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HomeMy WebLinkAboutAgenda - 10-03-2022; 5-a - Unified Development Ordinance (UDO) Text Amendments – Erosion & Sedimentation Control (E&SC) and Stormwater Management 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 3, 2022 Action Agenda Item No. 5-a SUBJECT: Unified Development Ordinance (UDO) Text Amendments — Erosion & Sedimentation Control (E&SC) and Stormwater Management DEPARTMENT: Planning and Inspections ATTACHMENTS: INFORMATION CONTACT: 1. Statement of Approval and Consistency Christopher Sandt, Staff Engineer, 919-245- 2. Proposed UDO Amendments 2583 Pat Mallett, Erosion Control and Stormwater 3. Excerpt of August 4, 2021 ORC Meeting Supervisor, 919-245-2577 Notes Cy Stober, Director, 919-245-2592 4. Excerpt of May 4, 2022 Planning Board Minutes 5. Excerpt of Draft September 7, 2022 Planning Board Minutes and Signed Statement of Consistency 6. Joint Planning Reviews from Town of Chapel Hill and Town of Carrboro PURPOSE: To hold a public hearing, receive the Planning Board and staff recommendations, receive public comment, close the public hearing, and consider action on County-initiated amendments to the Unified Development Ordinance (UDO) that are 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 North Carolina General Statutes and State design manuals. BACKGROUND: As Planning staff shared during the May 18, 2021 public hearing to adopt UDO amendments related to North Carolina General Statute (NCGS) 160D, additional amendments related to stormwater Performance Guarantees were necessary and were moving forward on a separate path for consideration. The proposed UDO amendments proposed now seek to specifically: • Ensure that County regulations are consistent with NCGS Chapter 160D-804.1, related to the acceptance of Performance Guarantees; • Update existing E&SC and Stormwater Management regulations to coincide with 15A North Carolina Administrative Code (NCAC) Chapter 4: Sedimentation Control Rules, 15A NCAC 02H .1000 through .1062: Stormwater Management Rules, the most current North Carolina Department of Environmental Quality (NCDEQ) Erosion and Sediment Control Planning and Design Manual, and the most current version of the NCDEQ Stormwater Design Manual; 2 • Ensure that County implementation of its delegated Local Programs for E&SC and Stormwater Management conforms with the NCDEQ's most current Rules and Model Ordinances related to E&SC and Stormwater Management; • Clarify/refine County requirements for Stormwater Control Measure (SCM) Performance Guarantees; • Clarify/refine County requirements for annual SCM monitoring and 5-year inspections, and eliminate unenforceable County requirements for SCM maintenance guarantees; • Provide more equitable Land Disturbing Permit (aka "grading permit") timeframes; and • Update E&SC and Stormwater Management terms, definitions, and standards to be consistent with the most current North Carolina NCDEQ rules/guidance. Joint Planning Area (JPA) Review: In accordance with the Joint Planning Agreement with the Towns of Chapel Hill and Carrboro, the UDO amendment package was sent to Town staffs on July 30, 2021, April 12, 2022, and April 25, 2022. The Town of Chapel Hill staff sent the comments contained in Attachment 6 on April 18, 2022. The Town of Carrboro planning staff sent the memorandum contained in Attachment 6 on May 16, 2022. Both Town staffs found no inconsistency with the Joint Planning Area Land Use Plan. Planning Board Recommendation: The Planning Board reviewed this item at its May 4, 2022 regular meeting and its September 7, 2022 regular meeting. At the September 7, 2022 regular meeting, the Planning Board voted unanimously to recommend approval of the amendments. An excerpt of the approved minutes from the May 4, 2022 meeting are included in Attachment 4. An excerpt of draft minutes from the September 7, 2022 meeting and the signed Statement of Approval and Consistency are included in Attachment 5. Materials for these Planning Board meetings are available at: http://orangecountync.gov/AgendaCenter/Planning-Board-26. Prior to making its recommendation, the Planning Board reviewed the materials in an "Ordinance Review Committee" (ORC) meeting on August 4, 2021 . An excerpt of the approved meeting notes from the August 4, 2021 meeting are included in Attachment 3, and materials for that meeting are also available at: http://orangecountync.gov/AgendaCenter/Planning-Board-26 Planning Director's Recommendation: The Planning Director recommends approval of the Statement of Approval and Consistency as contained in Attachment 1 and approval of the UDO Amendments 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. The proposed amendments will improve financial security of SCM performance and compliance with State nutrient management strategies. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. 3 ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impacts associated with this item. RECOMMENDATION(S): The Manager recommends the Board: 1. Receive the proposed UDO amendments as detailed in this abstract and attachments; 2. Conduct the public hearing and accept the Planning Board recommendation and staff/public comment(s); 3. Close the public hearing; and 4. Vote to Approve the Statement of Approval and Consistency (Attachment 1) and UDO Amendments (Attachment 2). OR Vote to Deny the Statement of Approval and Consistency and UDO Amendments due to a stated rationale of inconsistency with the County's adopted plans. 4 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 to ensure 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 (SCC) 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 Board of County Commissioners hereby approves 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 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 Board of County Commissioners hereby adopts this Statement of Approval and Consistency as well as the findings expressed herein. Renee Price, Chair Date Attachment 2 5 Ordinance # ORD-2022-023 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY Whereas, Orange County regulates Erosion and Sedimentation Control and Stormwater Management (for non-farmland related development activities) as a state delegated Local Program under the general oversight of the North Carolina Department of Environmental Quality (NCDEQ), and Whereas, Orange County must amend the Orange County Unified Development Ordinance (UDO) to ensure that County regulations specific to Erosion and Sedimentation Control and Stormwater Management 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 (SCC'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, and Whereas, County staff has completed necessary amendments to the Orange County Unified Development Ordinance, and Whereas, the requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance have been deemed complete, and Whereas, the Orange County Planning Board has recommended approval of the proposed text amendments, and Whereas, the County has held the required public hearing and has found the proposed text amendments are consistent with the goals and policies of the adopted Comprehensive Plan. Be it ordained by the Board of Commissioners of Orange County that the Unified Development Ordinance of Orange County are hereby amended as depicted in the attached pages. Be it further ordained that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion of Commissioner seconded by Commissioner , the foregoing ordinance was adopted this day of 12022. 6 I, Laura Jensen, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2022 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of 2022. SEAL Clerk to the Board of Commissioners 7 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. Some text on the following pages has a large "X" through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment or footnotes from previous sections `spill over' onto the included page. Text with a large "X" is not proposed for deletion. Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. Users are reminded that these excerpts are part of a much larger document (the UDO) that regulates land use and development in Orange County. The full UDO is available online at: http://www.orangecountync.gov/DocumentCenter/View/8305/Unified-Development- Ordinance-PDF 8 ARTICLE 2: PROCEDURES DECISIONREVIEW AND AUTHORITY The following table providesa brief synopsisofthe reviewand decision-making processes for development applications. 1111=�TABLE 2.1: REvlEVV AND DEcISION MAKING AUTHORITIES REviEw DM=DEcISION MAKER PH=PUBLIC HEARING EH=EvIDENTIARY H:R"INGW DEVELOPMENTZONING/DEVELOPMENT EROSION REVIEw RELATED PLANNING CONTROL ADVISORY :..-. OF PLANNING BOCC PROCEDURES DIRECTOR OFFICER COMMITTEE ADJUSTMENT BOARD(DAC) Zonin - Zoning Compliance R and DM R R Permits 's+ Erosion and Sedimentation Control R and DM p-R:A- Plansl Storm water Management R and DM Plans SMEs)l UDO Text Amendments R R R[1] DM and PH Zoning Atlas DM and Amendments R R R[1] 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 [1] The Planning Board reviews applicationsand makesa recommendation priortothe public hearing held by the Board of County Commissioners.The Board of County Commissioners maychoose to refer an application backto the Planning Board at the conclusion ofthe 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. • 2.2.1 Authority to File Applications (A) Applicationssubmitted under this Ordinance shall be submitted by the landowner, as identified by the recordsof the Orange County Tax Office, or their authorized agent. i Consistent use of"Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002(Definitions). z Added appropriate acronym for Stormwater Management Plans. Orange County, North Carolina— Unified Development Ordinance Page 2-1 9 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. ZONING • 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 OrdinaprzeaOrdinance, 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), 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 disturbancethresholds. 4 Text correction—reference to the applicableLand Disturbing Permit(LDP). Orange County, North Carolina— Unified Development Ordinance Page 2-7 10 (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. �-i 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. {kyU Projects needing a Performance Guarantee eteMeatS_6shall abide by the provisions of Section 2.27 of this Ordinance.7 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 Edit(s)based on Legal Sufficiency Review comments. 7 Cons i stent with Session Law 2019-79,and to avoid confusion,staff has created a central section addressingthe review/processing/acceptance of Performance Guarantees for projects involvingthe issuanceofa Zoning CompliancePermit or Subdivision final platapprova1. This is a s i mple reference to the new section deaIingwith Performance Guarantees. Orange County, North Carolina— Unified Development Ordinance Page 2-8 11 (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 Management Piglans (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 2-10 12 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- Disturbinadis# Activit ya 4 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 ua ra n to a of 1 m prove m Performance Guarantees (B) The 9W@Pante@ shall ho effenti�ie fnr 9:mnnt�c AAd shall inrludg the rust of the i^m'�r'rn�menu PI is 10a4-. (C) Prior to is;g_i_,A_Ac;A_ of any sit@ plan approval, the guarantee shall be approved by the the s-a-fis-faction of the County prior to of the zoning compliapce per (A) If a Performance Guarantee is required, the provisions of Section 2.27 of this Ordinance shall apply.8 8 Consistentwith Session Law 2019-79,and to avoid confusion,staff has created a central section addressingthe review/process i ng/a ccepta nce of Performance Guarantees for projects involving the i ss ua nce of a Zoning Orange County, North Carolina— Unified Development Ordinance Page 2-12 13 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 Activitydis#6irbing ashy 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 CompliancePermit or Subdivision finaI plat approval. This is a simple reference to the new section dealing with Performance Gua ra ntees. Orange County, North Carolina— Unified Development Ordinance Page 2-13 14 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 S©i-I-Erosion and Sedimentation Control Provisions9 (A) The Erosion Control Officer shall review all of the North Carolina Sedimentation Control Commission's revisions to the State's Model �3y'il-Erosiong10 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 sgiLllerosion 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. CONDITIONAL 2.9.1 Conditional Districts (A) Generally 9 Ti tl e of Section 2.8.10 revi sed s o a s to match the naming conventions of other secti on ti tl es related to "Erosion and Sedimentation Control PI a ns"as defined in 15A NCAC 02H.1002(Definitions). 10 Text correction—deleted "s". "Text correction—deleted "soil". Orange County, North Carolina— Unified Development Ordinance Page 2-28 15 (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, 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 orncinn and sQd0moAt@tion nnntrol 4apErosion and Sedimentation Control Plan12 is required, it shall comply with the provisions of Section 6.15 of this Ordinance. If an phinErosion and Sedimentation Control Plan 13 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: iz Consistent use of"Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002(Definitions). is Consistent use of"Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002(Definitions). Orange County, North Carolina— Unified Development Ordinance Page 2-44 16 (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.14 (}(7) 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. 14 Reference to new section. Orange County, North Carolina— Unified Development Ordinance Page 2-45 17 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 Performance Guarantee 15 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 Plan16CeAtrol and Stormwater Management Plan; 1s Reference to new section. i6 Consistent use of"Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002(Definitions). Orange County, North Carolina— Unified Development Ordinance Page 2-50 18 (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 (j) The County Attorney to review the format and appropriateness of proposed restrictive covenants, homeowners association agreements, road maintenance agreements, Pperformance G " 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 17 Consistentuse of"Performance Guarantees". Orange County, North Carolina— Unified Development Ordinance Page 2-51 19 (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 of this Ordinance.18 (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 Guarantee19 standards of Section i this U:: -.20 (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 any required Performance Guarantees.21 (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 22 (2) Auxiliary documents as required by Article 7 shall be submitted by the Planning Director to the County Attorney for review and recommendation. 18 Reference to new section. 19 Consistent use of"Performance Guarantee". 20 Reference to new section. 21 Consistentuse of"Performance Guarantee". 22 Language needs to be corrected as we no longer review subdivisions through the SUP process. Orange County, North Carolina— Unified Development Ordinance Page 2-55 20 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. 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), st-a#�nq a-WAiVE)r8ity Lake, GaA@ Greek, or Upper EAQ,._ greater th@A 20,000 sGIware feet, or greater th@A 10,000 Square feet ifwithiA the the owner or his/her appOiAWGI Financially Responsible Party shall obtain a Land Disturbing Permit (LDP) from the Erosion Control Officer. For developments that are sub,4ect to Orange County Stormwater Management requirements, if a permanent Stormwater Control Measure24 (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.25 (B) Land Disturbing Rermit&LDPs must be obtained prior to the start of the land Land-Disturbing Activity. (C) Every p@rrnit-LDP issued by the Erosion Control Officer shall expressly prohibit open burning of trees, limbs, stumps and construction debris associated with the permitted aGti,At 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 @'rlh dlist srh.pq act'W'QsLand-Disturbing Activities. "Section 2.18 title updated to includeappropriateacronymfor Land Disturbing Permits(LDPs)-NOTE "LDP"is integrated through the remainder of Section 2.18, where applicable. 24"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. 25 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 disturbancethresholcls specificto each watershed within Orange County, 2) better refl ect current sta nda rd operati ng procedures for obta i ni ng a La nd Di sturbi ng Permit,3)i ncl udethe requirement for a performa nce gua ra ntee ifanSCM is required as pa rt of Land-Disturbi ng Activiti es,4)replace the term "duly appointed agent" with "Financially Res pons ibleParty"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 2-59 21 (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 2-60 22 2.18.2 Application Requirements (A) An application for an LDP shall be filed with the Erosion Control Officer on forms provided by the Planning Department. (B) An Erosion and Sedimentation Control Plans26 must be approved prior to issuance of a Land Disturbing an LDP. 2.18.3 Exemptions AnNG 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 Land-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. (C-41 D) For Land-Disturbing Activity exclusions as defined in Section 6.15.4 of this Ordinance.27 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 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 RexritsLDPs (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 LDP28appreved under this Ordinance. Erosion and Sedimentation Control Plans associated with an approved LDPApprevals shall expire three (3) years2918 PqApths after the LDP approval date unless the Land-Disturbing Activity is started as defined in (C) below. (B) Land Disturbing Permits LDPs 30 (1) An LDP L AAA DiStUrbiAg Permit must be obtained before beginning the disfudbQAse—Land-Disturbing Activity and may be obtained at any time as long as the associated Erosion and Sedimentation Control Plan Appro 4—approval31_is valid. z6 "Erosion Control Plan"replaced with "ErosionandSedimentation Control Plan"as defined in15ANCAC 02H.1002(Definitions)—NOTE. "Erosion and Sedimentation Control Plan"is integrated through theremainder of Section 2.18, where applicable. 21 Added criti ca I reference to ful I I i st of exempt land-disturbing activities. 28 The "LDP" is the actual permit;therefore the associated approved Erosion and Sedimentation Control Plan is i nherently I i nked to the 3-yea r expi rati on of the LDP. 29 Three yea rs i s the current expi rati on ti me fra me for LDPs. 31 Original Is 2.18.5(8)(2)has been deleted entirely. 31 Text correction—decapitalized"approval". Orange County, North Carolina— Unified Development Ordinance Page 2-61 23 cndimontatinrl_GQAtrnlrnntrnl IagPlon Approval onn32 , rligti rhonre lonrl_rligfi irhin ortirifii hoc bene m GAG@ the digti 1rbonre lonrl_ rlig#i irhin ortie#v beoing the I rli7o I onrl Disturbing Derma# ig VAIl t fnr o neriorl of two years Stal4ing With thO GQrnM@AG@M@Pt of the fi irhonrelonrl_rligfi irhin as Refiner! in (G) below (4(2 The I @Ad flictiirhino permi+LDP must be renewed every two (2) years, from Ga (4o# bogie With the firse �n t I DR rneiol rens JPQd nn IooWR i tQr thou if the drboe nr two �2� „ears after the start of activity as defined in (C) below... Thorn ig nn 34 (C) Start of Activity For the purpose of determining the expiration date of the Erosion and Sedimentation Control PlanControl RlaP Approval—approva135—and/or ' 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. 2.19.1 Generally An€rQg'o�Erosion and Sedimentation Control Planta .. . . .lar�37 shall be prepared for all Land- Disturbing Activities subject to this Ordinance whenever the proposed astkAty Land-Disturbing Activity exceeds the thresholds as defined in the Orange County Watershed Matrix (Table 4.2.10 of this Ordinance).38 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.39i5; to be 6-AdArtoLen nn o troy# romnriginn mnro #hon 20,000 gni lore fan# if more thou 20,000 gni lore foo# ora to ho i inrn%iererl 2.19.2 Application Requirements (A) An application for approval of an GrQsiop Erosion and Sedimentation Control PlanCQAtr9l Flap shall be filed with the Erosion Control Officer on forms provided by the Planning Department. (B) ThrAQOne electronic copy and two hard copies40 of the F=ms'op Erosion and Sedimentation Control Plan CeAtrel RlaP shall be filed with the Erosion Control Officer. "Text GGFFesti9"_deG pitalized"appreyal". tWG=p -5�rftPrSt ir, h � p� ;r 1-IrbiRgAGtiyit�­p9 i nom_ i fees.. 34 Edit(s)based on Legal Sufficiency Review comments. 35 Text correction—decapitalized"approval". "Title of Section 2.19 revised soas to match the naming conventions of other section titles related to "Erosion and Sedimentation Control Plans"as defined i n 15A NCAC 02 H.1002(Defi ni ti ons). " "Erosion Control Plan"replaced with "Erosion and Sedimentation Control Plan"as defi ned i n 15A NCAC 02H.1002(Definitions)—NOTE. "Erosion and Sedimentation Control Plan"is integrated through the remainder of Section 2.19, where applicable. 38 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 disturbancethresholds s pecificto each watershed within Orange County. 39 Added new I a nguage so as to comply with the state's current E&SC Model Ordinance. 41 Req u i ri ng one el ectron i c copy a nd two ha rd copi es wi I I a I low for effi ci ent Depa rtmenta I fi I i ng of pl a ns a nd wi I I avoidthe need for staffto scan ha rd copies. Orange County, North Carolina— Unified Development Ordinance Page 2-62 24 (1) The Erosion Control Officer shall forward one copy of the Er^crvmvri^n Erosion and Sedimentation Control PlanGertreI Rlap to the Orange Soil and Water Conservation District at least 30 days prior to the commencement of the proposed asfiv+yLand-Disturbinq Activity. (C) The Erosion Control Officer shall forward one copy of the Frosioi^n Erosion and Sedimentation Control PlanGe+tel RIAA to the Director of the NC Division of Energy, Mineral, and Land Resources41 � for any land diRtUrhiAg ati,At„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 PlanS42 (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).43 In order to be considered complete, a plan submitted for approval must contain the proposed Erosion Erosion and Sedimentation Control PlanCei trQl Pl n, 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 plap Erosion and Sedimentation Control Plan are received. (B) Erosion and Sedimentation Control Plan Content (1) The Erosion and Sedimentation Control Plan required by this section shall contain such architectural and/or44 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 Erosion and Sedimentation Control Plan shall comply with all applicable State and local regulations for erosion and sediment control. (3) Erosion and Sedimentation Control PlanP4an 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 land_, s - T 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 Fsi^n Erosion and Sedimentation Control PlanGeAtml—Plan is conditioned on the applicant's compliance with Federal and State Water Quality laws, regulations, and rules. (D) Financial Responsibility and Ownership 41 Appropriate Division name. 42 Text correction—added "s". 43 E&SC plans mustfollowthe most current Chapter 4and Design Manual guidelines. 44 Text correction—added "/or". Orange County, North Carolina— Unified Development Ordinance Page 2-63 25 (1) Erosion and Sedimentation Control PlansPlAns may be disapproved unless accompanied by an authorized statement of financial responsibility and documentation of property45 ownership. This statement shall be signed by the Financially Responsible Party46 for the ';;Ad- Land-Disturbing Activity or his/hero' attorney-in-fact. (2) The statement shall include the mailing and street addresses of the principal place of business of: (1) the POPSGA fiAaAGially rQSPOAGiblaFinancially Responsible Party, (2) the owner of the land, and (3) any registered agents. (3) If the 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 planErosion 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 €r,@RMAA Erosion and Sedimentation Control Plante must include the owner's written consent for the applicant to submit a draft Frei^^ Erosion and Sedimentation Control PIanCAPtmI Plap and to conduct the anticipated laad- distwrbiAq Activity. (4}(5) 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 project.48 2.19.4 Review by the Soil &Water Conservation District (A) The Orange Soil and Water Conservation District shall review the Emgio,i^^n Erosion and Sedimentation Control PlanCAptrol Rlao and submit any comments and recommendations to the Erosion Control Officer within 20 days after the Soil and Water Conservation District received the€-res'ApErosion 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 Conservation49 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 theFri^n Erosion and Sedimentation Control PlanC_^^+ l 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 contains the required components as defined in Section 2.19.3 of this Ordinance50 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 rejection, and of the appropriate review fees. An Erosion and Sedimentation Control 4s Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC. 46 "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. 41 Text correction—added "/her". 48 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC. 49 Text correction-clarification. so Edit(s)based on Legal Sufficiency Review comments. Orange County, North Carolina— Unified Development Ordinance Page 2-64 26 Plan submittal is not considered complete until the appropriate review fees have been paid in full.51 Ldp 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, theTlae Erosion Control Officer shall within 30 business days of re(4pt thei:&of will notify the Erosion and Sedimentation Control Plan that it hhAs bew4applicant in writing that the complete Erosion and Sedimentation Control Plan has been: (1) Approved, (2) Approved with modifications, or (3) Approvocl with GoAditiGAS, (4) Approved with performanGe 52 (6}131 Disapproved. (B)(Q Examples of approvals with modifications include , 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; (4}131 Requiring the -Financially Responsible Party to retain the services of a professional engineer or architect to supervise implementation of the approved €r-o&ion, Erosion and Sedimentation Control PlanSorltrsl RWP. (G_)LLDisapproval of an Erosion and Sedimentation Control Plan plan must specifically state in writing the reasons for disapproval. 