43 Consistent use of"Financially Responsible Party'so as to match the Definitions section of this Ordinance— NOTE: "Financially Responsible Party"is integrated through the remainder of Section 6.14, where applicable. 144 Consistent reference to"Orange County". Orange County, North Carolina—Unified Development Ordinance Page 6-114 Article 6: Development Standards 98 Section 6.15: Soil Erosion and Sedimentation Contro1245F (e) Notification shall not relieve the Financially Responsible Persen Party of: (i) Any liability or expense related to the discharge. (ii) Restoration of any area affected by the discharge to preexisting conditions. (iii) Liability or violation of any regulatory body of the-Orange245 County, State or Federal government. Section 6.15: EROSION AND SEDIMENTATION • R• 6.15.1 Purpose and Intent (A) Overall (1) The regulations and standards included herein have been adopted for the purposes of: (a) Regulating the clearing, grading, excavation, filling and manipulation of the earth and the moving and storing of waters in order to: (i) Control and prevent accelerated soil erosion and sedimentation, (ii) Prevent the pollution of water, (iii) Prevent damage to public and private property, (iv) Maintain the balance of nature, (v) Prevent the obstruction of natural and artificial drainageway drainage ways, (vi) Inhibit flooding, and (vii) Reduce the undermining of roads and other transportation facilities. (b) Establishing procedures through which these purposes can be fulfilled. (2) It is the intent of the Board of County Commissioners that all of the departments and agencies of Orange County, its contractors and subcontractors shall comply with the regulations set forth in this Section. (B) University Lake, Cane Creek, and Upper Eno Watersheds (1) The Board of County Commissioners find that, without strict sedimentation and erosion controls, the development of land within the University Lake, Cane Creek, and Upper Eno Watersheds will have a significant adverse impact upon the health, safety, and welfare of all persons served by the water supply reservoirs within these watersheds. More specifically: (a) Stormwater runoff carries pollutants into water supply reservoirs, degrading water quality. These pollutants include, but are not limited to, organic and inorganic chemicals. (b) The increase in nutrients such as phosphorus and nitrogen will accelerate eutrophication of water supply reservoirs, adversely affecting flora and fauna. (c) The improper channelization of watercourses and drainage areas in the University Lake, Cane Creek, and Upper Eno Watersheds will increase the velocity of runoff, thereby increasing erosion and sedimentation. 241 Consistent reference to"Orange County". 241 Title of Section 6.15 revised so as to match the naming conventions of other section titles related to"Erosion and Sedimentation Control Plans" as defined in 15A NCAC 02H.1002 (Definitions). Orange County, North Carolina—Unified Development Ordinance Page 6-115 Article 6: Development Standards 99 Section 6.15: Soil Erosion and Sedimentation Control245F (d) The alteration of the natural topography and removal of vegetation will increase erosion by increasing velocity of runoff. (e) The siltation of water bodies resulting from increased erosion will decrease the capacity of the water bodies to hold and transport water, and harm flora and fauna. (f) Sedimentation further reduces water quality because it transports pollutants into the water, then releases them in the water as it settles. (g) Impervious surfaces will increase the volume and rate of stormwater runoff. This allows less water to percolate into the soil, thereby decreasing groundwater recharge. Increased velocity of runoff also reduces the filtering effect of the soil. (h) Improperly managed stormwater runoff will increase the incidence of flooding and the level of floods which occur. (2) The regulations set forth in this Section that are applicable to the University Lake, Cane Creek, and Upper Eno Watersheds are designed: (a) To protect and maintain the chemical, physical and biological quality and integrity of water supply reservoirs within these watersheds and other critical watershed areas. (b) To prevent harm to the residents of the community by prohibiting activities which adversely affect water supply reservoirs as a public water supply. (c) To encourage the protection of natural systems and the utilization of these systems in a manner which does not impair their beneficial functioning. (d) To discourage the construction of drainage systems which do not functionally approximate the natural drainage pattern. (e) To minimize sedimentation and erosion, within the watersheds, and as a result, minimize the transport of sediment and pollutants. (f) To protect and maintain the existing habitat of fish and wildlife. (g) To prevent damage from flooding while recognizing that natural fluctuations in water levels are beneficial. (h) To protect the absorptive, purifying and retentive functions of the natural systems existing in the University Lake, Cane Creek, and Upper Eno Watersheds area. (i) To ensure the attainment of these objectives by requiring the approval and implementation of Sed;,. eRta+,„n and E SOOR C RtF l Plansef s,Gn and sed;rneRtat'GR ,.op# ��Erosion and Sedimentation Control Plans247 for all activities which may adversely affect the University Lake, Cane Creek, and Upper Eno Watersheds. (j) To provide and enforce design and performance standards for control of post-development erosion and sedimentation in order to preserve the characteristics that existed in the University Lake, Cane Creek, and Upper Eno Watersheds Area prior to development. 241 Consistent use of"Erosion and Sedimentation Control Plans". Orange County, North Carolina—Unified Development Ordinance Page 6-116 Article 6: Development Standards 100 Section 6.15: Soil Erosion and Sedimentation Control245F 6.15.2 Applicability (A) The&G4248-erosion and sedimentation control provisions contained herein shall apply within Orange County, including the municipalities of Carrboro, Hillsborough, and the portion of Mebane within Orange County, but excluding the municipal boundaries and planning extraterritorial limits of Chapel Hill.249 (B) It shall be unlawful, within the jurisdiction of this Section, to engage in land disturbing acti My Activity, except as provided herein, without first obtaining a permit Land Disturbing Permit (LDP)250 as required by this Section and without complying with the conditions of the issuance of said permi LDP. (C) Any person engaged in land-disturbing activities who fails to file-a-p4Rgpply for an LDP251 in accordance with this Ordinance, or who conducts a aGti AtyLand-Disturbing Activity except in accordance with provisions of an approved plat► LDP shall be deemed in violation of this Ordinance. 6.15.3 Erosion Control Standards (A) Orange County Erosion Contro1252 Standards Requirements, standards, and specifications for eYesion GGRtFel plaRseYesiep and sedomen+rt,pn ,.pn+rGl plaRErosion and Sedimentation Control Plans253 and erosion control techniques, measures, and devices are contained in the Gr S,,,., and SediMen+Gr,n+rr,i lVlaR a4most current version of the-the North Carolina Administrative Code Title 15A Chapter 4: Sedimentation Control, and the most current version of the North Carolina Erosion and Sediment Control Planning and Design Manual (NC Erosion Control Manual)2-541. Copies of the nn�p �� ailohle from the Erosion Con+col Division of the Orange County Planning & Inspections rlepartMen+ 255 (B) Revisions to Orange County Erosion Contro1256 Standards Corrections, revisions, and amendments to the coil Erosion and Sediment Control ManualOrange County erosion control standards257 shall be made upon recommendation of the Erosion Control Officer-and-approval by the Planning Director, and approval by the258 Orange County Board of Commissioners. (C) Consistency Between Ordinance and Orange County Erosion Contro1259 Standards 24s Deleted "soil". 24s Revised per NCDEQ peer review comment. 2so"Land Disturbing Permit" is correctly noted to match the Definitions section of this Ordinance and the appropriate acronym for Land Disturbing Permit(LDP) is included—NOTE: 'land Disturbing Permit"and'LDP" are integrated through the remainder of Section 6.15, where applicable. 211 Clarification of requirements. 212 Clarification that this sub-section is specific to"Orange County erosion control standards" 211 Consistent use of"Erosion and Sedimentation Control Plan" as defined in 15A NCAC 02H.1002(Definitions)— NOTE: "Erosion and Sedimentation Control Plan"is integrated through the remainder of Section 6.15, where applicable. 214 Correct reference to North Carolina Administrative Code Title 15A Chapter 4 and the Erosion and the Sediment Control Planning and Design Manual (NC Erosion Control)—NOTE: "NC Erosion Control Manual"is integrated through the remainder of Section 6.15, where applicable. 215 The Division does not provide copies of the Manual to the public,this statement has been deleted. 211 Clarification that this sub-section is specific to"Orange County erosion control standards". 2s'Clarification that this sub-section is specific to"Orange County erosion control standards". 2ss Planning Director approval of"Orange County erosion control standards" is needed prior to BOCC approval. 2ss Clarification that this sub-section is specific to"Orange County erosion control standards". Orange County, North Carolina—Unified Development Ordinance Page 6-117 Article 6: Development Standards 101 Section 6.15: Soil Erosion and Sedimentation Control245F Nothing in this Section shall be construed to allow approval of a-pla-r}an LDP which is inconsistent with the mandatory standards set forth in Section 6.15.7(B) of this Ordinance or any other provision of this Ordinance. 6.15.4 Exclusions The regulations established within this Section shall not apply to the following land---disturbing activities: (A) Agriculture Activities, including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture260 undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to: (1) Forages and sod crops, grains and feed crops, tobacco, cotton and peanuts.; (2) Dairy animals and dairy products; (3) Poultry and poultry products; (4) Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all such animals; (5) Bees and apiary products,;aad (6) Fur producing animals, and (6).(Z7)L Mulch, ornamental plants, and other horticultural products. For purposes of this section, "mulch" means substances composed primarily of plant remains or mixtures of such substances.261 (B) Forestland (1) Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with standards defined by thebest m on+ p tiGeS Set „t OR Forest Practice Guidelines Related to Water Quality(Best Management Practices), as adopted by the North Carolina Department of Agriculture and Consumer Services.262 (2) If land disturbing tivityLand-Disturbing Activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality, the provisions of this Ordinance shall apply to such activity and any related land--disturbing -activity on the tract.263 (C) Mining Activities for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the General Statues. (D) State Jurisdiction Those land-disturbing activities over which the State by statute (G.S. 113A-56(a)) has exclusive regulatory jurisdiction, which are activities: (1) Conducted by the State, (2) Conducted by the United States, 2"Revised to reflect the most current version of NCDEQ's model ordinance for E&SC.; revised per NCDEQ peer review comment. 2e1 Revised to reflect the most current version of NCDEQ's model ordinance for E&SC. 2e2 Revised to reflect the most current version of NCDEQ's model ordinance for E&SC. 2e3 Revised to reflect the most current version of NCDEQ's model ordinance for E&SC. Orange County, North Carolina-Unified Development Ordinance Page 6-118 Article 6: Development Standards 102 Section 6.15: Soil Erosion and Sedimentation Contro1245F (3) Conducted by persons having the power of eminent domain, (4) Conducted by local governments, or (5) Funded in whole or in part by the State or the United States. (E) An activity which is essential to protect human life during an emergency. (F) Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean Water Act. (5)QGQ)L Activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7 Code of Federal Regulations Section 12.2.264 6.15.5 General Requirements for Areas Other Than University Lake, Cane Creek, and Upper Eno Watersheds (A) Protection of Property (1) Person(s) conducting Land-Disturbing Activityfes shall take all reasonable measures to protect all public and private property from damage by such aGtivitiesLand-Disturbing Activity. (2) The disposal of trees, limbs, stumps and construction debris associated with the activities l „d d;E+„rh;RQ +,y4yLand-Disturbinq Activity shall be by some method other than open burning. (3) This requirement shall apply to any areas to be disturbed, regardless of the size of the area to be uncovered. (B) Erosion and Sedimentation Control Plan Requirement (1) 265At least 30 days priorPrier to the commencement of any land-dirt rbiR,. aet+v+fyLand-Disturbing Activity that will result in the uncovering of more than 20,000 square feet of land, the person(s) conducting the Iand disturbing aet+v+fyLand-Disturbing Activity must prepare and submit an Erosion eresmen an sedi eRtatie Gen# �Erosion and Sedimentation Control PlanGentrel Rlae for the proposed site. (2) The erosion and sedimentation centro-1 ^ Erosion and Sedimentation Control PlanWae shall specify the method of disposal of trees, limbs, stumps and construction debris associated with the activity; which shall be by some method other than open burning. (3) The erosion and sedimentation con ro p1a4 Erosion and Sedimentation Control Plane--fall must be approved and a 1-a--Rd- n;s+„rbiRg oo ,,;+an LDP obtained prior to the start of the dmst,�za,ba^eeLand-Disturbing Activity. 6.15.6 General Requirements for University Lake, Cane Creek, and Upper Eno Watersheds (A) Protection of Property (1) Person(SJ266 conducting Iand disturbing +„a+„Land-Disturbinq Activity shall take all reasonable measures to protect all public and private property from damage by such aeLand-Disturbing Activity. z64 Revised to reflect the most current version of NCDEQ's model ordinance for E&SC. z6s Revised to reflect the most current version of NCDEQ's model ordinance for E&SC. 166 Text correction—added parenthesis for consistency with previous sub-section. Orange County, North Carolina—Unified Development Ordinance Page 6-119 Article 6: Development Standards 103 Section 6.15: Soil Erosion and Sedimentation Control245F (2) The disposal of trees, limbs, stumps and construction debris associated with the Land-Disturbing Activity shall be by some method other than open burning.267 (3) This requirement shall apply to any areas to be disturbed, regardless of the size oof�.the area to be uncovered.268 b d is Fequ*FemeRt shall apply to aRy apea to (B) Erosion and Sedimentation Control Plan Requirement (1) Except as otherwise provided in Section 6.15.6(C) of this Ordinance269, an Erosion and Sedimentation Control Plan shall be prepared-and-270filed with and approved by the Erosion Control Division at least 30 days271 prior to the commencement of any land disc urhiRg ^^+,",+„Land-Disturbing Activity within the University Lake, Cane Creek, and Upper Eno Watersheds. (2) The er^S'^^ and sedim^^+^+;^n ^^^+,-^l PIaRErosion and Sedimentation Control Plan shall specify the method of disposal of trees, limbs, stumps and construction debris associated with the activity; which shall be by some method other than open burning. (C) Erosion and Sedimentation Control Plan Waiver (1) The person(s) conducting the land distuFh;n^ ^^+„a+„Land-Disturbing Activity need not submit an Erosion erosion and s^domentat;^n r.,^+,ol of^"Erosion and Sedimentation Control Plan if such person obtains an ^F^c'^^ aPA ,Qd;mP +^+,^n G^n+r^l Plai Erosion and Sedimentation Control Plan Wa+verwaiver from the Erosion Control Division. (2) An application for this waiver shall be submitted to the Erosion Control Officer and shall contain the following: (a) The name, address, and phone number of the developer and owner, (b) A description and drawing of the proposed development or4tyLand- Disturbing Activity, (c) The location of the development, and (d) Any other information requested by the Orange County Erosion Control Officer that is reasonably necessary to evaluate the proposed development. (3) The Erosion Control Officer shall issue the erosion and sedimentation cOPAT-04 PIanErosion and Sedimentation Control Plan Waive r waiver if he/she finds the following: (a) The land disturbing ^^+„a+.,Land-Disturbing Activity will not result in the uncovering of more than 10,000 square feet; and (b) The land disturbing ^^+„a+.,Land-Disturbinq Activity is not to be conducted in connection with any of the following types of developments: (i) Shopping centers, (ii) Industrial and commercial facilities, (iii) Major subdivisions, (iv) Roads, or 267 Added Item 2 and Item 3 for consistency with Section 6.15.5 (A)of this Ordinance. 26'Added Item 2 and Item 3 for consistency with Section 6.15.5 (A)of this Ordinance. 261 Consistent reference to"this Ordinance". 270 Text correction—deleted "prepared and". 271 Revised to reflect the most current version of NCDEQ's model ordinance for E&SC. Orange County, North Carolina—Unified Development Ordinance Page 6-120 Article 6: Development Standards 104 Section 6.15: Soil Erosion and Sedimentation Control245F (v) Any activity involving the temporary or permanent storage (above or below ground) of any noxious, toxic, or hazardous substance, including fuel storage facilities. (c) The proposed land diGtUFbiRg aGtiVityLand-Disturbing Activity will not: (i) Significantly increase or decrease the rate or volume of surface water runoffs; (ii) Significantly contribute to the degradation of water runoffs; (iii) Have a significant adverse impact on a wetland, watercourse, or water supply reservoir,; (iv) Occur within a buffer area circumscribing a water supply reservoir;or (v) Involve open burning of trees, limbs, stumps and construction debris associated with the permitted activity. 6.15.7 Design and Performance Standards (A) Basic Control Objectives An Erosion and Sedimentation Control Plan may be disapproved pursuant to Section 2.19 of this Ordinance if the plan 8r^Si^^ and sedimentation GGRtr„I pla Erosion and Sedimentation Control Plan fails to address the following control objectives: (1) Identify Critical Areas On-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation, are to be identified and receive special attention, and appropriate mitigativ-e—tigation272 measures are to be taken to protect those areas. (2) Plan for Erosion Control (a) Design the development and prepare the site plan so that the necessary sediment-trapping devices and erosion control measures can be accommodated and are accessible for maintenance and removal. (b) Observe the requirements and standards in ,r„d co,d;mo t G,,,,+r„ll o�,,r,;r,� and Desie r,the most current version of North Carolina Administrative Code Title 15A Chapter 4: Sedimentation Control, and the most current version of the273 NC Erosion Control Manual. (3) Limit Exposed Areas All land-disturbing activities are to be planned and conducted to minimize the size of the area to be exposed at any one time. (4) Limit Time of Exposure All land-disturbing activities are to be planned and conducted to limit exposure to the shortest feasible specified in North Carolina General Statute 113A- 57, the most current version of North Carolina Administrative Code Title 15A 171 Text correction-replaced "mitigative"with "mitigation". 273 Consistent reference to"most current version"of North Carolina Administrative Code and the NC Erosion Control Manual. Orange County, North Carolina—Unified Development Ordinance Page 6-121 Article 6: Development Standards 105 Section 6.15: Soil Erosion and Sedimentation Contro1245F Chapter 4: Sedimentation Control, or as directed by the Erosion Control Off icer..-274 (5) Control Upgrade275 Stormwater Run off2's Surface waferStormwater runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure. (6) Control Sedimentation All land-disturbing activities are to be planned and conducted so as to prevent off-site sedimentation damage. (7) Manage On-Site27 Stormwater Runoff When the 'nGrease OR thepeak rotes and Velor.itY of stE)FM water r .,off res61I+iRg fre.rn a .1—And-disc urhiRg a^tniity is 661f iGieRt+o Gause Gelera+ed eresieR of the shall inGlu de measures to GGRtrel the velocity and the rote of release a+the n ORt of rii s to + f th site d ' rl ass � se-a ,rze�ese eras ero e�sn.—�-;,Tcrez,sea sed;r;Te.Ptafier, of the strew,,, The Erosion and Sedimentation Control Plan shall be designed so that any increase in velocity and/or volume of stormwater runoff resulting from a Land-Disturbing Activity will not result in accelerated erosion of the receiving stormwater conveyance or at the point of discharge. The Erosion and Sedimentation Control Plan shall include measures to prevent accelerated erosion within the project boundary and at the point of discharge.278 (8) Open Burning The ernS'E)R and sed'menta+inr, GE)Rtrnl olar,Erosion and Sedimentation Control Plan shalle 4279 specify the method of disposal of trees, limbs, stumps and construction debris associated with the aet+v+fyLand-Disturbinq Activity; which shall be by some method other than open burning. (B) Mandatory Design and Performance Standards for Land-Disturbing Activity No land-disturbing anti„ityLand-Disturbing Activity subject to the provisions of this Section shall be undertaken except in accordance with the following mandatory standards: (1) Buffer Zone (a) No land-disturbing anti„it„Land-Disturbing Activity during period of construction nr'mnrnvement to land 280shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the 25% of the buffer zone nearest the ae#+v+l&and-Disturbing Activity. (b) Unless otherwise provided, the width of a buffer zone is measured from the edge of the water to the nearest edge of the disturbed area, with the 25% of the strip nearer the land--disturbing-activity containing the natural or artificial means of confining visible siltation. 274 Revised to reflect the most current version of NCDEQ's model ordinance for E&SC. 21'Text correction—added "Upgrade"so as to differentiate this sub-section from Section 6.15.7(A)(7). 276 Consistent use of"stormwater runoff'—NOTE.- "storm water runoff"is integrated through the remainder of Section 6.15, where applicable. 27'Text correction—added "On-Site"so as to differentiate this sub-section from Section 6.15.7(A) (5). 