The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Articles 7, 11, 9, and 13 of Chapter 160D; and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local governmental the responsibility units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

The City Council of the City of Brevard, North Carolina, makes the following legislative findings-of-fact.

1. A.
   The flood prone areas within the City of Brevard and its extraterritorial jurisdiction are subject to periodic inundation which results in loss of life, property, health hazards, safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
2. B.
   The development activities listed herein contribute, individually and cumulatively, to the flood losses addressed above: (1) obstructions in floodplains causing increases in flood heights and velocities; (2) the occupancy in flood prone areas of uses vulnerable to floods or other hazards; (3) the loss of wetlands, streamside riparian areas, and other lands that slow, absorb, retain, and cleanse storm and flood waters; and (4) the expansion of impervious surfaces both within and outside of flood prone areas that cause increases in the velocity and rate of the discharge of stormwater into bodies of water.
3. C.
   The discharge of urban pollutants and sedimentation into bodies of water results in health and safety hazards and the impairment of environmentally and economically significant aquatic wildlife habitat, adversely affecting the public health, safety, and general welfare.
4. D.
   Development activities cause sedimentation pollution through untreated and uncontrolled stormwater from impervious areas, improper land disturbance, and the loss of wetlands, streamside riparian areas, and other lands that absorb and cleanse storm and flood waters.
5. E.
   Brevard is in a unique geographical location where mountains, valleys and hills constitute significant natural topographical features. The mountains and hillsides of Brevard are visible from many locations within the city, adding to the quality of life for residents and improving tourism opportunities. These areas are sensitive to development and measures shall be taken to preserve viewshed, maintain slope stability, control erosion and stormwater runoff.
6. F.
   The steeply sloping areas within the City of Brevard and its extraterritorial jurisdiction are particularly susceptible to erosion and landslides, and pose particular difficulties in the construction and maintenance of public infrastructure and the provision of public services. Development activities in such areas are likely to result in the loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
7. G.
   On June 20, 2005, the City of Brevard, in conjunction with Transylvania County and the City of Rosman, adopted the Multi-Jurisdictional Hazard Mitigation Plan as an additional resource to substantially and permanently reduce the planning area's vulnerability to natural hazards. The plan is intended to promote sound public policy designed to protect citizens, critical facilities, infrastructure, private property, and the natural environment. This is to be achieved by increasing public awareness, documenting resources for risk reduction and loss prevention, and identifying activities to guide the planning area towards the development of a safer, more sustainable community.

( Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2023-22, § 1(Exh. A), 6-5-23)

Effective on: 6/5/2023

It is the purpose of this chapter to protect and promote the public health, safety and general welfare by preventing the loss of life and/or public and private economic loss due to landslides, floods, erosion and sedimentation pollution. It is further the purpose of this chapter to protect our existing environmental resources, including steep slopes, floodplains, stream corridors, wetlands, watershed and groundwater recharge areas, soils, forest stands, specimen trees, and other significant vegetation and wildlife, which are of economic value to the city and its citizens and make Brevard a desirable place to live and visit.

In furtherance of this purpose, the regulations contained herein are designed to accomplish the following:

1. A.
   Restrict or prohibit uses that are or may be dangerous to health, safety, and property or that may result in damaging increases in erosion, flood heights or velocities;
2. B.
   Require that uses and infrastructure vulnerable to the movement of earth or flooding be protected against such damage at the time of initial construction;
3. C.
   Control the alteration of steep slopes, natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodgates;
4. D.
   Control filling, grading, dredging, and all other development that may increase erosion or flood damage;
5. E.
   Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards to other lands; and
6. F.
   Require that stormwaters that may damage property, increase flood hazards, or pollute surface waters be adequately controlled and treated.

(Ord. No. 2023-22, § 1(Exh. A), 6-5-23)

Effective on: 6/5/2023

The objectives of this chapter are as follows:

1. A.
    ​​​​​​​​​​​​​​​​​​​​​ To protect human life and health;
2. B.
   To minimize the expenditure of public money for costly stormwater or flood control and stormwater management projects;
3. C.
   To minimize the need for rescue and relief efforts associated with flooding and landslides and generally undertaken at the expense of the general public;
4. D.
   To minimize prolonged business losses and interruptions;
5. E.
   To minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable and sewer lines, streets, and bridges) that are located on steep slopes or in flood prone areas;
6. F.
   To help maintain a stable tax base by providing for the sound use and development of steep slope areas, flood prone areas, and the control of stormwater runoff;
7. G.
   To minimize the impairment of, or damage to, sensitive natural areas and bodies of water; and
8. H.
   To ensure that potential buyers are aware that property is in a special flood hazard area or area of known landslide potential.
9. I.
   Protect the viewshed and natural beauty of natural slopes and floodplains