2.19.6 Timeframe for Review of NGW_53Erosion and Sedimentation Control Plan_,54 Failure by the Igor to approve approve with gonditionc appmVa with "-An Erosion and Sedimentation Control Plan shall be deemed approved if not otherwise acted upon by the Erosion Control Officer within 30 calendar days of the Erosion Control Officer's determination that the Erosion and Sedimentation Control Plan submittal is complete.56 2.19.7 Required Revisions (A) If, following commencement of a Land-Disturbing Activity pursuant to an approved Erosion and Sedimentation Control Plan, the Erosion Control Officer determines that the . n-Erosion and Sedimentation Control Plan-is inadequate to meet the requirements of the 57 erosion and sedimentation provisions of this Ordinance, the s1 Added clarification herethat a plan submittal is notconsidered complete until review fees are paid. 51 "Approved with conditions"and"Approved with performance reservations"havebeen eliminated based on most current NCAC changes(15A NCAC 046.0118),revised based on NCDEQ peer review comment. 53 Edit(s)based on Legal Sufficiency Review comments. 14 Text correction—added "s". -54 Thio Sectipp vas clarified/refined hosed nn NQ)EQ PeeF on+ 56 Edit(s)based on Legal Sufficiency Review comment from July28,2022. 57 Deleted "soil". Orange County, North Carolina- Unified Development Ordinance Page 2-65 27 Erosion Control Officer may require any revision of the plan-Erosion and Sedimentation Control Plan that is necessary to comply with the && 58erosion and sedimentation provisions of this Ordinance. (B) After approving an Fsinn Erosion and Sedimentation Control PlangoAtml-flan, if the Erosion Control Officer, either upon review of such Erosion and Sedimentation Control Plan-plan: 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 PlanRtan. (C) Pending the preparation and approval of a revised Frn�rinn 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 Plans59 o0h,re hv the Frnsion Control Officer to o rrn ie o rrn ie w*th mnrlifinntinnc nr rliso Mn p 2pdmmoptAtlop Control PIAQ.Failure to approve, approvp with 0-gPdoti -ions, approve -vi& deerned approval of the pi '5©A revised Erosion and Sedimentation Control Plan shall be deemed approved if not otherwise acted upon by the Erosion Control Officer within 15 calendar days of the Erosion Control Officer's determination that the Erosion and Sedimentation Control Plan submittal is complete.61 2.19.9 Time-frame for--Response to Review Comments62 (A) The applicant for the Erosion and Sedimentation Control Plan shall submit written responses to aqy�63all written review comments from the Erosion Control Officer and shall submit a revised Erosion and Sedimentation Control Plan.the nersnn or firm si ihmittinn An Frnslnnernslnn onrl serlimentotinn (`nntrnl Dlon rnntrnl Ion foils to resnnnrt t ......-.its or GorrespoAdepi;;A fi:opq the Erosion Goptpol OffiGer vVith either P&AsW Plans ol: i.A.4roUpp corr@spondQPc;A_ v_4thip 90 days, the Erosion GQPtMI OffiGer shall asswrpe that ahandoP847 (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 Ordinance64, Fromm iop Erosion and Sedimentation Control PlanOeAtrel RIAA review fees are not refundable. 2.19.10 Erosion and Sedimentation Control Plan Amendments (A) Applications for amendments to-of an approved Fmsinn Erosion and Sedimentation Control Plan sentKel-p4a in written and/or graphic form may be made at any time under the same conditions as the original application. 58 Deleted "soil". 69 Text correction-added "s". "Thio ;.,stirs,w s Clarified/rofippd h-,o,,d op NC;PE peeF FeviiQweemmpnt 61 Edits)based on Legal Sufficiency Review comment from July28,2022. 62 Title of Section 2.19.9 was refined to better reflection section content. 63 Edit(s)based on Legal Sufficiency Review comments. 64 Reference to "this Ordinance". Orange County, North Carolina— Unified Development Ordinance Page 2-66 28 (B) Until such time as said amendment is approved by the Erosion Control Officer, the land- Land-Disturbing Activities shall not proceed except in accordance with the F=resaeAErosion and Sedimentation Control PlanGeptrel Plan as originally approved. (C) The provisions of subsection 2.19.7 (B)and (C) of this Ordinance65 shall also apply to amended €re&ionErosion and Sedimentation Control Plans. 2.19.11 Consideration of Applicant's Past Performance (A) The Erosion Control Officer may disapprove an Frpsinn Erosion 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 Land-Disturbing Activity without an approved Frei^^ Erosion and Sedimentation Control PlanSeAtrel Wim, or has received notice of violation of an Fr^cmgmA ri^r' Erosion 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 Energy, Mineral, and Land Resources 66 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 Frosiop Erosion and Sedimentation Control PlanCoAtrol Rlau was disapproved. 2.19.12 Erosion and Sedimentation Control Plan Available oUOn67 Site A copy of the approved Frei^^ Erosion and Sedimentation Control PlanCeAtrel Rlan 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.68 at all 2.19.13 Notice of Activity Initiation No Pperson may initiate a Land-Disturbing Activity before notifying the Erosion Control Officer of the date that Land-Disturbing Activity will begin. 65 Reference to "this Ordinance". 66 Appropriate Division name. 61 Text correction—replaced`of' with "on". 68 Added languageso as to complywith the state's current E&SC Model Ordinance. Orange County, North Carolina— Unified Development Ordinance Page 2-67 29 2.19.14 Preconstruction Conference When deemed necessary by the Erosion Control Officer a preconstruction conference may be required and sha1160 be noted in the Ip ans 70 2.19.15 Transfer of Plan S71 (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 comms 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 comms 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). 69 Edit(s)based on Legal Sufficiency Review comments. 70 Revised per NCDEQ peer review comment (15A NCAC 046.0120). 71 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 2-68 30 STREAM BUFFERS-USE AUTHORIZATION CERTIFICATE 2.20.1 Use Authorization Certificate (A) Application Requirements (1) An application for a Use Authorization Certificate shall be filed with the Erosion Control Officer on forms provided by the Planning Department. (2) Complete applications shall include the following: (a) The name, address and phone number of the applicant; (b) The nature of the activity to be conducted by the applicant; (c) The location of the activity, including the jurisdiction; (d) A map of sufficient detail to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimensions of any disturbance in riparian buffers associated with the activity, and the extent of riparian buffers on the land; (e) An explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to the riparian buffer, presence 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. (13) 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 4wality- Resources of the North Carolina Department E of- Environmental Quality (NCDEQ)72 for a decision. STORMWATER MANAGEMENT Stormwater Management Plan (A) Application Requirements 72 Correction of entity name. 73TitleofSection 2.21 revisedto includethe text "PLANS (SMPs)"soasto differentiate Section 2.21from Section 6.14 andto includethe appropriate acronym for Stormwater Management Plans(SMPs)—NOTE: "Stormwater Management Plan"and"SMP"are integrated through the remainder of Section 2.21,where applicable. Orange County, North Carolina— Unified Development Ordinance Page 2-69 31 (1) 9epaI4MertA 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).74 (B) Plan Requirements (1) Any proposed permanent Stormwater Control Measures (SCMs)75 must be shown as part of the SMP and must accompany the WapLand Disturbing Permit (LDP)76 application submittal package77. SCMs al:@ tosha1178 meet the requirements of the most current version79 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 per the requirements of Section 6.14 of this Ordinance80.81 must be included in the LDP application submittal package82. (3) SCMs that are designed, constructed and maintained in accordance with the most current version83 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, the84 approved accounting tools_85, and the86 requirements listed in Section 6.14 of this Ordinance87_will be presumed to meet the required performance standards of Section 6.14 of this Ordinance88. 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 Ordinance89. (C) Plan Approval The Erosion Control Officer is authorized to approve any SMP which is in conformance with the performance standards specified in the most 74 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 disturbancethresholds specificto each watershed within Orange County. 11 "Stormwater Control Measures"is correctly noted to match the Definitions section of this Ordinanceand 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. 71 "Land DisturbingPermit"is correctly noted to match the Definitions section of this Ordinanceandthe appropriate acronymfor Land DisturbingPermit(LDP) is included—NOTE. "Land Disturbing Permit"and"LDP" are integrated through the remainder of Section 2.21,where applicable. 71 Cons istent use of"application submittal package'. 78 Text correcti on—gra mma r fi x. 79 Cons i stent reference to"most current vers ions"ofSubchapter 02H and the NCDEQ Stormwater Design Manual. 81 Edits)based on Legal Suff i ci ency Revi ew comments 81 Added the text "as applicable",sincenutrientexport caIcuIations arenot req uired inthe Cape Fear River Basin. 82 Cons istent use of"application submittal package'. 83 Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual. 84 Text correction—added "the". 81 Text correction—added "s". 11 Text correction—added "the". 87 Consistent reference to"this Ordinance". 88 Consistent reference to"this Ordinance". 89 Consistent reference to"this Ordinance". Orange County, North Carolina— Unified Development Ordinance Page 2-70 32 current version90 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 Plana Prerequisite The Erosion Control Officer is not authorized to issue any permits-LDPs for development on any land that is defined as new development under Section 6.14 of this Ordinance unless and until an SMP 2t„rPAy.4Ptor ISA@A@9@mont Dion in compliance with the requirements of this Ordinance has been approved. (E) Design of Permanent Nutrient Export Reduction Stormwater Control Measures 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 plap-SMP with the Engineer's Certification of Stormwater Management affixed, signed, sealed and dated. 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. 90 Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual. Orange County, North Carolina— Unified Development Ordinance Page 2-71 33 (b) 1 year (365 days) in cases involving the appeal of an Ordinance amending the UDO, (c) 3 years (1,035 days) in cases involving an appeal based on an alleged defect in the adoption process of an Ordinance amending the UDO. 2.26.6 Water Supply Watershed Critical Area Boundary Line Appeal applications disputing the Planning Director's decision regarding the location of a Water Supply Watershed Critical Area boundary line shall be accompanied by: (A) A survey prepared by a North Carolina registered land surveyor or professional engineer depicting the differences between: (1) The locational criteria in Section 4.2, (2) The official Watershed map on file in the Planning Department, and (3) The boundary line the applicant asserts is correct. (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 I-Erosion and Sedimentation Control Plan91 (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, of an FI"f1LTv8ivrri(A Erosion and Sedimentation Control Plan shall be governed by the following provisions: (1) The disapproval or modification of , attached to any proposed E''Ri^^^ Erosion 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. 91 Consistentuse 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 2-78 34 (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 Fr^c�gsigp^n Erosion and Sedimentation Control Plan. (d) The Board of County Commissioners will render its final decision on any FrQs'Qri^^^ 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 AacthAties occurring within 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 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 FrcTosiop^n Erosion and Sedimentation Control Plan. (d) The said appropriate town or city board will render its final decision on any Fr9;^„ 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 , of a proposed Frosiop 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 la-Ad-d st irh n„ aGti,4yLand-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. Orange County, North Carolina— Unified Development Ordinance Page 2-79 35 2.26.9 Stormwater Management Plan (A) Appeals of the Erosion Control Officer's decision on a Stormwater Management Plan (SMP)92 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 stprmwater YYl@Yl^JlY@PA@At SMP upon which a hearing is requested within 30 days of receipt of the recommendations from the Planning Board. 2.26.10 Appeal of Stop Work Orders Regarding Stormwater Management Plan93 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 S_am' Erasio n and S_e-dime-ntatman cantrQ4 R4axnErosion and Sedimentation Control Plan94 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 ,;95-.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 91 Reference to the appropriate acronym for Stormwater Management Plan(SMP)—NOTE. "SMP"is integrated through remainder of Section 2.26,where applicable. 93 Consistent reference to"Stormwater Management Plan". 94 Consistent reference to"Erosion and Sedimentation Control Plan". 95 Deleted "soil". 96 NEW SECTION. Orange County, North Carolina— Unified Development Ordinance Page 2-80 36 shall be reviewed for compliance with applicable standards contained within Section 6.22 of this Ordinance- 97 (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 iinai action on tine 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. (EL- 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. (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. 97 Reference to new section 6.22. Orange County, North Carolina— Unified Development Ordinance Page 2-81 Article 4: Overlay Zoning District Section 4.2: Watershed Protection TABLE 4.2.4 REsIDEWTIAL 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 StormwaterCsontrol MrReasures(SCMs)are required in some cases where density JORDAN-PW exceeds 1 dwelling unit per acre. Referto Section 4.2.5. BACK-PW Orange County, North Carolina— Unified Development Ordinance Page 4-6 Article 4: Overlay Zoning Distrix Section 4.2: Watershed Protection 4.2.5 Impervious Surface and Detention pnnd98 Requirements for Residential Uses TABLE 4.2.5.1: IMPERVIOUS SURFACE REQmEmEws (RESIDENTIAL) DISTRICT IMPERVIOUS SURFACE REQUIREMENTS (RESIDENTIAL) 6% impervious surface limit. EXCEPT for all lots which exsted priorto 4/2/90,which are subjectto 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 eitherbea minimumof2 acres in area,exclusive of any right-of-way or access easement,orcreated in accordance with established density regulations through the subdivision process to qualifyfor 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 subjectto 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 m inim um 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 qualifyfor additional im pervious s urface 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 lm pervious Surface Ratios—Upper Eno). [1], [2] 6% impervious surface limit. EXCEPT for lots which existed priorto 1/1/94,which are subjectto 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 m inim um of acres in area,exclusive of any right-of-way or access easement,orcreated in accordance with established density regulations through the subdivision process to qualifyfor additional im pervious surface allocation as detailed in Section 4.2.8(C). FLAT-PW 12%im pervious surface lim itfor new and existing lots. [1], [2] HYCO-PW 12%impervious surface limitforexisting and new lots outside of Transition Areas as designated in the Orange County Land Use Plan. [1], [2] 30%impervious surface limitfordevelopments which exceed adensity1 du/acrewithin U-ENO-PW Transition Areas as designated in the Orange County Land Use Plan. Stormwater BACK-PW ManagementPlans(SMPs)and/or StormwaterCsontrolMn}easures(SCMs)are required if impervious surface exceeds 12%. 70%im pervious surface lim itfor residential uses developed at"high intensity'densities (R-5,R-8,and R-13)in an Economic Development Districtas designated in the Land Use Elementof the Comprehensive Plan(high-densityoption)with SCMs if ISR exceeds12%. 24%impervious surface limitwith curb and gutter. 36%impervious surface limitwithoutcurb and gutter. [1], [2] 70%impervious surface limitfor residential uses developed at"high intensity'densities L-ENO-PW (R-5,R-8,and R-13)in an Economic Development Districtas designated in the Land Use Elementof the Comprehensive Plan(high-densityoption),with Stormwater Management Plans SMPs)and/or Stormwater Control Measures(SCMsjrequired 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 [11 Allowable impervious surface area maybe modified in accordance with Section 4.2.8 of the UDO. 98 Removed reference to"Detention Ponds"as that language isirrelevantandmisleadingtoreaders. 99 Removed reference to"Detention Ponds"as that language isirrelevantand misleadingtoreaders. 100 Removed reference to"Detention Ponds"as that language is irrelevantand misleadingto readers. Orange County, North Carolina— Unified Development Ordinance Page 4-7 Article 4: Overlay Zoning Distri59 Section 4.2: Watershed Protection IF TABLE 4.2.5.1: IMPERVIOUS SURFACE REQUIREMENTS (RESIDENTIAL) DISTRICT IMPERVIOUS SURFACE REQUIREMENTS (RESIDENTIAL) [2] Regardless ofthe proposed amountof impervious surface area,a Stormwater Management Plans(SMPs) and/or Storm water Control Measure(SCM) maystill be required based on the proposed amountofland disturbance on a given parcel of property in accordance with applicable Orange Count 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 IMPERVIOUSRATIOS UNIV, CANE, LITTLE, • UPPER ENO LOT SIZE(ACRES) ISR SQUARE FEET LOTSIZE(ACRES) ISR SQUARE FEET Cells in black DO NOT applyto the Upper Eno • 3.1 9.8 13,234 . • • •.: 3.0 10.0 13,068 • • 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 • 2.3 11.4 11,421 2.2 11.6 11,116 5.1 • 13,1072.1 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 District® Section 4.2: Watershed Protection UPPERTABLES 4.2.5.2 &4.2.5.3: SLIDING SCALE FOR RESIDENTIAL IMPERVIOUS SURFACE RATIOS— UNIV,CANELITTLE,AND ENO LOT SIZE(ACRES) ISR SQUARE FEET LOT SIZE(ACRES) ISR SQUARE FEET Cells in black DO NOT apply to the Upper Eno 3.2 1 9.6 1 13,382 0.2 15.6 1,359 4.2.6 Impervious Surface, Detention 120-nd, 101 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: •_- • -« - - ON-RESIDENTIAL DISTRICT IMPERVIOUS SURFACE REQUIREMENTS (NON-RESIDEN-nAL) UNIV-CA 5-acre minimum lotsize,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 m inim um lotsize AND 6% impervious surface limit.[1],[2] 5-acre minimum lotsize 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 limitof 1.0%of the watershed for non-residential use(139 acres in CANE-PW). [1], [2] 2-acre minimum lotsize 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 ofthe first inch of stormwater runoff;AND a limitof 1.0%of the watershed fornon-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 Elementof the Comprehensive Plan(high-densityoption)with Stormwater Management Plans(SMPs)and/or SstormwaterCsontrolMA;-easures(SCMs)ifISR exceeds 12%; AND 50%ISR for all fire stations and solid waste collection centers outside of Commercial and/or Com mercial- U-ENO-PW Industrial Nodes as designated in the Land Use Elementof 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/orCommercial-Industrial Nodes as designated in the Land Use Elementofthe Comprehensive Plan; AND on-site infiltration ofthe first inch of stormwater runoff;AND A limitof 1,151 acres of non-residential use throughout U-ENO-PW(5.0%)and 163 acres throughout BACK-PW(1%). [1], [2] 50%ISR for all fire stations and solid waste collection centers;-AND HYCO-PW 12%ISR for all other non-residential uses;AND FLAT-PW on-site infiltration ofthe first inch of storm water ru noff;AN D limitof 1%of the watershed for non-residential use(37 acres in HYCO-PW, 66 acres in FLAT-PW). [1], [2] 101 Removed reference to"Detention Ponds"as that languageis irrelevantand misleadingto readers. 101 Removed reference to"Detention Ponds"as that languageis irrelevantand misleadingto readers. 103 Removed reference to"Detention Ponds"as that languageis irrelevantand misleadingto readers. Orange County, North Carolina— Unified Development Ordinance Page 4-9 Article 4: Overlay Zoning Distri9ttl Section 4.2: Watershed Protection TABLE 4.2.6: IMPERVIOUS SURFACE REQuRmEws DISTRICT 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 JORDAN-PW 24%impervious surface limit. [1], [2] [1]Allowable impervious surface area maybe modified in accordance with Section 4.2.8 of the UDO. [2] Regardless ofthe proposed amountof impervious surface area, a Stormwater Management Plan(SMP) and/ora Stormwater Control Measure(SCM) mav104s#a4be required in accordance with applicable local and State standards based on proposed land disturbance and/ora 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 amountof impervious surface for non-residential uses throughoutthe watershed,not by the overall num berofacres 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 (SCM 105 4.2.7 Placement of treets, 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: 104 This footnote has been revised to match the same format as that used inTable4.2.5.1. 105 "Detention Ponds"replaced with "Stormwater Control Measures(SCMs)." Orange County, North Carolina— Unified Development Ordinance Page 4-10 Article 4: Overlay Zoning DistrigP 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 (by Orange County) and recordation (by the land owner(s)) of a Ddeclaration of limpervious Ssurface Re-Allocation form (provided by Orange County) and a corresponding scaled exhibit map. The Ddeclaration of Impervious Ssurface Rre-Aallocation formdesuflient and corresponding scaled exhibit map must clearly describe-eu#k;e the proposed site modifications, inclusive of the allowable impervious area(s) for each affected lot in square feet), the amount of existing9-Ad prepesed impervious area(s) for each affected lot (in square feet), and the amount of proposed 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).106 107 {C4LQL-Through the installation of a Sstormwater C6ontrol Mp4easure (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 106 Section 4.2.8 revised to better reflect current practice. 107 Edit(s)based on Legal Sufficiency Review comments, clarifying requirements of documents. Orange County, North Carolina— Unified Development Ordinance Page4-11 Article 4: Overlay Zoning Distrigits Section 4.2: Watershed Protection and the most current version of the Department of Environmental Quality (NCDEQ) Stormwater Design Manual, and this Ordinance.los (1) The proposed feature must be recognized by Orange County and the State as allowing for an increase in impervious surface area through an SAA Infiltration System 109 (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 Statamost 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 County"O and State regulations. The Planning Director shall cause an analysis to be made of the agreement by qualified representatives of the-Orange County111 and other agencies or officials as appropriate. Once approved, the document shall be recorded ati-P the Orange County Registerrar112 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 tom-Orange County 113 (7) The property owner, at its cost and expense, shall be required to execute and file with the-Orange County114 a Performance Guarantee t3! -ses�+r 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. -t a, The Performance Guarantee shall comply with the provisions cf Section 6.22 of this Ordinance.115 108 Consistent reference to the "most current versions"ofSubchapter 02H and the NCDEQ Stormwater Design Manual—addressed through remainder of5ection 4.2.8, AND, basedon Legal Sufficiency Review Comments. 109 Correct reference to "Infiltration System"as defined in the Definitions section ofthis Ordinance. 110 Consistent reference to "Orange County". 111 Consistent reference to "Orange County". 112 Text corrections. 113 Consistent reference to "Orange County". 114 Consistent reference to "Orange County". 115 Reference to new section. Orange County, North Carolina- Unified Development Ordinance Page 4-12 Article 4: Overlay Zoning Distril*4 Section 4.2: Watershed Protection 4.2.10 Orange County Watershed Matrixl16 Table 4.2.10 defines the land disturbance area thresholds (in square feet) that trigger the need for an Erosion & Sedimentation Control Plan and/or a Stormwater Management Plan. Back Creek 20,000 21,780 43,560 **NA **NA E Haw Creek 20,000 21,780 43,560 **NA **NA Q **NA **NA Q) Cane Creek *10,000 21,780 43,560 > Cane Creek Critical Area *10,000 21,780 43,560 **NA **NA w = Haw River (protected) 20.000 21,780 43.560 **NA **NA LL Lu Haw River (unprotected) 20,000 21,780 43,560 **NA **NA a Q **NA **NA v E Jordan Lake(unprotected) 20,000 21,780 43,560 Jordan Lake(protected) 20,000 21,780 43,560 **NA **NA 0 3 University Lake *10,000 21,780 43,560 **NA **NA (D Z University Lake Critical Area *10,000 21,780 43,560 **NA **NA Flat River 20,000 12,000 21,780 2.2 0.33 Little River 20.000 12,000 21,780 2.2 0.33 0 - - N J Upper Eno *10,000 12,000 21,780 2.2 0.33 � N w - Upper Eno Critical Area *10,000 z 12,000 21,780 2_2 0.33 U- 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 OHyco Creek 20.000 NA NA NA NA z a 0 South Hyco 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. Ll Nutrients listed in pounds/acre/year. [4143,560 square feet=1 acre. [5121,780 square feet=% acre. [61 10.890 square feet='/4 acre. Ll A site plan may also be constrained by stream buffer requirements and impervious surface limitations, in addition to typical zoning setback requirements. 