271 Revised to reflect the most current version of NCDEQ's model ordinance for E&SC. 271 Text correction—grammar fix. 28.Deleted "during periods of construction or improvement to land"—this was extraneous text. Orange County, North Carolina—Unified Development Ordinance Page 6-122 Article 6: Development Standards 106 Section 6.15: Soil Erosion and Sedimentation Contro1245F (G) ^ems Classified as Trout Waters by the €m"i ental nnananemeRt Com Rq oss non281 Waters that have been ^Glassi#Ted as trout aters by the Environmental Management Commission shall have a undisturbed buffer zone 25 feet wide o of suffjGjent width to G nfine viismble sjltatjen Gyjthjn the 25% of the buffer zone nearest the land_djsturhing actmymtL./ whichever is eater. �The 255 foot minimum width fora undisturbed bufferzonedjaEent to designated trout waters shall hem red horizontally from the top of the bank. The (lrann !!2 County may approve plans which include land_djsturhjnn activity along trout waters when the duration of said disturbance lend_ d1sturrbong activity wi_rroluldd_bbe temporary and the extent of said disturbancediisturbancee and disturbing activity would be al This subsection shall not apply c�Trrrrrl�-rcr1:-r-r-rr�.�c1A�c�.z,vr-r�rrLwrr-rrvL-LaAP'T to a land-disturbing activity in connection with the construction of facilities to he located on, over, watercourse.or Under a lake or natural Where a temporary and minimal disturbance land-disturbing aptiyity permitted a an exGeption by Se^tjon Q 1 G 7(B)(1)(c)/iii) of this Ordinance , land-disturbing actiyityies in the buffer zone adjacent to designated trout .waters shall he limited to a maxmmum of 10 of the total length of the hllffer zone ..jthjn the tract to he disturbed/ such that there is of more than 100 linear feet of disturbance in each 1=000 linear feet of buffer zanC. Large yeas may he disturbed with the written approval of the Directer of the Dmy0sion of Land Resources of the department of Environment and hiat-ral (vNo land_distur�_urhbin9 activity shall be undertaken within a buffer zone adjacent to designated trout.waters that will cause adverse temperature fluctuations, t forth IS NG^C 2B.9211 Fresh Surface Water P GGPPL�VII�, as set forth 111 I r-G Classjfjcation and Standards n these waters.. (2) Graded Slopes and Fills (a) The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. (b) Slopes left exposed shall, within 21 Galepdar days Of GOMPleti^n of phase of grading be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion, within the timelines as specified in the most current version283 of North Carolina#R_-N Administrative Code Title 15A Chapter 4: Sedimentation Control. (c) The angle for graded slopes and fills must be demonstrated to be stable. Stable is the condition where the soil remains in its original configuration, with or without mechanical constraints. 21i There are no EMC recognized Trout Waters located in Orange County. This section is irrelevant and has been deleted; revised per NCDEQ peer review comment. 28'For ground cover timelines-consistent reference to"most current version"of the NC Administrative Code Title 15A Chapter 4:Sedimentation Control and the NC Erosion Control Manual. Orange County, North Carolina—Unified Development Ordinance Page 6-123 Article 6: Development Standards 107 Section 6.15: Soil Erosion and Sedimentation Control245F M(d) Materials being used as fill shall be consistent with the most current version of North Carolina Administrative Code Title 15A Subchapter 13B Section .0562 (Beneficial Fill) unless the site is permitted to operate as a landfill. Not all materials described in Section .0562 may be suitable to meet geotechnical considerations of the fill activity and should be evaluated accordingly.28a (3) Undisturbed Area Because soils which are seriously disturbed, even if re-vegetated, can generate nearly as much run e stormwater runoff285 as paved areas, a portion of property being developed within watershed critical areas must remain undisturbed during construction. See Table 6.15.7.B.3: Undisturbed Area (below). TABLE 6.15.7.B.3: UNDISTURBED AREA DISTRICT UNDISTURBED AREA The area necessary to meet impervious surface requirements shall remain undisturbed during the UNIV-CA construction process. CANE-CA The area to remain undisturbed shall include portions U-ENO-CA of the lot utilized for stormwater infiltration. All clearing limits shall be clearly marked and observed. All other Watershed Overlay Districts As may be required pursuant to an approvedgrad+++g permit or erosion e +r i plan LDP. (4) Ground Cover (a) Whenever land-disturbing acti„ityLand-Disturbing Activity is undertaken on a tract comprising more than 20,000 square feet, if more than 20,000 square feet are uncovered, the person conducting the activit&and-Disturbing Activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land disturbiRg aGtivityLand-Disturbing Activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. (b) Except as provided in Section R 1 F 7(B)(6 & 2"ef+hio rlr�e Pprovisions for a ground cover sufficient to restrain erosion must be accomplished within 15,.erkiRg days OF°n Ga!eRdaF days, Whinheyer period is sh^r+orthe timelines as specified in the most current version287 of the North Carolinas Administrative Code Title 15A Chapter 4: Sedimentation Control Fr„si n G„r,+r„i R/InIvIan,,e� Lfollowing completion of construction or development. (5) Design Storm 2"Added language regarding fill materials, in conformance with current state Model Ordinance. 28s Consistent use of"stormwater runoff". �6Teext cerrect'en—added a space. 281 For ground cover requirements-cConsistent reference to"most current version" of the NC Administrative Code Title 15A Chapter 4:Sedimentation Control. Orange County, North Carolina—Unified Development Ordinance Page 6-124 Article 6: Development Standards 108 Section 6.15: Soil Erosion and Sedimentation Control245F (a) Except as provided in Sections 6.15.7(B)(6) and 6.15.7(B)(7)-288 of this Ordinances d in the star parr, fer sediment pends in the So'! Erosion and Sediment(control Man almost current yersion28J of 4�__tho_f\,C_ Grn�on Control Manu_all erosion and sedimentation control measures, structures, and devices shall be so planned, designed, and constructed as to provide protection from accelerated erosion and sedimentation from the calculated maximum peak rates of stormwater runoff290 from the 10ten- year frequency storm. (b) Jeff Stormwater runoff rates shall be calculated according to the procedures in the latest edition of the United States Department of AgricultureSDA Natural Resources—SG4-Conservation Service's "National Engineering Field Handbook 630 forManual fer Conservation Practices," or according to other calculation procedures acceptable to the Erosion Control Officer. (6) Standards for High Quality Waters In High Quality Water(HQW)zones the following design standards shall apply: (a) Uncovered Areas (i) Uncovered areas in HQW zones shall be limited at any time to a maximum total area of 20 acres within the boundaries of the tract. Only the portion of the Land-Disturbing Activity within a HQW zone shall be governed by this section. (ii) Larger areas may be uncovered within the boundaries of the tract with the written approval of- the Director of the Di"i6i^n of Land Resougoes of the DeoortmeRt of 1-RVOFer,ment and Natural ResouFGes.-tThe Division of Energy, Mineral, and Land Resources (DEMLR), upon the applicant providing engineering justification with a construction sequence that considers phasing, limiting exposure, submission of weekly self-inspection reports, and more conservative design than the 25-year storm. The Director of DEMLR may also stipulate the inclusion of other conditions in the plan as necessary based on specific site conditions.-291 (b) Erosion and Sedimentation Controls (i) Erosion and sedimentation control measures, structures, and devices within HQW zones shall be so planned, designed, and constructed to provide protection from the stormwater runoff of the 25-year storm which produces the maximum peak rate of stormwater runoff. 288 Text correction—added a space. Reference to the sections specific to additional requirements for projects in HWQ and Falls Lake Watershed areas. 290 Consistent use of"stormwater runoff'—NOTE.the use of"stormwater runoff"is implemented through remainder of Section 6.15,as applicable. "I Correction of entity name and addition of information from 15A NCAC Chapter 4. Orange County, North Carolina—Unified Development Ordinance Page 6-125 Article 6: Development Standards 109 Section 6.15: Soil Erosion and Sedimentation Contro1245F (ii) The peak rate of stormwater runoff shall be calculated according to procedures in the latest edition of the United States Department of Agriculture Natural ResourcesSo}}Conservation Service's"National Engineering Field Manual Handbook 630 for Conservation Practices"or according to other calculation procedures acceptable to the Erosion Control Officer-adopted-by any other agency of this state or the United States or any generally recognized organization or association (c) Sediment Ponds292 (i) Sediment ponds (also called "sediment basins")within HQW zones shall be planned, designed,and constructed to meet the following criteria: a. Use a surface withdrawal mechanism, except when the basin drainage area is less than 1.0 acre; b. Have a minimum of 1,800 cubic feet of storage area per acre of disturbed area; C. Have a minimum surface area of 325 square feet per cfs of Q25 peak inflow; d. Have a minimum dewatering time of 48 hours; and e. Incorporate 3 baffles, unless the basin is less than 20 feet in length, in which case 2 baffles shall be sufficient. 1�SUGh that the pond will have o settling effiGieRG of o+ least 70% fer the 40 MiGren (0.04 rr m) size soda tr-aa^spe ted in+o�the basinby the s+ermwa+err noff of that 2 year s+erm which prey- ices the maximum peak rote of stormwater r noff ii TThe peak rate of stormwater runoff shall be calculated according to procedures in the latest edition of the United States Department of Agriculture Natural Resources Conservation Service's "National Engineering Field Handbook 630 for Conservation Practices" or according to other calculation procedures acceptable to the Erosion Control Officer. (d) Alternative Sediment Pond Design293 Upon a written request of the applicant, the Director of DEMLR may allow alternative sediment pond design or control measures in lieu of meeting the conditions required in Section 6.15.7(B)(6)(c) of this Ordinance if the applicant demonstrates that meeting all of the conditions will result in design or operational hardships and that the alternative measures will provide an equal or more effective level of erosion and sedimentation control on the site. Alternative measures may include quicker application of ground cover, use of sediment flocculants, and use of enhanced ground cover practices. /mil s+ermwate runoff T � ace ding rT� e�ea,L to�-ef r shall he��ea c�la+ ,� -a ton ced gyres OR the I loiter! States department of AgrmcYI+ re coil rensepya+men SeFV'Ge's National Engineering Field Mangy gal fer Genserva+men Practices o aGG9rdiRg +e n ced gyres arlep+ed h" any ether ageRGY of this state or the I Inmted States o generally re zed o za+inn o is+ion 292 Revised to reflect current standards within 15A NCAC Chapter 4. 293 New section added to reflect current standards within 15A NCAC Chapter 4. Orange County, North Carolina—Unified Development Ordinance Page 6-126 Article 6: Development Standards 110 Section 6.15: Soil Erosion and Sedimentation Control245F (4)(e) Open Channels (i) Newly constructed open channels in HQW zones shall be planned, -designed,and constructed with side slopes no steeper than two 2) horizontal to one 1)vertical if a vegetative cover is used for stabilization (ii) Steeper slopes may be permitted if soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other acceptable devices. (iii) In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion. W(f) Ground Cover (i) Ground cover sufficient to restrain erosion must be provided for any portion of a land--disturbing -activity in a HQW zone within the timelines as specified in the most current version of the North Carolina Administrative Code Title 15A Chapter 4: Sedimentation Control.294W th_in_7_days and/or 15 working days or 60 calonda days whichever period is shorter the timelines specified for HQWzones in the most o rrent -&ro 2$5 of the N( Frnsinn Control ' m following ompletion of construction or development (7) Standards for the Upper Neuse River Basin (Falls Lake Watershed)2s6 In the Upper Neuse River Basin (Falls Lake Watershed), in areas not classified as High Quality Water (HQW)zones, the following design standards shall apply: (a) Erosion and Sedimentation Controls (i) Erosion and sedimentation control measures, structures, and devices within HQW zones shall be so planned, designed, and constructed to provide protection from the stormwater runoff of the 25-year storm that produces the maximum peak rate of stormwater runoff. (i i) The peak rate of stormwater runoff shall be calculated according to procedures in the latest edition of the United States Department of Agriculture Natural Resources Soil Conservation Service's "National Engineering Field Manual Handbook 630 for Conservation Practices" or according to other calculation procedures acceptable to the Erosion Control Officer. (b) Sediment Ponds (i) Sediment ponds (also called "sediment basins") in the Upper Neuse River Basin (Falls Lake Watershed) shall be planned, designed, and constructed so that the basin will have a settling efficiency of at least 70 percent for the 40-micron size soil particle transported into the basin by the stormwater runoff of the 2-year storm that produces the maximum peak rate of stormwater runoff. (i i) The peak rate of stormwater runoff shall be calculated according 294 For ground cover requirements-consistent reference to"most current version" of the NC Administrative Code Title 15A Chapter 4: Sedimentation Control 296 New section added to specify additional requirements within the Falls Lake Watershed. Orange County, North Carolina—Unified Development Ordinance Page 6-127 Article 6: Development Standards 111 Section 6.15: Soil Erosion and Sedimentation Control245F to procedures in the latest edition of the United States Department of Agriculture Natural Resources Soil Conservation Service's "National Engineering Field Manual Handbook 630 for Conservation Practices" or according to other calculation procedures acceptable to the Erosion Control Officer. (c) Open Channels (i) Newly constructed open channels in the Upper Neuse River Basin (Falls Lake Watershed) shall be planned, designed, and constructed with side slopes no steeper than two (2) horizontal to one (1) vertical if a vegetative cover is used for stabilization (ii) Steeper slopes may be permitted if soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other acceptable devices. (iii) In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion, as determined by the Erosion Control Officer, based on soil conditions. (d) Ground Cover (i) Ground cover sufficient to restrain erosion must be provided for any portion of a Land-Disturbing Activity in the Upper Neuse River Basin (Falls Lake Watershed)within the timelines as specified in the most current version of the North Carolina Administrative Code Title 15A Chapter 4: Sedimentation Control. M(8) Prior Erosion and Sedimentation Control Plan Approval No person shall initiate any la^d-disturbiRg tivityLand-Disturbing Activity on a tract if more than 20,000 square feet are to be uncovered unless, 30 or more days prior to initiating the activit(Land-Disturbing Activity, an erosion and sedimentation control plaRErosion and Sedimentation Control Plan for such ast+v+t�-Land-Disturbing Activity is filed with and approved by Orangethe297 County and appFeved, and a 1 -and r iroturbiRg Per"'^+an LDP obtained from the Orange298 County. The land disturbing +i,a+yLand-Disturbing Activity shall be conducted in accordance with the approved er^cO^^ and sedi „entatiOR GE)RtFE)l plaeErosion and Sedimentation Control Plan. (C) Additional Standards for Land-Disturbing Activity in University Lake, Cane Creek, and Upper Eno Watersheds In addition to the provisions of Subsection (B) above, the design, construction, and maintenance of drainage systems in developments within the University Lake, Cane Creek, and Upper Eno Watersheds shall also be consistent with the following standards, and these standards shall control to the extent that they are more restrictive than those set forth in Subsection (B) above: (1) Channeling Stormwater Runoff (a) Channeling stormwater runoff directly into water bodies shall be prohibited. (b) Stormwater runoffef#shall be routed through swales and other systems designed to increase time of concentration, decrease velocity, increase infiltration, allow suspended solids to settle, and remove pollutants. 297 Consistent reference to"Orange County". 298 Consistent reference to"Orange County". Orange County, North Carolina—Unified Development Ordinance Page 6-128 Article 6: Development Standards 112 Section 6.15: Soil Erosion and Sedimentation Contro1245F (2) Alteration of Watercourses (a) Natural watercourses shall not be dredged, cleared of vegetation, deepened, widened, straightened, stabilized or otherwise altered except in accordance with an approved FiFesion eFes'eR and sedo ,.epAgUep -Control-WanErosion and Sedimentation Control Plan. (b) Water shall be retained or detained before it enters any natural watercourse in order to preserve the natural hydro-dynamics of the watercourse and to prevent sedimentation. (3) Limit ' and-Disturbing nGtivityLand-Disturbing Activity (a) The area of disturbance by development shall be as small as practical. (4) Land Alterations (a) No grading, cutting or filling shall be commenced until erosion and sedimentation control devices have been installed between the disturbed area and water bodies, watercourses, wetlands, or adjoining properties. (5) Wetland Protection (a) Wetlands and other water bodies shall not be used as sediment traps during development. (6) Maintenance Requirements and Responsibility (a) Erosion and sedimentation facilities shall receive regular maintenance to ensure that they continue to function properly. (b) Temporary basins shall be cleaned out when they are filled to 50% of their design capacity. (7) Artificial Watercourses (a) Any artificial watercourse (where the need is demonstrated) shall be designed considering soil type so that the velocity of flow is low enough to prevent accelerated erosion. (8) Buffer Area Requirements (a) Soil and pollutants carried over land, primarily from roads, trails, and/or land-disturbing activities, can be effectively trapped by leaving a relatively undisturbed strip of vegetation parallel and adjacent to the watercourse. (b) Properly managed overland water stormwater runoff can be directed into this buffer area in a manner that will reduce velocity and cause dispersion of the waterstormwater runoff. Sediments carried by the water stormwater runoff will settle out as a result of this slowing and dispersion process. (c) The width of these buffer areas shall depend on the type of stream or drainage area and shall be determined as follows: (i) Creeks and tributaries - (i.e., permanent streams flowing directly into a water supply reservoir within University Lake, Cane Creek, and Upper Eno Watersheds and permanent streams flowing into such streams). a. Measure along a line running perpendicular to the edge of the floodplain 50 feet from the edge of the floodplain plus an additional distance equal to: 4 x slope x 100. Orange County, North Carolina—Unified Development Ordinance Page 6-129 Article 6: Development Standards 113 Section 6.15: Soil Erosion and Sedimentation Control245F b. If no floodplain has been demarcated, measure along a line running perpendicular to the center of the watercourse. Measure the 50 feet from the edge of the water. C. "Slope" is expressed as a percentage derived by dividing the rise in elevation between the floodplain boundary line (or centerline of the watercourse per above) and a point 100 feet from that point along the above described perpendicular line, by 100. (ii) Intermittent streams flowing into creeks and tributaries. a. Measure along a line running perpendicular to the centerline of the intermittent stream 50 feet from such stream centerline. (iii) Intermittent streams flowing directly into water supply reservoirs within University Lake, Cane Creek, and Upper Eno Watersheds. a. Measure along a line running perpendicular to the centerline of the intermittent stream 100 feet from such stream centerline. (iv) Intermittent streams flowing into streams which flow directly into water supply reservoirs within University Lake, Cane Creek, and Upper Eno Watersheds. a. Measure along a line running perpendicular to the centerline of the intermittent stream 50 feet from such stream centerlines. (v) Water supply reservoirs within University Lake, Cane Creek, and Upper Eno Watersheds. a. Measure along a line running perpendicular to the high water mark or floodplain boundary(whichever is farther from the Lake) 100 feet from such high water mark or floodplain boundary plus an additional distance equal to: 4 x slope x 100 b. "Slope" is expressed as a percentage derived by dividing the rise in elevation between the high water line of the Lake and a point 100 feet from that point along the above described perpendicular line, by 100. (d) The existing natural vegetation in the designated buffer areas shall not be disturbed in any way that would reduce the area's effectiveness in achieving the objectives set forth in this subsection. (e) Buffer areas from which the vegetative cover has been removed shall be planted or otherwise provided with ground cover devices or structures sufficient to allow the buffer area to accomplish the objectives set forth in this subsection. (f) Buffers shall not be used as temporary erosion control devices during construction. (9) Sediment Storage (a) Sediment shall be retained on the site of the development. (10) Detention or Retention Areas- (a) Retention and detention ponds may be used to retain and detain the increased and accelerated stormwater runoff which the development generates. Orange County, North Carolina—Unified Development Ordinance Page 6-130 Article 6: Development Standards 114 Section 6.15: Soil Erosion and Sedimentation Control245F (b) Water shall be released from detention ponds into watercourses or wetlands at a rate and in a manner approximating the natural flow which would have occurred before development. (c) Retention and detention ponds shall be designed so that they maintain their structural integrity when subject to a 100-year storm. (d) Detention and retention areas shall be designed so that shorelines are sinuous rather than straight and so that the length of the shoreline is maximized, thus offering more space for the growth of littoral vegetation. (e) The banks of detention and retention areas shall slope at a gentle grade into the water as a safeguard against drowning, personal injury or other accidents, to encourage the growth of vegetation and to allow the alternate flooding and exposure of the areas along the shoreline as water levels periodically rise and fall. (11) Open Space (a) The use of drainage facilities and vegetated buffer zones as open space, recreation, and conservation areas shall be encouraged. (b) Recreational activities undertaken in these open space areas shall be limited to passive or leisure activities. (12) Grassed Swales (a) Drainage within the development shall be accommodated by the natural drainage systems whenever possible. (b) The use of grassed drainageways to channel water stormwater runoff shall be encouraged. (c) The velocity of stormwater runoff travel in this grassed swale shall range between 2-4 feet/second. (13) Retention of Runoff from Industrial Sites (a) On sites developed for industrial purposes (i.e., uses involving the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembly of goods, merchandise, or equipment), retention or detention areas meeting the standards set forth in Section 6.15.7(C)(10) of this Ordinance299 shall be used to ensure that runoff is retained on the site before being released. The purpose of this requirement is to ei300nsure that, not only will the standard set forth in Section-301 6.15.8(A) of this Ordinance302 be met, but also a mechanism will be provided to safeguard the watershed against the spillage of toxic or dangerous substances. (D) Additional Standards for Borrow and Waste Areas (1) If the same person conducts the Land-Disturbing Activity and any related borrow or waste activity, the related borrow or waste activity shall constitute part of the Land-Disturbing Activity, unless the borrow or waste activity is regulated under the Mining Act of 1971, G.S. 74, Article 7, or is a landfill regulated by the Division of Waste Management. If the Land-Disturbing Activity and any related borrow or waste activity are not conducted by the same person, they shall be considered by the Erosion Control Officer as separate Land-Disturbing Activities.303 291 Consistent reference to"this Ordinance". 