(Ord. No. 2023-22, § 1(Exh. A), 6-5-23)

Effective on: 6/5/2023

In accordance with G.S. 160D-703(d), the provisions contained in this section shall apply to all areas within the planning jurisdiction of the City of Brevard that are classified as "moderately steep slope areas" and "steep slope areas". These provisions do not limit or negate the effect of other provisions of this ordinance which may apply to steep slope areas.

1. A.
   Applicability:

   1. 1.
      This section shall apply to any land-disturbing activity, building permit, or any other development proposal on a parcel located at or above 2,250 feet in elevation above mean sea level and with an average slope of 25% or greater.

      1. a.
         “Moderately steep slope” areas are defined as those areas with a slope of 25% to 34%.
      2. b.
         “Steep slope” areas are defined as those areas with a slope of 35% or greater. 
      3. c.
         A parcel is considered at or above the elevation if any area within the parcel boundaries is at or above the stated elevation.
   2. 2.
      The provisions in this section are intended to encourage a sensitive form of development and to allow for a reasonable use that complements the natural and visual character of the community.
2. B.
   Determining slope: Slope shall be determined in accordance with the methods and procedures contained herein.

   1. 1.
      Prior to commencing any development or land-disturbing activity and prior to issuing any permits and/or other approvals, the calculated slope for the parcel(s) shall be approved by the Planning Department. 

      1. a.
         Parcels where no portion of the lot is located at or above 2,250 feet in elevation above mean sea level are exempt from this requirement.
      2. b.
         Incidental improvements and additions to existing structures, accessory structures less than 1,000 square feet in ground floor area, and interior renovations are exempt from this requirement.
   2. 2.
      Calculations and supporting documentation shall be submitted to the Planning Department for review prior to or in conjunction with the applicable submittals. The administrator shall: (a) request additional information; (b) request revisions to the slope calculation submittal; or (c) issue written concurrence with the determination of slope, as submitted.

      1. a.
         Each slope calculation and supporting documentation submitted to the Planning Department for review shall include a scaled map, accurately showing the topography for the entire land tract and the parcel boundaries. 
      2. b.
         In cases where the applicant or property owner does not agree with the determination made by the administrator, the alternative slope analysis shall be heard and decided on by the Board of Adjustment, following a notice of appeal filed with the City Clerk.
   3. 3.
      Slope shall be determined through use of one of the following methods: 

      1. a.
         The approved contour interval formula:

         FIGURE 6.4-A: SLOPE CONTOUR INTERVAL FORMULA
         Slope (S%) is equal to the total length (L) of contour lines in feet within a given parcel, multiplied by the contour interval (I) of said parcel, then multiplied by .0023, divided by the area (A) of the parcel.  Or, S% = (L x I) .0023 / A
         The calculation shall use the smallest contour interval for which maps are available or at a minimum of five-foot intervals.   .0023 is the product of two constants, one of which converts feet into acres and one of which converts a decimal fraction into a percentage, the value of .0023 is the percentage of one square foot of one acre.

         FIGURE 6.4-A: SLOPE CONTOUR INTERVAL FORMULA
         Slope (S%) is equal to the total length (L) of contour lines in feet within a given parcel, multiplied by the contour interval (I) of said parcel, then multiplied by .0023, divided by the area (A) of the parcel.  Or, S% = (L x I) .0023 / A
         The calculation shall use the smallest contour interval for which maps are available or at a minimum of five-foot intervals.   .0023 is the product of two constants, one of which converts feet into acres and one of which converts a decimal fraction into a percentage, the value of .0023 is the percentage of one square foot of one acre.

         FIGURE 6.4-A: SLOPE CONTOUR INTERVAL FORMULA
         Slope (S%) is equal to the total length (L) of contour lines in feet within a given parcel, multiplied by the contour interval (I) of said parcel, then multiplied by .0023, divided by the area (A) of the parcel.  Or, S% = (L x I) .0023 / A
         The calculation shall use the smallest contour interval for which maps are available or at a minimum of five-foot intervals.   .0023 is the product of two constants, one of which converts feet into acres and one of which converts a decimal fraction into a percentage, the value of .0023 is the percentage of one square foot of one acre.