116 NEW TABLE. Peer review comments included suggestionto move new Tabie4.2.10 to a new Section 4.2.10. Orange County, North Carolina- Unified Development Ordinance Page 4-14 Article 5: U"s Section 5.6: Standards for Service Uses (B) Submittal Requirements and Standards of Evaluation for Special Use Permit or Conditional Districts (1) Submittal Requirements In addition to the information required by Section 2.7-or 2.9, as applicable, the following information shall be supplied as part of the application for approval of this use: (a) Plans for all kennels, exercise yards, dog runs, pens and related improvements, including signage. (b) Site plan showing the improvements listed in a) above, other structures on the same lot, and structures on adjacent property. (2) Standards of Evaluation (a) The site is of adequate size to protect adjacent properties from adverse effects of the kennel. (b) No part of any building, structure, dog run, pen, or exercise yard in which animals are housed or exercised shall be closer than 150 feet from a property line, except property occupied by the owner/operator of the kennel. (i) The 150 foot setback established by this section shall not apply if all portions of the facility, in which animals are housed, are wholly enclosed within a building. (ii) For Class II Kennels developed within the EDE-2 zoning district, this setback shall not apply to dog training activities where each dog is under the immediate control of its trainer, owner, or other responsible individual. (iii) For Class II Kennels developed within the EDE-2 zoning district, all buildings, structures, dog runs, pens, or exercise yards in which animals are housed or exercised shall observe the principal setbacks established within Section 3.7 of the UDO in those instances where the property abuts other EDE-2 zoned property and US Highway 70. (c) Any kennel, including primary enclosures or runs, which is not wholly enclosed within a building shall be enclosed by a security fence at least six feet in height. (d) The site plan shows parking, access areas and screening devices for all buildings and animal boarding facilities existing or proposed for the property. (e) The site plan shall be reviewed by the Orange County Animal Services Department, and found in conformance with the Animal Control Ordinance. (f) Building plans for all kennel facilities shall be reviewed and approved by the Orange County Animal Services Department prior to issuance of any building permits. (g) All proposed signage shall comply with dimensional requirements as set forth within Section 6.12. (h) All necessary permits shall be obtained from Orange County Animal Services within the first 30 days of occupancy. Failure to obtain and maintain a valid Class II Kennel Permit or other related permits which may be required by the USDA or Wildlife Resources Commission will result in revocation of the Special Use Permit. Orange County, North Carolina— Unified Development Ordinance Page 5-30 Article 5: U"o 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 F�^^ 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: U.Vp Section 5.7: Standards for Recreational Uses (i v) 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 m@n@nomon+ plapStormwater Management Plan (SMP)11' 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; 117 Consistent use of"Stormwater Management Plan(SMP)". Orange County, North Carolina— Unified Development Ordinance Page 5-43 Article 5: U"8 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) nroieot QAQQ the instelle#inn is nomPlete 30% of the envoi int of the hoAd letter of credit, or esorAyi �eiill ho held) for 17 months or until the cite is es#ehlis herl whichever is greoterConsistent with Section(s) 2.27 and 6.22 of this Ordinance, a Performance Guarantee shall be required for the mitigation pro4ect-118 (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 Csontrol M444easures (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;119 (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. 118 Reference to new sections. 119 Correct reference to the most current vers i ons of North Ca rol i na Ad mi ni strative Code Title 15A Chapter 4: Sedimentation Control and the most current version ofthe NC Erosion Control Manual. There is no Orange County manual. Orange County, North Carolina— Unified Development Ordinance Page 5-44 Article 5: U"q 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 Environmental Quality (NCDEQ)120 and (d) Parameters for sampling shall be as provided in Section 5.7.3(G)(3) below. (3) Parametersfor 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 5.7.38(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, 120 Corrected entity reference. Orange County, North Carolina— Unified Development Ordinance Page 5-47 Article 5: Usk Section 5.7: Standards for Recreational Uses (iii) Storage areas, (i v) 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 ctnrMM.Qtor rotontiop sitosStormwater Control Measures (SCMS)121 (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 121 I's tormwater retention sites"rep Iacedwith "stormwater Control Measures(SCMs)", as any potential stormwater management requirements arenot limited to 'retention sites'. Orange County, North Carolina— Unified Development Ordinance Page 5-48 Article 5: U1�91 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 activity122 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 Ord in ance—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: Usk 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 t0123To 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); 123 Grammar correction. Orange County, North Carolina— Unified Development Ordinance Page 5-50 Article 5: U-M Section 5.8: Standards for Care&Educational Facilities (i) A Stormwater Management Plan SMP 124 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 Csontrol M4peasures (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 the Orange County most current version of the 9esi�a-A. - -- 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)125i# rules;Goptrol Program � (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 (i v) 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 114 Consistentuse of"Stormwater Management Plan(SMP)". "I Correct reference to the most current version of North Carolina Administrative Code Title 15AChapter 4: Sedimentation Control and the most current version of the NC Erosion Control Manual. There is no0rangeCounty manual. Orange County, North Carolina— Unified Development Ordinance Page 5-57 Article 5: Usk 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) An Erosion and Sedimentation Control Plan126 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 $500,000.00 per occurrence. 5.9.6 Solar Array (A) Standards for Accessory Use (1) Standards of Evaluation Residential and non-residential land uses shall be allowed to develop onsite solar arrays as a customary accessory use subject to submittal of a professionally 126 Consistentuse of"Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002(Definitions) Orange County, North Carolina— Unified Development Ordinance Page 5-63 Article 5: UIT5 Section 5.9: Standards for Utilities (c) Landscape Plan, at the same scale as the site plan, showing existing and proposed trees, shrubs, ground cover and other landscape material (d) A soils report denoting the types of soil on the property including detail on the compaction necessary to support the proposed development. (2) Standards of Evaluation (a) All on-site utility and transmission lines shall, to the extent feasible, be placed underground. (b) The height of proposed arrays and support structures shall not exceed 40 feet. (c) Individual arrays/solar panels shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way. (d) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (e) All mechanical equipment of principal solar energy systems including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight (8) foot high fence with a self-locking gate, and provided with screening in accordance with the provisions of Section 6.8. (f) The applicant shall submit proof of liability insurance covering bodily injury and property damage demonstrating a minimum coverage limit of$ 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 GO.Atr0l permitsLand Disturbing Permit(s)127 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. 127 Correct reference to "Land Disturbing Permit". Orange County, North Carolina— Unified Development Ordinance Page 5-67 Article 5: UEN 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 performance bony guarantee removal of the wireless support structure in the event that it is abandoned or unused a penoi-1 of 9:2 mgAthccot,- 128 (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. Q) 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 128 Michael Harveyedits. Orange County, North Carolina— Unified Development Ordinance Page 5-79 Article 5: Usf97 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. (i v) 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. security guaranteeing the remoim.l of the W-VA-4 0A th@ 0MR-At that ahapdo-ined ol: ed folc A- Period of 12 Months s hall be posted. A Go s-t 0 thp (45;timatQ 129 (L4k 1 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. Oi-)ju) 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. 129 Covered within subsection(5)below. Orange County, North Carolina— Unified Development Ordinance Page 5-84 Article 5: Us" 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. (i v) Orange County may make such requests at any time, not to exceed two times per year. (w4Lv_L- "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) __.Performance Guarantees (a) The applicant and/or the owner of record of a telecommunication support structure shall, at its-lest a dthei r Orange County, North Carolina- Unified Development Ordinance Page 5-85 Article 5: Us" Section 5.10:Standards for Telecommunication Facilities expense, be jointly requir4ad to execute and file with the County a Performance Guarantee q wr€ti s as are deorped suffiGiept by the Goupty-1c ensuring€ the faithful performance of the terms and conditions of this Section Section(s) 2.27 and 6.22 of this and apf- conditions of any Special Use Permit or Conditional District approval® ed P61PSW@At +„ this 2_Qgti„n 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 ho-Ad or sec_,, 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.130 (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. Iso Michael Harveyedits: NOTE TO JAMES BRYAN: my readingofthe new Statute indicates this is,ultimately,a performance guarantee that needs to be treated likeall other performance guarantees. Thoughts? Orange County, North Carolina— Unified Development Ordinance Page 5-86 Article 5: U"@ 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 Performance Guarantee.'31 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 • ' 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. 131 Consistent reference to "Performance Guarantee". Orange County, North Carolina— Unified Development Ordinance Page 5-90 Article 5: Uej Section 5.12:Standards for Extractive Uses (2) An Esq^^ Erosion and Sedimentation Control Plan132 lar has been approved by the ivision of Energy. Mineral, and Land Resources (DEMLR).133 (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. (i v) 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. 13z Consistent reference to "Erosion and Sedimentation Control Plan". 133 Reflects current name of the Division. Orange County, North Carolina— Unified Development Ordinance Page 5-94 Article 5: U"2 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. (j) 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-Disturbing Activity134 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) Tht; Board of County Gorn.m.iss-ionars shall requim for all Axtrprtivp uses aThe applicant shall be required to post a Performance Guarantee to ensure that the provisions of the Rehabilitation Plan are met. ski The Performance Guarantee ,;hall be on a form approved by the QouAty torn iirod by the Stott; thou tho di&ronro droll ho mono WP in o bQAd to shall be completed in accordance with the Provisions of Sections 2.27 and 6.22 of this Ordinance.135 134 Consistent use of"Land-Disturbing Activity". "I Consistent reference to Performance Guarantee sections of UDO, AND basedon Legal Sufficiency Review comments. Orange County, North Carolina— Unified Development Ordinance Page 5-97 Article 5: U"3 Section 5.21:Standards for Miscellaneous Uses (vii) Use of xeriscaping principles. (e) Stormwater Management (i) A Stormwater Management Plan (SMP)136 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 SMP. (iii) Subdivisions that include Sstormwater CGontrol 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 MAP-almost 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). 137 RAd thig X68; (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 (i v) 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 136 Consistentuse of"Stormwater Management Plan(SMP)"—NOTE. "Stormwater Management Plan"and "SMP"is integrated through the remainder of Article 5, where applicable. 137 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: Ue4 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 runoff138 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. 138 Consistentuse of"stormwater runoff'. Orange County, North Carolina— Unified Development Ordinance Page 5-126 Article 6: Development Standa" 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 N( CDEQ). 139 ,E (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. 139 Reflects current name of Department. Orange County, North Carolina— Unified Development Ordinance Page 6-14 Article 6: Development Standa`13� 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 -9;99925.00VQ— 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. iao Michael Harvey edit: Rate changed consistentwith current federal lawand guidelines classifies a userthat uti I izes 25,000 or greater as a Significant Industrial User(SIU). Orange County, North Carolina– Unified Development Ordinance Page 6-15 Article 6: Development Standa6tp 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 mar psr►dsStormwater Control Measures SCMs 141 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. 141 Stormwater management appurtenances are not restricted onlyto"stormwater ponds",replaced with "Stormwater Control Measures(SCMs)"for proper terminology and UDO consistency. Orange County, North Carolina— Unified Development Ordinance Page 6-34 Article 6: Development Standar Section 6.7: Additional Standards for MPD-CD Figure 6.7.2.A: MPD-CD Permitted Utility Adjustments Example Plan C- -. l 7 � i>o C] O Q \ Shift<50' r I+ wrww w V - p p Approved Utility Approved Stormwater Pond www Permitted Utility Adjustment Revised 5tormwaterPond 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 Lland_Disturbing Activi di=s4i iri,inn +i ri+i142 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 141 "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 Standa`13� 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 11pods"/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. 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 stormwater143 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 141 Consistent reference to "stormwater runoff'. Orange County, North Carolina— Unified Development Ordinance Page 6-37 Article 6: Development Standar 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 Standarlif Section 6.8: Landscaping,Buffers&Tree Protection A-s- A- letter of Gredit or perlbrmanGe bond) suffiGient to r-,o-%Q'r ll ll 0 of the instAllAd IandsGap ng costs'submitted in accordance with Section 2.27 of this Ordinance, has been alpprOyed.144 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. 144 Reference to new Section 2.27. Orange County, North Carolina— Unified Development Ordinance Page 6-50 Article 6: Development Standar 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-Disturbing Activities145 for buildings, parking, or storage, drainage, etc. are permitted within a required buffer. 141 Cons istent use of"Land-Disturb ingActivity". Orange County, North Carolina— Unified Development Ordinance Page 6-51 Article 6: Development Standar Section 6.13:Stream Buffers 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 Ltand--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 Standar 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 Lfand--Disturbing Activtvdisturbing aGtk4y 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 Lfand-Disturbing Activities 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 Lfand_ Disturbing Activities disturbing aGt*WiQ5;. Orange County, North Carolina— Unified Development Ordinance Page 6-94 Article 6: Development Standa" Section 6.13:Stream Buffers (3) The submittal of additional information and/or applications may be required prior to any _ Land-Disturbing Activity within a designated stream buffer, in accordance with the provisions of this Ordinance. (B) Additional Standards for Use s 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) I Isas-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 Standar 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 fasilityStormwater Control Measure (SCM)146 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 Control Measure (SCM), with or without a riparian buffer established adjacent to the SCM d.147 (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 DiWprsed#use, Flow Requirement (A) Dis grsedffuse flow of stormwater148 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 dispgrsedf#use flow before the stormwater runoff enters the stream buffer. 146 Consistentuse of"Stormwater Control Measure(SCM)". 147 Consistent use of"Stormwater Control Measure(SCM)'. 148 Consistent use of"stormwater runoff",typical. Orange County, North Carolina— Unified Development Ordinance Page 6-96 Article 6: Development Standar Section 6.14:Stormwater Management (C) Periodic corrective action to restore dispersed#u&@ 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. STORMWATER MANAGEMENT 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 more-additional149 stormwater runoff150 flowing directly into streams and other water bodies. Because this additional 151 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 and 152 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 prosy and infrastructure: safeguard the public health, safety, and general welfare, and protect water and aquatic resources.153 The purpose of the Board of County Commissioners in adopting stormwater management regulations is to protect the water quality of the streams that He within Oranae ounty by reducing and controlling stormwater runoff and addressing nutrient reductions for bot new and existing development. 6 1426.14.3 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. 149 Text correction-replaced"more' with "additional". 110 Consistentuse ofthe term "stormwater runoff'-NOTE. "stormwater runoff"is integrated throughthe remainder of Section 6.14,where applicable. 151 Text correction-added "additional". 152 Added "hydrological ly 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. 153 This languagewas pulled directlyfrom the Falls Lake Model Ordinance;provides greater context in Purpose. Orange County, North Carolina- Unified Development Ordinance Page 6-97 Article 6: Development Standar Section 6.14:Stormwater Management (B) Any jurisdiction-wide and/or inter-local approaches must be approved by the Orange County Board of Commissioners, and the North Carolina155 Environmental Management Commission before implementation. 6-1436.14.4 General Methods The following general approaches shall be utilized to minimize the effects of stormwater pollution on hydrologically connected aquatic ecosystems and156 drinking water supplies in Orange County: (A) Non-Structural Methods157 (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) Rua-e#Stormwater 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 Pi -of#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 TeGhniquesSystems'ss (a) The benefits of Infiltration Systems include, but are not limited to159: (i) Removal of both suspended and dissolved pollutants, (ii) Relatively low maintenance requirements, (iii) They redwce floodiAgRood reduction, (iv) They prometePromotion of groundwater recharge, and 155 Added "North Carolina". 156 Added "hydrological ly 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. 157 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. 168 "InfiItrationTec hniques"replaced with "Infiltration Systems"so as to better reflectthe definition and terminology contained in 15A NCAC 02H.1002(Definitions)—NOTE. "Infiltration Systems" is integrated through the remainder of Section 6.14, where applicable. 159 Text correction—added ", but not limited to". Orange County, North Carolina— Unified Development Ordinance Page 6-98 Article 6: Development Standar Section 6.14:Stormwater Management (y) They help maintainMaintenance of stream flow during dry periods.160 (b) Where on-site 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 designated161 for infiltration of A4P-e#stormwater 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) 1621n cases whererA non-structural mmethods may not adequately control the stormwater runoff generated by the first inch of rain from all project 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 and-other factors such as se elope, the presence of highly erodible soils, impervious soils, steep slopes, and/or lack of vegetative cover, permanent Stormwater Control Measures (SCMS)163, which capture stormwater runoff for slow release through ar►controlled outlet, are required. (2) Where required, SCMs shall be constructed in accordance with this Section. (C) Impervious Surface and Deteptiop PandSCM164 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. 6-1446.14.5 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 act�ik4ty-Land-Disturbing Activity165 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 aGt Land-Disturbing Activity that cumulatively disturbs greater than 12,000 square feet of land in order to establish, expand, or modify a 160 Text correction-grammar fixes within list. 161 Text correction-added "designated". 161 Section 6.14.4.6(1) re-formatted to improve readingdarityand fix grammar errors. 161 "Stormwater Control Measures"is correctly noted to match the Definitions section ofthis 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. 164 Consistentuse of SCM. 165 "Land-Disturbing Activity"correctlynoted to match the Ordinancedefinitions 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 Standaella Section 6.14:Stormwater Management multifamily residential development or a commercial, industrial or institutional facility. (c) New development that disturbs less than the above thresholds are exempt unless the new development is part of a larger common plan of development or sale and the larger common plan exceeds the above thresholds, even though multiple, separate or distinct activities take place at different times on different schedules. (2) Jordan Lake Watershed (a) Any a y-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 1456.14.6 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 Ordinance166 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 varsion167 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. 166 Consistent reference to "this Ordinance". 167 Consistent reference to "most current versions"of Subchapter 02H andthe NCDEQ Stormwater Design Manual. Orange County, North Carolina— Unified Development Ordinance Page 6-100 Article 6: Development Standavi Section 6.14:Stormwater Management (5) Proposedrepesed new development may satisfy the review criteria standards of this section by m hhepnoc�t�rlo binnmont hvdrol�or criteria cot Q-1-it i ha ter '2 of the meet recent Vercien of the North r�amlina I QVI IMDA 168using 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).169 (B) Additional Standards— Falls Lake Watershed (1) In addition to the standards contained in Section 6.14.6 (A) of UDOthis Ordinance170, 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.171 P Additional Standards — lard2n I2ka Wntarchad Qpd'papc;t;4�� 173 6 1466.14.7 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 tools 174) in accordance with the methodologies approved by the North Carolina Division of Water Resources (NCDWR).17e 168 NOTE: The original UDO text, "by meeting the post-development hydrologic criteria set out in Chapter 2 of the most recent version of the North Carolina Low Impact Development Guidebook"was accidentally deleted/accepted duringthis 1+year-IongUDO text amendment review process. For the purposed of universal clarity,the original text has been artificially added in herewith a stri keth rough font, so asto showwhatthe original textlooked like. This artificially added text must be deleted manuallyafter all TRACK CHANGES are eventually accepted for formal UDO adoption. 169 Section 6.14.6(A) 5 has been updated to refer to the state's current useof the term "Runoff Volume Match", rather than referencingthe now outdated 2009 LID Guidebook, AND basedon Legal Sufficiency Review comments. 170 Consistent reference to "this Ordinance". 171 Required per the state's most current Neuse-Tar-Pamlico Rules. C 1,r,of o tor,t r ofo r e r„-e t., Thio 0-1:di n Ac.@" 173 Section 6.14.6(C) is no longer needed, as the a I I owa bl e us e of"Ru noff Volume Match" methodology applies to both the Falls La ke Wa ters hed and the Jordan Lake Watershed,as specified in revised Section 6.14.6(A). 174 Text correction—added "s". 175 Revised to refer to NCDWR for approved nutrientaccountingtoo Is,rather than NCDEQ. Orange County, North Carolina— Unified Development Ordinance Page 6-101 Article 6: Development Standao!2 Section 6.14:Stormwater Management (C) If a proposed development subject to nutrient load requirements contributes nutrients greater than the standards listed above, the developer may install stormvia-Wr Control measures (SC 4s4aCMs 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 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 176 approved private mitigation bank, or other mitigation option as approved by the NCDEQ and Orange County. It is the policy of the177 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 ®nakiga4uo- t_p_r 178 116 Text correction—added "(DMS)'. 17 Text correction—added "the". 178 "Best Management Practices"deleted so as to avoid confusion with superseded BMP terminology. Orange County, North Carolina— Unified Development Ordinance Page 6-102 Article 6: Development Standao'll Section 6.14:Stormwater Management (1) Allowable on-site SCMs for nutrient reduction shall include those listed in the most current version179 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 180SCMs shall follow standards provided in the most current version181 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 tools 182. 6476.14.8 Peak Runoff Volume (A) Standards for Falls Lake Watershed (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 (44 184 (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. 614 86.14.9 Stormwater Management Plan SMP 18s (A) Required Approval 179 Consistent reference to "most current versions"of Subchapter 02H andthe NCDEQ Stormwater Design Manual. 180 Text correction—deleted "stormwater". 181 Consistent reference to "most current versions"of Subchapter 02H andthe NCDEQ Stormwater Design Manual. 182 Text correction—added "s". 184 Reference to 15A NCAC 02H.1002 (44)is sufficient. 185 Title of Section 6.14.9 revised to includethe appropriate acronym for Stormwater Management Plans(SMPs)— NOTE. "Stormwater Management Plan"and"SMP"are integrated through the remainder of Section 6.14, where applicable. Orange County, North Carolina— Unified Development Ordinance Page 6-103 Article 6: Development Standar Section 6.14:Stormwater Management The Erosion Control Officer shall not issue any perms Land Disturbing Permits L( DPs)186 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 SMP shall be deemed in violation of this Ordinance. (C) Enforceable Restriction Approval of the SMP 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 SMP. &-1496.14.10 Operation and Maintenance of Stormwater Control Measures (SCMs) (A) p^�*�of Performance Guarantee for SCMs187 —,k4-&CMsA_pproval of the SMP shall be conditioned on the posting of an SCM Performance Guarantee in accordance with Section 6.22 of this Ordinance189 if SCM construction is applicable. P A4449-.L (1') S@G irity fnr (`nn6;tr1 Artinn of R@q Wir@d ImPrQV9MQ etc 191 ( )a Permit aoolirant shall or@�A& one of the followipq as swrety for thecr� v -mv completion of required c,oW.kartible ipto c_,a_s_h -at faGe value payable to Grange County Qr4_C�2 18e "Land Disturbing Permits"is correctly noted to match the Definitions section of this Ordinanceandthe 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. 187 Clarification that postingoffinancial security is specific to"SCMs"only. 189 Reference to new Section 6.22. SECTION). 