30'Text correction—grammar fix. 301 Text correction—deleted a space. 302 Consistent reference to"this Ordinance". 303 Revised to match NCDEQ's current model ordinance, based on NCDEQ peer review comment. Orange County, North Carolina—Unified Development Ordinance Page 6-131 Article 6: Development Standards 115 Section 6.15: Soil Erosion and Sedimentation Control245F When the person GE)RdUGting theldd s+ et+uify-is also the persen rendl!o+inn the br,rrE)w and waste.disposal activity, areas from yihinh borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, and waste areas forsurplus materials other than lanrdflls regulated by the Department's division of Solid Waste Management shall he considered as part of the land disturbing activity where the borrow material is being used or from which the waste material originated-. (2 When t# son conducting g the land disturbing activity s not the person r the n9� �,�an zY, e- ebtaiRiRgshe borrow on,-1/GF diSPGSiRg of the waste these areas shall he considered a rate land disturbing antiyity. (E) AddiitionaLStandards for Access and Haul Roads (1) Temporary access and haul roads, other than public roads, constructed or used in connection with any land disturbing agti„it„Land-Disturbing Activity shall be considered a part of such aGtiVit Activitv. (2) For development in the University Lake, Cane Creek, and Upper Eno Watersheds, these access and haul roads shall have gravel pads placed at the entrance of the site of a land_disturbing activit"Land-Disturbing Activitv. (F) Additional Standards for Operations in Lakes or Other Natural Watercourses (1) Land disturbing agti„it, Land-Disturbing Activity in connection with construction in, on, over or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disturbance of the stream channel. (2) The relocation of a stream, where relocation is an essential part of the proposed aEt+vityLand-Disturbing Activity, shall be planned and executed so as to minimize changes in the stream flow characteristics except when justification for significant alteration to flow characteristics is provided. (3) Every effort shall be made to maintain buffer zones consisting of existing vegetation between the Land-Disturbing Activity and the watercourse. (G) Additional Standards for Economic Development Districts The following additional standards shall apply within the Economic Development Districts: (1) Lot grading must be done in such a way as to preserve the topographic features and maintain natural drainage patterns, and to provide positive drainage. In locating buildings, parking, and other features on the site, the following standards must be met: (a) Minimize disturbance and phase development wherever practical. (b) Preserve existing vegetation, especially significant stands of trees along drainageways, on steep slopes, and in buffer areas. (c) Use the natural shape of the land with minimal grading to locate features in a way that minimized impacts on and off the site. (2) All site grading must be designed to meet the standards shown on the following table: SLOPEa TABLE 6.15.7.G.2: D• - . SITE AREA MINIMUM SLOPE MAXIMUM SLOPE Planting Areas 2% 3:1 Parking Lot Pavement 2% 4% Driveways and Access Drives 2% 5% Orange County, North Carolina-Unified Development Ordinance Page 6-132 Article 6: Development Standards 116 Section 6.15: Soil Erosion and Sedimentation Control245F SLOPE GRADING STANDARDS SITE AREA MINIMUM SLOPE MAXIMUM SLOPE Pedestrian Plaza Areas 1% 2% Sidewalks 1% 8% (3) No cut or fill slopes of any type may be steeper than 3:1 and must have smooth vertical transitions. Where space limitations demand, terracing with approved retaining walls will be utilized. Where retaining walls are used, they must be constructed of a material compatible with the building architecture. (4) Berms, channels, swales, etc. must be graded in such a way as to be an integral part of the landscape, and paved surfaces must be designed with smooth vertical transitions between changes in slope. (5) In order to minimize soil erosion, practical combinations of the following shall be used: (a) Expose the smallest practical area of cleared land during construction. (b) Temporary ditches, dikes, vegetation, and/or mulching must be used to protect critical areas exposed during development or construction. (c) Sediment control measures must be installed and maintained to remove sediment from run-offstormwater runoff waters during development. (d) Permanent landscaping and groundcover must be installed as soon as practical after construction activities are completed. (e) Temporary groundcover must be used for fill material subject to erosion and on construction projects over six months duration. 6.15.8 Stormwater Outlet Protection (A) Control of Discharge in University Lake, Cane Creek, and Upper Eno Watersheds After development of a site, the peak discharge of stormwater runoff resulting from a 10ten304-year storm shall be no greater than that which would result from a 10ten3o5-year storm on the same site prior to development. This requirement shall apply to the following: (1) Commercial, industrial, office, and institutional developments, (2) Multi-family residential developments of more than ten units, and (3) Single-family detached residential developments where more than three lots are to be created. (B) Control of Velocity (1) Persons shall plan and conduct land disturbiRg +,",+„Land-Disturbing Activity so that the post-construction velocity of the 10-year stormwater runoff in the receiving watercourse to the discharge point does not exceed the greater of: (a) The velocity established by the table in Section 6.15.8(C)(3)of the subsection; or (b) The velocity of the 10-year stormwater runoff in the receiving watercourse prior to development. 304 Text correction—consistent use of"10-year"within this sub-section. 301 Text correction—consistent use of"10-year"within this sub-section. Orange County, North Carolina—Unified Development Ordinance Page 6-133 Article 6: Development Standards 117 Section 6.15: Soil Erosion and Sedimentation Contro1245F (2) If conditions (a) or(b) of this Subsection above cannot be met, then the receiving watercourse, to and including the discharge point, shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior to development"velocity by 10%. (C) Standards (1) Intent Stream banks and channels downstream from any land--disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of stormwater runoff from the land--disturbing activity. (2) Acceptable Management Measures (a) Measures applied alone or in combination to satisfy the intent of this Subsection are acceptable if there are no objectionable secondary consequences. (b) Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives are to: (i) Avoid increases in suF#ase stormwater runoff volume and velocity by including measures to promote Infiltration to compensate for increased stormwater runoff from areas rendered impervious; (ii) Avoid increases in stormwater discharge runoff velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections; (iii) Provide energy dissipaters at outlets of storm drainage facilities to reduce stormwater runoff velocities to the point of discharge; these may range from simple rip-rapped sections to complex structures; and (iv) Protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion-resistant lining. Orange County, North Carolina—Unified Development Ordinance Page 6-134 Article 6: Development Standards 118 Section 6.15: Soil Erosion and Sedimentation Contro1245F (3) Permissible Velocities TABLE 6.15.8.C.3: MAXIMUM PERMISSIBLE VELOCITIES MATERIAL FPS MPS Fine Sand (noncolloidal) 2.5 0.8 Sandy Loam (noncolloidal) 2.5 0.8 Silt Loam (noncolloidal) 3.0 0.9 Ordinary Firm Loam 3.5 1.1 Fine Gravel 5.0 1.5 Stiff Clay(very colloidal) 5.0 1.5 Graded, Loam to Cobbles noncolloidal 5.0 1.5 Graded, Silt to Cobbles colloidal 5.5 1.7 Alluvial Silts noncolloidal 3.5 1.1 Alluvial Silts colloidal 5.0 1.5 Coarse Gravel noncolloidal 6.0 1.8 Cobbles and Shingles 5.5 1.7 Shale and Hard Pans 6.0 1.8 Source:Adapted from recommendations by the Special Committee on Irrigation Research, American Society of Civil Engineers, 1926,for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous channels, by 0.9 for moderately sinuous channels,and by 0.8 for highly sinuous channels. (4) Exceptions This rule shall not apply in areas other than the University Lake, Cane Creek, and Upper Eno Watersheds where it can be demonstrated that st^,.rr, v.oat^:d-GGharg^stormwater runoff velocities will not create an erosion problem in the receiving watercourse. 6.15.9 Responsibility for Installation and Maintenance (A) On-Site Facilities (1) During the development of a site, the person engaged in or conducting the Land- disturbing ^^4„4Land-Disturbing Activity shall be responsible for installing and maintaining all temporary and permanent erosion and sedimentation control measures and facilities as required by the approved or revised Erosion ores;^^ and sedi eRtatier Gentr^l PlaRErosion and Sedimentation Control Plan, any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. (2) The responsibility for installing and maintaining permanent erosion and sedimentation control measures and facilities after completion of the site development shall lie with the land owner or person in possession or control of the land except facilities and measures installed within road or street rights-of- way or easements accepted for maintenance by a government agency. (B) Off-Site Facilities (1) The Erosion Control Officer may allow stormwater runoff that is charged in volumes or at rates in excess of those otherwise allowed by this Ordinance to be discharged into drainage facilities off the site of development if the off-site facilities and the channels leading to them are designed, constructed, and maintained in accordance with the standards of this Ordinance. (2) Adequate provision must be made for the sharing of the construction and maintenance expenses of the facilities. Orange County, North Carolina-Unified Development Ordinance Page 6-135 Article 6: Development Standards 119 Section 6.15: Soil Erosion and Sedimentation Control245F (3) A request to use off-site drainage facilities and all information related to the proposed off-site facilities should be made part of the deVel()per'T306erGSiGR and sedimentation ,.nntrnl nlanErosion and Sedimentation Control Plan. (C) Additional Measures Whenever the Erosion Control Officer determines that significant sedimentation g as a result of land disturbing activity, despite application and maintenance 0 q practices, the person conducting the land disturbing activity or the person resnnnsi Die for maintenance will he required to take additional protective aGt'GR.accelerated erosion and sedimentation continues despite the installation of protective practices, the Erosion Control Officer shall direct the person conducting the Land-Disturbing Activity to take additional protective action necessary to achieve compliance with the conditions specified in the most current version of North Carolina Administrative Code Title 15A Chapter 4: Sedimentation Control.307 6.15.10 Existing Uncovered Areas (A) Existing Sites All uncovered areas existing on the effective date of this Ordinance which are consistent with the following: (1) Resulted from land disturbing activityLand-DisturbingActivit fes not excluded under Section 6.15.4 of this Ordinance 308, and (2) Are outside the University Lake, Cane Creek, and Upper Eno Watersheds and exceed 20,000 square feet, and (3) Are subject to continued accelerated erosion, and (4) Are causing off-site damage from sedimentation, Shall be provided with a ground cover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control off-site sedimentation. (B) Notice of Violation (1) The Erosion Control Officer will serve upon the landowner or other person in possession or control of the land written notice of violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. (2) The notice will set forth the measures needed to comply and will state the time within which such measures must be completed. In determining the measures required and the time allowed for compliance, the authority serving notice shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits for compliance. (C) Plan Requirements The Erosion Control Officer reserves the right to require preparation and approval of an Erosion erosion and sedomentafinn ('nntrnl olanErosion and Sedimentation Control Plan in any instance where extensive control measures are required. (D) Reservoir Sites This Subsection shall not require ground cover on cleared land forming the future basin of a planned reservoir unless the disturbance and length of time of the exposure prior to the filling of the reservoir will result in erosion and sedimentation of the downstream channel. '0'Deleted "developer's"—this was extraneous text. 101 Revised to match NCDEQ's current model ordinance, revised per NCDEQ peer review comment. 101 Consistent reference to"this Ordinance". Orange County, North Carolina—Unified Development Ordinance Page 6-136 Article 6: Development Standards 120 Section 6.22: Performance Guarantee Stand a rdse rforman ce Gurantee308F (b) If FEMA has approved a Conditional Letter of Map Revision (CLOMR), then a Letter of Map Revision (LOMR) must also be obtained upon completion of the proposed encroachment. (c) No manufactured homes shall be permitted. (D) Subdivisions, Home Parks, and Major Developments All subdivisions, home parks, and major development proposals located within SFHAs shall: (1) Be consistent with the need to minimize flood damage. (2) Have public utilities and facilities such as sewer, gas, electric, cable, and water systems located and constructed to minimize flood damage. (3) Have adequate drainage provided to reduce exposure to flood hazards. (4) Have provided all Base Flood Elevation (BFE) data adopted by reference per Section 1.1.3 of this Ordinance. (E) Effect Upon Outstanding Floodplain Development Permits Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the Floodplain Administrator or his/her authorized agents before the time of passage of this Ordinance; provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to passage of this Ordinance or any revision thereto, construction or use shall be in conformity with the provisions of this Ordinance. (F) Enforcement The provisions of the SFHA shall be enforced in accordance with the requirements contained within Section 9.7 of this Ordinance. (A) The type of Performance Guarantee shall be at the election of the applicant. Acceptable Performance Guarantee instruments include, but are not limited OnGludow, bu .G�+ to: (1) Aa performance bond or:surety bond from a bonding company authorized to do business in North Carolina;,- (2) An irrevocable or-letter of credit from a financial institution authorized to do business in North Carolina;,or (3) Cash placed in escrow with a financial institution designated as an official repository of Orange County. Bonds and/or irrevocable letters of credit shall be readily convertible to into cash at face value and payable to Orange County. (B) Unless otherwise detailed herein, the amount of the Performance Guarantee shall equal 125% of the estimated cost of the required improvements, including project management costs, of required improvements. (C) The estimatedEs#a� cost shall be, based on applicable industry norms and, shall be itemized and certified by a North Carolina registereda professional engineer or landscape architect(to the extent that General Statute Chapter 89A allows). (D) Performance Guarantees shall be used only to complete required construction activities and shall not be used for repairs or maintenance activities. 101 NEW SECTION. Orange County, North Carolina—Unified Development Ordinance Page 6-161 Article 6: Development Standards 121 Section 6.22: Performance Guarantee Stand a rdse rforman ce Gurantee308F (E) For Additional Requ#er L- —Zoning Compliance Permits and Subdivisions, the following additional requirements shall apply: (1) Timing, coverage, duration, extension, legal responsibilities, and release of guarantees shall be in accordance with the provision of NCGS 160D-804.1 inclusive. (2) Guarantees shall not be released for a subdivision proposing development of a public road until a maintenance guarantee is posted consistent with Section 7.4.8 of this Ordinance. (F) Additional Reguke 4enAs For Stormwater Control Measures (SCMs), the following additional requirements shall apply: Timinn aqe, duration extension legal responsibilities and release of SCRA rr-h;," beO"r-r-cracco'i-dance with th f A CGS ? (1) All SCMs shall be conditioned on the posting of an SCM Performance bGndGuarantee for SCM construction and initial SCM maintenance as detailed herein.-310 (2) The SCM Performance Guarantee costG sl:estimates shall be sealed by a North Carolina registered professional engineer or landscape architect(to the extent that General Statute Chapter 89A allows) , North Carolina ronistered professional engineer or landscape arch'ten4 and shall include, but not be limfte o, the costs of the following items: (a) The value of all materials such as piping and other structures; (b) Seeding and soil stabilization; (c) Design and engineering; and (d) Grading, excavation, fill, etc. (3) The duration of the SCM Performance Guarantee shall initially be one year, unless the owning entity determines that the scope of work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one year from the date the bond is issued, unless the owning entity determines that the scope of work for the required improvements necessitates a longer duration. (4) The owning entity shall demonstrate reasonable, good-faith progress toward completing construction of the SCM that is secured by the SCM Performance Guarantee. If the SCM Performance Guarantee is likely to expire prior to construction of the SCM in conformance with the approved SMP, then the SCM Performance Guarantee shall be extended by the permit applicant(prior to expiration)for the duration necessary to complete construction of the SCM in conformance with the approved SMP. (5) The SCM shall be inspected by the Erosion Control Officer after the owning entity formally notifies the Erosion Control Officer that all SCM-related work has been completed. Prior to SCM inspection, the owning entity shall provide the following items to the Erosion Control Officer: (a) Draft plat(s)/deed(s)for any required SCM maintenance easement(s) or draft subdivision plat(s)/deed(s)that contain any required SCM maintenance easement(s), ready for filing/recording with the Orange County Register of Deeds. The draft plat(s)/deed(s) shall be reviewed 310 Existing regulations(Section 6.14.10 of the UDO) requires the posting of a Performance Guarantee covering the construction and initial operation of an SCM. Staff is merely taking existing requirements and proposing to move same into a central section on required 'Performance Guarantees'. Orange County, North Carolina—Unified Development Ordinance Page 6-162 Article 6: Development Standards 122 Section 6.22: Performance Guarantee Stand a rdse rforman ce Gurantee308F and approved bV the Erosion Control Officer prior to recordation bV the owning entity. (b) Draft SCM Operation and Maintenance Agreement (OMA), ready for filing/recording with the Orange County Register of Deeds. The draft OMA shall be reviewed and approved by the Erosion Control Officer prior to recordation by the owning entity. (c) SCM certification letter sealed bV a North Carolina registered professional engineer or landscape architect (to the extent that General Statute Chapter 89A allows), stating that the SCM is complete and consistent with the approved SMP. (d) SCM as-built drawing(s) sealed bV a North Carolina registered Professional Engineer or Landscape Architect (to the extent that General Statute Chapter 89A allows), stating that the SCM is complete and consistent with the approved SMP. (6) The SCM Performance Guarantee shall not be released fer--�A until the following requirements are met: (a) The SCM passes inspection by the Erosion Control Officer;.. (b) AnAn SCM Operation and Maintenance Agreement (OMA) in conformance with Section 6.14 of this Ordinance )-has been hi++owl reviewreviewed and /approved bV the Erosion Control Officer and subsequently, recorded bV the owning entity at the Orange County Register of Deeds; OR QeserdanEe with Sest;on 6.14 of +h,s ��344 The signed SCM maintenance easement-d by the Erosion Control nffiGor GRG8 the fnlloWinr. inf,rm afio (c) Thy . "eed(s)/plat(s), or subdivision deed(s)/plats(s) in conformance with Section 6.14 of this Ordinance have been reviewed/approved by the Erosion Control Officer and subsequently recorded bV the owning entity at the Orange County, related easements and s urvov Plat for the SCM roadv for fillinq with the Oranoo County Registerrar of Deeds; The SCM certification letter and the SCM as-built drawing(s), (d) sealed bV an engineer or landscape architect (to the extent that the General Statute Chapter 89A allows), have been reviewed/approved by the Erosion Control Officer;.