         FIGURE 6.4-A: SLOPE CONTOUR INTERVAL FORMULA
         Slope (S%) is equal to the total length (L) of contour lines in feet within a given parcel, multiplied by the contour interval (I) of said parcel, then multiplied by .0023, divided by the area (A) of the parcel.  Or, S% = (L x I) .0023 / A
         The calculation shall use the smallest contour interval for which maps are available or at a minimum of five-foot intervals.   .0023 is the product of two constants, one of which converts feet into acres and one of which converts a decimal fraction into a percentage, the value of .0023 is the percentage of one square foot of one acre.

2.  
   3.  
      2. b.
         Analysis conducted and sealed by a professional surveyor, engineer, or landscape architect using recognized, industry-accepted methods.

         1. i.
            The administrator may require slope calculations to be sealed by a professional surveyor, engineer, or landscape architect for projects with over an acre of disturbed area.
   4. 4.
      Slope shall be rounded to the nearest whole number and noted on all development plans required by this ordinance. 
   5. 5.
      Areas placed in a permanent conservation easement, dedicated to the public for open space, protected as open space by restrictive covenants, or otherwise permanently protected in a natural state with prohibition on vegetation removal and land-disturbing activities may be removed from the calculation of parcel slope. 

      1. a.
         The applicant shall provide the legal documentation for permanent protection and a closed perimeter line delineating the revised boundaries for calculating slope.
      2. b.
         Nothing shall limit the ability of moderately steep slope areas, steep slope areas, conservation easements, or other means of permanent land protections to be included in the total parcel area for the means of calculating density. 
3. C.
   Geotechnical analysis:

   1. 1.
      Development in steep slope areas shall be required to undergo geotechnical analysis by a registered professional engineer to determine the stability of the underlying geology and soils to support the proposed project. The geotechnical analysis report shall be required to be submitted prior to the issuance of a zoning permit. 
   2. 2.
      If a geotechnical analysis has been performed for subdivision approval that includes building pad analysis of the individual lots, it is unnecessary to submit a new analysis for each lot, provided the location of structures on each lot does not change by more than 20 feet in any one direction.
4. D.
   General standards for development projects with moderately steep slope areas and/or steep slope areas: 

   1. 1.
      Development plans shall be designed to minimize disturbance to the natural landform and should not destroy the visual quality and community character.

      1. a.
         To the extent possible given topographic and other physical constraints, land disturbance should be confined to portions of the lot not considered to be steep slope areas.
      2. b.
         Developers shall make reasonable efforts to preserve and protect existing natural features of the slope, such as trees and other plant materials, and rock outcroppings which may help to stabilize the slope.
      3. c.
         Buildings, parking, and other improvements should be clustered on less steep and less sensitive areas of the site to reduce the amount of grading.
      4. d.
         Projects are encouraged to demonstrate terrain-adaptive design and construction techniques.
   2. 2.
      Proposed land-disturbing activity shall meet all applicable local and State regulations relating to soil erosion and sedimentation control. 
   3. 3.
      Land disturbance shall be limited to the minimum required for building foundations, driveways, stormwater management measures and immediate areas surrounding these elements as required by this ordinance.

      1. a.
         With the exception of approved stockpiling or restoration efforts, substantial earth moving beyond that required for the installation or construction of approved buildings, structures, driveways, or stormwater management measures shall not be permitted.  
   4. 4.
      When grading is necessary, it should be blended with the natural land form as much as possible. Rigid contouring should be avoided, and contours should be rounded to appear undulating and natural. 
   5. 5.
      The approving authority shall have the right to impose such conditions as are necessary to protect public health, safety, and welfare for projects in moderately steep slope or steep slope areas as authorized under the provisions of this section because the minimum standards set forth in this ordinance are insufficient given the exceptional and unique conditions of topography, location, shape, size, drainage or other physical features of the site, or because of the special nature and character of surrounding development. 

      1. a.
         Such conditions shall be reasonable and shall be limited to the minimum additional improvements necessary to protect the public health, safety or welfare. Such conditions may, without limitation, pertain to the following: 

         1. i.
            The retention and planting of vegetation; 
         2. ii.
            Sedimentation and erosion controls; 
         3. iii.
            Cut and fill slope design and stabilization; 
         4. iv.
            The degree of land disturbance; 
            The location, form and design of proposed structures and driveways so as to minimize land disturbance and ensure structural integrity; and 
         5. v.
            The location, form and design of streets and utilities, so as to minimize land disturbance and ensure structural integrity.
      2. b.
         The administrator may reduce the required setbacks  in accordance with Section 2.7.1 in order to facilitate compliance with this section. 