191 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 Standar Section 6.14:Stormwater Management r„� l)TotalCoost Al. Thp total cost Af the SCM shAll thA following: Other R_tA_IGt6IF@6; 2- aAd �. _DQR_i n9A aAd @A9inoorin d, (-rarlinry evraVatiee fill etr Tho rests of the SCM shall net be ererot@d as narf of a larger oreiert blit shall be rester) as a separate oreiert `b) Failure to Derform I-" bond or other seGurity, the County may obt;iin and -5;@ all or any portion Af the fi,nds PAcAss;; 194 (a) The P@rMit @PP'6(;@At shall deposit with QraA9@ QQWAty either cash Q 524 Of the tQ-t;-41 Gost period, whiGhever is greater-. Al. The es-timated cost of Maintaining the SGIVI shall be- 9 m 6.14.19(E3)(2). mo i etenanre rest for 25 years and MWItiplyiA9 this amen int by tyie_fifths or 0 lr���iL ire to perform Upon defau.lt of the owning entity to M@iAt@iA, repair and, and u1se all or any portion of the cash security to make neGessary 194 Staff recommendation is that Orange County shall no longer require Securityfor Maintenance of SCMs;to our knowledge, thistype ofsecurityis notrequired by General Statutes and proper long-term fund management is extremely problematic. Staffwill continueto investigate methodologies for potentially adopting and SCM Maintenance Guarantee into the UDO, via future UDO text amendment(s). Orange County, North Carolina— Unified Development Ordinance Page 6-105 Article 6: Development Standao�!) Section 6.14:Stormwater Management SuGh expenditures- of fi_-Adls shall only be made after exhausting (B) SCM195 Maintenance and Upkeep (1) SCM196 Operation and Maintenance Agreement(OMA)197 (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 agreement OMA must include the following: (i) Completed OMA cover sheet template as provided by the Erosion Control Officer,198 ii Name and address of the person or organization financially responsible for paying the- ai5-year SCM199 inspection feet; (4) iii Name(s) and address(es) of all parties to whom a copy of the annual SCM inspection report should go (+ii-) iv Name and address of the person or organization financially responsible for all maintenance specified in the annual SCM inspection report,:,--a-.A4 (v) Emergency contact information-, and 4v-)(vi) SCM Operation and Maintenance Plan in accordance with Section 6.14.10 U (2) of this Ordinance; the SCM Operation and Maintenance Plan shall be attached to the OMA as "Attachment A".200 (c) The Agreement OMA shall require the owning entity to maintain, repair and, if necessary, reconstruct the SCM in accordance with the eperat+se approved SMP.201 (d) The OMA shall be signed_-ap,d notarized_ and a@d202recorded203 with the Orange County Register of Deeds. (e) 2046I_IlQdiI.46iQARWhere a single entity (such as a 19sClarification that Maintenance and Upkeep is specificto"SCMs" only. 191 Clarification that Operation and Maintenance Agreement is specific to"SCMs" only. 191 Added the appropriate acronym for SCM Operation and Maintenance Agreement (OMA) —NOTE. "OMA"is incorporated through the remainder of Section 6.14, where applicable. 198 Sub-section added to reflectthe need to includeOra ngeCounty's cover sheet for SCM Operation and Mai ntena nce Agreements. 199 Correct reference to the 5-year SCM i ns pecti on fee. Ora ngeCounty does not enforce annual SCM inspection fees. zoo Sub-section added to reflectthe need to includethe SCM Operation and MaintenancePIan as an attachment to the SCM Operati on a nd Ma i ntena nce Agreement; cross-reference to the appropriate 0rdinancesectionprovided. 201 Sub-section revised to correctly indicatethat SCMs must be reconstructed in accordancewith the approved SMP. 202 Edit(s)based on Legal Sufficiency Review comments. ms Cl a ri ficati on that SCM Operation and Ma i ntena nce Agreement must be recorded. 204 Sub-section revised to clarifythe correct requirements for Ass ociations that arenot yet formed at ti me of OMA recordation. Orange County, North Carolina— Unified Development Ordinance Page 6-106 Article 6: Development Stands" Section 6.14:Stormwater Management homeowners association)ation will be assuming responsibility for all permanent SCMs, but has not yet been formed at the time of OMA recordation by the owning entity, a signed and notarized Association Declaration document --and-a revised OMA must be submitted for subsequent recordation at the Orange County Register of Deeds after the association is formed2o5 This must be ,,,,b„ t„tho The recorded version of the revised206 OMA and Association Declaration must be submitted to the Orange County Planning Department before the I QAd Disturbopq LDP may be closed, and before any remaining SCM Performance Guarantee funds Sys may be released. (f) The owner of each SCM, ,207 shall maintain it-the SCM 208 so as not to create or result in a nuisance condition. (g) Every @A9ip8@r@d 209SCM installed pursuant to this Ordinance shall be made accessible for adequate maintenance and repair by an SCM210 maintenance easement. The SCM maintenance211 easement shall be recorded at the Orange County Register of Deeds212 and 4s-the213 terms shall specify who make use of the SCM maintenance214 easement and for what purposes. (h) The owner of each @Ag'A@@r@d-215SCM shall keep records of SCM216 inspections, maintenances217, and repairs and shall submit the same upon reasonable request to the Erosion Control Officer. (2) SCM218_Operation and Maintenance Plan OMP 219 (a) 220An SCM Operation and Maintenance Plan (OMP) on and mA_,.At@PaAc;A_ plan or maRwal shall be provided by the develepe-owning entitv221 as an attachment to the OMA for each SCM in accordance with Section 6.14.10 (B) L) of this Ordinance. The OMP shall indicate fer the following: (i) What SCM222 operation and maintenance actions are needed, 205 Edit(s)based on Legal Sufficiency Review comments 216 Edit(s)based on Legal Sufficiency Review comments 207 An SCM is inherently engineered. 208 Clarification thatthe "SCM" shall bemaintained. 209 An SCM is inherently engineered. 211 Clarification that SCM maintenance easements are specificto"SCMs"only. 211 Clarification that SCM maintenance easements are specificto"SCMs"only. 212 Clarification that SCM maintenance easements must be recorded at Orange County Register of Deeds. 211 Text correction-replaced"its"with "the". 214 Clarification that SCM maintenance easements are specificto"SCMs"only. 215 An SCM is inherently engineered. 216 Clarification that records arespecificto"SCMs" only. 217 Text correction-deleted "s". 218 Clarification that SCM Operation and Maintenance Plan is specificto"SCMs" only. 219 Added the appropriate acronym for SCM Operation and Maintenance Plan(OMP)-NOTE. "OMP"is incorporated through the remainder of Section 6.14, where applicable. 210 Sub-section revised to clarifythe correct requirements forthe SCM Operation and Maintenance Plan;cross- reference to the appropriate Ordinancesection provided. 211 Consistent use of"owning entity". 222 Clarification that operation and mai ntena nce actions a respecific to"SCMs"only. Orange County, North Carolina- Unified Development Ordinance Page 6-107 Article 6: Development Standaola Section 6.14:Stormwater Management (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 OMA. (b) 223The standard ITI@iAt@A@PG@ plapQMP shall specifically address, but is not limited to: (i) AAY mGwi4qMowing of permanent vegetation, (ii) A^Y removalRemoval of woody vegetation (e.g. bushes, shrubs and trees) from the dam ^f a w@t d@t@Atinn ^^^dany dam and/or 224 berm structures, (iii) Reseeding of any eroding areas , Vis, (iv) Replacement+ng of impaired vegetation (v) Removal of sediment and/or debris from the 'trash rQGk' GA aAY inlet and outlet channels, inlet and outlet pipes, forebays, trash racks, and riser or barrel structures225, and (vi) Repair of any damage/deterioration to structural aspects of wEA R;4nd filtp-rsthe SCM. (c) The PlanOMPshall clearly indicate the steps that will be taken for restoring a SCM to its design specifications if an SCM226 failure occurs. (3) Landscaping and Grounds Maintenance (a) Landscaping and grounds maintenance shall be the responsibility of the owning entity. (b) Vegetation shall not be established or allowed to mature to the extent that the integrity or functionality227 of the SCM is diminished or threatened, or to the extent of interfering with any easement or access to the SCM. (4) SCM228 Repair or Reconstruction (a) Except for general landscaping and grounds maintenance, the owning entity shall notify th--Orange229 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 SCM230 improvements. 211 Sub-section revised to fixgrammar errors and improve readingclarity. 224 Edit(s)based on Legal Sufficiency Review comments 225 Edit(s)based on Legal Sufficiency Review comments 226 Clarification thatthis sub-section is referencingan"SCM" failure. 227 Text correction—added `or functionality". 221 Clarification that thi s sub-section is referencing"SCM" repa i r or reconstruction. 229 Consistent reference to "Orange County". 210 Clarification that improvements are specificto"SCMs" only. Orange County, North Carolina— Unified Development Ordinance Page 6-108 Article 6: Development Standar Section 6.14:Stormwater Management (c) All SCM231 improvements shall be made consistent with the approved plans and specificatieps of t'he SCM And, the operations and SMP, the approved OMA, and the approved OMP.232 (C) Inspections; ;and Rala;aga of 233 (aa) The crnn shall ho insnerterl by the Frncinn GOAtMI Offiger, after�ohe- en�m``Y gtifi� s hhFrp.�hor that all Werk has boon (;QMPIetRd 4t this; insnertign the QWAiA9 entity shall pro�Ad@• the 2C.M. rp_ady for filing with the Orange GOWAty Register of Deeds; and tho oxtont that tho Gt;npral Statute, Chapter 89A, allow) stating S- 0 1A/ater5;hQd Prntertinn GQMPlianGe Permit fgr the SCM-.2-34 re-inspeGted. (3) Re Ie;as_@ of Remaining SeGu ifv intenaAge agreement the rleyel C)P@r may rietitinn the Rnard gf CO Aty (b) Upon r@Geipt of said petition, th@ Erogiop C-QptrQl QffirAr hall 0ASPOE4 t ii-FW A d Ad (G) The Erosiep Control Qfficer shall present the petition, insPE)Gti0A report A-pd rec-,onAmendations- to the _Board of County CommissionArs @GG@PtS the POtitIGA, the developer shall deposit with Or@Ag@ GOWAty a Gash aMGWAt @96-Al to that described iA Se zsi Clarification that improvements are specific to"SCMs" only. zsz Clarification of SCM repair or reconstruction requirements. zss SCM Performance Guarantee requirements have been moved to Section 6.22(NEW SECTION). to GI arif„+he Gerr@Gt req6li rempAtl;. Orange County, North Carolina— Unified Development Ordinance Page 6-109 Article 6: Development Standa" Section 6.14:Stormwater Management if the _Roard of County Commissioners does- 'Pot aGcept the repo# and rej@Gts the petition, it shall pr&Ade the developer k4ith for the re-le-Ase of the p@PfQrPAAP(;@ WAG! AP AthAP 5;@GWrity. (4(5)—Annual SCM235 Inspection Required (a) All SCMs shall be inspected by the owning entity at least on an annual basis to determine whether the SCM is236 performing as designed and intended. (b) Records of inspections shall be submitted annually to the Erosion Control Officer on forms approved by Orange County. (c) Annual inspections shall begin within one year of the filing date of the deed for the 212M issuance of the Certificate of Stormwater Compliance for the SCM.237 (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 SCM238 improvements and the date by which the corrective action is to be completed. All SCM239 improvements shall be made consistent with the pl@AS @Ad mei AtQAQ ono r,I@r, or rr,aAwaapproved SMP and the approved OMA.240 After notification by the owning entity, the Erosion Control Officer shall inspect and approve the completed SCM241 improvements. (5Ak A n,,2I 5-Year SCM242 Maintenance Inspection Fee (a) The F-@�5-year SCM maintenance inspection fee for the first 5-year ep riod243 shall be paid before: (i) The issuance of the Certificate of Stormwater Compliance for the SCM.244 (ii) The release of up to 75% of the value of the SCM Performance Guarantee.245 (b) The fee-5-year SCM maintenance inspection fee shall be based upon the current Orange County Planning Fee Schedule, and shall be paid to Orange County following each mal-5-year SCM246 inspection. 235 Clarification thatan annual inspection ofthe"SCM" is required. 236 Reference to the "SCM" ratherthan "controls". 231 Clarification of requi rements. 238 Clarification thatthis is referencing"SCM" improvements. 239 Clarification thatthis is referencing"SCM" improvements. 240 Clarification of requi rements. 241 Clarification thatthis is referencing"SCM" improvements. 242 Correct reference to the S-year inspection fee. Orange County does not require annual SCM inspectionfees- NOTE. "5-year SCM maintenance inspection fee"is integrated through the remainder of Section 6.14,where warranted. 243 Clarification of requi rements,AND based on Legal Sufficiency Review comments. 244 Cl a ri ficati on of requi rements. 241 Clarification ofrequirements. 246 Cl a ri ficati on of requi rements. Orange County, North Carolina- Unified Development Ordinance Page 6-110 Article 6: Development Standagil Section 6.14:Stormwater Management (c) Failure to pay the 5-year SCM maintenance inspection fee shall be deemed a violation of this Ordinance. 6 14 106.14.11 Amendments to Approved Plans and SPGGifiGati0nS5CMS247 (A) Minor Amendments to Approved SCM248 Plans and Specifications (1) A.mRAdP4e.Ats-Minor amendments to the approved SCM plans and specifications shall 249 be approved by the Erosion Control Officer, provided that the proposed250 changes do not involve a change in the type of the SCM, a change in the location of the SCM, or an SCM area/volumeg4e increase greater than 50% of the approved SCM area/volume 251 (2) Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent that t-3,--General Statutes Chapter 89A: allows)252 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 SCM shall file sealed copies of the revisions with the Erosion Control Officer. (b) If the Erosion Control Officer disapproves the proposed253 changes, the proposal shallp4ayz54 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 aPPI+s@Atowning entity255 (c) The Erosion Control Officer shall report any such revisions to the @-9aa"-d t+ngPlanning Director. (B) Major Amendments to Approved SCM256 Plans and Specifications (1) Major amendments to the approved SCM plans and specifications 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 shall X57- be approved by the Board At CA-d-Aty GOMPAiGgi Planning Director258 after receiving a recommendation from the Erosion Control Officer. 247 Section 6.14.11 describes the processes for amendments/revisions to approved SCM plans and specifications, aswell as a mendments/revi s ions to the SCM Operationand Maintenance Agreement, sothetitleofSection 6.14.11 has been revised to"Amendments to Approved SCMs". 248 Clarification thatthis sub-section is referencing"Approved SCM" Plans and Specifications. 249 Edit(s)based on Legal Sufficiency Review comments 210 Text correction—added "proposed". 211 Clarification ofrequirements. 212 Text corrections. 218 Text correction—added "proposed". 254 Edit(s)based on Legal Sufficiency Review comments 251 Consi stent use of"owning entity". 216 Clarification thatthis sub-section is referencing"Approved SCM" Plans and Specifications. 257 Edit(s)based on Legal Sufficiency Review comments 218 Consistencywith current state lawand Model Ordinances. Orange County, North Carolina— Unified Development Ordinance Page 6-111 Article 6: Development Standagl!2 Section 6.14:Stormwater Management (2) Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent that the General Statutes=Chapter 89A; allows 259) and submitted to and reviewed by the Erosion Control Officer. (3) Planning Director Review260 (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 Fo und to be inadequateApproved SCM Operation and Maintenance Agreement(OMA)261 If the Gou4ythe Erosion Control Officer finds that the Or M@A64SCM Operation and Maintenance Agreement (OMA) is inadequate for any reasonz62, the owning entity shall be notified by the Erosion Control Officer of any required changes and shall prepare apd fiterecor6-63 mea revised agresrt OMA with the Orange County Register of Deeds_ theEMSinA G^^+r^i nrf^or, @Ad the ^^^. The revised OMA shall be submitted to the Erosion Control Officer for review and approval prior to recordation by the owning entity.264 614 116.14.12 Stormwater Discharges (A) Applicability The regulations contained herein shall be applicable to all new development and existing projects within th4 -Orange265 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, 259 Text corrections. 260 Clarification of requi rements. 261 Clarification ofrequirements—this sub-section had been erroneously titled. 262 Edit(s)based on Legal Sufficiency Review comments, deleted "due to proposed changes to the SCM". 263 Edit(s)based on Legal Sufficiency Review comments. 261 Clarification of requi rements. 261 Consistent reference to "Orange County". Orange County, North Carolina— Unified Development Ordinance Page 6-112 Article 6: Development Standag� Section 6.14:Stormwater Management (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) Fir 9Firefighting 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, (24) Dye testing is an allowable discharge, but requires verbal notification to the Erosion Control Officer prior to the time of the test, and (25) Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or waste discharge order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the stormwater collection system. (D) Prohibited Discharges (1) It is a violation of this Ordinance for any person to discharge any substance into the stormwater collection system or receiving waters which by its nature, may: (a) Become a public health hazard endangering human or animal health. (b) Interfere with the free and rapid flow of surface water, (c) Be flammable or explosive, (d) Be toxic to human, animal or plant life, (e) Be corrosive or damaging to the stormwater collection system, or (f) Affect adversely the State of North Carolina classification of the stream into which the discharge flows. Orange County, North Carolina— Unified Development Ordinance Page 6-113 Article 6: Development StandaOlf Section 6.15:Soil Erosion and Sedimentation Control268F (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 PlawopPartv266) 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 Rer&p 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 PersAA 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 R- rsep�--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 t4e—Orange267 County within three business days of the discharge. (e) Notification shall not relieve the Financially Responsible �-rs�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 t#@-Orange268 County, State or Federal government. EROSION AND SEDIMENTAT •N CONTROL 6.15.1 Purpose and Intent (A) Ove ra I I (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, 116 Consistentuse of"Financially Responsible Party"so as to match the Definitions sectionofthis Ordinance— NOTE. "Financially Responsible Party"is integrated through the remainder of Section 6.14,where applicable. 167 Consistent reference to "Orange County". 118 Consistent reference to "Orange County". "I Title of Section 6.15 revised so as to match the na mi ng conventions of other sectiontitles related to"Erosion and Sedimentation Control PI a ns"as defined in 15A NCAC 02H.1002(Definitions). Orange County, North Carolina— Unified Development Ordinance Page 6-115 Article 6: Development Standa" Section 6.15:Soil Erosion and Sedimentation Contro1268F (i v) Maintain the balance of nature, (v) Prevent the obstruction of natural and artificial GlFa'Aage sdrainage 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. (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. Orange County, North Carolina— Unified Development Ordinance Page 6-116 Article 6: Development Standa" Section 6.15:Soil Erosion and Sedimentation Control268F (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 Erosion and Sedimentation Control Plans270 for all activities which may adversely affect the University Lake, Cane Creek, and Upper Eno Watersheds. Q) 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. 6.15.2 Applicability (A) The 271erosionand 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.272 (B) It shall be unlawful, within the jurisdiction of this Section, to engage in land-dis# r�iag anti AyLand-Disturbing Activity, except as provided herein, without first obtaining a permit Land Disturbing Permit (LDP)273 as required by this Section and without complying with the conditions of the issuance of said pea4 LDP. (C) Any person engaged in land-disturbing activities who fails to file-a-yl@Aal)ply for an LDP274 in accordance with this Ordinance, or who conducts a aGthAt Land-Disturbing Activity except in accordance with provisions of an approved plan LDP shall be deemed in violation of this Ordinance. 6.15.3 Erosion Control Standards (A) Orange County Erosion Contro1275 Standards 270 Consistentuse of"Erosion and Sedimentation Control Plans". 271 Deleted "soil". 272 Revised per NCDEQ peer review comment. 273 "Land Disturbing Permit"is correctlynoted to match the Definitions section ofthis Ordinanceandthe appropriate acronym for Land DisturbingPermit(LDP) is included-NOTE. "Land Disturbing Permit"and"LDP" are integrated through the remainder of Section 6.15,where applicable. 274 Cl a ri ficati on of requi rements. 275 Cl a rification thatthis sub-section is specificto"Orange County erosion control standards" Orange County, North Carolina- Unified Development Ordinance Page 6-117 Article 6: Development Standa[p Section 6.15:Soil Erosion and Sedimentation Contro1268F Requirements, standards, and specifications for Erosion and Sedimentation Control Plans276 and erosion control techniques, measures, and devices are contained in the Orapq@ County Soil most current version of t#Ia-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 L77— C`()r.ioc of tho nnRAUQ1 Pro A,h,lablA from tho ErAsinn z78 (B) Revisions to t#iaOrange County Erosion Control279 Standards Corrections, revisions, and amendments to the Soil Erosion apd GAAtrol Ma+xalOrange County erosion control standards280 shall be made upon recommendation of the Erosion Control Officered-approval by the Planning Director, and approval by the281 Orange County Board of Commissioners. (C) Consistency Between Ordinance and Orange County Erosion Control282 Standards Nothing in this Section shall be construed to allow approval of a-planan 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 agriculture283 undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to: (1) Forage& and sod crops, grain& and feed crops, tobacco, cotton and peanuts_; (2) Dairy animals and dairy products,.; (3) Poultry and poultry productsr; (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,;and (6) Fur producing animals, and 216 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. 277 Correct reference to North Carol i na Admi nistrati ve Code Title 15A Chapter 4 and the Erosion a nd the Sedi ment Control Planning and Design Manual (NC Erosion Control)-NOTE. "NC Erosion Control Manual"is integrated through the remainder of Section 6.15,where applicable. 278 The Division does not provide copies ofthe Manual to the public,this statement has been deleted. 271 Clarification thatthis sub-section is specificto"Orange County erosion control standards". 280 Clarification thatthis sub-section is specificto"Orange County erosion control standards". 281 Planning Director approval of"Orange County erosion control standards"is needed priorto BOCC approval. 212 Clarification thatthis sub-section is specificto"Orange County erosion control standards". 283 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC.; revised per NCDEQ peer review comment. Orange County, North Carolina- Unified Development Ordinance Page 6-118 Article 6: Development Standa" Section 6.15:Soil Erosion and Sedimentation Contro1268F {6}(7) 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.284 (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 the Forest Practice Guidelines Related to Water Quality (Best Management Practices —as adopted by the North Carolina Department of Agriculture and Consumer Services.285 (2) If Land-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.286 (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, (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. fp G) 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 12.2.287 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 Activity;&& shall take all reasonable measures to protect all public and private property from damage by such as#+vi#;sLand-Disturbing Activity. (2) The disposal of trees, limbs, stumps and construction debris associated with the Land-Disturbinq Activity shall be by some method other than open burning. 284 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC. 285 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC. 286 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC. 287 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC. Orange County, North Carolina— Unified Development Ordinance Page 6-119 Article 6: Development Standa" Section 6.15:Soil Erosion and Sedimentation Contro1268F (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) 288At least 30 days priorP+er to the commencement of any as#+,yLand-Disturbing Activity that will result in the uncovering of more than 20,000 square feet of land, the person(s) conducting the @GtkAyLand-Disturbing Activity must prepare and submit an Erosion and Sedimentation Control Planr„r,trQl plan for the proposed site. (2) The Erosion and Sedimentation Control PlanP4a-a 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 Control PlanWap must be approved and 'a IgAd -Dicfiirhinn Permi+an LDP obtained prior to the start of the dist, rba Land-Qisturbi ng Activity. 6.15.6 General Requirements for University Lake, Cane Creek, and Upper Eno Watersheds (A) Protection of Property (1) Personis)289 conducting Land-Disturbing Activity shall take all reasonable measures to protect all public and private property from damage by such as#+vit+asLand-Disturbinq Activity. (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.290 (3) This requirement shall apply to any areas to be disturbed, regardless of the size of the area to be uncovered.291 (2) This reclwirernent shall apply to any area to be distidrhed-. (B) Erosion and Sedimentation Control Plan Requirement (1) Except as otherwise provided in Section 6.15.6(C) of this Ordinance292, an Erosion and Sedimentation Control Plan shall be �93filed with and approved by the Erosion Control Division at least 30 days 294 prior to the commencement of any Land-Disturbing Activity within the University Lake, Cane Creek, and Upper Eno Watersheds. (2) The Erosion 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 288 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC. 289 Text correction—added parenthesis for consistencywith previous sub-section. 290 Added Item 2 and Item 3 for consistency with Section 6.15.5(A) of this Ordinance. 291 Added Item 2 and Item 3 for consistency with Section 6.15.5(A) of this Ordinance. 292 Consistent reference to "this Ordinance'. 293 Text correction—deleted "prepared and". 