- (e) The owning entity pays the required 5-year SCM inspection fee as described in Section 6.14.10(B)(6) of this Ordinance. A certification coaled by an^ cronninoorC�or landscape architect (te+ho extent that theen- General Statute, Chapter 89A,-89A, allow) statinq that the deem kin pond is complete and consistent with_i�+he_plans_and specifications. (7) If the SCM passes inspection and the Erosion Control Officer approves all of the required SCM documents as described in this Ordinance, then the Erosion Control Officer shallw+ll release up to 75% of the value of the SCM Performance Guarantee and shalkwa 14 issue a Certificate of Stormwater Compliance for the SCM, subject to approval of the Planning Director. If then eGt Passes oration and the F=FGSiGR QGRtrr,I Officer a onto the tiRg req Rtlo1 as detailed iR SeEtiOR G 9/I 1-0 of the i inn ExiStiRg requirement(s)as detailed in SeEtien c 1 n 1n(C) of the i inn Orange County, North Carolina—Unified Development Ordinance Page 6-163 Article 6: Development Standards 123 Section 6.22: Performance Guarantee Standardserformance Gurantee308F cer+ifica+ion door! nd n nn+& the a nlican+ &hall file the deed and 8a68MeRtS with the ()ran a CG Rty Register E)f D ('onro Deeds. The-E�oeien�-a+rml Officer shall authorize the release of p to 750% of the value of the performance guar_araa.ntee a�andd issue a \�a oo_ater/atershed�_d Protection CorniAm e Rerm'+for ie_9C A 343 (8) If SCM deficiencies are found during SCM inspection and/or the submitted SCM documents are considered by the Erosion Control Officer to be incomplete, then the Erosion Control Officer shall direct the owning entity that the necessary SCM improvements be made and/or documents corrected and resubmitted for approval. Upon completion, the SCM improvements shall be re-inspected by the Erosion Control Officer. If deficienGies a e foWnd the Gresion ('ontrol Officer shall direr•+that+he fer gal I Ipon n fi nlnon the im pots shall her 0RSj9eGtnd 334 (9) No sooner than one year after issuance of the Certificate of Stormwater Compliance for the SCM, the owning entity petition the Planning Director to release the remaining value of the SCM Performance Guarantee. Upon receipt of said petition, the Erosion Control Officer shall inspect the SCM to determine whether the SCM is performing as designed and intended. The Erosion Control Officer shall present the petition, the SCM inspection report, and recommendations to the Planning Director. (a) If the Planning Director accepts the petition and SCM inspection report, then the Erosion Control Officer shall release the remaining value of the SCM Performance Guarantee. If the Planning Director does not accept the petition and/or SCM inspection, then the Erosion Control Officer shall provide the owning entity with instructions to correct any SCM deficiencies necessary for the release of the remaining value of the SCM Performance Guarantee.8ne vear from the recordinn of the deed easements and maintenance a reement the applicant ma i petition for the release of the remaininn value of the performance n arantee Upon receipt of said petition the Erosion (control Officer shall in ect th SGIVI to determine whether the r•on+rels a erforminn as desinned and IRteRded. if they are, the rem n f,,nds shall beTeWFRed. ITrGtithe Cro&inn f`ontrol Officer W011 note idnn+ifnd deficiencies and require GOfre6tOE)R E))f same. QRGe n ple+ed the a nliGan+G request a fellow i 13 c+inn BID !B!g Orange County, North Carolina—Unified Development Ordinance Page 6-164 Article 7: Subdivisions 124 Section 7.4: Improvements and Performance Guarantees IMPROVEMENTSSection 7.4: • 7.4.1 Generally (A) Improvements proposed by the subdivider or required by this Ordinance, shall be constructed in accordance with the standards and requirements provided in this Ordinance. (B) In those instances where said improvements are required to be constructed subsequent to the approval of the Final Plat, plans and specifications for said improvements shall be approved by the appropriate agency and reference to said improvements shall be made part of the Final Plat. 7.4.2 Improvements Required (A) Subdividers are responsible for the construction, installation, and maintenance of required improvements in accordance with the standards in this Ordinance in addition to any applicable federal, state, or county standards to include, but not be limited to, the following: (1) All roads within the subdivision and improvements to existing roads required for safe and adequate access to the subdivision; (2) Road signs; (3) Water supply and wastewater systems, other than individual wells and septic tanks; (4) Drainage facilities and easements; (5) Stormwater management devices; (6) Erosion and sedimentation control devices; (7) Low-impact (passive) and active recreation amenities; (8) Fire suppression management facilities; (9) Common Open Space, Recreation or Landscape management improvements, areas, and facilities; and (10) Any other on- or off-site improvements required by this Ordinance or required at the time of preliminary plat approval. (B) If the subdivider records a plat for only a portion of the subdivision for which a preliminary plat was approved, the improvements required to be constructed, installed, and maintained in accordance with said recorded plat shall be those improvements that the Planning Director deems necessary to serve the lots shown on the recorded plat. 7.4.3 Completion of Improvements (A) The Planning Director shall not approve a final plat presented for recordation until: (1) All required improvements have been completed. (2) All legal documents shall be submitted, reviewed and approved by the Orange County Attorney, or (3) A perfe-maRGe guaran Performance Guarantee315 has been provided in accordance with the provisions detailed herein. (B) An improvement shall be deemed completed only after the appropriate public agency has certified that the improvement(s) has been installed in accordance with the approved 31s Consistent us of"Performance Guarantee". Orange County, North Carolina—Unified Development Ordinance Page 7-4 Article 7: Subdivisions 125 Section 7.4: Improvements and Performance Guarantees preliminary plat, the approved construction plan, and in accordance with applicable federal, state, and county regulations. (C) In lieu of certification from a public agency, the Planning Director is authorized to accept certification from the applicant's licensed professional engineer or licensed professional surveyor or other professional as authorized by the North Carolina General Statutes that the improvements have been installed in accordance with all applicable standards. 7.4.4 Performance Guarantees (A) In accordance with Section 2.27 of this Ordinance a Performance Guarantees shall be required for the purpose of ensuring that subdividers properly install all required subdivision improvements in a timely manner, in accordance with approved plats and construction plans. good Gause and with the approval of the previder of the guaar-aarRtee,,ggrua not eVtensions of the term with each s ch extensien net+e e ed o Re year. irreVE)Gable letter-of + + The f g�saran+ shall he de+erm per! by+he 6FG�ir-vrC-a ShtiS6FOv'rac`F.F.A'u'nrn�-� vmrvrgarnunree ubd0yirler �wvrv-racT (D) The performance guarantee shall be conditioned upon the performanGe of all work necessary to complete the required subdivision improvements within the time period specifier) at the time of preliminary plat or construction plan approval (E) The amount of the performance guarantee shall equal at least 0 of the estimated cost, including project management costs, of the required improvemeRts that have not been installed by the time of final plat submittal. es+ima+os shall he haler! OR inr+Us+nY ROFMS .d+hin Orange (`ouW (G) if a subdivider fails to properly install required improvemeRtS within the term of the guarantee, the guarantee will be deemed in default. in the Gase ef default, the County authorized to use the guarantee funds to complete the required subdivision . P r�rniements or to let a contract for installation of the required improvements .", r (14) QRce the conditions of the performance guarantee have been completer) to the satisfaction of the appropriate agencies and any required maintenance guarantee has been previded iR aGGGrdaRGG with the previsiens of this QrdiRaRGe, the g6laFaRtee shall he releaser! vc-rcrcavccr. provided, W) Once all of the required improvements have been at least 0 certified, the financial guarantee may be reduced by the ratie that the completed improvements bear to the total . . HeRts required. However, only one such reduction shall be permitted prior to releasing the entire performance g arantee 316 316 All Performance Guarantee requirements are now detailed in Section 2.27 of the UDO. Most of the language is referenced within NCGS 160A-372,which is also referenced within Section 2.27. The amendments are necessary to streamline requirements,avoid confusion,and avoid inconsistencies with State law. Orange County, North Carolina—Unified Development Ordinance Page 7-5 Article 7: Subdivisions 126 Section 7.4: Improvements and Performance Guarantees recently been inspected and certified as being compliant with federal, state, and local regulations. (D) Officers of the property owner's association shall review and sign the said document confirming the association's obligation in the perpetual maintenance of all improvements and facilities for which responsibility is being assumed. (E) Said document shall, upon execution, be recorded with the Orange County Register of Deeds, at the expense of the subdivider, as formal recognition that maintenance responsibilities have been assumed by the property owner's association. (F) The Planning Department shall not release the subdivider of maintenance responsibilities, or authorize the release of Performance Guarantees317, until this process is completed. 7.4.8 Maintenance Guarantees—Public Roads (A) Maintenance guarantees shall be required for the purpose of ensuring that roads that are to be dedicated to the public are properly maintained, free from defects, between the time of construction and the time of formal acceptance for maintenance by the North Carolina Department of Transportation. (B) A maintenance guarantee shall be in place before any required Performance Guarantee318 is released or before any building permits are issued for subdivisions containing public road improvements. (C) Maintenance guarantees for public road facilities shall stipulate that the subdivider will maintain all required public road improvements, drainage improvements, and sedimentation and erosion control improvements to the standards of this Ordinance until the public road improvements are added to the state-maintained road system. The guarantee shall also state that the subdivider will be responsible for correcting any defects that may arise during the maintenance period and shall remove temporary sedimentation and erosion control measures. (D) Maintenance guarantees shall be in the form of a performance bsndguarantee meeting the requirements of Section 2.27 of this Ordinance., irre„ooahle letter of nredi+ OF Gash esnrew a IRt and shall oopform +o the follo.inn• ( The amount of the guarantee shall be at le_Qo+ Ioast 15 /.. of the total cost of constructing the public road improvements (excluding the costs of clearing and Fough mad+ng)-. by the applicant's licensed professional ennneer nr lice.ensed professional for if the surveyer s the original preparer of the plans for+he uhd' "s cam' 'nviT subdivisions,(3) in the P-ase of miner for l,-inensed professionals mayprovide the itemized nest estimate (4) Gest estim-ates-rRust be basedOR iRd'v'StFY Rerms withiR Grange *. (5) The PlaRRORg DireGtE)F OF PlaRRORg Beard may require a higher guaraRtee amount MAP-R deemed ReGessary to address higheF p9teRtial correction costs due to the hdivision's nd site characteristics but in no event may the amp unt evneed 'CFO% of estimated c nstr,,n+inn nsts (E) The guarantee shall have a term of two years and shall provide an option for annual renewal if the subdivider has: 0) Arranged for County inspection of the improvements, \,� Tur'9��v�r�' Sp 317 Consistent use of"Performance Guarantee". 118 Consistent use of"Performance Guarantee". Orange County, North Carolina—Unified Development Ordinance Page 7-7 Article 7: Subdivisions 127 Section 7.5: Subdivision Agreements y deterioration or defeGts diSGOVered by the iR eGti n R d (3) Increased the a Rt of the security by the a Rt of said estimate. (€)JE The subdivider shall pay a fee in accordance with the Fee Schedule adopted by the Board of County Commissioners at the time of the initial posting of the guarantee and for each subsequent renewal or extension to cover the County's administrative costs. SUBDIVISIONSection 7.5: (A) The subdivider of all minor and major subdivisions shall record a subdivision agreement outlining the limitations associated with the development of created lots at the Orange County Register of Deeds at the same time the Final Plat is recorded. (B) The purpose of the subdivision agreement is to provide detail on various development limitations that will regulate the overall development of property consistent with the approval of the subdivision. (C) This subdivision agreement shall, at a minimum, outline the following development criteria for property within the subdivision: (1) Required development setbacks for lots within the project, (2) Impervious surface limits for the lots within the development, (3) The presence of identified environmental features (i.e. stream buffers, flood plain, wetlands, etc) and an explanation on how development of the lot(s) is impacted, (4) The presence of identified cultural features listed by the North Carolina Heritage Program, or identified in "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County" or"Inventory of the Natural Areas and Wildlife Habitats of Orange County, North Carolina", (5) Identification of soil and septic limitations, if any, for each lot, (6) Access restrictions for the project and individual lots, (7) Limitations on land uses, (8) Maintenance requirements for all roadways as well as references to the project's road maintenance agreement, if required, and (9) Maintenance requirements for all Common Open Space areas. Section . STANDARDS The avoidance of congestion and overcrowding and the creation of conditions essential to public health, safety and the general welfare may be best accomplished through the application of design standards providing for the distribution of population and traffic, safe and coordinated street systems, approved water supply and sewage disposal systems, usable lots and conformance to plans for Orange County as recommended by the Planning Board and adopted by the Board of Commissioners. The following general requirements and principles of land subdivision shall be observed: 7.6.1 Minimum Lot Size (A) All lots shall contain the minimum lot area required by Article 3 of this Ordinance and shall comply with all applicable development standards. (B) Any lot which provides an easement for individual septic disposal for use by a separate lot or deed shall conform with NC DHHS DPH Innovative Waste Water System Approval IWWS 2016-01. Orange County, North Carolina—Unified Development Ordinance Page 7-8 Article 7: Subdivisions 128 Section 7.6: General Design Standards 7.6.2 Residential Density The allowable density on a given parcel of property proposed for subdivision shall comply with the residential maximum density requirements in Section 4.2.4. 7.6.3 Land Suitability (A) In reviewing subdivision proposals, the Planning Department and Planning Board shall consider the overall design of the subdivision with the suitability of the land for development to ensure that the platting and development of the subdivision will not create a danger to the health, safety, and welfare of Orange County residents. (B) Land suitability shall be determined by an investigation of conditions including but not limited to flood prone areas, soil drainage, drainage patterns, slope, historic sites, maximum anticipated levels of land disturbance for the project and all proposed individual lots, and unique natural areas. The investigations shall be carried out by the Planning Board, the Planning Department, or other agencies or individuals having the appropriate technical expertise. (C) Special Flood Hazard Areas shall be considered during the review process. (D) Soils shall be evaluated for suitability or provisional suitability for septic tanks according to guidelines established in the Laws and Rules for Ground Absorption Sewage Disposal Systems, incorporated herein by reference. (1) Each lot that does not contain a suitable building site shall be designated on the plat as being of restricted development potential and by instrument recorded in the Orange County registry as specifically prescribed by Section 7.14.3(E)(1) of this Ordinance. (E) Drainage (1) Soil suitability, including slope and drainage, shall also be evaluated according to soil characteristics indicated by the Orange County Soil Survey and topography indicated by the U.S. Geological Topographic Maps. (2) Each lot shall contain a suitable building area safe from inundation and erosion. (3) Sanitary sewer systems, septic tank drainfields, water systems, wells, and adjacent properties shall be protected from inundation by surface water. (4) Roads, driveways and utilities shall be protected from damage caused by improper stormwater management. (5) Mechanical devices, drainage easements, natural buffers, large lots, and/or other technical means may be used to achieve these drainage objectives. Natural drainageways are a preferred means of stormwater run-off319 removal. The characteristics (including capacity)of natural drainageways shall be protected. (6) Runoff levels from the 25-year storm after the site is developed shall not be greater than the rate of runoff on the same site in its natural state. (7) In cases where anticipated land disturbance for the subdivision and the proposed lots will cumulatively exceed established thresholds denoted within Section 6.14.5 of this Ordinance, a formal st r,,,water, aRa emeRt pla- Stormwater Management Plan (SMP)320 shall be required as part of the application submittal. (F) Resource Protection (1) Applications for subdivision shall be evaluated by the Planning Department and Planning Board for potential impairment of habitat of rare and endangered species or unique natural areas. 31s Consistent use of"stormwater runoff'. 321 Consistent use of"Stormwater Management Plan (SMP)". Orange County, North Carolina—Unified Development Ordinance Page 7-9 Article 7: Subdivisions 129 Section 7.9: Reservation of Space for Utilities (e) To verify that the required road sign is in place. (6) The subdivider is responsible for supervising construction and for quality control inspections for clearing and grubbing of the right-of-way, compaction of fill, construction materials, and so forth. (7) The subdivider or representative should employ a qualified grading contractor (and supervisor if necessary) to ensure that the road is in the correct location and that acceptable methods and materials are used. (8) Bonds or letters of creditin accordance with Section 2.27 of this Ordinance, Performance Guarantees321 cannot be released or reduced until completion of the road is certified. Arrangements for payment between the subdivider and contractor are not the responsibility of Orange County. 7.8.6 Alleys (A) Alleys shall be required for lots used for commercial and industrial purposes except that this requirement may be waived where other definite and ensured provision is made for service access. (B) Alleys shall not be provided in residential subdivisions unless necessitated by unusual circumstances. (C) The width of an alley shall be adequate for the purpose which it serves. (D) Dead end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn around facilities at the dead end as may be recommended by the Planning Board and approved by the Board of County Commissioners. Section ■: RESERVATION OF • 7.9.1 Easements Required (A) Where several utilities are available or can be anticipated to serve a subdivision according to utility extension plans, utility easements, setbacks or other methods of providing services may be required for service in that subdivision. (B) Except where utilities may be located in approved alleys, easements, setbacks, or other methods, not less than six feet in width may be required on each side of rear and side lot lines. (C) Utility easements, setbacks, or other methods may be required along said lot lines or across lots for the extension of existing or planned utilities such as poles, wires, conduits, storm or sanitary sewers, water lines, and/or gas lines. 7.9.2 Subdivisions in Transition Areas Subdivisions located within Transition areas, as designated in the adopted Comprehensive Plan and the Joint Planning Area Land Use Plan, which are to be served by individual wells and septic tanks, may be required to dedicate water and sewer easements if the provision of such easements is necessary to provide for future extension of utilities within the Transition Area in an orderly and efficient manner. 7.9.3 Terms and Conditions of Easements (A) It is not the intent of this section that the terms of any easement or way required by this Section be dictated by Orange County. (B) Any such terms and conditions may be negotiated between the subdivider/landowner and the utility company. Provided, however, that where utilities are required for subdivision approval, the Planning Department and/or Planning Board shall require an instrument 121 Reference to NEW SECTION. Orange County, North Carolina—Unified Development Ordinance Page 7-29 Article 8: Nonconformities 130 Section 8.3: Completion of Non-Conforming Projects (1) All expenditures made pursuant to a validly issued and unrevoked building, zoning, special use, or soil eFGSi9R- edime tatien GGRtF l p motLand-Disturbing Permit(LDP)322 shall be considered as evidence of reasonable reliance on the conditions that existed before this Ordinance, or modification thereto, became effective. (2) Except as provided in subsection (1) above, no expenditures made more than 180 days before the effective date of this Ordinance, or modification thereto, shall be considered as evidence of reasonable reliance on the conditions that existed before this Ordinance, or modification thereto, became effective. An expenditure is made at the time there is a binding obligation to make that expenditure. (3) To the extent that expenditures are recoverable with a reasonable effort, a party shall not be considered prejudiced by having made those expenditures. For example, a party shall not be considered prejudiced by having made some expenditure to acquire a potential development site if the property obtained is approximately as valuable under the new classification as it was under the old, for the expenditure can be recovered by a resale of the property. (4) An expenditure shall be considered substantial if it is significant both in dollar amount and in terms of (a) The total estimated cost of the proposed project, and (b) The ordinary business practices of the developer. (5) A developer shall be considered to have acted in good faith if actual knowledge of a proposed change in the land use law affecting the proposed development site could not be attributed to the developer. (6) Even though a developer had actual knowledge of a proposed change in the land use law affecting a development site, the County may still find that the developer acted in good faith if they did not proceed with the plans in a deliberate attempt to circumvent the effects of the proposed ordinance. The county may find that the developer did not proceed in an attempt to undermine the proposed ordinance if it determines that (i) at the time the expenditures were made, either there was considerable doubt about whether any ordinance would ultimately be passed, or it was clear that the proposed ordinance would prohibit the intended development, and (ii)the developer had legitimate business reasons for making expenditures. (7) The Planning Director shall not consider any application for the permit authorized by subsection (2) above that is submitted more than 60 days after the effective date of this Ordinance, or modification thereto. The Planning Director may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one year. (8) The Planning Director shall send copies of this section to the persons listed as owners for tax purposes (and developers, if different from the owners)of all properties in regard to which permits have been issued for non-conforming projects or in regard to which a non-conforming project is otherwise known to be in some stage of development. This notice shall be sent by certified mail not less than 15 days before the effective date of this Ordinance, or modification thereto. (9) The Planning Director shall establish expedited procedures for hearing applications for permits under this section. These applications shall be heard, whenever possible, before the effective date of this Ordinance, or modification thereto. 