5. E.
   Conditional zoning districts with steep slope areas:

   1. 1.
      It is strongly encouraged that any proposed development project containing extensive steep slope areas be considered in accordance with the procedures for conditional zoning districts, which process allows for creative designs that may enhance development potential while achieving the steep slope protection requirements of this section.
   2. 2.
      City Council may allow development on steep slope areas by means of a conditional zoning district. Council may require the clustering of structures and impose any other necessary condition upon the design of the development in order to minimize impacts and uphold the intent of this section.
6. F.
   Grading extent:

   1. 1.
      The maximum extent of grading on a property with moderately steep or steep slope areas shall be reduced to support the goals and objectives of this section. This shall be governed by the following table: 

6.  
   2. 2.
      Additional grading may be awarded to projects on steep slope areas if any of the following conditions are met. The credits may accumulate to equal the total reduction outlined herein.

6.  
   3. 3.
      Additional grading may also be permitted as part of a conditional zoning district.
7. G.
   Density:

   1. 1.
      Densities of residential development shall be reduced in steep slope areas to support the goals and objectives of this section. This shall be governed by the following table: 

7.  
   2. 2.
      Additional density may be awarded to projects on steep slope areas if any of the following conditions are met. The credits may accumulate to equal the total reduction outlined herein.

      1. a.
         The maximum residential density shall not exceed the maximum residential density permitted in the underlying zoning district as outlined in Section 2.6, unless such provisions are specified in a conditional zoning district. 

8. H.
   Building height: 

   1. 1.
      The maximum height of principal structures in steep slope areas shall be limited to 35 feet measured perpendicular from the pre-development grade to the top of the built structure.

FIGURE 6.4-B: ILLUSTRATION OF MAXIMUM BUILDING HEIGHT IN STEEP SLOPE AREAS

FIGURE 6.4-B: ILLUSTRATION OF MAXIMUM BUILDING HEIGHT IN STEEP SLOPE AREAS

FIGURE 6.4-B: ILLUSTRATION OF MAXIMUM BUILDING HEIGHT IN STEEP SLOPE AREAS

FIGURE 6.4-B: ILLUSTRATION OF MAXIMUM BUILDING HEIGHT IN STEEP SLOPE AREAS

8.  
   2. 2.
      The property owner is encouraged to utilize step-back or terraced building approach to reduce the visual bulk of the structure. 
   3. 3.
      Accessory structures shall not exceed 15 feet in height on any side. 
   4. 4.
      Applicants shall provide architectural plans and building elevations to demonstrate compliance with this section.
9. I.
   Tree and vegetation preservation:

   1. 1.
      Landscaping / vegetation preservation plans, in accordance with Section 17.9, shall be required for all development projects on steep slopes to ensure compliance with this section. 
   2. 2.
      Plant materials should be used that blend with the hillside. Landscape schemes that are rough, natural, and/or subdued in character are encouraged.
   3. 3.
      All trees and other specified vegetation shall be preserved except in the area approved for grading or within 20 feet of the building footprints. 

      1. a.
         Non-native or invasive species may be removed.
   4. 4.
      In the event a property owner desires to remove trees and other protected vegetation required to be preserved in this section, they may submit an alternative landscape plan for consideration by the Brevard Planning Board. 

      1. a.
         This alternative landscape plan must contain: 

         1. i.
            a tree survey of the property showing which trees and other protected vegetation will be removed and which will remain; 
         2. ii.
            the location of any structures, driveways, and other impervious surfaces; and 
         3. iii.
            an explanation of the reason(s) for removal of required trees and other protected vegetation, including a statement of how the removal of the required trees and other protected vegetation supports the purposes of this section or how such removal can be mitigated consistent with the purposes of this section. 
      2. b.
         The Planning Board may approve, approve with conditions, or deny the alternative landscape plan. If conditions are established, they shall be enforceable in accordance with the provisions of the development permit.
10. J.
    Infrastructure:

    1. 1.
       Infrastructure shall be installed in steep slope areas in accordance with the provisions of this section and any other applicable provisions in CHAPTER 13. 
    2. 2.
       Roads and driveways created on parcels with steep slopes should follow the natural terrain, unless necessary to accomplish the purpose. 
    3. 3.
       The approving authority shall have the authority to modify infrastructure requirements and impose such conditions as are necessary to minimize the disturbance caused by the installation of infrastructure in steep slope areas. 