294 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC. Orange County, North Carolina— Unified Development Ordinance Page 6-120 Article 6: Development Standgy@ Section 6.15:Soil Erosion and Sedimentation Contro1268F (1) The person(s) conducting theLand-Disturbing Activity need not submit antoon Control Erosion and Sedimentation Control Plan if such person obtains an _ Erosion and Sedimentation Control Plan waiver 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 or as"t-)� Land- 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 R4aaErosion and Sedimentation Control PlanWaivar waiver if he/she finds the following: (a) The Land-Disturbinq Activity will not result in the uncovering of more than 10,000 square feet; and (b) The Land-Disturbing 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, (i v) Roads, or (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-Disturbinq Activity will not: (i) Significantly increase or decrease the rate or volume of surface water runoff.., (ii) Significantly contribute to the degradation of water runoff (iii) Have a significant adverse impact on a wetland, watercourse, or water supply reservoir-, (i v) 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 Erosion and Sedimentation Control Plan fails to address the following control objectives: (1) Identify Critical Areas Orange County, North Carolina— Unified Development Ordinance Page 6-121 Article 6: Development StandqVI Section 6.15:Soil Erosion and Sedimentation Contro1268F 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 Mitigative mitigation295 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 EMSinn @Ad SQdiAY(;nt (`nntrnl Wn11@1 apd tho North QQMlino Grncinn QAd SPdimont r'nntrnl Dl@.nninn @Ad Desinnthe most current version of North Carolina Administrative Code Title 15A Chapter 4: Sedimentation Control, and the most current version of the296 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 tim(;time specified in North Carolina General Statute 113A- 57 the most current version of North Carolina Administrative Code Title 15A Chapter 4: Sedimentation Control, or as directed by the Erosion Control Officer.-297 (5) Control Upgrade 298 Stormwater Runoff299 Surfac,e %vate-FStormwater 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-Site300 Stormwater Runoff 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 295 Text correction—replaced"mitigative"with "mitigation". 296 Consistent reference to "most current version"of North Carolina Administrative Code and the NC Erosion Control Manual. 297 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC. 298 Text correction—added "Upgrade" so as to differentiate this sub-section from Section 6.15.7 (A) (7). 299 Consistent use of"stormwater runoff"—NOTE. "stormwater runoff"is integrated through the remainder of Section 6.15, where applicable. 100 Text correction—added "On-Site" so as to differentiate this sub-sectionfrom Section 6.15.7(A) (5). Orange County, North Carolina— Unified Development Ordinance Page 6-122 Article 6: Development Stand:♦(2 Section 6.15:Soil Erosion and Sedimentation Contro1268F and Sedimentation Control Plan shall include measures to prevent accelerated erosion within the project boundary and at the point of discharge.301 (8) Open Burning The Erosion and Sedimentation Control Plan shallGWW302 specify the method of disposal of trees, limbs, stumps and construction debris associated with the aGtkAt Land-Disturbing Activity; which shall be by some method other than open burning. (B) Mandatory Design and Performance Standards for Land-Disturbing Activity No IRAd-dish Irhinn @G ,Atyl-and-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 'and-dist-Obinn a„ti,41-and-Disturbing Activity 303shall 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 i yLand-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. CommossiOP304 (2) I-A-laters that have hean classified as trout waters by the Environmental Management C ornmis-s-io n shall have an undisturbed huffor zone 25 fen 0 of the ( ) Thha 25 font mini - i dth for an unrli bad buffer zone acentto hank (4) The flra noe 30.1 aGtivity along trout wate rs Whe n tha d­r2twan of said disturbance land dffist-,rhffincj activity would he temporary and the extant of said disturbance �v,r-pv+-m7-c r-o�--o�rrwz..oR.,�rrroQ and-disfi-rhin activity WGI-ld he minimal This subsection sha 11 not apply to he lo-cated e ndar ;i l2ke Or • (5) Where a temporary and minimal disturbance lend-disturhin activifii i itted as an exception by Section 6.15.7(B)(1)(c)(iii) of thil; lordonance perm waters shall ha limitad to a may. - of 10% of the total le nnth of tha b,We Zone uuiithin tha tract to he disturbed, such that there is not mora than Ion arear,may be dffis-turbe d u.xith the �Alritten approval of the Director of the Division of I and Rasonrces of the department of Environmant and Nafilral 301 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC. 301 Text correction—grammar fix. 303 Deleted "during periods of construction or improvement to land"—this was extraneous text. 304 There are no EMC recognized Trout Waters located in Orange County. This section is irrelevantand has been deleted; revised per NCDEQ peer review comment. -:,"C e n r.r te.,t r efe r@A C e to "Q_Fa Ago 0061 Rt„" Orange County, North Carolina— Unified Development Ordinance Page 6-123 Article 6: Development StandgM Section 6.15:Soil Erosion and Sedimentation Contro1268F Rese,Kses-. adjaGent to designated trtalut Wate rs that Will G-2 1160 adverse temperature fluctuations, as set forth in IS- NICAC 2R 0211 Frash R-m-far-a IA12tor Classification and Standards, inthese WiltGA; (74(Z 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 c;alepdar days of Gornpletion of any phase of _be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion, within the timelines as specified in the most currentyersion306 of North Carolina the-NG 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. 44 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.307GPpsjnp (inn40 � {8}(3) Undisturbed Area Because soils which are seriously disturbed, even if re-vegetated, can generate nearly as much -ef#stormwater runoff308 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). JMMEVABLE 6.15.7.B.3: UNDISTURBED A DISTRICT UNDISTURBED AREA The area necessaryto meetimpervious surface requirements shall remain undisturbed during the UNIV-CA construction process. CANE-CA The area to remain undisturbed shall include portions U-ENO-CA ofthe lot utilized for stormwater infiltration. All clearing limits shall be clearlymarked and observed. All other Watershed Overlay Districts As maybe required pursuanttoan approved q LDP. {,}(4) Ground Cover (a) Whenever 41-and-Disturbing—Activity is undertaken 306 For ground cover timelines-consistent reference to "most current version"of the NC Administrative Code Title 15AChapter 4:Sedimentation Control andthe NC Erosion Control Manual. 307 Added language regardingfill materials,in conformancewith current state Model Ordinance. 308 Consistentuse of"stormwater runoff'. Orange County, North Carolina— Unified Development Ordinance Page 6-124 Article 6: Development StandgV4 Section 6.15:Soil Erosion and Sedimentation Contro1268F on a tract comprising more than 20,000 square feet, if more than 20,000 square feet are uncovered, the person conducting the lard-disturbing astwityLand-Disturbing Activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the ' ' Land-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) ExGept as nro�-4dQd in SArtion C. 'I� 7al 308 Pprovisions for a ground cover sufficient to restrain erosion must be accomplished within 15 working days or an Galepdap days WhirhAM@ period is he timelines as specified in the most current version310 of the North Carolinas Administrative Code Title 15A Chapter 4: Sedimentation Control , following completion of construction or development. 0-0�(5)_Design Storm (a) Except as provided in Sections 6.15.7(B)(6) and 6.15.7(B)(7)-31 of this Ordinance 31� of+ho t`I(` Rrninn G opt rQI_3M4-a P1,64, 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 runoff313 from the 10tea- year frequency storm. (b) offStormwater runoff rates shall be calculated according to wsi+gthe procedures in the latest edition of the United States Department of AgricultureSDA Natural Resources—S4&4--Conservation Service's "National Engineering Field Handbook 630 forMa�al for Conservation Practices," or according to other calculation procedures acceptable to the Erosion Control Officer. 0-14(Q)—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. T&M sefTestie^—@^.^.^^. a.s 310 For ground cover requirements -cC-onsistentreference to "most current version"of the NC Administrative Code Title 15A Chapter 4: Sedimentation Control. 311 Text correction—added a space. Reference to the sections specificto additional requirements for projects in HWQ and Fal Is Lake Watershed areas. 313 Consi stent use of"stormwater runoff"—NOTE.the use of"stormwater runoff"is implemented through remainder of Section 6.15,as applicable. Orange County, North Carolina— Unified Development Ordinance Page 6-125 Article 6: Development Standqi(�S Section 6.15:Soil Erosion and Sedimentation Contro1268F (ii) Larger areas may be uncovered within the boundaries of the tract with the written approval of--by-the Director of the -DN4s-ion of r RQsoi,ses—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.-314 (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. (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 ResourcesS.G4 Conservation Service's "National Engineering Field AlIgAlial Handbook 630 for Conservation Practices"or according to other calculation procedures acceptable to the Erosion Control Officeradeptod by any other agenGy of this state Q--r the Upited States or apy generally reGGgAiZE)d orgApizAtiop or (c) Sediment PoncIS315 (i) Sediment ponds (also called "sediment basins")wi hin 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. A- 8G#liAq @ffiGw@AGY Of Rt o for the 40 PZIOGMA (9.04 MM) 607:8 8041 PaI4iGj-@ that 2 year storm WhiGh pmduces the Maximum peak ratQ Of 314 Correctionof entity name andadditionofinformationfrom 15A NCAC Chapter 4. 315 Revised to reflect current standards within 15ANCAC Chapter 4. Orange County, North Carolina— Unified Development Ordinance Page 6-126 Article 6: Development Standq(fe Section 6.15:Soil Erosion and Sedimentation Control268F 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. ( Alternative Sediment Pond Design316 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. (d-}(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. (e}(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.317daysnr 9-i I.VorkiRg days Or 60 GAIRAClor 3a dev@lopmept. (7) Standards for the Upper Neuse River Basin (Falls Lake Watershed)319 316 New section added to reflect current standards within 15ANCAC Chapter 4. 317 For ground cover requirements -consistent reference to"most current version"of the NC Administrative Code Title 15AChapter 4: Sedimentation Control 319 New sectionadded to specify additional requirements withinthe Falls Lake Watershed. Orange County, North Carolina— Unified Development Ordinance Page 6-127 Article 6: Development Standq0tF Section 6.15:Soil Erosion and Sedimentation Control268F 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. (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 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. (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 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 W 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. (42-)M Prior Erosion and Sedimentation Controi plan Approval No person shall initiate any a6ti 4tyLand-Disturbin_q Activity on a tract if more than 20,000 square feet are to be uncovered unless, 30 or more days prior to initiating the actkAtyLand-Disturbing Activity, an erasion and Erosion and Sedimentation Control Plan for such Orange County, North Carolina— Unified Development Ordinance Page 6-128 Article 6: Development Standq(fa Section 6.15:Soil Erosion and Sedimentation Control268F act'Aty-Land-Disturbing Activit -is filed with and approved by Orangethe320 County and approved, and a i Rn,- Dist-irhinn Parmi+an LDP obtained from t4e Orange321 County. The Land-Disturbing Activity shall be conducted in accordance with the approved plapErosion 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 runoff&uasff 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. (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 Erosion orncinn @'Pd sodamepAa inn Coptpol PlonErosion 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 Land-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 szo Consistent reference to "Orange County". "I Consistent reference to "Orange County". Orange County, North Carolina— Unified Development Ordinance Page 6-129 Article 6: Development Standq(og Section 6.15:Soil Erosion and Sedimentation Contro1268F (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 u+cater flevvstormwater runoff can be directed into this buffer area in a manner that will reduce velocity and cause dispersion of the watQ stormwater 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. 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. (i v) 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. Orange County, North Carolina— Unified Development Ordinance Page 6-130 Article 6: Development StandgrM Section 6.15:Soil Erosion and Sedimentation Contro1268F 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. (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 Wgtarstormwater runoff shall be encouraged. (c) The velocity of stormwater runoff travel in this grassed Swale shall range between 2-4 feet/second. Orange County, North Carolina— Unified Development Ordinance Page 6-131 Article 6: Development StandgrJ1 Section 6.15:Soil Erosion and Sedimentation Control268F (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 Ordinance322 shall be used to ensure that runoff is retained on the site before being released. The purpose of this requirement is to ei323nsure that, not only will the standard set forth in Section-324 6.15.8(A) of this Ordinance325 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 acti\Aty 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.326 th8_ IA-Ad-dig-tiurbing aGt'\Aty viherp the- hQAr4Q%V Material is beipg used Or from which (E) Ad ditiona- Standards for Access and Haul Roads (1) Temporary access and haul roads, other than public roads, constructed or used in connection with any MtyLand-Disturbing Activity shall be considered a part of such a4t4�,Land-Disturbing Activity. (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 aGti 4Land-Qisturbing_Acti\Jty. (F) Additional Standards for Operations in Lakes or Other Natural Watercourses (1) 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 Land-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. 311 Consistent reference to "this Ordinance". "'Text correction—grammar fix. 314 Text correction—deleted a space. "' Consistent reference to "this Ordinance". 316 Revised to match NCDEQ's current model ordinance,based on NCDEQ peer review comment. Orange County, North Carolina— Unified Development Ordinance Page 6-132 Article 6: Development Standq" Section 6.15:Soil Erosion and Sedimentation Control268F (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: SLOPE . STANDARDS SITE AREA MINIMUM SLOPE MAXIMUM .- Planting Areas 2% 3:1 Parking Lot Pavement 2% 4% Driveways and Access Drives 2% 5% 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 rja-offstormwater runoff watsrs 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 Orange County, North Carolina— Unified Development Ordinance Page 6-133 Article 6: Development StandgrM Section 6.15:Soil Erosion and Sedimentation Control268F After development of a site, the peak discharge of stormwater runoff resulting from a 10t€rx327-year storm shall be no greater than that which would result from a 10tan328-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-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. (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 s--dare-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 dfssharge 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 #ow-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. 117 Text correction—consistent use of"10-year"within this sub-section. azs Text correction—consistent use of"10-year"within this sub-section. Orange County, North Carolina— Unified Development Ordinance Page 6-134 Article 6: Development StandgrV4 Section 6.15:Soil Erosion and Sedimentation Contro1268F (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 bythe Special Committee on Irrigation Research, American Society of Civil Engineers,1926,for channels with straight alignment.Forsinuous channels,multiplyallowable velocity by 0.95for slightlysinuous channels,by0.9 for moderate) sinuous channels,and b 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 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—ast+vEtyLand-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 Frosiop Arps' Erosion 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. (I3) 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 6-136 Article 6: Development Standq" Section 6.15:Soil Erosion and Sedimentation Contro1268F (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 developer's-329exesiap and Erosion and Sedimentation Control Plan. (C) Additional Measures Whenever the Erosion Control Officer determines that ast+ep 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.330 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 'A-MI-and-Disturbing' I—and—DisturbingActivit 4& not excluded under Section 6.15.4 of this Ordinance331 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 orncinn A.pd corlimon#o#inn CQntMl RWPErosion 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. 329 Deleted "developer's"—this was extraneous text. 330 Revised to match NCDEQ's current model ordinance,revised per NCDEQ peer review comment. 331 Consistent reference to "this Ordinance". Orange County, North Carolina— Unified Development Ordinance Page 6-137 Article 6: Development Standq" Section 6.22:Performance Guarantee Standards erformance Gurantee331F (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) For all Performance Guarantee requirements, the following shall apply:333 (1) The type of Performance Guarantee shall be at the election of the applicant. Acceptable Performance Guarantee instruments include, but are not limited to: (a) Aa performance bond or,surety bond from a bonding company authorized to do business in North Carolina: (b) An irrevocable or-letter of credit from a financial institution authorized to do business in North Carolina:- or (c) 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. (2) 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, (3) The estimated -4k;qa o& cost shall be, based on applicable industry norms and,- shall be itemized and certified by a North Carolina registeredl+sens@d professional engineer or landscape architect (to the extent that General Statute Chapter 89A allows). 331 NEW SECTION. 333 Edit(s)based on Legal Sufficiency Review comments. Orange County, North Carolina— Unified Development Ordinance Page 6-162 Article 6: Development Standq" Section 6.22:Performance Guarantee Standards erformance Gurantee331F (4) Performance Guarantees shall be used only to complete required construction activities and shall not be used for repairs or maintenance activities. (B) For Zoning Compliance Permits and Subdivisions, thefollowing_ 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. ,C For Stormwater Control Measures (SCMs), the following ---- -- additional requirements shall apply: Timin rrneor� 0 d--Patinn CV+GnOlnn to of roc nncihili+ioc and PAW 5;o of 20 (1) All SCMs shall be conditioned on the posting of an SCM Performance bGp4Guarantee for SCM construction and initial SCM maintenance as detailed herein.-334 (2) The SCM Performance Guarantee costOest estimates shall be sealed by a North Carolina registered professional engineer or landscape architect (to the extent that General Statute Chapter 89A allows) and shall include, but nn+ ho limett;d +n, 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 owning entity335(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: 334 Existing regulations(Section 6.14.10 of the UDO) requiresthe postingofa Performance Guarantee covering the construction and initial operation ofan SCM. Staff is merely takingexisting requirements and proposingto move same into a central section on required 'Performance Guarantees'. 335 Edit(s)based on Legal Sufficiency Review comments. Orange County, North Carolina— Unified Development Ordinance Page 6-163 Article 6: Development Standq" Section 6.22:Performance Guarantee Standards erformance Gurantee331F (a) Draft plat( and336 deed(s) for any required SCM maintenance easement(s) or draft subdivision plat(s) and337 deed(s) that contain any required SCM maintenance easement(s), ready for recording with the Orange County Register of Deeds. The draft plat(s) and338 deed(s) shall be reviewed and approved by the Erosion Control Officer prior to recordation by the owning entity. (b) Draft SCM Operation and Maintenance Agreement (OMA), ready for 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 by 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 by 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 fop,n-SSWuntil the following requirements are met: (a) The SCM will pass inspection when the Erosion Control Officer determines that the SCM is functioning as designed and intended per the approved SMP:339. ( AnAp SCM Operation and Maintenance Agreement (OMA) in conformance with Section 6.14 of this Ordinance Chas been re4ewreviewed and lapproved by the Erosion Control Officer and subsequently—a eved- an recorded by the owning entity at the Orange County Register of Deeds: 'A with 2AQt0AA 6 14 Af W05; The signed SCM maintenance easement -ddQAmpk;t0QP Of AA by o Grncinn (`nntrnl Offine-r nnre- the- fnlln\ndn inform o#inn is 3" (c) The-siRe"eed(s) and342 plat(s), or subdivision deed(s) and343 plats(s) in conformance with Section 6.14 of this Ordinance have been reviewed/approved by the Erosion Control Officer and subsequently recorded by the owning entity at the Orange County, related- ease for the crnn ready for filling Woth the- (iron o (gni iota Registerrx of Deeds:- The SCM certification letter and the SCM as-built drawings), (d) sealed by 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 336 Edit(s)based on Legal Sufficiency Review comments. 337 Edit(s)based on Legal Sufficiency Review comments. 338 Edit(s)based on Legal Sufficiency Review comments. 339 Edit(s)based on Legal Sufficiency Review comments. +ir, as detailed iA_Se"_ ien 64440 of the jinn Existing requiro..-en%(s) as detAiled in cec_tien 64440 (C) of+ho j inn 342 Edit(s)based on Legal Sufficiency Review comments. 343 Edit(s)based on Legal Sufficiency Review comments. Orange County, North Carolina— Unified Development Ordinance Page 6-164 Article 6: Development StandgrM Section 6.22:Performance Guarantee Standards erformance Gurantee331F described in Section 6.14.10(6)(6) of this Ordinance. D nortif nation Soalorl bv an on inoor or Iandsr-app arnhitont (to tho ovtont rafnnS (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 shallanW release 75%344 of the value of the SCM Performance Guarantee and shall-wW issue a Certificate of Stormwater Compliance for the SCM, subject to approval of the Planning Director who shall approve it upon receipt of a recommendation by the Erosion Control Officer.345 If tho orpoQqt passgs inS ontinn and tho Grncinn (_nntrnl Offiror anno is the Offinor shall ai ithori;zo tho roloasp of -,n to 75 of tho iW,io of tho &rmann ��.��++���� Camp!*2- Rc-n Dnrmit Or— RCfin:�� (8) If the SCM does not pass 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 to make any necessary SCM improvements and/or to resubmit corrected documents for approval.347 Upon completion, the SCM improvements shall be re-inspected by the Erosion Control Officer. If rlofirionriec oro fnimrl tho F=PQ90nn (Vontrol Offinor Shall `-Brant that tho or a rn�Ql I loop nom lotion tho i ro�bmontS Shall ho ro_ips ortorl 344 (9) No sooner than one year after issuance of the Certificate of Stormwater Compliance for the SCM, the owning entity may 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 approves349 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.944e tho applorApt wgy pptitmAp for tho rol oaSo of tho romaininn I Innn roroi t of Soirl otitinn tho E=rllSlnn (`nntrnl Of8nor Shall ins ort th Atonrlorl If thW11 oro tho romoininn fiinrlS Shall ho roti,rnorl If AQA the 344 Edit(s)based on Legal Sufficiency Review comments. 345 Edit(s)based on Legal Sufficiency Review comments from August 24,2022. 347 Edit(s)based on Legal Sufficiency Review comments. �Rip 349 Edit(s)based on Legal Sufficiency Review comments. Orange County, North Carolina- Unified Development Ordinance Page 6-165 Article 6: Development Standq" Section 6.22: Performance Guarantee Standardserformance Gurantee331 F Orange County, North Carolina— Unified Development Ordinance Page 6-2 Article 7: SubdivisiTI Section 7.4: Improvements and Performance Guarantees IMPROVEMENTS AND PERFORMANCE GUARANTEES 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 performanGe guaranteoPerformance Guarantee350 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 aso Consistentus of"Performance Guarantee". Orange County, North Carolina— Unified Development Ordinance Page 7-4 Article 7: SubdivisiTT 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 Guarantee 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. Gredot, or c_.a_s_,h A-s-c-rov.( ;4croulcit. The form of guarantee shall be determined by4he 12252A Of thR (4940A�AtQd boon inct@ll@d by tho timo of fA@l Pl At ciihmittAl es-tomates- shall be hased on industry norms within Qran9E) GOLAntv (G) if a sUbdii.4der fails- to properly install required improverAepts %vithip the torm of thA be-r$Isasec 1 0-nce -all of the required improvements ha�p boon at 1p_�4st 0 . . lepts required. However, oPly 01216 661Gh shall be Permitted Prior to 351 351 All Performance Guarantee requirements are now detailed in Section 2.27 ofthe UD0. Most ofthe languageis referenced within NCGS 160A-372,which is also referenced within Section 2.27. The amendments arenecessary to streamline requirements,avoid confus i on,a nd avoid inconsistencies with State law. Orange County, North Carolina- Unified Development Ordinance Page 7-5 Article 7: Subdivis 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 Guarantees352, 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 Guarantee353 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 Vaasa bondquaraiateePerformance Guarantee354 meeting the requirements of Section 2.27 of this Ordinance., 0) ThQ_ Of th@ q61aP@At@Q_ shall be at least 0 (2) Thn AstimatAd rnnct of tl-ho req aired imrirnxbmontc mi act ho ita1X1icadA.Ad nQPti fi;d SWPAYOr if tho S mbvnr unix tho nrininol nroPoror of tho rel@nc fnr tho (4) Cost must he has-ed op Odustry norms within Orange County. (5) The Planning Oireder or Planning Board higher gwarapt64A Amount SUbdil.49dOP'S 9078 A.Ad site 1961t OA AQ @V@At may the amniipt 2524 Of A5;ti12A9tRd G_AP5;tr11GtiAA G,084; asz Consistentuse of"Performance Guarantee". asa Consistentuse of"Performance Guarantee". 