322 Correct reference to"Land Disturbing Permit(LDP)". Orange County, North Carolina—Unified Development Ordinance Page 8-2 131 ARTICLE 9: ENFORCEMENT Section . .11: INTENT This Article provides for the methods of notification and penalties involved in enforcement of this Ordinance. Whenever possible, it is desirable to gain voluntary compliance with the provisions of this Ordinance without the necessity of pursuing formal enforcement measures. Section 92: VIOLATIONS 9.2.1 Violations Specifically Unless lawfully exempted, the following uses or actions shall be considered a violation: (A) To use land or buildings inconsistent with the requirements of this Ordinance; (B) To erect a building or structure inconsistent with the requirements of this Ordinance; (C) To develop or subdivide land inconsistent with the standards of this Ordinance; (D) To subdivide, transfer, or sell land by reference to a subdivision plat prior to plat approval and recordation as provided in Articles 2 and 7 . The description of metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from this Ordinance; (E) To record a plat of any subdivision prior to approval of the plat as provided in Article 2; (F) To install or use a sign inconsistent with the requirements of Section 6.12; (G) To engage in the use of a building or land, the use or installation of a sign, the subdivision or development of land, or any other activity requiring one or more permits or approvals under this Ordinance without obtaining all required permits or approvals; (H) To engage in the use of a building or land, the use or installation of a sign, the subdivision or development of land or any other activity requiring one or more permits under this Ordinance in any way inconsistent with any permit or approval and/or any conditions imposed; (1) To engage in new development activities without an approved =;vsroer^sm and sedo a t—At'A., r`entr„., PlaRErosion and Sedimentation Control Plan323 and/or Stormwater Management Plan (SMP); W) To violate the terms of any permit or approval granted under this Ordinance or any condition imposed on such permit or approval including, but not limited to, Special Use Permits; (K) To obscure, obstruct or destroy any notice required to be posted or otherwise given under this Ordinance; (L) To violate any lawful order issued under this Ordinance; or (M) To continue any violation of this Ordinance. Section • 3: VIOLATORS 9.3.1 Specifically The following shall be considered violators of the Ordinance and subject to enforcement: 323"Erosion Control Plan" replaced with "Erosion and Sedimentation Control Plan" as defined in 15A NCAC 02H.1002 (Definitions)—NOTE. "Erosion and Sedimentation Control Plan"is integrated through the remainder of Article 9, where applicable. Orange County, North Carolina—Unified Development Ordinance Page 9-1 Article 9: Enforcement 132 Section 9.7:Additional Procedures—Special Flood Hazard Area •MMM:16161211111 9.7.1 Actions in Event of Violation (A) Identified violations of the Special Flood Hazard Area shall be sent a Notice of Violation. The Notice shall detail the nature of the violation and schedule a hearing with the Floodplain Administrator to review the situation. (B) This hearing shall be held before the Floodplain Administrator at a designated place and time, not later than ten business days after the date of the Notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter. (C) Following the hearing, the Floodplain Administrator may issue such order to alter, vacate, or demolish the structure; or to remove fill as appears appropriate. 9.7.2 Order to Take Corrective Action (A) If, upon a hearing held pursuant to the notice prescribed above, the Floodplain Administrator shall find that the structure or development is in violation of this Ordinance, he or she shall make an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 days. (B) Where the Floodplain Administrator finds that there is imminent danger to life or other property, he or she may order that corrective action be taken in such lesser period as may be feasible. (C) In the absence of an appeal (see Section 2.27.7), the order of the Floodplain Administrator shall be final. 9.7.3 Failure to Comply with Order If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the governing body following an appeal, the owner shall be guilty of a Class 1 misdemeanor pursuant to NC G.S. § 143-215.58 and shall be punished at the discretion of the court. Section • :: EROSION AND SEDIMENTATION • • 9.8.1 Inspections and Investigations (A) Site Inspections Agents, officials, or other qualified Ppersons authorized by the County will periodically inspect land-disturbing activities to ensure: (1) 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; (2) The measures required in the plan are effective in controlling erosion and sediment resulting from land-disturbiR. tiVityLand-Disturbing Activity. Notice of the right to inspect shall be included in the letter of approval of each €resier► er smen and sed' GRtat,„n G0RtFGI Erosion and Sedimentation Control Plan. (B) Authority to Enter Property and Conduct Investigations and Inspections 121 Title of Section 9.8 revised so as to match the naming conventions of other section titles related to"Erosion and Sedimentation Control Plans"as defined in 15A NCAC 02H.1002(Definitions). Orange County, North Carolina—Unified Development Ordinance Page 9-8 Article 9: Enforcement 133 Section 9.8: Soil Erosion and Sedimentation Contro1323F (1) No Personperson shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of Orange County, while that Personpersen is inspecting or attempting to inspect a land disturbing acti„it„Land-Disturbing Activity under this section. (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 who presents appropriate credentialsand325 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 land-disturbing activities. (3) No Personpersse 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 Personpers_ r 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 perseR-Person engaged in ' Land- Disturbing Activity 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 personPerson. (2) The notice may be served by any means authorized under N.C.G.S. 1A-1, Rrule 4. (3) The notice shall specify a date by which the person Person must comply with the Act, or this Ordinance or rules, or orders adopted pursuant to this Ordinance, and inform the person-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 failure to submit an Erno'enerecinn and sedimentation Control DlonErosion and Sedimentation Control Plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out their official duties. (5) Any person Person who fails to comply within the time specified is subject to the civil and criminal penalties provided in this Ordinance. (6) In the a sePViGe net he o nliohed by registered OF ertified moil it may he o relished in vided in rule (4)j of the No !'`arelino Rules of Gi„il ore,.edure.1f the Person engaged in the Land-Disturbing Activity has not received a previous notice of violation pursuant to this Ordinance, the Erosion Control Officer shall offer assistance in developing corrective measures. Assistance may be provided by referral to a technical assistance program on behalf of Orange County, referral to a cooperative extension program, or by the provision of written materials such as Orange County guidance documents. The notice of violation may be served in the manner prescribed for service of process by N.C.G.S. 1A-1, Rule 4, and shall include information on how to obtain assistance in developing corrective measures.325 (D) Authority to Require Statements (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 land-disturbing activities. (E) Authority to Revoke Land Disturbing Permits 311 This section has been revised to comply with the state's current E&SC Model Ordinance. Sze This section has been revised to comply with the state's current E&SC Model Ordinance. Orange County, North Carolina—Unified Development Ordinance Page 9-9 Article 9: Enforcement 134 Section 9.8: Soil Erosion and Sedimentation Contro1323F (1) The Erosion Control Officer shall have the authority to revoke Land Disturbing Permits issued by the Erosion Control Division as provided for within this Ordinance. (F) Stop Work Orders (1) Whenever any peFseR-Personis violating the sojL327erosion and sedimentation control 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 Erosion o ;—sedimentation Control Plan Erosion and Sedimentation Control 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&GH-328erosion and sedimentation control provisions of this Ordinance. (3) Notice of the stop work order shall be in writing, directed to the person Personconducting the land disturbing acti„ityLand-Disturbing Activity 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. In the event service cannot be accomplished by registered or certified mail, it may be accomplished in any manner provided in rule 40) of the North Carolina Rules of Civil Procedure. (G) Self-Inspection & Report Procedures321 (1) The landowner, the finanGiall„respensible oar+"Financially Responsible Party, or their duly appointed agent shall perform an inspection of the area covered by the plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with North Carolina General StatuteN.S-G.S 113A-57(2). (2) In addition, weekly and rain-event self-inspections are required by federal regulations that are implemented through the most current version of the NPDES Construction General Permit No. NCG 010000. Note that NPDES stabilization requirements may be more restrictive than the minimum state requirements. ML3LThe perse+- Person who performs the inspection shall maintain and make available a record of the inspection at the site of the land disturbing aGt,vat„Land- Disturbing Activity. M(4) The record shall set out any significant deviation from the approved eresieR and sedornontr t, n GGRtr„l plaRErosion and Sedimentation Control Plan, identify any measures that may be required to correct the deviation, and document the completion of those measures. (4)(5) The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control planErosion and Sedimentation Control Plan. (6) The inspections required by this subsection shall be in addition to inspections required by N.C.G.S.�S. 113A-61.1. (7) Where inspections are required by Section 9.8.1(G) of this Ordinance, or N.C.G.S. 11 3A-54.1(e), the following apply: 3"Deleted "soil". 311 Deleted "soil". 311 This section has been revised to comply with the state's current E&SC Model Ordinance. Orange County, North Carolina—Unified Development Ordinance Page 9-10 Article 9: Enforcement 135 Section 9.8: Soil Erosion and Sedimentation Control323F (a) The inspection shall be performed during or after each of the following phases of the plan: (i) Initial installation of erosion and sedimentation control measures; (ii) Clearing and grubbing of existing ground cover; (iii) Completion of any grading that requires ground cover; (iv) Completion of all Land-Disturbing Activity, construction, or development, including permanent ground cover establishment and removal of all temporary measures, and; (v) Transfer of ownership or control of the tract of land where the Erosion and Sedimentation Control Plan has been approved and work has begun. The new owner or Person in control shall conduct and document inspections until the protect is permanently stabilized. (b) Documentation of self-inspections performed under Section 9.8.1(G)of this Ordinance shall include: (i) Visual verification of ground stabilization and other erosion control measures and practices as called for in the approved Erosion and Sedimentation Control Plan; (ii) Verification by measurement of settling basins, temporary construction entrances, energy dissipaters, and traps; (iii) The name, address, organization affiliation, telephone number, and signature of the Person conducting the inspection and the date of the inspection shall be included, whether on a copy of the approved Erosion and Sedimentation Control Plan or an inspection report. A template for an example of an inspection and monitoring report is provided on the North Carolina Division of Energy, Minerals, and Land Resources website. Any relevant licenses and certifications may also be included. Any documentation of inspections that occur on a copy of the approved Erosion and Sedimentation Control Plan shall occur on a single copy of the plan and that plan shall be made available at the site; (-5)(iv) A record of any significant deviation from any erosion or sedimentation control measure from that on the approved Erosion and Sedimentation Control Plan. For the purpose of this subsection, a "significant deviation" means an omission, alteration, or relocation of an erosion or sedimentation control measure that prevents it from performing as intended. The record shall include measures required to correct the significant deviation, along with documentation of when those measures were taken. Deviations from the approved Erosion and Sedimentation Control Plan may also be recommended to enhance the intended performance of the sedimentation or erosion control measures. 9.8.2 Penalties (A) Civil Penalties (1) Assessment of Penalties Orange County, North Carolina—Unified Development Ordinance Page 9-11 Article 9: Enforcement 136 Section 9.8: Soil Erosion and Sedimentation Contro1323F (a) Any peKse+-> Person who violates any of the so+-330erosion and sedimentation control provisions of this Ordinance or rules or orders adopted or issued pursuant to these regulations, or who initiates or continues a land disturbing actiyityLand-Disturbing Activity for which an Erosion o -n.t c;Pd4mont;;t4An r„ntrel olan Erosion and Sedimentation Control Plan is required except in accordance with the terms, conditions, and provisions of an approved plan, 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 an Erosion oros'on and sedo eRtatmon GGRtrol olaRErosion and Sedimentation Control 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. W(f) When the Person has not been assessed any civil penalty under this subsection for any previous violation, and that person abated continuing environmental damage resulting from the violation within 180 days from the date of the notice of violation, the maximum cumulative total civil penalty assessed under this subsection for all violations associated with the Land-Disturbing Activity for which the Erosion and Sedimentation Control Plan is required is twenty-five thousand dollars ($25,000).331 (2) Notice of Civil Penalty Assessment and Demand for Payment of Penalty332 (a) The governing body shall notify the noror)n who *s or! the rival penalty of the -amo ant of the penalty tho r . f„r.,6363o6363,ng then alty provide notice of the civil Penalty amount and basis for assessment to the Person assessed. (b) The notice of assessment shall be served by any means authorized under Section 9.8.1 of this Ordinance, and shall direct the violator to either pay the assessment_-er--contest the assessment,within 30 days after the receipt of the notice of assessment, by filing a petition for a hearing, or file a request with the governing bodV for remission of the assessment within 60 days of receipt of the notice of assessment. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the North Carolina General Statutes and a stipulation of the facts on which the assessment was based.`A.Wtton demand for a hearing. 333 (c) If payment is not received within 30 days after demand for payment is made, the County or town if applicable the Board of County Commissioners may institute a civil action to recover the amount of the assessment. (d) The civil action may be brought in the Superior Court of the county where the violation occurred, or in the county where the violator's residence or principal place of business is located. 33'Deleted "soil". 331 This section has been revised to comply with the state's current E&SC Model Ordinance. 332 This section title has been merged with the title of a redundant section which has now been eliminated. 333 This section has been revised to comply with the state's current E&SC Model Ordinance. Orange County, North Carolina-Unified Development Ordinance Page 9-12 Article 9: Enforcement 137 Section 9.8: Soil Erosion and Sedimentation Control323F (e) Such civil actions must be filed within three years of the date the assessment was due. (f) An assessment that is not contested and a remission that is not requested334 is due when the violator is served with a notice of assessment. (g) An assessment that is contested and a remission that is not requested335 is due at the conclusion of the administrative and judicial review of the assessment. (3) Civil Penalty Assessment Factors (a) The governing body_of the (Git y) (f, WR) (,.OURt„` shall determine the amount of the civil penalty based upon the following factors: (i) The degree and extent of harm caused by the violation, (ii) The cost of rectifying the damage, (iii) The amount of money the violator saved by noncompliance, (iv) Whether the violation was committed willfully, and (v) The prior record of the violator in complying of failing to comply with soiP36erosion and sedimentation control provisions in this Ordinance. (4) Notice of Civil Penalty Assessment (a) The governing body of the (city), (town), (co my shall provide notice of the civil penalty amount and basis for assessment to the Personper-& r assessed. (b) The notice of assessment shall be served by any means authorized under N.C.G.S. 1A-1, Rule 4, and shall direct the violator to either pay the assessment or contest the assessment, within 30 days after receipt of the notice of assessment, by written demand for a hearing. (5) Hearing (a) A hearing on a civil penalty shall be conducted by the appropriate local agency, within 15 days after the date of the written demand for the hearing. (b) The agency conducting the hearing shall make its recommendation to the governing body of the (Gity, (f, WR) (GG unty), within 15 days after the date of the hearing. (6) Final Decision (a) The governing body shall render its final decision on the civil penalty within 15 days of the receipt of the recommendation from the agency. (7) Appeal of Final Decision337 (a) See Section 2.26.11 of this Ordinance. M(8) Credit of Civil Penalties' 3sa This section has been revised to comply with the state's current E&SC Model Ordinance. ass This section has been revised to comply with the state's current E&SC Model Ordinance. 3s6 Deleted "soil". 33'Added this section to comply with the state's current E&SC Model Ordinance. The relevant section describing the process for an appeal of a final decision on a civil penalty is located in a disconnected section of the UDO(i.e. Section 2.26.11). ass This section has been revised to comply with the state's current E&SC Model Ordinance. Orange County, North Carolina—Unified Development Ordinance Page 9-13 Article 9: Enforcement 138 Section 9.8: Soil Erosion and Sedimentation Control323F (a) Civil penalties collected pursuant to this Section of the Ordinance shall be credited to the Civil Penalty and Forfeiture Fund in accordance with N.C.G.S. 115C-457.2. (b) Penalties collected by Orange County may be diminished only by the actual costs of collection. The collection cost percentage to be used shall be established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the computation of actual collection costs by Orange County for the prior fiscal year. (9) Remission of Civil Penalties"' (a) -A request for remission of a civil penalty imposed under N.C.G.S. 113A- 64 may be filed with the governing body within 30 days of receipt of the notice of assessment. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the General Statutes and a stipulation of the facts on which the assessment was based. The following factors shall be considered in determining whether a civil penalty remission request will be approved: (i) Whether one or more of the civil penalty assessment factors in N.C.G.S. 113A-64(a)(3)were wrongly applied to the detriment of the petitioner. (ii) Whether the petitioner promptly abated continuing environmental damage resulting from the violation. (iii) Whether the violation was inadvertent or a result of an accident. (iv) Whether the petitioner had been assessed civil penalties for any previous violations. (v) Whether payment of the civil penalty will prevent payment for necessary remedial actions or would otherwise create a significant financial hardship. {a4j(vi) The assessed property tax valuation of the petitioner's property upon which the violation occurred, excluding the value of any structures located on the property. (B) Criminal Penalties Any persGR Person who knowingly or willingly violates any provision of this Ordinance, or rule or order adopted or issued by the North Carolina Sedimentation Control Commission or a local government, aRY e11 ns�any ser,imen+�+;,,., Gen+rel n of+his QrrlinonGe o rule o order adopted o issued pursuant+e these r ulo+ions or who knowingly or willfully initiates or continues a land disc urbiRg +i",+„Land-Disturbing I=a;,d Ilis�t urb0nn n+iy#y Erosion and Sedimentation Control ctivity �� „«/A �P or which an Erosion and Sedimentation Control Plan is required except in accordance with the terms, conditions, and provisions of an approved Erosion and Sedimentation Control Plan,plao shall be guilty of a Class 2 misdemeanor punishable by imprisonment not to evoeed 90 days er bye fine po++o e eed $ti 000 or by be+h at the dicnre+ien of the sew which may include a fine not to exceed $5,000 as provided in N.C.G.S. 113A-64. 