354 Edit(s)based on Legal Sufficiency Review comments. Orange County, North Carolina— Unified Development Ordinance Page 7-7 Article 7: Subdivis Section 7.5: Subdivision Agreements (F4(E) 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. SUBDIVISION AGREEMENTS (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. GENERAL DESIGN 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. Orange County, North Carolina— Unified Development Ordinance Page 7-8 Article 7: Subdivis Section 7.6: General Design 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. 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-off355 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 Stormwater Management Plan (SMP)356 shall be required as part of the application submittal. ass Consistent use of"stormwater runoff'. 316 Consistentuse of"Stormwater Management Plan(SMP)". Orange County, North Carolina— Unified Development Ordinance Page 7-9 Article 7: Subdivis 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) In accordance \.tieith Section 7.27 of this Ordinance Performance Guarantees357 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. RESERVATION OF • UTILITIES - 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 317 Reference to NEW SECTION. Orange County, North Carolina— Unified Development Ordinance Page 7-29 Article 8: Nonconformit—W7 Section 8.3: Completion of Non-Conforming Projects (1) All expenditures made pursuant to a validly issued and unrevoked building, zoning, special use, orLand-Disturbing Permit (LDP)358 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. 118 Correct reference to "Land Disturb ingPermit(LDP)". Orange County, North Carolina— Unified Development Ordinance Page 8-2 128 ARTICLE 9: ENFORCEMENT miff n20 01 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. 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 Firesiop Erosion and Sedimentation Control Plan359 and/or Stormwater Management Plan (SMP); (J) 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. 9.3.1 Specifically The following shall be considered violators of the Ordinance and subject to enforcement: 319 "Erosion Control Plan"replaced with "Erosion and Sedimentation Control Plan"as defined in15ANCAC 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: Enforcen'" Section 9.7: Additional Procedures-Special Flood Hazard Area ADDITIONAL PROCEDURES—SPECIAL FL• • 1 AREA 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. EROSION AND SEDIMENTAT •N CONTROL 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-Disturbing Activity. Notice of the right to inspect shall be included in the letter of approval of each E-:o� Erosion and Sedimentation Control Plan. (B) Authority to Enter Property and Conduct Investigations and Inspections 360 Title of Section 9.8 revised so as to match the na mi ng 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: Enforcen'" Section 9.8: Soil Erosion and Sedimentation Control359F (1) No Personperson shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of Orange County, while that Personperson is inspecting or attempting to inspect a 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 credentialsapd361 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 Personpersop 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 Personperson obstruct, hamper or interfere with any such representative while in the process of carrying out their official duties. (C) Notice of Violation (1) If it is determined that a person-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 persspPerson. (2) The notice of violation may be served by any means authorized under N.C.G.S. 1A-1, Rrule 4-and shall include information on how to obtain assistance in developing corrective measures.362 (3) The notice of violation 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 Erosion 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 persoA-Person who fails to comply within the time specified is subject to the civil and criminal penalties provided in this Ordinance. (6) In the evapt s_Q_P.4c;A_ r_,;4ppot be by registered or Certified mail, it If 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 knnlafinn moi ho son19d in the Mormon nrosrrihorJ for Room-_ of nrnrass by NI C Q 2 14-1 R-Ig 4 onrl shall nn hnAni fn nhtAin 363_164 (D) Authority to Require Statements "'This section has been revised to comply with the state's current E&SC Model Ordinance. 362 Edit(s)based on Legal Sufficiency Review comments. 364 Edit(s)based on Legal Sufficiency Review comments. Orange County, North Carolina- Unified Development Ordinance Page 9-9 Article 9: Enforcen?" Section 9.8: Soil Erosion and Sedimentation Control359F (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 (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 A-Personis violating the 365erosion 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 E=rQS;O A orncinn a.pd 9Rd0mon49_41nH Goptrgl RIaAErosion 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��,i 366erosion and sedimentation control provisions of this Ordinance. (3) Notice of the stop work order shall be in writing, directed to the PsrseA Personconducting the Land-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 Procedures36' (1) The landowner, the financmally responsible party.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 StatuteNI CCZ-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. (2}t!LThe Persen-.Person who performs the inspection shall maintain and make available a record of the inspection at the site of the Land- Disturbing Activity. (3}j4L__The record shall set out any significant deviation from the approved eresieAaAd Erosion 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 planErosion and Sedimentation Control Plan. 365 Deleted "soil". 366 Deleted "soil". 367 This section has been revisedto complywith the state's current E&SC Model Ordinance. Orange County, North Carolina— Unified Development Ordinance Page 9-10 Article 9: Enforcen1!5t2 Section 9.8: Soil Erosion and Sedimentation Control359F (6) The inspections required by this subsection shall be in addition to inspections required by N.C.G.S. C G S 113A-61.1. (7) Where inspections are required by Section 9.8.1(G) of this Ordinance, or N.C.G.S. 113A-54.1(e), the following apply: (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; (i v) Completion of all Land-Disturbing Activity, construction, or development, including permanent ground cover establishment and removal of all temporary measures, and; (y) 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 project is permanently stabilized. (b) Documentation of self-inspections performed under Section 9.8.1(6) 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; i6 v) 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 Orange County, North Carolina— Unified Development Ordinance Page 9-11 Article 9: Enforcen'" Section 9.8: Soil Erosion and Sedimentation Control359F (1) Assessment of Penalties (a) Any person Person who violates any of the c>;-368erosion 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 Activity for which an 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 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. 44(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).369 (2) Notice of Civil Penalty Assessment and Demand for Payment of Penalty370 (a) The q_overning body shall AOtify the 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_-or--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 body 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. 371 (c) If payment is not received within 30 days after demand for payment is made, the GowAty or towA, if ,the Board of County Commissioners may institute a civil action to recover the amount of the assessment. 368 Deleted "soil". 369 This section has been revisedto comply with the state's current E&SC Model Ordinance. 370 This section title has been merged with the titleof a redundant section which has now been eliminated. 371 This section has been revisedto comply with the state's current E&SC Model Ordinance. Orange County, North Carolina— Unified Development Ordinance Page 9-12 Article 9: Enforcen?94 Section 9.8: Soil Erosion and Sedimentation Control359F (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 and a remission that is not requested372 is due when the violator is served with a notice of assessment. (g) An assessment that is contested and a remission that is not requested373 is due at the conclusion of the administrative and judicial review of the assessment. (3) Civil Penalty Assessment Factors (a) The governing body_ 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 withi--�1?erosion and sedimentation control provisions in this Ordinance. (4) Notice of Civil Penalty Assessment (a) The governing body of the (G ty) (town), (Goy pty) shall provide notice of the civil penalty amount and basis for assessment to the Personpow'G ► 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, (tGWA) (Goy pty), 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 Decision375 372 This section has been revised to comply with the state's current E&SC Model Ordinance. 373 This section has been revised to comply with the state's current E&SC Model Ordinance. 374 Deleted "soil". 375 Added this sectionto complywith the state's current E&SC Model Ordinance. The relevant section describing the process foran appeal ofa final decisionona civil penaltyis located ina disconnected section ofthe UDO (i.e. Section 2.26.11). Orange County, North Carolina— Unified Development Ordinance Page 9-13 Article 9: Enforcen' Section 9.8: Soil Erosion and Sedimentation Control359F (a) See Section 2.26.11 of this Ordinance. {7}(8) Credit of Civil Penalties376 (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 377 (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 Qursuant 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(x)(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. (i v) 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. 4�4(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 378 Any porson Person who knowingly or willingly violates anyprovision of this Ordinance, or rule or order adopted or issued by the North Carolina Sedimentation Control Commission or a local government, OrdMARAC, or r,-W or order adopted or issued pursu'ant to thAsp regulations, or who knowingly or willfully initiates or continues a Land-Disturbing ActivitXl g.,- - ---r-n A-+;,;+, for which an P4anErosion and Sedimentation Control Plan is required except in accordance with the terms, conditions, and provisions of an approved Erosion and Sedimentation Control Plan,plan shall be guilty of a Class 2 misdemeanor sem which may include a fine not to exceed $5,000 as provided in N.C.G.S. 113A-64. 376 This section has been revisedto complywith the state's current E&SC Model Ordinance. 377 Added this sectionto complywith the state's current E&SC Model Ordinance. 378 This section has been revisedto complywith the state's current E&SC Model Ordinance. '-74�Lzxt pction_dLa QtRd oil»i;nd Orange County, North Carolina- Unified Development Ordinance Page 9-14 Article 9: Enforcen'96 Section 9.8: Soil Erosion and Sedimentation Control359F 9.8.3 Injunctive Relief (A) Civil Action in Superior Court (1) Whenever the governing body of the Towp or Goin+.,goard of Countv Commissioners has reasonable cause to believe that any perser-Person is violating or threatening to violate the moil-erosion 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 =PAR 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, 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 380erosion and sedimentation control provisions of this Ordinance. 9.8.4 Restoration of Areas Affected by Failure to Comply (A) U.e—SeuntyOrange County may require a person-Person who is engaged in a Jami- Land-Disturbing Activity and failed to retain sediment generated by the activity, as required by N.C.G.S. 113A-57(3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. (B) This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this Ordinance. 9.8.5 Revocation of Land Disturbing Permit (A) Whenever a per6QA Person conducting a 1aPd-dic+i1rhin9 @GtiAtyLand-Disturbing Activity is not complying with the <:1381 erosion and sedimentation control provisions of this Ordinance, the Land Disturbing Permit, the approved eresiera grid Erosion and Sedimentation Control Plan or any amendments to the Erosion 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 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 0) of the North Carolina Rules of Civil Procedure. (C) Upon receipt of the Revocation Notice, the perssA-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 382 erosion and sedimentation control provisions of this Ordinance. 380 Deleted "soil". 381 Deleted "soil". 382 Deleted "soil". Orange County, North Carolina— Unified Development Ordinance Page 9-15 Article 9: Enforcen?" Section 9.9: Stormwater Management (D) Once the site has been inspected and remedial work approved by the Erosion Control Officer, the responsible party may reapply for a Land Disturbing Permit and pay the appropriate fee. (E) Resumption of land disturbing activities other than those necessary to bring the site back into compliance with the ,- 383erosion and sedimentation control provisions of this Ordinance before the reissuance of the Land Disturbing Permit shall constitute a violation of the Ordinance. (F) The psKson-Person conducting the Land-Disturbinq Activity may appeal the revocation of a Land Disturbing Permit following procedures set out in Section -2.2.7of this Ordinance. STORMWATER MANAGEMENT Inspections and Investigations (A) Site Inspections (1) Agents, officials, or other qualified persons authorized by th4&-Oranae County384 will periodically inspect on-site Stormwater Control Measures MrAeaswres (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)385 being constructed in accordance with the approved p1anSMP. (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), (i v) 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 SMP. (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. 383 Deleted "soil". 384 Consistent reference to "Orange County". ass Consistent use of"Stormwater Management Plan(SMP)". Orange County, North Carolina— Unified Development Ordinance Page 9-16 Article 9: Enforcen'" Section 9.9: Stormwater Management (3) No person shall refuse entry or access to any authorized representative or agent of Orange County386 who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out their official duties. (C) Notice of Violation (1) If it is determined that a person responsible for construction or maintenance of any permanent on-site 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 RIISMP, 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 Land-Disturbing ActhAty387 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. 386 Consistent reference to "Orange County". 387 Correct reference to "Land-Disturbing Activity". Orange County, North Carolina— Unified Development Ordinance Page 9-17 Article 10: Definit Section 10.1: Definitions Built-Upon Area That portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts) etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.) Building Wall Any vertical surface of a building or structure (other than a pitched roof)that is integral to and could reasonably be constructed as part of the architecture of the building when a sign(s)are not being contemplated. Examples of building walls include but are not limited to: awnings, canopies, marquees, the vertical portion of gable roofs, parapets, mechanical penthouses, etc. Camp A recreation use which may include locations for tents, cabins, or other recreational sleeping structures, but would not include mobile homes or recreational vehicles. A camp may be owned by a profit or not- for-profit corporation. Canal See "Ditch." Canopy, Service Station A structure made of metal, aluminum, or other material intended to be free standing or affixed to a building that serves as an overhang intended to shield persons from the elements while using the service station. Certificate of Stormwater Compliance A document of record noting the approval for development activities regulated by Section 6.14 of this Ordinance.385 Center in a Residence Use type located within a residence offering temporary care to clients, including children, adolescents, and adults, for no more than eight hours in a 24 hour period. Cessation of Use 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 ceased if the use is being marketed for sale or other forms of conveyance and documentation of such activities is provided. Channel A natural water-carrying trough eroded vertically into low areas of the land surface by erosive action of concentrated flowing water or a ditch or canal excavated for the flow of water. Channel, Effluent A discernable, confined, and discrete conveyance which is used for transporting treated wastewater to a receiving stream or other body of water. Chemical storage facility A building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products. Child Care A program or arrangement where three or more children less than 13 years old, who do not reside where the care is provided, receive care on a regular basis of at least once per week for more than four hours per day from persons other than their guardians or full-time custodians, or from persons not related to them by birth, marriage, or adoption. Child care does not include the following: I'll NEW DEFINITION—this definition generally conforms to 15A NCAC 02H.1002 (Definitions). Orange County, North Carolina—Unified Development Ordinance Page 10-5 Article 10: Definit Section 10.1: Definitions Cooperative Farm Stand An open-air facility for the retail sale of produce, agricultural products, and/or plants produced on-site and from not more than 4 other cooperative farm partners. Country Store An enclosed market not exceeding 1500 square feet in size for the retail sales of a variety of merchandise, which must include locally produced products. For the purpose of this definition, "local" means Orange County and counties that share a border with Orange County. County Orange County Government. Custodial Care A form of care that is primarily for the purpose of assisting a person in the activities of daily living or in meeting personal rather than medical needs, which is not intended to provide specific therapy as the result of an illness or injury and does not constitute skilled care. The term shall refer to personal care that does not require the continuing attention or supervision of trained, medical, or paramedical personnel. Cutoff Fixture An outdoor lighting fixture shielded or constructed in such a manner that no more 2.5% of the total light emitted by the fixture is projected above the horizontal plane of the fixture. Day Care Any child care arrangement under which a child less than 13 years of age receives care away from his own home by persons other than his parents, grandparents, aunts, uncles, brothers and sisters who are not minors, guardians or full time custodians. Day Care Facility Any day care center or child care arrangement that provides day care for more than five children, not including the operator's school age children, under the age of 13, on a regular basis of at least once per week for more than four hours but less than 24 hours per day, and those operating fewer than four hours per day that provide care for more children per adult care giver than would be permitted in an AA State licensed center, regardless of the time of day and regardless of whether the same children attend regularly. The following facilities are not included: a) Public schools; b) Non-public schools whether or not accredited by the State Department of Public Instruction, which regularly and exclusively provide a course of grade school instruction to children who are of public school age; c) Summer camps having children in full-time residence; d) Bible schools conducted for no more than three weeks during vacation periods; and e) Cooperative arrangements among parents who care only for their own children in an arrangement as a matter of convenience rather than to enable any participating parent to be employed. Dedication A gift, by the owner, of land for a specified purpose, or purposes. Because a transfer of property is entailed, dedication must be made by written instrument and is completed with an acceptance. Designated Public Sewer Service Area An area located within Orange County's Primary Service Area in the Water and Sewer Management, Planning, and Boundary Agreement, that is currently served by public sewer or is expected to be served by public sewer in the near-term (e.g., 18 months; demonstrated by issuance of an advertisement for bid, or similar device, for construction of public sewer facilities). Detention Pond A Stormwater Control Measure consisting of a pond constructed and maintained in accordance with Appendix A of this Ordinance, which allows for pollutants to settle and Orange County, North Carolina—Unified Development Ordinance Page 10-9 Article 10: Definit Section 10.1: Definitions provides for the gradual release of the impounded water. The detention pond is the- e-s Ma-R-arse-m-e-RI oraGtiGe w hiGh must be used within protected watersheds when engineered stormwater controls are required. (See also, Stormwater Control Measure Roc+ Management Practices and Engineered Stormwater Controls)386 Development Any constructed change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Also includes any Iand dist rhiRg +;„,+„Land-Disturbing Activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil. Development Activity In the context of property encumbered by Special Flood Hazard Area this term includes any activity defined as Development which will necessitate a Floodplain Development Permit. This includes buildings, structures, and non-structural items, including but not limited to: fill, bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures. Development, Existing In the context of Stormwater provisions of this Ordinance for projects that do not require a State permit, shall be defined as those projects that are built, or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of Orange County's Water Supply Watershed Protection Ordinance, or such earlier time that other Orange County ordinances shall specify, based on at least one of the following criteria: a) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid Orange County approval to proceed with the project, or b) Having an outstanding building permit in compliance with G.S. 160D-102 or G.S. 160D-108, or c) Having an approved site specific vesting plan or multi-phase development plan in compliance with G.S. 160D-102 or G.S. 160D-108. For projects that require a State permit, such as landfills, NPDES wastewater discharges, land application of residuals, and road construction activities, existing development shall be defined as those projects that are built or those projects for which a State permit was issued prior to August 3, 1992. Development Intensity Definitions (See Non-residential Land Area, Non-residential Floor Area, Residential Floor Area, Floor Area Ratio, Open Space, Open Space Ratio, Livability Space, Livability Space Ratio, Recreation Space, Recreation Space Ratio, Pedestrian/Landscaped Space, Pedestrian/Landscaped Space Ratio.) Development, Multi-phase A development containing 100 acres or more that(i) is submitted for site plan approval for construction to occur in more than one phase, and (ii) is subject to a master development plan with committed elements, including a requirement to offer land for public use as a condition of its master development plan approval. Note that"master development plan" is not the same as the master plan required as part of an MPD-CD (Master Plan Development) application. Digital Flood Insurance Rate Map (DFIRM) The digital official map of a community, issued by the Federal Emergency Management Agency(FEMA), on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community are delineated. Direct Light Light emitted directly from the lamp, off of the reflector diffuser, or through the refractor or diffuser lens, of a luminaire. ase This definition has been revised to eliminate the outdated reference to "Best Management Practice'. Orange County, North Carolina—Unified Development Ordinance Page 10-10 Article 10: Definit Section 10.1: Definitions Discharge The addition of any human-induced effluent either directly or indirectly to state surface waters. Discharge, Domestic Wastewater Sewage, unprocessed industrial wastewater, other domestic wastewater, or any combination of these items. Domestic wastewater includes, but is not limited to, liquid waste generated by domestic water using fixtures and appliances, from any residence, place of business, or place of public assembly, even if it contains no sewage. Examples of domestic wastewater include once-through non-contact cooling water, seafood packing facility discharges, and wastewater from restaurants. Discharge, Industrial The discharge of industrial process treated wastewater or wastewater other than sewage. Stormwater runoff387 shall not be considered to be an industrial wastewater unless it is contaminated with industrial wastewater. Industrial discharge includes: a) Wastewater resulting from any process of industry or manufacture, or from the development of any natural resource; b) Wastewater resulting from processes of trade or business, including wastewater from laundromats and car washes, but not wastewater from restaurants; or c) Wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment program. Dispersed Flow Uniform shallow flow that is conveyed to a vegetated filter strip as defined in 15A NCAC 02H.1059, another vegetated area, or Stormwater Control Measure. The purpose of"Dispersed Flow" is to remove pollutants through infiltration and settling, as well as to reduce erosion prior to stormwater runoff reaching surface waters.388 Disposal The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwater. Disposal, Waste The use of waters for disposal of sewage, industrial waste or other waste after approved treatment. Ditch A constructed channel, other than a modified natural stream constructed for drainage purposes, that is typically dug through inter-stream divided areas. A ditch or canal may have flows that are perennial, intermittent, or ephemeral and may exhibit hydrological and biological characteristics similar to perennial or intermittent streams. Dwelling, Multi-Family A building or lot containing three or more dwelling units. Dwelling, Single Family A detached building containing one dwelling unit. Dwelling, Two Family A detached building containing two dwelling units (duplex). Dwelling Unit 381 Consistent use of"stormwater runoff". 388 NEW DEFINITION—this definition generally conforms to 15A NCAC 02H.1002 (Definitions). Orange County, North Carolina—Unified Development Ordinance Page 10-11 Article 10: Definit Section 10.1: Definitions A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Mobile Homes and modular units are to be considered dwelling units under this definition. EA An Environmental Assessment. EA, Completed An Environmental Assessment that has been accepted by the Orange County Planning Department as technically acceptable for purposes of this Ordinance. EIS An Environmental Impact Statement. EIS, Completed An Environmental Impact Statement that has been accepted by the Orange County Planning Department as technically acceptable for the purpose of being transmitted to the State Clearinghouse or for being reviewed for adequacy by the Orange County Planning Department. Easement A grant of rights by a property owner to another individual, group or governmental unit to make limited use of a portion of real property for a specified purpose. Eating and Drinking Establishments Land uses providing for the consumption of food and/or drink to its clientele on or off site, Economic Development Activity Node Land in Transition Areas of the County, as designated in the Comprehensive Plan, which has been specifically targeted for economic development activity consisting of light industrial, distribution, flex space, office, and service/retail uses. Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standards. Flex space typically includes one-story buildings designed, constructed, and marketed as suitable for use as offices but able to accommodate other uses; e.g., warehouse, showroom, manufacturing assembly or similar operations. Efficiency Apartment An additional dwelling unit accessory to a single family residence meeting the development criteria outlined within this Ordinance. Elevated Building A non-basement building, which has its reference level raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns with openings sufficient to facilitate automatic equalization of hydrostatic flood forces on exterior walls by allowing entry and exit of floodwaters and the unimpeded movement of floodwaters. Encroachment The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. Engineered Stormwater Controls Engineered structures of practices A-st is ural Best Mara ernent Practice (B -used to reduce non- point source pollution to receiving waters in order to achieve water quality protection goals. (See also Stormwater Control Measure, Detention Pond, Infiltration Systems)Best Management RFaGti `eG and Orange County, North Carolina—Unified Development Ordinance Page 10-12 Article 10: Definit Section 10.1: Definitions D8teRtien PGRd) (Unless otherwise SpeGified, "BIVIP", wheR used OR this QrdiRanGe, Fefers te struGtural BMPS.)389 Environmental Document An EA, EIS, or FONSI, or all of them. Environmentally Sensitive Areas Land which is subject to special natural environmental conditions such as flooding that present significant constraints to built development. Equestrian Center A facility designed and intended for the display of equestrian skills and the hosting of events including, but not limited to, show jumping, dressage, rodeos, general horse/mule shows, and similar equestrian disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic trips per day, and may be held more frequently than once per month. A commercial stable may be included on the site. Erosion and Sedimentation Control Plan Any plan, amended plan, or revision to an approved plan submitted to Orange County, the North Carolina Division of Energy, Mineral, and Land Resources, or a delegated authority in accordance with General Statute 113A-57.390 Evidentiary Hearing A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi- judicial decision. Existing Construction Structures for which, the"start of construction" commenced before March 16, 1981. This term may also be referred to as "existing structures." Existing manufactured home park or manufactured home subdivision A manufactured home park or subdivision for which, for flood damage prevention purposes, the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads)completed before March 16, 1981. Extraction of Earth Products The process of removal of natural deposits of mineral ores, soils or other solids, liquid or gaseous matter from their original location. It does not include any processing of such material, beyond incidental mechanical consolidation or sorting to facilitate transportation to the site of use or location of further processing. FONSI A Finding of No Significant Impact. As pertaining to an EA or EIS. Family For purposes of this Ordinance, family shall be defined as an individual or two or more persons related by blood, marriage or adoption, living together in a dwelling unit; or a group of not more than five persons who need not be related in a dwelling unit. A"family" may include five or fewer foster children. Family Care Facility A facility which meets the definition of a family care home in NCGS 168-21. 389 This definition has been revised to eliminate the outdated reference to "Best Management Practice". 390 NEW DEFINITION—this definition generally conforms to 15A NCAC 02H.1002 (Definitions). Orange County, North Carolina—Unified Development Ordinance Page 10-13 Article 10: Definit Section 10.1: Definitions Family Income The gross annual sum of all income received by all adult members of the household, including: a) Earned income from wages for all family members over the age of 18; b) Income from assets; c) Child support, alimony, Welfare payments, Social Security payments, including SSI, Worker's Compensation and Unemployment benefits; d) Regular contributions and gifts; e) Income from a business; f) Earned income tax credits; g) Lump sum payments such as inheritance, insurance settlements, and proceeds from sale of property; and h) Income from absent military personnel who are considered family members of the household. Farming The use of land consistent with the State of North Carolina's definition of farming, as contained in the General Statutes. Farm, Bona Fide The use of land meeting the criteria for"Farm" as defined by the State of North Carolina in the General Statutes. Farm Equipment, Non-Farm Use of Commercial use of the farm equipment for non-farming activities away from a bona fide farm. Examples include grading services and landscaping services. Farm Equipment Rental, Sales and Service An establishment engaged in the rental, sales, service, and/or repair of construction or farm equipment, including excavators, loaders, graders, bulldozers, farm tractors 50 horsepower or more in size and other large, heavy-duty types of equipment used in the construction or farming industries but not including horse trailers, trucks, or other vehicles designed for use on public roads. Farm Supply Store An establishment engaged primarily in the sale or rental of farm tools, small farming equipment, and farm supplies. Retail sales of animal feed, grain, hardware, lumber, tack, riding attire, animal care products, and the like may be an ancillary activity. Federal Emergency Management Agency (FEMA) The agency of the federal government chiefly responsible for studying and mapping flood plains and developing guidelines limiting development therein. Feed Mill A building with machinery and apparatus for grinding and/or bagging grain. Fertilizer Any substance containing nitrogen or phosphorous which is used primarily for its plant food content. Financial Services Land uses providing economic and financial services to a clientele, Financially Responsible RersonParty In regards to sof erosion and sedimentation control provisions, and party or entity who has financial or operation control over a land disturbiRg aGtivityLanc1-Qisturbin_q Activity and/or the landowner or Orange County, North Carolina—Unified Development Ordinance Page 10-14 Article 10: Definit Section 10.1: Definitions party/entity in possession or control of the land who had directly or indirectly allowed a land disturbiRg aGtivitVLand-Disturbinq Actiyity391 or had benefited from such aGtiVityLand-Disturbing Activity. Fixture The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens. Flexible Development A subdivision in which greater flexibility and design creativity is encouraged and allowed to preserve agricultural and forestry lands, natural and cultural features, and rural community character that might otherwise be lost through conventional development approaches. At least one-third (33%)of the land within a Flexible Development subdivision must be set aside as open space which may be preserved through: a) An "estate lot" option where all land is subdivided into lots four acres or greater in size, building lot area including setbacks are established on 50% of each lot, and the land area outside such area is preserved as open space provided that front and side yard setback areas shall not be counted toward meeting the minimum open space requirement except as specified by provisions of Section 7.12.5(A); or b) A"conservation-cluster" option where lot sizes are reduced and the land saved through such reductions is preserved as open space on separate lots owned and maintained through a homeowners association, a non-profit land conservancy or unit of state or local government; or c) A"village" or modified cluster option where dwelling units are clustered around a village green and supporting shops, and the village is surrounded by open space; or d) Some combination of the above. Floating Zoning District; Floating Zone A zoning district that is defined in the text of the Ordinance but which is applied or mapped only upon the approval of a rezoning application/petition. Flood and Flooding A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and the unusual and rapid accumulation of runoff of surface waters from any source. Flood Boundary and Floodway Map (FBFM) An official map of a community, issued by the FEMA, on which the Special Flood Hazard Areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance Rate Map (FIRM). Flood Hazard Boundary Map (FHBM) An official map of a community, issued by the FEMA, where the boundaries of the Special Flood Hazard Areas have been defined as Zone A. Flood Insurance The insurance coverage provided under the National Flood Insurance Program (NFIP). Flood Insurance Rate Map (FIRM) An official, adopted Orange County map, issued by FEMA, on which both the Special Flood Hazard Areas and the risk premium zones applicable to the county are delineated. This includes DFIRM. Flood Insurance Study (FIS) 391 This definition has been revised to"Financially Responsible Party", in conformance with the state's most current Model Ordinance and so as to include corporations, etc. Orange County, North Carolina—Unified Development Ordinance Page 10-15 Article 10: Definit Section 10.1: Definitions facilities, barns, dance hall and recreational facilities, including but not limited to riding rings, trails, fishing holes and swimming facilities. Habitable Rooms Rooms designed and used for living, sleeping, eating, cooking, or combinations thereof. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry and utility spaces, basement recreation rooms, and similar areas are not considered habitable rooms. Hazardous Waste Management Facility A facility or any portion of a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste on or in land in accordance with rules adopted by the State of North Carolina Department of Environment and Natural Resources.Environmental Quality.392 Health and Personal Care Facility A public or private facility, establishment, or institution providing housing for 16 or more unrelated individuals who are furnished meals and health/personal care on a continuing basis. Term includes: convalescent homes, nursing homes, rest homes, assisted living facility, sanatoria, homes for the elderly, handicapped, disabled, youthful offenders, addicted to alcohol or drugs, requiring professional health care, adult supervision, or rehabilitation. Health Services Establishments of licensed practitioners, or licensed persons independently practicing a profession, primarily engaged in rendering medical, surgical and other health related and allied personal care services in the health field (e.g. physicians, physical therapists, dentists, medical specialists). High-Density Option One of two approaches available for development in some watershed overlay districts. Generally, the high-density option relies on density limits and engineered stormwater controls to minimize the risk of water pollution. High Quality Waters (HQW) Supplemental classification intended to protect waters which are rated excellent based on biological and physical/chemical characteristics through NCDEQ monitoring or special studies, primary nursery areas designated by the Marine Fisheries Commission, and other functional nursery areas designated by the Marine Fisheries Commission.393 Highest Adjacent Grade (HAG) The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of the structure. Historic structure Any structure that is: a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior)or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; b) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c) Individually listed on a local inventory of historic landmarks in communities with a "Certified Local Government (CLG) Program,"which has been approved by the Department of the Interior; or d) Certified as contributing to the historical significance of a historic district designated by a community with a "Certified Local Government(CLG) Program". (CLG Programs are approved by the US Department of the Interior in cooperation with the North Carolina Department of 392 Correct/current entity name. 393 NEW DEFINITION—this definition generally conforms to NCDEQ's formal definition. Orange County, North Carolina—Unified Development Ordinance Page 10-19 Article 10: Definit Section 10.1: Definitions Cultural Resources through the State Historic Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966, as amended). Holiday Decoration Holiday displays, decorations and greetings, which relate to any federally designated holiday, legal holiday or religious holiday. Home Occupation, Major An accessory business use which is owned and operated by the resident of the property, located on a single parcel of land at least five acres in size in the AR and R-1 zoning districts, and is clearly incidental and subordinate to the principal residential use of the property. Major home occupations, which do not meet the standards of a minor home occupation, shall accommodate for larger scale accessory business uses by allowing for an increase in square footage, number of onsite employees, students, customers, clients, and annual events with an approved Special Use Permit. Home Occupation, Minor An accessory business use, which is owned or operated by the resident of residentially-zoned property, and is clearly incidental and subordinate to the principal residential use of the property. Home Park A parcel of land under single ownership which has been planned and improved in compliance with Sections 3.8 and 5.5.4 for the placement of mobile homes/manufactured homes and Temporary Residential Units for use during the duration of the lease. The term includes mobile home parks developed under previous permitting requirements. Home Park Space A parcel of land occupied or intended to be occupied by one and only one Mobile Home or Temporary Residential Unit and for the exclusive use of the occupants of said dwellings. Immediate Neighborhood A subdivision or area of the county which distinguishes it from other subdivisions or areas by virtue of its location within the service area of a park site or sites as shown on the adopted "Recreation Service Area Boundaries Map" on file in the Planning Department. Impervious Surface A surface composed of any material that impedes or prevents the natural infiltration of water into the soil. Such surfaces include concrete, asphalt and gravel surfaces. These include, but are not be limited to, streets and parking areas, sidewalks, patios, and structures that cover the land. Infiltration The absorption of stormwater F61R-ef runoff394 into the ground. Infiltration allows for pollutants to be filtered from the water prior to its reaching the groundwater table, preventing the deposit of the pollutants directly into drinking water supplies. Infiltration Systems Stormwater Control Measures (SCMs)designed to allow stormwater runoff to move into the soil's pore space and subsurface. (See also, Stormwater Control Measure and Engineered Stormwater Controls)395 Institutional Use A nonprofit, religious, or public use, such as a church, library, public or private school, hospital, university, or government owned or operated building, structure, or land used for public purpose. Interested Party 394 Consistent use of"stormwater runoff". 391 NEW DEFINITION—this definition generally conforms to 15A NCAC 02H.1002 (Definitions). Orange County, North Carolina—Unified Development Ordinance Page 10-20 Article 10: Definit Section 10.1: Definitions For purposes of quasi-judicial evidentiary hearings an interested party is one who has standing as that term is defined by applicable North Carolina statutory and case law. Junk Yard An establishment operated or maintained for the purpose of storing, dismantling, salvaging, recycling, buying or selling scrap or used materials such as paper, metals, rubber, rags, glass, wrecked, used or dismantled products and articles, such as machinery, vehicles, appliances and the like. Junked or Wrecked Motor Vehicles Motor Vehicles which do not display a current license plate or a current registration sticker and which either: (a) are partially dismantled or wrecked, or(b) cannot be self-propelled or moved in the manner in which originally intended to move. Kennel (Class II) An establishment involving animals of any species, excluding domesticated livestock, engaged in any of the following: a) The owning or keeping, for any purpose, of 20 or more animals b) The selling and/or training of guard dogs or security dogs 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 allowed to reside on the property to ensure the continuous care of the animals kept on-site. Lamp See Outdoor Lighting, Lamp. Land Area Measurement Definitions (See Lot Line, Lot Line Front, Lot Line Rear, Lot Line Side, Open Side, Open Space Front, Open Space Rear) Land-Disturbing Activity Any use of the land by any Person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance396 that results in a change in the natural cover or topography that may cause or contribute to sedimentation. Landfill A site within which is deposited solid waste material, including trash, construction debris, stumps, branches and limbs, garbage and industrial waste. Landfill, Discharging A landfill facility with liners, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream. Discharging landfills require a National Pollution System (NPDES) Permit from the North Carolina Division of Water Qual+tyResources.397 Land Use Intensity Definitions (See Non-residential Land Area, Non-residential Floor Area, Residential Floor Area, Floor Area Ratio, Open Space, Open Space Ratio, Livability Space, Livability Space Ratio, Floor Area Ratio, Open Space, Open Space Ratio, Recreation Space, Recreation Space Ratio, Pedestrian/Landscaped Space, Pedestrian/Landscaped Space Ratio.) Land Use Permit A zoning permit, subdivision approval, building permit, site plan, or special use permit. 396 Land-Disturbing Activity definition updated to match the NCDEMLR Model Ordinance. 397 Correct entity name. Orange County, North Carolina—Unified Development Ordinance Page 10-21 Article 10: Definit" Section 10.1: Definitions New construction Structures for which the "start of construction" commenced on or after March 16, 1981, and includes any subsequent improvements to such structures. Night Club, Bar, or Pub An establishment that allows food, alcoholic drink and/or entertainment. Non-Conformance Non-conformities are: a) Lots; b) Uses of land without structures or with minor structures only; c) Uses of major structures and premises; d) Characteristics of Use; and e) Structures which were lawful but would be prohibited, regulated or restricted by the enactment of this Ordinance or a subsequent amendment thereto. Non-conformity may also be created by lawful public taking or actions pursuant to a court order and have the same effect as violations of this Ordinance, if undertaken privately. Non-Conversion Agreement: A document stating that the owner will not convert or alter what has been constructed and approved. Violation of the agreement is considered a violation of the ordinance and, therefore, subject to the same enforcement procedures and penalties. The agreement must be filed with the recorded deed for the property. The agreement must show the clerk's or recorder's stamps and/or notations that the filing has been completed. Non-Encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the Flood Insurance Study report. Non-Point Source Pollution Pollution which enters waters mainly as a result of precipitation and subsequent run-off storm water runoff398 from lands which have been disturbed by man's-human399 activities and includes all sources of water pollution which are not required to have a state or local or state permit for discharge into a stream. Non-Residential Development Development of any land use which is not residential in nature, including uses (such as churches)which are allowed in residential zoning districts. Non-Residential Floor Area - Inclusions and Exclusions The sum of areas for non-residential use on all floors of the building measured from the outside faces of the exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and balconies, and below-grade floor areas used for non-residential access and storages. Not countable as floor area are: a) Open terraces, patios, atriums, or balconies. b) Any residential space. Non-Residential Land Area All land for non-residential development and related uses, including open space, within the district in the case of locations which are controlled by these regulations. Non-residential land area shall not be construed to include lands not beneficial to non- residential use due to location or character, or areas used predominantly for residential purposes. 398 Consistent use of"stormwater runoff". 399 Text correction—grammar fix. Orange County, North Carolina—Unified Development Ordinance Page 10-32 Article 10: Definit Section 10.1: Definitions Nursing Home See Health and Personal Care Facility. Nutrient Sensitive Waters NSW 110 Those waters which are so designated in the classification schedule in order to limit the discharge of nutrients (usually nitrogen and phosphorous). They are designated by"NSW"following the water classification. Obstruction Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across, or projecting into any watercourse, which may alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. Office Use A land use providing professional and clerical activities associated with the operation of a business or provision of professional services to clientele. Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated With The Permitted Activity The disposal of limbs, stumps and construction debris associated with the permitted activity by means of outdoor fires. Open Space - (flexible development) "Primary Open Space Areas" and "Secondary Open Space Areas", as defined in Section 7.12.4, which are preserved through conservation easements or other restrictions in a flexible development subdivision. Open Space - (land use intensity) A. Open space is the total horizontal area of uncovered open space plus half the total horizontal area of covered open space subject to limitations set forth below. B. Uncovered open space is total gross land area not covered by buildings, plus open exterior balconies and roof areas improved as recreation space. C. Covered open space is usable open space closed to the sky, but having two clear unobstructed open or partially open sides. Partially open sides is to be construed as 50% or more. Examples of covered space are covered balconies, covered portions of improved roof areas, or space under buildings supported on columns or posts or cantilevered. The square footage countable as covered open space shall not exceed the square footage of the open space sides. Open Space Ratio The minimum square footage of open space required for each square foot of gross land area. This area includes parking and vehicular access areas and it can also include balconies, and roofs improved for recreation. Outdoor Advertising Industry The organizations that provide outdoor displays or display space on a lease or rental basis. Outdoor Lighting Installation of lighting equipment, whether attached to poles, building structures, the earth, or any other location to allow for the illumination of a building and exterior area(s)within the confines of a defined property line. Included are open air spaces on a property, which are under a roof or other cover and not fully enclosed such as a canopy, pavilion, drive-through bay, or parking deck. "I Added appropriate acronym (NSW)for this definition. Orange County, North Carolina—Unified Development Ordinance Page 10-33 Article 10: Definit Section 10.1: Definitions An outdoor fixture shielded or constructed in such a manner that it emits no more than 5% of its light above the horizontal plane of the fixture, and no more than 20% of its light ten degrees below the horizontal plane of the fixture. Outdoor Lighting — Sodium Vapor Luminaries Lamps within which ultraviolet and yellowish-orange visible light is produced by an electric charge through a small amount of sodium and neon gas. Outdoor Lighting, Tube Lighting Gas-filled glass tube, excluding common fluorescent tube bulbs, that becomes luminescent in a color characteristic of the particular gas used, such as neon, argon, krypton, etc. Outdoor Lighting, Upward Projection of light above the horizontal plane. Overlay Zoning District; Overlay Zone A special zoning district that applies supplemental standards in addition to the underlying zoning requirements. Package Treatment Plant Privately owned and operated sewage treatment facility. These plants are prefabricated by the manufacturer and delivered as completed units to the clients. Paperboard Containers and Box Manufacturing, Assembly, and Processing A land use engaged in converting previously manufactured paperboard into containers. Does not include the actual manufacturing of the paperboard product. Please refer to Pulp, Paper, and Paperboard Mills as defined herein. Parking Deck A special structure of two or more levels designed to be used for the temporary storage of motor vehicles. Pedestrian/Landscape Ratio This is the minimum square footage of pedestrian access and landscaped areas in a non-residential development for each square foot of gross land area. Pedestrian/Landscaped Space Pedestrian/landscaped space is part of total open space appropriately improved and located as outdoor space for pedestrian use and for aesthetic appeal. Such space includes lawns and other landscaped areas, walkways, paved terraces and sitting areas. Such space shall not be used for vehicles except for incidental service, maintenance or emergency actions. Performance Guarantee A contractual financial obligation ensuring completion of approved development activities consistent with the provisions of County, State, and Federal law.401 Person Any individual, partnership, firm, association,joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity.402 Personal Services An establishment engaged in providing services generally involving the care of the person (e.g. hairdresser, tailor, laundry, etc.). 40'NEW DEFINITION—clarification of Performance Guarantees is the focus of these UDO text amendments. Commas removed within the definition as per Legal Sufficiency Review comment. 