9.8.3 Injunctive Relief (A) Civil Action in Superior Court 331 Added this section to comply with the state's current E&SC Model Ordinance. Orange County, North Carolina—Unified Development Ordinance Page 9-14 Article 9: Enforcement 139 Section 9.8: Soil Erosion and Sedimentation Contro1323F (1) Whenever the geverniRg body of the Town or G Y.H „Board of County Commissioners has reasonable cause to believe that any person Person is violating or threatening to violate the soiLerosion and sedimentation control provisions of this Ordinance or any rule or order adopted or issued pursuant to these regulations, or any term, condition, or provision of an approved Erosion and sedmmeRtat;^ GeRtr^1 of^.,Erosion and Sedimentation Control Plan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of Orange County, the town OF ^„n+„for injunctive relief to restrain the violation or threatened violation. (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 so+L341erosion and sedimentation control provisions of this Ordinance. 9.8.4 Restoration of Areas Affected by Failure to Comply (A) The GountyOrange County may require a person-Person who is engaged in a land disturbing +„a+„Land-Disturbinq 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 Person conducting a land-disturbing aGtiv,+„Land-Disturbing Activity is not complying with the_eii342 erosion and sedimentation control provisions of this Ordinance, the Land Disturbing Permit, the AppFeved EFE) ^^ approved eN&kmn, a sedimentation Control Plan Erosion and Sedimentation Control Plan or any amendments to the -resion and sedimentation Control olanErosion and Sedimentation 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-Person conducting the laps-diswrhipg ^^+„a+"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 a)of the North Carolina Rules of Civil Procedure. (C) Upon receipt of the Revocation Notice, the person-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-343erosion 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. 14'Deleted "soil". 342 Deleted "soil". 343 Deleted "soil". Orange County, North Carolina—Unified Development Ordinance Page 9-15 Article 9: Enforcement 140 Section 9.9: Stormwater Management (E) Resumption of land disturbing activities other than those necessary to bring the site back into compliance with the sei-344erosion 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 Person conducting the land disturbing activit„Land-Disturbing Activity may appeal the revocation of a Land Disturbing Permit following procedures set out in Section 2 27 2.2.7of this Ordinance. Section . . STORMWATER 9.9.1 Inspections and Investigations (A) Site Inspections (1) Agents, officials, or other qualified persons authorized by the-Orange County345 will periodically inspect on-site Stormwater Control Measures+ rmwator cGentrel " eo (SCMs) and illegal discharges to ensure: (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 Pplan SMP 346 being constructed in accordance with the approved planSMP. (c) The permanent 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 DIanS'MP. (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 SCM. (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 SCM. (3) No person shall refuse entry or access to any authorized representative or agent of the-Orange County347 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 344 Deleted "soil". 34s Consistent reference to"Orange County". 141 Consistent use of"Stormwater Management Plan (SMP)". 341 Consistent reference to"Orange County". Orange County, North Carolina—Unified Development Ordinance Page 9-16 Article 9: Enforcement 141 Section 9.9: Stormwater Management (1) If it is determined that a person responsible for construction or maintenance of any permanent on-site SCM, 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 (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 Ster..,water MaRa ement WaaSMP, 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 sterW,water m eRt "Land-Disturbing Actiyity348 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 341 Correct reference to"Land-Disturbing Activity'. Orange County, North Carolina—Unified Development Ordinance Page 9-17 Article 9: Enforcement 142 Section 9.9: Stormwater Management (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 stormwater control moan ,.o (SCM)or fails to conduct required maintenance on any permanent on-site SCM, 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 St rrr,water Management Planan SMP 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. (b) The notice of assessment shall be served by any means authorized under Section 9.9.1 of this Ordinance, and shall direct the violator to either pay the assessment or contest the assessment, within 30 days after the receipt of the notice of assessment, by written demand for a hearing. (c) If payment is not received within 30 days after demand for payment is made, the Erosion Control Officer may institute a civil action to recover the amount of the assessment. (d) The civil action may be brought in the Superior Court of the county where the violation occurred, or in the county where the violator's residence or principal place of business is located. (e) Such civil actions must be filed within three years of the date the assessment was due. (f) An assessment that is not contested is due when the violator is served with a notice of assessment. (g) An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. (3) Credit of Civil Penalties (a) Civil penalties collected pursuant to this Section of the Ordinance shall be credited to the Orange County general fund as nontax revenue. (B) Criminal Penalties Any person who knowingly or willingly violates any stormwater management provision of this Ordinance or rule or order adopted or issued pursuant to these regulations, or who knowingly or willfully initiates or continues a developmeRt aGtiVit Land-Disturbing Activity349 for which a St rmwater Management Planan SMP is required except in accordance with the terms, conditions, and provisions of an approved plan shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,000, or by both, at the discretion of the court. 349 Correct reference to"Land-Disturbing Activity'. Orange County, North Carolina—Unified Development Ordinance Page 9-18 Article 9: Enforcement 143 Section 9.9: Stormwater Management 9.9.3 Injunctive Relief (A) Civil Action in Superior Court (1) Whenever the Board of County Commissioners has reasonable cause to believe that any person is violating or threatening to violate the stormwater management provisions of this Ordinance or any rule or order adopted or issued pursuant to these regulations, or any term, condition, or provision of an approved Sto mooater Management DlanS'MP, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the county for injunctive relief to restrain the violation or threatened violation. (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 stormwater management provisions of this Ordinance. Orange County, North Carolina—Unified Development Ordinance Page 9-19 Index 144 This elevation, when combined with the areas (e.g. roads, parking lots, paths), recreation "Freeboard" establishes the "Regulatory Flood facilities (e.g. tennis courts) etc. (Note: Wooden Protection" elevation. slatted decks and the water area of a swimming pool are considered pervious.) Basement Any area of the building having its floor sub Building Wall grade (below ground level) on all sides. Any vertical surface of a building or structure (other than a pitched roof)that is integral to and Biosolids could reasonably be constructed as part of the Solid, semi-solid, or liquid residue (sewage architecture of the building when a sign(s) are sludge) generated during primary, secondary or not being contemplated. Examples of building advanced wastewater treatment processes of walls include but are not limited to: awnings, domestic sewage that is treated to state and/or canopies, marquees, the vertical portion of gable federal standards for beneficial use (such as roofs, parapets, mechanical penthouses, etc. land application as fertilizer). Camp Buffer A recreation use which may include locations for A screening device used to moderate the tents, cabins, or other recreational sleeping adverse impacts of one land use upon another. structures, but would not include mobile homes Buffers may include walls, hedges, landscaped or recreational vehicles. A camp may be owned areas, berms, additional setbacks, or by a profit or not-for-profit corporation. combinations of the above. Canal Buffer, Stormwater See "Ditch." A natural or vegetated area through which stormwater runoff flows in a diffuse manner so Canopy, Service Station that the runoff does not become channelized A structure made of metal, aluminum, or other and which provides for infiltration of the runoff material intended to be free standing or affixed and filtering of pollutants. to a building that serves as an overhang intended to shield persons from the elements Building Definitions while using the service station. (See Structure, Structural Alterations, Mobile Home, Recreational Vehicle.) Certificate of Stormwater Compliance350 Building Height A document of record noting the approval for The vertical distance measured from the mean development activities regulated by Section 6.14 elevation of the proposed or completed finished of this Ordinance. grade at the front of the building to the highest point of the roof for flat roofs, to the deck lines of Center in a Residence mansard roofs, and to the mean height between Use type located within a residence offering eaves and ridge for gable, hip and gambrel temporary care to clients, including children, roofs. adolescents, and adults, for no more than eight hours in a 24 hour period. Building Measurement Definitions (See Building Height, Story, Residential Floor Cessation of Use Area, Length of Wall.) For purpose of this Ordinance the term shall mean the vacancy, discontinuation, or abandonment of the use of a structure or parcel of property. A use shall not be considered Built-Upon Area ceased if the use is being marketed for sale or That portion of a development project that is other forms of conveyance and documentation covered by impervious or partially impervious of such activities is provided. cover including buildings, pavement, gravel 310 NEW DEFINITION—this definition generally conforms to 15A NCAC 02H.1002(Definitions). Orange County, North Carolina—Unified Development Ordinance Page Index-4 Index 145 An enclosed market not exceeding 1500 square Public Instruction, which regularly and feet in size for the retail sales of a variety of exclusively provide a course of grade merchandise, which must include locally school instruction to children who are of produced products. For the purpose of this public school age; definition, "local" means Orange County and c) Summer camps having children in full- counties that share a border with Orange time residence; County. d) Bible schools conducted for no more than three weeks during vacation County periods; and Orange County Government. e) Cooperative arrangements among parents who care only for their own Custodial Care children in an arrangement as a matter A form of care that is primarily for the purpose of of convenience rather than to enable assisting a person in the activities of daily living any participating parent to be employed. or in meeting personal rather than medical needs, which is not intended to provide specific Dedication therapy as the result of an illness or injury and A gift, by the owner, of land for a specified does not constitute skilled care. The term shall purpose, or purposes. Because a transfer of refer to personal care that does not require the property is entailed, dedication must be made by continuing attention or supervision of trained, written instrument and is completed with an medical, or paramedical personnel. acceptance. Cutoff Fixture Designated Public Sewer Service An outdoor lighting fixture shielded or Area constructed in such a manner that no more 2.5% An area located within Orange County's Primary of the total light emitted by the fixture is Service Area in the Water and Sewer projected above the horizontal plane of the Management, Planning, and Boundary fixture. Agreement, that is currently served by public sewer or is expected to be served by public Day Care sewer in the near-term (e.g., 18 months; Any child care arrangement under which a child demonstrated by issuance of an advertisement less than 13 years of age receives care away for bid, or similar device, for construction of from his own home by persons other than his public sewer facilities). parents, grandparents, aunts, uncles, brothers and sisters who are not minors, guardians or full Detention Pond time custodians. A Stormwater Control Measure S( CM)engiReered sterrv,watercon consisting Day Care Facility of a pond constructed and maintained in Any day care center or child care arrangement accordance with ApPeRdix ^ of this Ordinance, that provides day care for more than five which allows for pollutants to settle and provides children, not including the operator's school age for the gradual release of the impounded water. children, under the age of 13, on a regular basis The detention pond is the Roo+ Management of at least once per week for more than four oraGtO G which must be used within protected hours but less than 24 hours per day, and those watersheds when engineered stormwater operating fewer than four hours per day that controls are required. (See also, Stormwater provide care for more children per adult care Control Measure and Engineered Stormwater giver than would be permitted in an AA State Controls),Best nn.,, agearne + or +,rues "„+ licensed center, regardless of the time of day FRgiReerod_ c+„r.,.w;;tor G9RtF9IE;)351 and regardless of whether the same children attend regularly. Development The following facilities are not included: Any constructed change to improved or a) Public schools; unimproved real estate, including, but not limited b) Non-public schools whether or not to, buildings or other structures, mining, accredited by the State Department of dredging, filling, grading, paving, excavation or 3s1 This definition has been revised to eliminate the outdated reference to"Best Management Practice". Orange County, North Carolina—Unified Development Ordinance Page Index-8 Index 146 drilling operations, or storage of equipment or Pedestrian/Landscaped Space, materials. Also includes any land disturbing Pedestrian/Landscaped Space Ratio.) activityLand-Disturbing Activity which adds to or changes the amount of impervious or partially Development, Multi-phase impervious cover on a land area or which A development containing 100 acres or more otherwise decreases the infiltration of that (i) is submitted for site plan approval for precipitation into the soil. construction to occur in more than one phase, and (ii) is subject to a master development plan Development Activity with committed elements, including a In the context of property encumbered by requirement to offer land for public use as a Special Flood Hazard Area this term includes condition of its master development plan any activity defined as Development which will approval. Note that"master development plan" necessitate a Floodplain Development Permit. is not the same as the master plan required as This includes buildings, structures, and non- part of an MPD-CD (Master Plan Development) structural items, including but not limited to: fill, application. bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures. Digital Flood Insurance Rate Map (DFIRM) Development, Existing The digital official map of a community, issued In the context of Stormwater provisions of this by the Federal Emergency Management Agency Ordinance for projects that do not require a (FEMA), on which both the Special Flood State permit, shall be defined as those projects Hazard Areas and the risk premium zones that are built, or those projects that at a applicable to the community are delineated. minimum have established a vested right under North Carolina zoning law as of the effective Direct Light date of Orange County's Water Supply Light emitted directly from the lamp, off of the Watershed Protection Ordinance, or such earlier reflector diffuser, or through the refractor or time that other Orange County ordinances shall diffuser lens, of a luminaire. specify, based on at least one of the following criteria: a) Substantial expenditures of resources Discharge (time, labor, money) based on a good The addition of any human-induced effluent faith reliance upon having received a either directly or indirectly to state surface valid Orange County approval to waters. proceed with the project, or b) Having an outstanding building permit in Discharge, Domestic Wastewater compliance with G.S. 160D-102 or G.S. Sewage, unprocessed industrial wastewater, 160D-108, or other domestic wastewater, or any combination c) Having an approved site specific vesting of these items. Domestic wastewater includes, plan or multi-phase development plan in but is not limited to, liquid waste generated by compliance with G.S. 160D-102 or G.S. domestic water using fixtures and appliances, 160D-108. from any residence, place of business, or place For projects that require a State permit, such as of public assembly, even if it contains no landfills, NPDES wastewater discharges, land sewage. Examples of domestic wastewater application of residuals, and road construction include once-through non-contact cooling water, activities, existing development shall be defined seafood packing facility discharges, and as those projects that are built or those projects wastewater from restaurants. for which a State permit was issued prior to August 3, 1992. Development Intensity Definitions Discharge, Industrial (See Non-residential Land Area, Non-residential The discharge of industrial process treated Floor Area, Residential Floor Area, Floor Area wastewater or wastewater other than sewage. Ratio, Open Space, Open Space Ratio, Livability Stormwater runoff352 shall not be considered to Space, Livability Space Ratio, Recreation be an industrial wastewater unless it is Space, Recreation Space Ratio, "I Consistent use of"stormwater runoff". Orange County, North Carolina—Unified Development Ordinance Page Index-9 Index 147 contaminated with industrial wastewater. Dwelling, Two Family Industrial discharge includes: A detached building containing two dwelling a) Wastewater resulting from any process units (duplex). of industry or manufacture, or from the development of any natural resource; Dwelling Unit b) Wastewater resulting from processes of A single unit providing complete, independent trade or business, including wastewater living facilities for one or more persons, including from laundromats and car washes, but permanent provisions for living, sleeping, eating, not wastewater from restaurants; or cooking, and sanitation. c) Wastewater discharged from a Mobile Homes and modular units are to be municipal wastewater treatment plant considered dwelling units under this definition. requiring a pretreatment program. Dispersed FIow353 EA Uniform shallow flow that is conveyed to a An Environmental Assessment. vegetated filter strip as defined in 15A NCAC EA, Completed 02H .1059, another vegetated area, or Stormwater Control Measure. The purpose of An Environmental Assessment that has been "dispersed flow" is to remove pollutants through accepted by the Orange County Planning infiltration and settling, as well as to reduce Department as technically acceptable for erosion prior to stormwater runoff reaching purposes of this Ordinance. surface waters. EIS Disposal An Environmental Impact Statement. The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into EIS, Completed or on any land or water so that the solid waste or An Environmental Impact Statement that has any constituent part of the solid waste may enter been accepted by the Orange County Planning the environment or be emitted into the air or Department as technically acceptable for the discharged into any waters, including purpose of being transmitted to the State groundwater. Clearinghouse or for being reviewed for adequacy by the Orange County Planning Disposal, Waste Department. The use of waters for disposal of sewage, industrial waste or other waste after approved treatment. Easement Ditch A grant of rights by a property owner to another A constructed channel, other than a modified individual, group or governmental unit to make natural stream constructed for drainage limited use of a portion of real property for a purposes, that is typically dug through inter- specified purpose. stream divided areas. A ditch or canal may have flows that are perennial, intermittent, or Eating and Drinking Establishments ephemeral and may exhibit hydrological and Land uses providing for the consumption of food biological characteristics similar to perennial or and/or drink to its clientele on or off site, intermittent streams. Economic Development Activity Dwelling, Multi-Family Node A building or lot containing three or more Land in Transition Areas of the County, as dwelling units. designated in the Comprehensive Plan, which has been specifically targeted for economic Dwelling, Single Family development activity consisting of light industrial, A detached building containing one dwelling distribution, flex space, office, and service/retail unit. uses. Such areas are located adjacent to "I NEW DEFINITION—this definition generally conforms to 15A NCAC 02H.1002(Definitions). Orange County, North Carolina—Unified Development Ordinance Page Index-10 Index 148 interstate and major arterial highways, and Equestrian Center subject to special design criteria and A facility designed and intended for the display performance standards. Flex space typically of equestrian skills and the hosting of events includes one-story buildings designed, including, but not limited to, show jumping, constructed, and marketed as suitable for use as dressage, rodeos, general horse/mule shows, offices but able to accommodate other uses; and similar equestrian disciplines. Events may e.g., warehouse, showroom, manufacturing be larger scale, such as horse shows expected assembly or similar operations. to generate more than 80 traffic trips per day, and may be held more frequently than once per Efficiency Apartment month. A commercial stable may be included on An additional dwelling unit accessory to a single the site. family residence meeting the development criteria outlined within this Ordinance. Elevated Building Erosion and Sedimentation Control A non-basement building, which has its PIan355 reference level raised