402 NEW DEFINITION—"Person" definition added to conform with the NCDEMLR Model Ordinance. Orange County, North Carolina—Unified Development Ordinance Page 10-35 Article 10: Definit Section 10.1: Definitions State Agency Every department, agency, institution, public authority, board, commission, bureau, division, council, member of Council of State, or officer of the State government of the State of North Carolina. State Clearinghouse The clearinghouse agency established by the North Carolina Department of Administration under the North Carolina Environmental Policy Act. State Mandate The minimum Rules adopted by the Environmental Management Commission for application to North Carolina's water supply watersheds, as required by the Water Supply Watershed Protection Act. The purpose of the Act, as stated in its opening paragraph, is "... to protect and enhance the quality of the State's surface water supplies by establishing a cooperative program of water supply protection to be administered by local governments consistent with statewide management requirements established by the Environmental Management Commission (EMC)." (See related definition "Water supply watershed"). Stockyard / Livestock Market A facility where livestock are kept temporarily awaiting purchase and/or transport; such facilities may include enclosed pavilions, grandstands, paddocks, and stalls. Storage of Goods A land use where secured space, indoors or outdoors, is rented to tenants for the safeguarding and/or keeping of general merchandise, refrigerated goods, and other personal items on a short or long term basis. Stormwater, Stormwater Collection System403 Any conduit, pipe, channel, curb, or gutter for the primary purpose of transporting (not treating) rur.- o-ffstormwater runoff. A Sstormwater Cc-ollection Ssystem does include vegetated swales, swales stabilized with armoring or alternative methods where natural topography prevents the use of vegetated swales (subject to case-by-case review), curb outlet systems or pipes used to carry drainage underneath built-upon surfaces that are associated with development controlled by the provisions of 15A NCAC 2H 1003(c)(1). Stormwater, Stormwater Control Measure (SCM)404 A permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, evapotranspiration, post-filtration discharge, reuse of stormwater, or a combination thereof. A structural or non structural management based practice used singularly or On combination to reduce qYaRtity IiMitatiGR goals. (See The term takes the place of what was�y-previously referred to,and defined as a 'Best Management Practice' or 'BMP'. (See also, Detention Pond, Engineered Stormwater Controls, Infiltration Systems) Stormwater, SCM Operation and Maintenance Agreement (OMA)405 A notarized and recorded agreement requiring the owning entity of a Stormwater Control Measure (SCM) to maintain, repair and, if necessary, reconstruct the SCM in conformance with the approved Stormwater Management Plan (SMP). The SCM Operation and Maintenance Agreement shall include the required SCM Operation and Maintenance Plan (OMP) as "Attachment A" and shall meet the requirements of the most current version of the NCDEQ Stormwater Design Manual. 403 This definition generally conforms to 15A NCAC 02H.1002 (Definitions). 404 This definition has been revised for general conformance with 15A NCAC 02H.1002(Definitions). 405 NEW DEFINITION—this definition has been added in order to support applicable stormwater section(s)of this Ordinance. Orange County, North Carolina—Unified Development Ordinance Page 10-55 Article 10: Definit Section 10.1: Definitions Stormwater, SCM Operation and Maintenance Plan (OMP)406 A written plan describing the detailed requirements, corrective actions, and roles related to the operation and maintenance of a Stormwater Control Measure (SCM). The SCM Operation and Maintenance Plan must be attached to the SCM Operation and Maintenance Agreement (OMA) as "Attachment A" and shall meet the requirements of the most current version of the NCDEQ Stormwater Design Manual. Stormwater, SCM Performance Guarantee407 A financial assurance instrument used to guarantee the complete construction of a Stormwater Control Measure (SCM) in conformance with the approved Stormwater Management Plan (SMP). The SCM Performance Guarantee instrument shall be secured and posted by the owning entity of the Stormwater Control Measure (SCM) and shall meet the requirements of SL 2019-79 (SB 313). Stormwater, Stormwater Management Plan (SMP)408 A set of plans and supporting calculations prepared and sealed by a North Carolina registered professional engineer or landscape architect (to the extent that the General Statute Chapter 89A allows) detailing how a proposed development will meet the requirements of Section 6.14 of this Ordinance. A Land Disturbing Permit (LDP) may not be issued by the Erosion Control Officer until a Stormwater Management Plan (SMP) is reviewed and approved. The SMP shall meet the requirements of the most current version of the NCDEQ Stormwater Design Manual. Stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. Stream Buffer An area of land adjacent to a stream or a FEMA-identified floodplain, whichever is greater, which, except as permitted within this Ordinance, must remain undisturbed in its natural state. Streams are identified by any of the following means: a) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle maps, b) Shown as a water feature in the Orange County Soil Survey, or c) A water feature identified by a field determination of County staff trained in surface water identification through the North Carolina Division of Environmental Quality(NCDEQ). Stream buffers shall extend around the perimeter of all other water features if any portion of the stream buffer touches the water feature. Disputes pertaining to water feature identification decisions by County staff shall be filed directly to the NCDEQ. Stream, Ephemeral (Stormwater) A feature that carries only stormwater runoff409 in direct response to precipitation with water flowing only during and shortly after large precipitation events. An ephemeral stream may or may not have a well- defined channel, the aquatic bed is always above the water table, and stormwater runoff is the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and physical characteristics commonly associated with continuous or intermittent conveyance of water. Stream, Intermittent A well defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by stormwater 401 NEW DEFINITION—this definition has been added in order to support applicable stormwater section(s)of this Ordinance. 407 NEW DEFINITION -this definition has been added in order to support applicable stormwater section(s)of this Ordinance. 408 NEW DEFINITION -this definition has been added in order to support applicable stormwater section(s)of this Ordinance. 409 Consistent use of"stormwater runoff'. Orange County, North Carolina—Unified Development Ordinance Page 10-56 Attachment 3 155 Approved 9.1.21 1 SUMMARY NOTES 2 ORANGE COUNTY PLANNING BOARD 3 AUGUST 4,2021 4 ORDINANCE REVIEW COMMITTEE/TRAINING 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 LIDO 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? 1 156 Approved 9.1.21 53 54 Melissa Poole: I don't think 3 years is unreasonable. 55 56 David Blankfard: Ok 57 58 ************************************ 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 2 Attachment 4 157 Approved 6.1.22 1 MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 MAY 4,2022 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Adam Beeman (Chair), Cedar Grove Township Representative; Lamar Proctor(Vice-Chair), Cheeks 7 Township Representative; David Blankfard, Hillsborough Township Representative; Statler Gilfillen, Eno Township 8 Representative;; Beth Bronson,At-Large Representative; 9 Randy Marshall,At-Large Representative; Susan Hunter, Chapel Hill Township Representative; Whitney Watson,At-Large 10 Representative; Melissa Poole, Little River Township Representative; Charity Kirk,At-Large Representative; 11 12 MEMBERS ABSENT: Delores Bailey,At-Large Representative;Vacant, Bingham Township Representative 13 14 STAFF PRESENT: Brenda Bartholomew, Interim Planning Director; Perdita Holtz, Special Projects&GIS Supervisor; Pat 15 Mallet, Erosion Control &Stormwater Supervisor, Chris Sandt, Staff Engineer; Tina Love,Administrative Support 16 17 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 18 Chair Adam Beeman called the meeting to order. 19 20 **************************************** 158 Approved 6.1.22 60 AGENDA ITEM 8: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—EROSION&SEDIMENTATION CONTROL, 61 STORMWATER AND PERFORMANCE GUARANTEE PROVISIONS—To make a recommendation to the BOCC on 62 proposed amendments to the UDO pertaining to provisions for erosion &sedimentation control, stormwater, 63 and performance guarantees. This item was introduced at the August 4, 2021 ORC meeting and is 64 scheduled for BOCC public hearing on June 7,2022 65 PRESENTER: Chris Sandt, Staff Engineer 66 67 It was announced that, due to outstanding legal sufficiency review, this item would only be reviewed and would be brought 68 back at a later date for a recommendation. Chris Sandt and Pat Mallett reviewed this item and answered questions pertaining 69 to the UDO amendments. 70 71 Charity Kirk: To summarize, you're doing it to get in line with the state and there are some deviations but you think they will 72 pass. 73 74 Chris Sandt: Correct, Session Law 2021-121. The good news is we're good on all of these markups that went in front of all 75 the teams from the state and the only thing missing is the legal sufficiency review from the County Staff Attorney. 76 77 Randy Marshall: Orange County has been more inclined to protect the soil,water and air and the State has become more 78 conservative and want more opportunity for developers to have more discretion. We spend a lot of time changing our 79 ordinance to match the more conservative developer friendly language of the state and we can argue but they are in charge. 80 81 Whitney Watson: You mentioned several towns in Orange County in which Erosion Control and Stormwater has good 82 relationships and work but you did not mention Mebane. I am wondering because of the ways they are expanding by 83 annexation, by granting development and so I am wondering what that means for Erosion and Stormwater. 84 85 Pat Mallett: We have no involvement with stormwater and some involvement with Economic Development and the Capital 86 Improvements. I have a lot of involvement with everything on the Orange County side.Along West Ten and the ETJ. 87 88 Chris Sandt will send direct links from State regarding erosion and sediment control, Neuse Nutrient Strategy, Falls Lake 89 Nutrient Strategy and Session Laws and List of UDO Sections affected by Proposed Amendments 90 91 This item will come back to the Planning Board in June. 92 93 Chris Sandt: Some projects are multiple year construction. 94 95 Pat Mallett: Collins Ridge has had 3 approvals and Medline has had 2 renewals. 96 97 Chris Sandt: There is no renewal at the state level,we're trying to offer folks a way to renew without having to resubmit. You 98 may have to pay a fee for what is remaining after the 3 year deadline but that's half of what we would normally charge. So 99 that's what we're thinking. The staff attorney has to bless that and we didn't get any feedback from the state.We will be 100 bringing it back next month. 101 102 Beth Bronson: Can they renew it in perpetuity or is there a time limit like they would get 2 renewals before you have to go 103 back and put in a new application. 104 105 Pat Mallett: We are looking at like every 3 years you would have to renew it. 106 107 AGENDA ITEM 9: ADJOURNMENT 108 Meeting was adjourned at 8:10 p.m. 109 110 111 Adam Beeman, Chair 159 DRAFT 1 MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 SEPTEMBER 7,2022 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Lamar Proctor(Vice-Chair), Cheeks Township Representative; David Blankfard, Hillsborough Township 7 Representative; Statler Gilfillen, Eno Township Representative;; Beth Bronson,At-Large Representative; Randy Marshall,At- 8 Large Representative; Susan Hunter, Chapel Hill Township Representative;Whitney Watson,At-Large Representative; Charity 9 Kirk, At-Large Representative; Delores Bailey,At-Large Representative; Steve Kaufmann, Bingham Township Representative 10 11 MEMBERS ABSENT: Adam Beeman (Chair), Cedar Grove Township Representative; Melissa Poole, Little River Township 12 Representative; 13 14 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Chris Sandt, Staff Engineer; Tina Love,Administrative Support 15 16 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 17 Vice-Chair Lamar Proctor called the meeting to order. 18 19 *********************************************** 20 21 22 AGENDA ITEM 7: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—EROSION&SEDIMENTATION CONTROL, 23 STORMWATER AND PERFORMANCE GUARANTEE PROVISIONS—To make a recommendation to the BOCC on 24 proposed amendments to the UDO pertaining to provisions for erosion &sedimentation control, stormwater, 25 and performance guarantees. This item was introduced at the August 4, 2021 ORC meeting, reviewed at the 26 May 4,2022 Planning Board meeting and is scheduled for BOCC public hearing on October 3, 2022 27 PRESENTER: Chris Sandt, Staff Engineer 28 29 Chris Sandt reviewed the item and presented a short PowerPoint Presentation then answered questions. 30 31 Beth Bronson: So there is no easement over stormwater runoff on private property if it is included within the plan? 32 33 Chris Sandt: We do require easements and as part of the Stormwater Management Plan (SMP)approval, staff ensures the 34 developer has recorded an access easement to get to the Stormwater Control Measure (SCM). There is a difference between 35 us being able to access it to inspect it or going and actually making improvements on private property without the proper legal 36 instruments in place. 37 38 Cy Stober: Stormwater performance is arguably covered by a potential Notice of Violation (NOV) item that we could enforce 39 through the enforcement tools of Article 8 as an agreement because we will have an agreement with that device holder. We will 40 have legal enforcement tools to address it. They are more protracted and less immediate than what would be allowed under a 41 maintenance guarantee but the maintenance guarantees and the long-term holding of assurity of some form presents 42 challenges for the legal department, the planning department but also the finance department. We are pursuing that. It is 43 largely dealt with in general statute by watershed protection rules as opposed to the erosion and sediment control statutes and 44 the stormwater statutes. We also have to open a different can of worms to start addressing that but we can continue enforcing 45 them under Article 8 and we will. 46 47 Lamar Proctor: Where it says it will eliminate County requirements for Stormwater Control Measure maintenance guarantees, is 48 that eliminated from the UDO? 49 50 Chris Sandt: The existing LIDO has a reference to maintenance securities for SCMs but there isn't much meat to it and it was 51 causing a lot of confusion. It was put in the UDO back in 2012, 1 believe, and was kind of a placeholder. It wasn't being 52 enforced as well as it should have been because of the logistics of managing that money, there isn't enough staff to do that. 53 We've essentially removed that reference to the SCM maintenance guarantee. It will no longer be in the LIDO. 54 55 Lamar Proctor: I understand, that would be a complicated issue to hold money or bond. 56 160 DRAFT 57 Beth Bronson: If there were to be a change, in NC Statute Article 15 Section 4, since we have to follow the state guidelines, if 58 the state guideline were to be updated past the time your permit is given but construction is not completed, is there any 59 requirement they would have to update those plans based on new information? 60 61 Chris Sandt: One of the key things we've put into this UDO text amendment because of that issue, because the state is 62 constantly updating,we have clarified language within Section 6.14 and 6.15 to defer to the most current general statute. It is 63 worded in a way we won't have to go in and update the LIDO every time the state changes terminology or issues a new rule. 64 65 Statler Gilfillen: If a developer has gotten through all the approvals and they start work and the state makes a major change to 66 the laws, is that developer grandfathered in with those approvals or he is bound be the new law that would upgrade it? 67 68 Chris Sandt: That happens a lot in planning. They are grandfathered,you are obligated to meet state rules and regs at the time 69 of submittal. If you want to expand a project then the new work is subject to current rules. 70 71 Whitney Watson: Is there something in the LIDO that encourages the use of permeable surface for parking areas. 72 73 Chris Sandt: We accept those types of applications, however,they are kind of treated like an SCM but it has to be designed 74 and sealed by an engineer, you need an operational maintenance agreement—that's the big thing with those types of surfaces, 75 they tend to get clogged over time. They get compacted and then they turn into impervious pavement. A lot of times they refer 76 to the 57 stone option for areas that are not traffic loaded. 77 78 Whitney Watson: When I see extremely long driveways,would that have required a permit. 79 80 Chris Sandt: Yes,that's a common problem when there is a larger lot,when there is a long, deep lot and someone wants to 81 build at the back. For the developer,there are limits and it varies by zoning district but you have impervious limits and you can 82 only put so much pavement down and that includes the driveway. 83 84 Whitney Watson: How are farms treated in regard to stormwater control? 85 86 Chris Sandt: We get that question a lot. If they have bona fide farm status they are subject to the state's interpretation and yes 87 they can allow sediment to leave the site and they are not held to that higher standard that we would hold a residential or 88 commercial project,We are an agricultural state. However, if they put a residential property on the farm,that residential portion 89 of the farm is subject to the LIDO. 90 91 Randy Marshall: So all these homes and farms that have long driveways are probably all grandfathered in because they 92 preexisted these ordinances and what you are really talking about is new development. 93 94 Chris Sandt: Yes sir. 95 96 Statler Gilfillen: We are seeing large developments being proposed,you are describing a process that is an insurance that a 97 developer will pay long-term and short-term to make sure the public interest is best protected. Do you have a sense in the 98 development process of that percentage that costs a developer? 99 100 Chris Sandt: That's not something I can put a number on. These developments vary but yes it does induce a cost. We have 101 bigger buffers in this county than the state minimum. For stormwater and erosion control we can't ask to go above and beyond 102 state minimum. 103 104 Cy Stober: I think the best that we can do to represent that is to say more about the amount of land that could be consumed by 105 a development for standard, residential subdivision without utilities, I think it would be fair to estimate that 40 to 50%of the land 106 is going to be dedicated to either stormwater management or septic treatment. I think that is conservative and fair. 107 108 Chris Sandt: And buffers. 109 110 Lamar Proctor: Is there anything in these LIDO text amendments that changes substantively the older, previous version of the 111 UDO that impacts the Comprehensive Land Use Plan. Something that is substantive and substantial? 112 161 DRAFT 113 Chris Sandt: My first answer would be no. Essentially we are clarifying a lot of things in conformance with the ordinances. It's 114 really getting our definitions up to current state model ordinance definitions and the performance guarantee clarifications. 115 116 Lamar Proctor: Do we have any other questions or comments? 117 118 MOTION BY Whitney Watson to adopt the Statement of Approval and Consistency that is attachment 1 and finding that the LIDO 119 text amendments are consistent with our Comprehensive Plan as well as consistent with North Carolina General Statutes. 120 Seconded by Statler Gilfillen. 121 MOTION PASSED UNANIMOUSLY 122 123 The Planning Director and Planning Board members held a discussion on holding future Planning Board meeting in the Whitted 124 Building. The consensus was to make that change through the calendar year and potentially beyond. 125 126 AGENDA ITEM 8: ADJOURNMENT 127 Meeting was adjourned at 8:07 p.m. 128 129 130 Adam Beeman, Chair 162 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 15AA 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 Erasion and Sedimentation Control, and the North Carolina Division of Water Resources' (NCDWR's) most current Madel 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 Adapted 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-B-eern�Cha1t- Date 163 From: Ernest Ode!-Larbi To: Christooher Sandt Cc: Patrick R.Mallett Subject: [EXTERNAL MAIL!]RE:Orange County Unified Development Ordinance Revisions-UPDATED APRIL 2022**** Date: Monday,April 18,2022 1:41:29 PM Attachments: imaae001.ono image005.ono image006.ono I have these two comments for now.I may send other comments if have other questions.Thanks. 1. The Town requires developers to post performance bond for land disturbance greater than an acre and also for installing stormwater control measures.The text in Section 2.18.1 below,specifies Orange County bond requirement.This means the developer will be posting a bond with Orange County and the Town of Chapel Hill.Developers will not be happy about it. 2. The Town's illicit discharge ordinance allow us to issue a STOP WORK ORDER.Do we need cordination with Orange County in situation where there is illicit discharge on a contruction site inorder to issue a STOP WORK ORDER? 2.18.1 Generally (A) Before commencement of any Land-Disturbina Activity in excess of the thresholds as defined in the Orange County Watershed Matrix Table (Table 4.2.10 of this Ordinance), staAiAg a:qFeateF 1haR 20,000 SqUaFe feet, EIF OFeM 18-1 1-,--0 squaFe feet it WithrA ,the owner or his/her 4w4y appeil;ted agewFinancially Responsible Party shall obtain a Land Disturbing Permit (LDP)from the Erosion Control Officer. 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 Ernest Odei-Larbi,PE,CFM I Senior Engineer I Stormwater Management Division Public Works Department 1208N.Columbia St.I Chapel Hill,NC 27514 Phone:919-968-27171 Fax:919-968-7276 From:Christopher Sandt<csandt@orangecountync.gov> Sent:Tuesday,April 12,2022 4:11 PM To:Ernest Odei-Larbi<eodei-larbi@townofchapelhill.org> Cc:Patrick R.Mallett<pmallett@orangecountync.gov> Subject:RE:Orange County Unified Development Ordinance Revisions-UPDATED APRIL 2022**** Importance:High External email:D.n't click links or attachments from unknown senders.To check or reportwnfh lil Hi Ernest, I'm sure you're extraordinarily busy,as we are here at the County. Apologies in advance for the additional work,but we wanted to ensure your inclusion in our impending text amendments to the Orange County Unified Development Ordinance(UDO). In follow up to Pat's notice to your office below,sent back in July 2021,we've since increased the scoping of the proposed text amendments to incorporate the state's most current Model Ordinances for all things E&SC and Stormwater,as well as the recently adopted 2021 Neuse-Tar Pamlico Rules. Frankly,this important LIDO update is long overdue. Attached for your use are: 1. a Word file of the complete LIDO,showing all proposed text amendments in TRACK CHANGES; 2. a PDF export of ONLY the affected pages within the LIDO(145 pages total); 3. a list of all the affected LIDO sections. We hope to hold the required public hearing for these proposed LIDO text amendments at the June 7,2022 BOCC meeting. So as to meet that schedule and make agenda for the associated Planning Board meeting on May 4,2022,we kindly ask that you provide any comments that the Town of Chapel Hill may have by 5pm on April 22 2022(next Friday). Sorry for the somewhat short turn-around,but alas we're at the mercy of the necessary long-lead public processes. Thanks in advance for your input. Regards, Christopher]. Sandt, P.E. Staff Engineer 164 Orange County Planning and Inspections Department 131 W.Margaret Lane(P.O.Box 8181) Hillsborough,NC 27278 (919)245-2583(W) (512)590-0359(M) csandt()orann ecountvnc.gov **working remotely** ft ORANGE COUNTY NORTH CAROLINA Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may be disclosed to third parties. From:Patrick R.Mallett<pmallettPorangecountync.eov> Sent:Friday,July 30,20218:47 AM To:Ernest Odei-Larbi<eodei-larbiPtownofchapelhill.org>;Allison Weakley<aweakley(@townofchapelhill.org> Cc:Christopher Sandt<csandt(@orangecountync.eov>;Craig Benedict<cbenedictCcDorangecountync.Eov> Subject:Orange County Unified Development Ordinance Revisions Ernest and Allison, Enclosed are UDO text amendments to update applicable Stormwater and Erosion Control sections of our ordinance. These revision seek to: • Revise performance guarantee requirements for both subdivisions and stormwater management; • Provide more equitable Land Disturbing Permit timeframes;and • Update erosion and sedimentation control and stormwater management terms, definitions, requirements and standards so that they are consistent with NC DEQ. This item is in the initial stages of the process. We are currently conducting our internal peer/legal sufficiency reviews and have the item set for the Planning Board's Ordinance Review Committee(ORC)agenda next week. I'm sending this out to all our municipal partners.Please review and share with your staff as desired. We'd appreciate any input or ideas you have. If possible,we'd like to get anything you may have by 20AUG2021 so we can fold in to the other peer contributions. Thanks for your partnership! Very Respectfully, Patrick R.Mallett,Erosion Control and Stormwater Supervisor Orange County Planning&Inspections Department ORANGE COUNTY NORTH CAROLINA Phone:(919)245-2577 Fax:(919)644-3022 E-mail:nmallett2Dorangecountync.eov Orange County Planning Website:http://www.orangecountync.gov Address: 131 W.Margaret Lane,Suite 201 P.O.Box 8181 Hillsborough,NC 27278 **Working remotely** Pursuant to North Carolina General Statute 132,correspondence sent and received from this account is a public record and may be disclosed to third parties. TOWN OF CARRBORO 165 NORTH CAROLINA W WW.TOWNOFCARRBORO.ORG yo��►cn� � MEMORANDUM TO: Christopher J. Sandt,P.E., Staff Engineer, Orange County Planning and Inspections Department FROM: Tina Moon, Planning Administrator DATE: May 16, 2022 SUBJECT: Joint Planning Review of Proposed Ordinance Amendments Relating to Stormwater Management and Erosion Control Thank you for the opportunity to review proposed text amendments to update Stormwater and Erosion Control sections of the Orange County Unified Development Ordinance. We have reviewed the documents you have provided,noting the intended purpose as described below, and find no conflict with the Joint Planning Area Land Use Plan. • Revise performance guarantee requirements for both subdivisions and stormwater management. • Provide more equitable Land Disturbing Permit timeframes; and • Update erosion and sedimentation control and stormwater management terms, definitions, requirements and standards so that they are consistent with NC DEQ. 301 WEST MAIN STREET,CARRBORO,NC 27510'(919)918-7325'FAX(919)918-4465`TDD(800)826-7653 AN EQUAL OPPORTUNITY PROVIDER