above ground level by Any plan, amended plan, or revision to an foundation walls, shear walls, posts, piers, approved plan submitted to Orange CountV, the pilings, or columns with openings sufficient to North Carolina Division of Energy, Mineral, and facilitate automatic equalization of hydrostatic Land Resources, or a delegated authority in flood forces on exterior walls by allowing entry accordance with General Statute 113A-57. and exit of floodwaters and the unimpeded movement of floodwaters. Evidentiary Hearing Encroachment A hearing to gather competent, material, and The advance or infringement of uses, fill, substantial evidence in order to make findings excavation, buildings, permanent structures or for a quasi-judicial decision. development into a floodplain, which may impede or alter the flow capacity of a floodplain. Existing Construction Structures for which, the "start of construction" Engineered (or St uGtufa-41) commenced before March 16, 1981. This term Stormwater Controls may also be referred to as "existing structures.' structures or practicesal-best Existing manufactured home park or �4Engineered Management Practice /RnAD\ used to reduce manufactured home subdivision non-point source pollution to receiving waters in A manufactured home park or subdivision for order to achieve water quality protection goals. which, for flood damage prevention purposes, (See also, Bost MaRagemeR the construction of facilities for servicing the lots or�Stormwater Control Measure, on which the manufactured homes are to be affixed (including, at a minimum, the installation Detention Pond, Infiltration Systems) (LJRless of utilities, the construction of streets, and either otherwise spes+faed, °BIL"P", when used ORthis final site grading or the pouring of concrete QrdiRaRGe, rotors t StF G oral BMPs )3sa pads) completed before March 16, 1981. Extraction of Earth Products Environmental Document The process of removal of natural deposits of An EA, EIS, or FONSI, or all of them. mineral ores, soils or other solids, liquid or gaseous matter from their original location. It Environmentally Sensitive Areas does not include any processing of such Land which is subject to special natural material, beyond incidental mechanical environmental conditions such as flooding that consolidation or sorting to facilitate present significant constraints to built transportation to the site of use or location of development. further processing. "I This definition has been revised to eliminate the ass NEW DEFINITION -this definition generally outdated reference to"Best Management Practice". conforms to 15A NCAC 02H.1002(Definitions).. Orange County, North Carolina—Unified Development Ordinance Page Index-11 Index 149 FONSI Farm Equipment Rental, Sales and A Finding of No Significant Impact. As pertaining Service to an EA or EIS. An establishment engaged in the rental, sales, service, and/or repair of construction or farm Family equipment, including excavators, loaders, For purposes of this Ordinance, family shall be graders, bulldozers, farm tractors 50 horsepower defined as an individual or two or more persons or more in size and other large, heavy-duty related by blood, marriage or adoption, living types of equipment used in the construction or together in a dwelling unit; or a group of not farming industries but not including horse more than five persons who need not be related trailers, trucks, or other vehicles designed for in a dwelling unit. A"family" may include five or use on public roads. fewer foster children. Family Care Facility A facility which meets the definition of a family Farm Supply Store care home in NCGS 168-21. An establishment engaged primarily in the sale or rental of farm tools, small farming equipment, Family Income and farm supplies. Retail sales of animal feed, The gross annual sum of all income received by grain, hardware, lumber, tack, riding attire, all adult members of the household, including: animal care products, and the like may be an a) Earned income from wages for all family ancillary activity. members over the age of 18; b) Income from assets; Federal Emergency Management c) Child support, alimony, Welfare Agency (FEMA) payments, Social Security payments, The agency of the federal government chiefly including SSI, Worker's Compensation responsible for studying and mapping flood and Unemployment benefits; plains and developing guidelines limiting d) Regular contributions and gifts; development therein. e) Income from a business; f) Earned income tax credits; Feed Mill g) Lump sum payments such as inheritance, insurance settlements, and A building with machinery and apparatus for proceeds from sale of property; and grinding and/or bagging grain. h) Income from absent military personnel who are considered family members of Fertilizer the household. Any substance containing nitrogen or phosphorous which is used primarily for its plant Farming food content. The use of land consistent with the State of North Carolina's definition of farming, as Financial Services contained in the General Statutes. Land uses providing economic and financial services to a clientele, Farm, Bona Fide The use of land meeting the criteria for"Farm" Financially Responsible as defined by the State of North Carolina in the PersenPartY356 General Statutes. In regards to sef-erosion and sedimentation control provisions, and party or entity who has Farm Equipment, Non-Farm Use of financial or operation control over a laed- Commercial use of the farm equipment for non- disturbing tiv4yLand-Disturbing Activity and/or farming activities away from a bona fide farm. the landowner or party/entity in possession or Examples include grading services and control of the land who had directly or indirectly landscaping services. allowed a land disturbing activityl-and-Disturbing 31'This definition has been revised to"Financially Responsible Party",so as to include corporations, etc. Orange County, North Carolina—Unified Development Ordinance Page Index-12 Index 150 Activity or had benefited from such ayLand- the unusual and rapid accumulation of runoff of Disturbing Activity. surface waters from any source. Fixture Flood Boundary and Floodway Map The assembly that houses the lamp or lamps (FBFM) and can include all or some of the following An official map of a community, issued by the parts: a housing, a mounting bracket or pole FEMA, on which the Special Flood Hazard socket, a lamp holder, a ballast, a reflector or Areas and the floodways are delineated. This mirror, and/or a refractor or lens. official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Flexible Development Map (FIRM). A subdivision in which greater flexibility and design creativity is encouraged and allowed to Flood Hazard Boundary Map (FHBM) preserve agricultural and forestry lands, natural An official map of a community, issued by the and cultural features, and rural community FEMA, where the boundaries of the Special character that might otherwise be lost through Flood Hazard Areas have been defined as Zone conventional development approaches. At least A. one-third (33%)of the land within a Flexible Development subdivision must be set aside as Flood Insurance open space which may be preserved through: The insurance coverage provided under the a) An "estate lot"option where all land is National Flood Insurance Program (NFIP). subdivided into lots four acres or greater in size, building lot area including Flood Insurance Rate Map (FIRM) setbacks are established on 50% of each lot, and the land area outside such An official, adopted Orange County map, issued area is preserved as open space by FEMA, on which both the Special Flood provided that front and side yard Hazard Areas and the risk premium zones setback areas shall not be counted applicable to the county are delineated. This toward meeting the minimum open includes DFIRM. space requirement except as specified by provisions of Section 7.12.5(A); or Flood Insurance Study (FIS) b) A"conservation-cluster" option where lot An examination, evaluation, and determination sizes are reduced and the land saved of flood hazard, corresponding water surface through such reductions is preserved as elevations (if appropriate), flood insurance risk open space on separate lots owned and zones, and other flood data in Orange County maintained through a homeowners issued by FEMA. The FIS report contains association, a non-profit land corresponding flood profiles, as well as FIRMs. conservancy or unit of state or local government; or Flood Lamp c) A"village"or modified cluster option See Outdoor Lighting, Flood Lamp. where dwelling units are clustered around a village green and supporting Floodlight shops, and the village is surrounded by See Outdoor Lighting, Floodlight. open space; or d) Some combination of the above. Floodplain or Flood Prone Area Floating Zoning District; Floating Any land area susceptible to being inundated by water from any source and is interchangeable Zone terms. A zoning district that is defined in the text of the Ordinance but which is applied or mapped only Floodplain Administrator upon the approval of a rezoning The individual appointed to administer and application/petition. enforce the floodplain management regulations. Flood and Flooding Floodplain Development Permit A general and temporary condition of partial or A document required for any disturbance within complete inundation of normally dry land areas a mapped special flood hazard area prior to the from the overflow of inland or tidal waters and commencement of any development activity. Orange County, North Carolina—Unified Development Ordinance Page Index-13 Index 151 cabin accommodations, dining facilities, barns, High Quality Waters (HQW)358 dance hall and recreational facilities, including Supplemental classification intended to protect but not limited to riding rings, trails, fishing holes waters which are rated excellent based on and swimming facilities. biological and physical/chemical characteristics through NCDEQ monitoring or special studies, Habitable Rooms primary nursery areas designated by the Marine Rooms designed and used for living, sleeping, Fisheries Commission, and other functional eating, cooking, or combinations thereof. nursery areas designated by the Marine Bathrooms, toilet compartments, closets, halls, Fisheries Commission. storage rooms, laundry and utility spaces, basement recreation rooms, and similar areas Highest Adjacent Grade (HAG) are not considered habitable rooms. The highest natural elevation of the ground surface, prior to construction, next to the Hazardous Waste Management proposed walls of the structure. Facility A facility or any portion of a facility for the Historic structure collection, storage, processing, treatment, Any structure that is: recycling, recovery, or disposal of hazardous a) Listed individually in the National waste on or in land in accordance with rules Register of Historic Places (a listing adopted by the State of North Carolina maintained by the U.S. Department of Department of EnviFGRment and Natural Interior) or preliminarily determined by Reseu TEnvironmental Quality.357 the Secretary of Interior as meeting the requirements for individual listing on the Health and Personal Care Facility National Register; A public or private facility, establishment, or b) Certified or preliminarily determined by institution providing housing for 16 or more the Secretary of Interior as contributing unrelated to the historical significance of a individuals who are furnished meals and registered historic district or a district health/personal care on a continuing basis. preliminarily determined by the Term includes: Secretary to qualify as a registered convalescent homes, nursing homes, rest historic district; homes, assisted living facility, sanatoria, homes c) Individually listed on a local inventory of for the elderly, historic landmarks in communities with a handicapped, disabled, youthful offenders, "Certified Local Government (CLG) addicted to alcohol or drugs, requiring Program,"which has been approved by professional health the Department of the Interior; or care, adult supervision, or rehabilitation. d) Certified as contributing to the historical significance of a historic district Health Services designated by a community with a Establishments of licensed practitioners, or "Certified Local Government (CLG) licensed persons independently practicing a Program". (CLG Programs are profession, primarily engaged in rendering approved by the US Department of the medical, surgical and other health related and Interior in cooperation with the North allied personal care services in the health field Carolina Department of Cultural e. physicians, physical therapists, dentists, Resources through the State Historic ( g p y y p Preservation Officer as having met the medical specialists). requirements of the National Historic High-Density Option Preservation Act of 1966, as amended). One of two approaches available for Holiday Decoration development in some watershed overlay districts. Generally, the high-density option Holiday displays, decorations and greetings, relies on density limits and engineered which relate to any federally designated holiday, stormwater controls to minimize the risk of water legal holiday or religious holiday. pollution. 157 Correct entity name. 3..NEW DEFINITION—this definition generally conforms to NCDEQ's formal definition. Orange County, North Carolina—Unified Development Ordinance Page Index-16 Index 152 Home Occupation, Major parking areas, sidewalks, patios, and structures An accessory business use which is owned and that cover the land. operated by the resident of the property, located on a single parcel of land at least five acres in Infiltration size in the AR and R-1 zoning districts, and is The absorption of stormwater F61R e runoff359 clearly incidental and subordinate to the into the ground. Infiltration allows for pollutants principal residential use of the property. Major to be filtered from the water prior to its reaching home occupations, which do not meet the the groundwater table, preventing the deposit of standards of a minor home occupation, shall the pollutants directly into drinking water accommodate for larger scale accessory supplies. business uses by allowing for an increase in square footage, number of onsite employees, Infiltration Systems360 students, customers, clients, and annual events Stormwater Control Measures (SCMs)designed with an approved Special Use Permit. to allow stormwater runoff to move into the soil's pore space and subsurface. (See also, Home Occupation, Minor Stormwater Control Measure and Engineered An accessory business use, which is owned or Stormwater Controls). operated by the resident of residentially-zoned property, and is clearly incidental and Institutional Use subordinate to the principal residential use of the A nonprofit, religious, or public use, such as a property. church, library, public or private school, hospital, university, or government owned or operated Home Park building, structure, or land used for public A parcel of land under single ownership which purpose. has been planned and improved in compliance with Sections 3.8 and 5.5.4 for the placement of Interested Party mobile homes/manufactured homes and For purposes of quasi-judicial evidentiary Temporary Residential Units for use during the hearings an interested party is one who has duration of the lease. The term includes mobile standing as that term is defined by applicable home parks developed under previous North Carolina statutory and case law. permitting requirements. Junk Yard Home Park Space An establishment operated or maintained for the A parcel of land occupied or intended to be purpose of storing, dismantling, salvaging, occupied by one and only one Mobile Home or recycling, buying or selling scrap or used Temporary Residential Unit and for the exclusive materials such as paper, metals, rubber, rags, use of the occupants of said dwellings. glass, wrecked, used or dismantled products and articles, such as machinery, vehicles, Immediate Neighborhood appliances and the like. A subdivision or area of the county which distinguishes it from other subdivisions or areas Junked or Wrecked Motor Vehicles by virtue of its location within the service area of Motor Vehicles which do not display a current a park site or sites as shown on the adopted license plate or a current registration sticker and "Recreation Service Area Boundaries Map" on which either: (a) are partially dismantled or file in the Planning Department. wrecked, or(b) cannot be self-propelled or moved in the manner in which originally intended to move. Impervious Surface Kennel (Class II) A surface composed of any material that An establishment involving animals of any impedes or prevents the natural infiltration of species, excluding domesticated livestock, water into the soil. Such surfaces include engaged in any of the following: concrete, asphalt and gravel surfaces. These a) The owning or keeping, for any purpose, include, but are not be limited to, streets and of 20 or more animals ass Consistent use of"stormwater runoff'. 161 NEW DEFINITION -this definition generally conforms to 15A NCAC 02H.1002(Definitions). Orange County, North Carolina—Unified Development Ordinance Page Index-17 Index 153 b) The selling and/or training of guard dogs A zoning permit, subdivision approval, building or security dogs permit, site plan, or special use permit. c) The keeping of more than five animals at any given time for the purpose of breeding, boarding, or rehabilitation. The operator of a Kennel (Class II)shall be Land Use Plan allowed to reside on the property to ensure the A set of documents and maps that categorize continuous care of the animals kept on-site. existing patterns of land development and set guidelines for the desirable intensity, density, Lamp quantity, type, location and timing of future See Outdoor Lighting, Lamp. development based upon the goals and policies set forth in the Plan. The Land Use Plan can be Land Area Measurement Definitions found in the Land Use Element of the (See Lot Line, Lot Line Front, Lot Line Rear, Lot Comprehensive Plan. Line Side, Open Side, Open Space Front, Open Space Rear) Leather and Allied Product Manufacturing Land-Disturbing Actiyi+.,Land- Land uses involved in the transformation of Disturbing Activity361 previously finished leather into products for Any use of the land by any Person in residential, eventual sale or industrial, educational, institutional, or distribution. This includes products, except for commercial development, highway and road apparel, made from leather substitutes including construction and maintenance that results in a rubber, change in the natural cover or topography that plastics, or textiles. This does not include the may cause or contribute to sedimentation. transforming of raw product to allow for the development of Landfill a product. Please refer to Leather and Hide A site within which is deposited solid waste Tanning and Finishing. material, including trash, construction debris, stumps, branches and limbs, garbage and Leather and Hide Tanning and industrial waste. Finishing Land uses involved in the transformation of Landfill, Discharging hides into leather through tanning or curing. A landfill facility with liners, monitoring Does not include equipment and other measures to detect and/or the manufacturing of leather into products for prevent leachate from entering the environment eventual sale or distribution. and in which the leachate is treated on site and discharged to a receiving stream. Discharging Length of Wall landfills require a National Pollution System The horizontal distance from corner to corner. (NPDES) Permit from the North Carolina Where walls in continuous general frontage (as Division of Water Q Resources.362 in the case of attached dwellings) are off-set by angles or setbacks of six feet or more, the length Land Use Intensity Definitions of each segment so set off shall be measured (See Non-residential Land Area, Non-residential separately in establishing pertinent yard depth. Floor Area, Residential Floor Area, Floor Area Length of the wall of a circular building shall be Ratio, Open Space, Open Space Ratio, Livability construed as the diameter of the building. Space, Livability Space Ratio, Floor Area Ratio, Open Space, Open Space Ratio, Recreation Letter of Map Change (LOMC) Space, Recreation Space Ratio, An official determination issued by FEMA that Pedestrian/Landscaped Space, amends or revises an effective Flood Insurance Pedestrian/Landscaped Space Ratio.) Rate Map or Flood Insurance Study. Letters of Map Change include: Land Use Permit (a) Letter of Map Amendment(LOMA): An official amendment, by letter, to 361 Land-Disturbing Activity definition updated to 361 Correct entity name. match the NCDEMLR Model Ordinance. Orange County, North Carolina—Unified Development Ordinance Page Index-18 Index 154 a) Sales of beverages, packaged foods, A document stating that the owner will not tobacco products and similar convert or alter what has been constructed and convenience goods for customers, as approved. Violation of the agreement is accessory and incidental to the principal considered a violation of the ordinance and, operations; and therefore, subject to the same enforcement b) Provision of road maps and other travel procedures and penalties. The agreement must information to customers; be filed with the recorded deed for the property. The agreement must show the clerk's or Multiple Use recorder's stamps and/or notations that the filing The combination on one lot of two or more has been completed. principal uses, excluding outdoor advertising signs. (Under some circumstances, a second Non-Encroachment area use may be regarded as accessory to the first, The channel of a river or other watercourse and and thus a multiple use is not established.) the adjacent land areas that must be reserved in order to discharge the base flood without Net Assets cumulatively increasing the water surface The equity value of real property such as land, elevation more than one foot as designated in buildings, Certificates of Deposit, Checking and the Flood Insurance Study report. Savings accounts, money market accounts, stocks, bonds, cash, IRA of KEOUGH accounts, Non-Point Source Pollution gold or precious metals, and business Pollution which enters waters mainly as a result equipment. Family or personal assets such as of precipitation and subsequent nJR furniture, automobiles, wheelchairs or other offstormwater runoff363 from lands which have special equipment, household goods, boats and been disturbed by naR'shuman364 activities and recreational vehicles are not included. includes all sources of water pollution which are not required to have a state or local or state permit for discharge into a stream. New construction Non-Residential Development Structures for which the "start of construction" Development of any land use which is not commenced on or after March 16, 1981, and residential in nature, including uses (such as includes any subsequent improvements to such churches)which are allowed in residential structures. zoning districts. Night Club, Bar, or Pub Non-Residential Floor Area - An establishment that allows food, alcoholic Inclusions and Exclusions drink and/or entertainment. The sum of areas for non-residential use on all floors of the building measured from the outside Non-Conformance faces of the exterior walls, including halls, Non-conformities are: lobbies, arcades, stairways, elevator shafts, a) Lots; enclosed porches and balconies, and below- b) Uses of land without structures or with grade floor areas used for non-residential minor structures only; access and storages. Not countable as floor c) Uses of major structures and premises; area are: d) Characteristics of Use; and a) Open terraces, patios, atriums, or e) Structures balconies. which were lawful but would be prohibited, b) Any residential space. regulated or restricted by the enactment of this Ordinance or a subsequent amendment thereto. Non-Residential Land Area Non-conformity may also be created by lawful All land for non-residential development and public taking or actions pursuant to a court order related uses, including open space, within the and have the same effect as violations of this district in the case of locations which are Ordinance, if undertaken privately. controlled by these regulations. Non-residential land area shall not be construed to include lands Non-Conversion Agreement: not beneficial to non- residential use due to 363 Consistent use of"stormwater runoff'. 364 Text correction—grammar fix. Orange County, North Carolina—Unified Development Ordinance Page Index-26 Index 155 location or character, or areas used space subject to limitations set forth predominantly for residential purposes. below. B. Uncovered open space is total gross Nursing Home land area not covered by buildings, plus See Health and Personal Care Facility. open exterior balconies and roof areas improved as recreation space. Nutrient Sensitive Waters (NSW)365 C. Covered open space is usable open Those waters which are so designated in the space closed to the sky, but having two classification schedule in order to limit the clear unobstructed open or partially discharge of nutrients (usually nitrogen and open sides. Partially open sides is to be phosphorous). They are designated by"NSW" construed as 50% or more. Examples of following the water classification. covered space are covered balconies, covered portions of improved roof areas, Obstruction or space under buildings supported on Includes, but is not limited to, any dam, wall, columns or posts or cantilevered. The wharf, embankment, levee, dike, pile, abutment, square footage countable as covered protection, excavation, channelization, bridge, open space shall not exceed the square conduit, culvert, building, wire, fence, rock, footage of the open space sides. gravel, refuse, fill, structure, vegetation or other material in, along, across, or projecting into any Open Space Ratio watercourse, which may alter, impede, retard, or The minimum square footage of open space change the direction and/or velocity of the flow required for each square foot of gross land area. of water, or due to its location, its propensity to This area includes parking and vehicular access snare or collect debris carried by the flow of areas and it can also include balconies, and water, or its likelihood of being carried roofs improved for recreation. downstream. Outdoor Advertising Industry Office Use The organizations that provide outdoor displays A land use providing professional and clerical or display space on a lease or rental basis. activities associated with the operation of a business or provision of professional services to Outdoor Lighting clientele. Installation of lighting equipment, whether attached to poles, building structures, the earth, Open Burning Of Trees, Limbs, or any other location to allow for the illumination Stumps And Construction Debris of a building and exterior area(s)within the Associated With The Permitted confines of a defined property line. Included are open air spaces on a property, which are under Activity a roof or other cover and not fully enclosed such The disposal of limbs, stumps and construction as a canopy, pavilion, drive-through bay, or debris associated with the permitted activity by parking deck. means of outdoor fires. Outdoor Lighting, Cutoff Fixture Open Space - (flexible development) A fixture shielded or constructed in such a "Primary Open Space Areas" and "Secondary manner that no more than 2 '/z% of the total light Open Space Areas", as defined in Section emitted by the fixture is projected above the 7.12.4, which are preserved through horizontal plane of the fixture. conservation easements or other restrictions in a flexible development subdivision. Open Space - (land use intensity) Outdoor Lighting, Direct Light A. Open space is the total horizontal area Light emitted directly from the lamp, off of the of uncovered open space plus half the reflector diffuser, or through the refractor or total horizontal area of covered open diffuser lens, of a luminaire. 3es Added appropriate acronym (NSW)for this definition. Orange County, North Carolina—Unified Development Ordinance Page Index-27 Index 156 Parking Deck asphalt shingles and coating. This activity does A special structure of two or more levels not include the manufacturing of Petroleum and designed to be used for the temporary storage Lubricating Oil and Grease Manufacturing or of motor vehicles. Petroleum Refinery operations as defined herein. Pedestrian/Landscape Ratio This is the minimum square footage of Petroleum and Lubricating Oil and pedestrian access and landscaped areas in a Grease Manufacturing non-residential development for each square A land use engaged in the blending or foot of gross land area. compounding of refined petroleum to make lubricating oils and Pedestrian/Landscaped Space greases and/or re-refining used petroleum Pedestrian/landscaped space is part of total lubricating oils. open space appropriately improved and located as outdoor space for pedestrian use and for Petroleum Product Storage and aesthetic appeal. Such space includes lawns Distribution and other landscaped areas, walkways, paved The storage of finished/refined petroleum terraces and sitting areas. Such space shall not products for sale and distribution including retail be used for vehicles except for incidental and wholesale service, maintenance or emergency actions. activities. Performance Guarantee366 Petroleum Refinery A financial, contractual, obligation ensuring A land use engaged in refining crude petroleum completion of approved development activities into refined petroleum products involving one or consistent with the provisions of County, State, more of and Federal law. the following activities: (1)fractionation; (2) straight distillation of crude oil; and (3) cracking. Personas' Any individual, partnership, firm, association, Phase of Grading joint venture, public or private corporation, trust, One of two types of grading: rough or fine. estate, commission, board, public or private institution, utility, cooperative, interstate body, or Photovoltaic (PV) other legal entity. Technology that converts light directly into Personal Services electricity. An establishment engaged in providing services Place of Worship generally involving the care of the person (e.g. An assembly land use primarily providing hairdresser, tailor, laundry, etc.). meeting areas for the support of religious activities, services, Petroleum and Coal Product and study. The term includes, but it's not limited Processing, Preparation, and to: church, temple, mosque, and synagogue. Distribution A land use engaged in the transformation of Portable Building crude petroleum and coal into usable products, A building not intended for residential use including the consisting of one or more modules constructed separation of crude petroleum into component off the ultimate site of use and transported to products through such techniques as cracking that site. and distillation. Allowable activities include Post-FIRM manufacturing of asphalt for paving or roofing, Development for which construction started on manufacturing of or after March 16, 1981. 366 NEW DEFINITION—clarification of Performance 367 NEW DEFINITION—"Person" definition added to Guarantees is the focus of these UDO text conform with the NCDEMLR Model Ordinance. amendments. Orange County, North Carolina—Unified Development Ordinance Page Index-29 Index 157 Establishments primarily engaged in creating a The minimum Rules adopted by the finished oil based product by: Environmental Management Commission for (a)Wet milling corn and vegetables; application to North Carolina's water supply (b) Crushing oilseeds and tree nuts; watersheds, as required by the Water Supply (c) Refining and/or blending vegetable Watershed Protection Act. The purpose of the oils; Act, as stated in its opening paragraph, is "... to (d) Manufacturing shortening and protect and enhance the quality of the State's margarine; or surface water supplies by establishing a (e) Blending purchased animal fats with cooperative program of water supply protection vegetable fats. to be administered by local governments consistent with statewide management Start of Construction requirements established by the Environmental Includes substantial improvement, and means Management Commission (EMC)." (See related the date the building permit was issued, definition "Water supply watershed"). provided the actual start of construction, repair, reconstruction, rehabilitation, addition Stockyard / Livestock Market placement, or other improvement was within 180 A facility where livestock are kept temporarily days of the permit date. The actual start means awaiting purchase and/or transport; such either the first placement of permanent facilities may include enclosed pavilions, construction of a structure (including a grandstands, paddocks, and stalls. manufactured home)on a site, such as the pouring of slabs or footings, installation of piles, Storage of Goods construction of columns, or any work beyond the A land use where secured space, indoors or stage of excavation; or the placement of a outdoors, is rented to tenants for the manufactured home on a foundation. safeguarding and/or Permanent construction does not include land keeping of general merchandise, refrigerated preparation, such as clearing, grading, and goods, and other personal items on a short or filling; nor does it include the installation of long term streets and/or walkways; nor does it include basis. excavation for a basement, footings, piers, or foundations or the erection of temporary forms; Stormwater, Stormwater Collection nor does it include the installation on the property of accessory buildings, such as System3ss garages or sheds not occupied as dwelling units Any conduit, pipe, channel, curb, or gutter for or not part of the main structure. For a the primary purpose of transporting (not treating) substantial improvement, the actual start of run-offstormwater runoff . A stormwater construction means the first alteration of any collection system does include vegetated wall, ceiling, floor, or other structural part of the swales, swales stabilized with armoring or building, whether or not that alteration affects alternative methods where natural topography the external dimensions of the building. prevents the use of vegetated swales (subject to case-by-case review), curb outlet systems or State Agency pipes used to carry drainage underneath built- Every department, agency, institution, public upon surfaces that are associated with authority, board, commission, bureau, division, development controlled by the provisions of 15A council, member of Council of State, or officer of NCAC 2H 1003(c)(1). the State government of the State of North Stormwater, Stormwater Control Carolina. Measure (SCM)369 State Clearinghouse A permanent structural device that is designed, The clearinghouse agency established by the constructed, and maintained to remove North Carolina Department of Administration pollutants from stormwater runoff by promoting under the North Carolina Environmental Policy settling or filtration; or to mimic the natural Act. hydrologic cycle by promoting infiltration, evapo- transpiration, post-filtration discharge, reuse of State Mandate stormwater, or a combination thereof. A ...This definition generally conforms to 15A NCAC 36I This definition has been revised for general 02H.1002 (Definitions). conformance to 15A NCAC 02H.1002(Definitions). Orange County, North Carolina—Unified Development Ordinance Page Index-43 Index 158 +r„gfi Ural nnGR tFUG+„ral m en+_hosed owning entity of the Stormwater Control pros+ice used singularly nr ;n GE)mbiRat'GR +n Measure (SCM), and shall meet the reduce requirements of SL 2019-79 (SB 313). non point source pollution to receiving waters n order to achieve water quality protection and Stormwater, Stormwater Management n�atePlan (SMP)313 quantitygoals.I limitation (See oleo' Detention A set of plans and supporting calculations Pondpnn onrl FnnineererJ Stormwater(�nn+rnlcl The term takes the place of what was prepared and sealed by a North Carolina registered professional engineer or landscape previ2uslVer4ea4y referred to,and defined as a architect (to the extent that the General Statute `Best Management Practice' or Chapter 89A allows), detailing how a proposed `BMP'. (See also, Detention Pond, Engineered development will meet the requirements of Stormwater Controls, Infiltration SVstems) Section 6.14 of this Ordinance. A Land Disturbing Permit (LDP) maV not be issued bV Stormwater, SCM Operation and the Erosion Control Officer until a Stormwater Maintenance Agreement (OMA)370 Management Plan (SMP) is reviewed and A notarized and recorded agreement requiring approved. The SMP shall meet the the owning entity of a Stormwater Control requirements of the most current version of the Measure (SCM)to maintain, repair and, if NCDEQ Stormwater Design Manual. necessary, reconstruct the SCM in conformance with the approved Stormwater Management Stream Plan (SMP). The SCM Operation and A body of concentrated flowing water in a Maintenance Agreement shall include the natural low area or natural channel on the land required SCM Operation and Maintenance Plan surface. (as "Attachment A") and shall meet the requirements of the most current version of the Stream Buffer NCDEQ Stormwater Design Manual. An area of land adjacent to a stream or a FEMA- identified floodplain, whichever is greater, which, Stormwater, SCM Operation and except as permitted within this Ordinance, must Maintenance Plan (OMP)371 remain undisturbed in its natural state. Streams A written plan describing the detailed are identified by any of the following means: requirements, corrective actions, and roles a) Shown as solid blue lines or as broken related to the operation and maintenance of a blue lines on the USGS Quadrangle Stormwater Control Measure (SCM) . The SCM maps, Operation and Maintenance Plan must be b) Shown as a water feature in the Orange attached to the SCM Operation and County Soil Survey, or Maintenance Agreement (as "Attachment A") c) A water feature identified by a field and shall meet the requirements of the most determination of County staff trained in current version of the NCDEQ Stormwater surface water identification through the Design Manual. North Carolina Division of Environmental Quality(NCDEQ). Stormwater, SCM Derf„rmanne Stream buffers shall extend around the G aranteePerformance Guarantee372 perimeter of all other water features if any A financial assurance instrument used to portion of the stream buffer touches the water guarantee the complete construction of a feature. Disputes pertaining to water feature Stormwater Control Measure (SCM) in identification decisions by County staff shall be conformance with the approved Stormwater filed directly to the NCDEQ. Management Plan (SMP). The SCM performance r- aran+eePerformance Guarantee instrument shall be secured and posted by the 370 NEW DEFINITION—this definition has been added 372 NEW DEFINITION—this definition has been added in order to support applicable stormwater section(s) in order to support applicable stormwater section(s) of this Ordinance. of this Ordinance. 37'NEW DEFINITION—this definition has been added 373 NEW DEFINITION—this definition has been added in order to support applicable stormwater section(s) in order to support applicable stormwater section(s) of this Ordinance. of this Ordinance. Orange County, North Carolina—Unified Development Ordinance Page Index-44 159 Approved 9.1.21 1 SUMMARY NOTES 2 ORANGE COUNTY PLANNING BOARD 3 AUGUST 4,2021 4 ORDINANCE REVIEW COMMITTEEITRAINING SESSION 5 6 NOTE: A quorum is not required for Planning Board Ordinance Review Committee meetings or Training Sessions. 7 8 Due to current public health concerns, the ORC meeting/training session was virtual. Members of the Planning Board and 9 staff participated in the meeting remotely. 10 11 MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative; Randy Marshall, At-Large 12 Representative; Susan Hunter, Chapel Hill Township Representative;Alexandra Allman,At-Large Representative; 13 Melissa Poole, Little River Township Representative; Whitney Watson, At-Large Representative; Charity Kirk, At-Large 14 Representative; 15 16 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Coordinator; Patrick Mallett, Erosion 17 Control and Stormwater Supervisor; Christopher Sandt, Staff Engineer; Tom Altieri, Comprehensive Planning Supervisor; 18 Michael Harvey, Current Planning Supervisor; 19 20 AGENDA ITEM 1: CALL TO ORDER 21 22 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—PERFORMANCE GUARANTEES-To review 23 proposed LIDO amendments related to performance guarantees. 24 PRESENTER: Christopher Sandt, Staff Engineer and Michael Harvey, Current Planning Supervisor 25 26 Christopher presented a PowerPoint Presentation on proposed amendments to the UDO regarding performance 27 guarantees and streamlining the terminology. 28 29 David Blankfard: To change the permitted start time from 18 months to 3 years seems like a long time to me. 30 31 Christopher Sandt: This is to match the state requirements and pertains to larger projects. 32 33 Patrick Mallett: The single family homes do usually start within 18 months. This pertains mostly to the bigger projects that 34 can take 5 to 8 years to complete. 35 36 Randy Marshall: Most are simply text revisions and not significant revisions, do you anticipate anything that will be 37 controversial that we should discuss? 38 39 Christopher Sandt: We are dropping the requirement for an SCM maintenance guarantee. What we ran into was the 40 legality that we can't take lead on performing work on private property. From a staff level we don't have the manpower to 41 track that. 42 43 Patrick Mallett: We have a good solid ordinance but there are conflicts and what we are proposing is eliminating a lot of 44 the confusion and matching up with the state. 45 46 David Blankfard: I still think 3 years is a little long to start moving dirt.When does Wake County and Durham County 47 have to get started? 48 49 Patrick Mallett: It varies, in Cary, for example, it's when land disturbing activity actually starts versus the preconstruction 50 meeting. 51 52 David Blankfard: Does anyone else on the Board have a problem with 3 years? 1 160 Approved 9.1.21 53 54 Melissa Poole: I don't think 3 years is unreasonable. 55 56 David Blankfard: Ok 57 58 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS — CONCEPT PLANS FOR CONDITIONAL 59 DISTRICTS-To review proposed UDO amendments to require submittal and review of concept plans 60 for conditional district rezoning applications 61 PRESENTER: Michael Harvey, Current Planning Supervisor 62 63 Michael Harvey presented information and the history on proposed UDO text amendments to require submittal and 64 review of concept plans for conditional district rezoning applications 65 66 Melissa Poole: Rather than going to the Planning Board, this means it will go to the County Commissioners and then 67 come to the Planning Board? 68 69 Michael Harvey: What we're doing is adding a Concept Plan review to the existing process that will go to the BOCC at a 70 regular meeting; this will allow the applicant to solicit feedback from the elected officials and potentially members of the 71 community.After the conclusion of that meeting, applicants are still obligated to submit a formal Conditional District 72 rezoning application. That application goes to a Neighborhood Information Meeting (NIM), it then comes to the Planning 73 Board for recommendation and then ultimately goes to the Board of Commissioners for review and action. The Concept 74 Plan is really an opportunity for the applicant to gauge from the elected officials their interest for seeing the project go 75 through the process. 76 77 Melissa Poole: Do we anticipate that adding steps to the process will deter projects, particularly industrial development, 78 business development and economic development in Orange County. 79 80 Michael Harvey: I think any developer would say that any increase to a process represents time and money to them in 81 terms of investment and delay. But any insight into the project before they have spent a ton of money or lined up experts 82 or final engineering would probably be beneficial to them and might lead to a smoother review process. 83 84 David Blankfard: What do you think it's going to cost? 85 86 Michael Harvey: My recommendation to the Planning Director for a Concept Plan application fee would be a minimum 87 staff fee of$250 to$300 for our initial review and the advertising would be based on how many properties are within 88 1,000 feet. It is still being reviewed. 89 90 Alexandra Allman: After the Concept Plan meeting do you picture the applicant getting a recommendation or they go to a 91 meeting and that's that,will your staff provide recommendations? 92 93 Michael Harvey: My hope is that the applicant takes the constructive observations to heart and potentially modifies their 94 plans to address elected officials, community, and staff concerns. The applicant can choose to ignore them and say this 95 is the project we are proposing and we are going with what we perceive is the most beneficial project for the area it is 96 being located in. But they run a risk of a negative reaction to their proposal, especially if there are concerns brought to 97 their attention by the participates in the Concept Plan review. My hope is they will do their best to address any concerns 98 but staff cannot compel or require the applicant to alter their proposal to address initial community comment. We can 99 only strongly advise them and provide guidance on compliance with regulatory matters. Of course, if the concern is 100 directly related to complying with applicable land use regulations, staff has broader authority to compel changes. 101 102 AGENDA ITEM 4: ADJOURNMENT 103 The ORCITraining session was adjourned at 7:59 p.m. 104 2