       1. a.
          Modifications and conditions shall be intended to minimize disturbance and increase the safety and stability of infrastructure, and shall not be granted or imposed to reduce cost to the developer. 
       2. b.
          Modifications and conditions may relate but shall not be limited to pavement width, sidewalk width, curb and gutter design and width, and shoulder design. The maximum road grade requirement shall not be modified. 
    4. 4.
       Culs-de-sac:

       1. a.
          The required turnaround on a dead-end street in a steep slope area shall have a roadway diameter of not less than 50 feet. 
       2. b.
          If the street length does not exceed 300 feet and if construction difficulties will not permit a turnaround, the use of a "Y" or "T" or other turning space of a design such as will allow a vehicle with a wheel base of at least 20 feet to complete a turning movement with a maximum of one backing movement may be permitted. 
    5. 5.
       Grading: 

       1. a.
          Grading shall not be required for the full right-of-way in steep slope area if the administrator determines that full grading will prevent convenient access to adjoining property or will destroy the natural beauty of the site by excessive cut and fill. 
       2. b.
          Shoulder fill slopes shall not be steeper than 40%.

(Ord. No. 3-07, §§ 2, 3, 2-5-07; Ord. No. 15-08, §§ 17, 18, 12-5-08; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2023-22, § 1(Exh. A), 6-5-23; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

Effective on: 6/3/2024

In order to prevent soil erosion and sedimentation pollution of streams, springs, flat water bodies, drainage networks, or other surface waters, the property owner shall at all times comply with all requirements of the North Carolina Sedimentation Pollution Control Act of 1973, as amended.

1. A.
   The following conditions are considered hazardous, a nuisance, and a threat to property and the environment; creating such conditions and/or allowing them to continue shall constitute a violation of this ordinance.

   1. 1.
      The discharge or deposition of sedimentation pollution from one parcel of land onto another parcel of land of the same or different ownership.
   2. 2.
      The discharge or deposition of sedimentation pollution onto a street or public right-of-way, including drainage ditches and swales within a public right-of-way.
   3. 3.
      The discharge or deposition of sedimentation pollution into any surface water, including drainage ditches and swales.
   4. 4.
      The discharge or deposition of sedimentation pollution into wetlands, surface water protection areas, or other protected areas.
   5. 5.
      The uncontrolled or uncontained movement of sedimentation pollution within any parcel of land.
   6. 6.
      The presence of destabilized slopes that may collapse and pose a hazard to life or property.
   7. 7.
      Any other condition that may pose a nuisance or hazard to life, property, or the environment by means of the movement, collapse, discharge, or deposition of earth.
2. B.
   Requirements of the property owner and developer. The property owner or developer or both, as the case may be, are responsible for ensuring that development complies with the following requirements of this ordinance:

   1. 1.
      No land disturbance activity of any kind shall take place without a site plan approval authorizing development of the site. The tilling of earth for the cultivation of crops and other incidental land disturbances as determined by the administrator shall be exempt from this requirement.
   2. 2.
      Development shall at all times comply with the provisions of this Chapter and with the provisions of the North Carolina Sedimentation Pollution Control Act.
   3. 3.
      The discharge of sedimentation pollution from agricultural fields, gardens, unsurfaced driveways and parking lots, grading, excavations, open cuts, side slopes, and other land surface disturbances shall be prevented, and all grading, excavations, open cuts, side slopes, and other land surface disturbances shall be mulched, seeded, sodded, or otherwise protected with appropriate sedimentation and erosion control treatments.
   4. 4.
      All cut slopes, fill slopes, side slopes, road or driveway embankments, and any other sloping excavated area or land disturbance shall be stabilized at all times to prevent potentially hazardous subsidence or collapse, or the discharge of sedimentation pollution. Such areas shall at all times be maintained at a grade of no greater than 40%.
   5. 5.
      Erosion and sedimentation from all land disturbance activities shall be controlled and contained with silt fencing, road matting, and any other method approved by the administrator to prevent the deposition of sedimentation pollution upon adjoining parcels, lots, streets, and any surface water. Failure to properly install and/or properly maintain approved sedimentation/erosion control measures shall constitute a violation of this ordinance.
   6. 6.
      Furthermore, it is recognized that development projects are dynamic and that proposed and approved sedimentation/erosion control measures may, from time to time, prove inadequate. Therefore, it shall also be a violation of this ordinance to fail to install additional sedimentation/erosion control measures upon observing, or being notified, that approved and installed sedimentation/erosion control measures are insufficient.
   7. 7.
      Erosion and sedimentation control measures, structures, and devices shall be planned, designed, and constructed to provide protection from the calculated maximum peak rate of runoff from a ten-year storm.
   8. 8.
      On-site areas that are subject to severe erosion, and off-site areas that are especially vulnerable to damage from erosion and/or sedimentation, shall be identified and receive special attention.
   9. 9.
      All land-disturbing activities shall be planned and conducted to limit exposure to the shortest feasible time.
   10. 10.
       Exposed slopes shall be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion within 30 calendar days after completion of any phase of grading.
   11. 11.
       All uncovered areas shall be provided with protective cover unless the administrator has granted an extension of time, for good cause shown, upon written request of the property owner and developer. This cover shall be planted within 15 working days (exclusive of days where seedbed preparation is not possible due to weather as determined by the administrator) or 90 days following completion of any phase of grading, whichever period is shorter. Ground cover is not required on cleared land forming the future basin of a planned reservoir.
   12. 12.
       Land disturbance shall not be permitted within surface water protection areas, except as permitted within this chapter.
3. C.
   Duties of the administrator:

   1. 1.
      The administrator shall require a copy of a North Carolina Department of Environmental Quality approved sedimentation and erosion control plan prior to the issuance of site plan approval for any project proposing to disturb one acre or more of land.
   2. 2.
      The administrator shall, from time to time, inspect areas of land disturbance for compliance with this section and shall take necessary action to remedy violations.
   3. 3.
      Upon observation of any violation of this section, the administrator shall notify the property owner and developer of such violation and the need to remedy it. If the property owner and developer fail to take immediate and appropriate action to remedy the violation, the administrator shall take action to remedy the violation in accordance with the procedures set forth herein. Furthermore, the administrator shall notify the appropriate office of the North Carolina Department of Environmental Quality of a potential violation of the North Carolina Sedimentation Pollution Control Act of 1973.

(Ord. No. 2023-22, § 1(Exh. A), 6-5-23)

Effective on: 6/5/2023

The purpose this section is to (1) protect life and property and minimize nuisances by limiting destructive runoff and flooding generated by impervious surface areas; (2) to protect water quality and natural ecosystems by filtering sediments and pollutants such as nitrogen, phosphorus, trace metals, and hydrocarbons; and (3) limit additional impervious surface areas to the greatest extent possible.

1. A.
   Affected property: The requirements of this section shall apply to the following activities:

   1. 1.
      Any new non-residential or mixed-use development that disturbs more than one acre of land, or will have an impervious surface area more than 50 percent of the total acreage of the site.
   2. 2.
      Any new residential development or subdivision of eight or more dwelling units.
   3. 3.
      Any project for which stormwater management is required as a condition of approval by the planning board, board of adjustment, or city council.
   4. 4.
      In the event of redevelopment that results in increased impervious area, only the new impervious areas are subject to the standards in subsection 6.6.C.
2. B.
   Exempt activities: The following activities are exempt from the stormwater management provisions of this section:

   1. 1.
      Existing bona fide agricultural structures used exclusively for agricultural purposes.
   2. 2.
      Development or redevelopment of a single one or two-family dwelling unit that disturbs less than one acre and will have an impervious surface area less than 20,000 square feet.
   3. 3.
      Redevelopment that results in no net increase of impervious surface area on a property.
   4. 4.
      Development or redevelopment of parcels located within the Heart of Brevard Municipal Service District.
   5. 5.
      Small accessory buildings or structures, or additions less than 400 square feet.
   6. 6.
      Residential infill development as defined in CHAPTER 19 of this ordinance.
3. C.
   Stormwater management requirements: The following requirements shall apply to all impervious surface areas of affected properties.

   1. 1.
      Design standards:

      1. a.
         Runoff volume shall be calculated with the use of the Soil Conservation System (SCS) method.
      2. b.
         The stormwater run-off generated by a two-year and ten-year, 24-hour rain event, shall be limited to the pre-development discharge rates.
      3. c.
         At a minimum, stormwater measure shall be designed to remove 85 percent of the Total Suspended Solids (TSS) from the first inch of any rain event.
      4. d.
         Stormwater measure shall have a drawdown of 48 hours, but not more than 120 hours.
   2. 2.
      Stormwater measures shall be designed by a certified design professional in the State of North Carolina, and shall be constructed and maintained in accordance with commonly accepted best practices.
   3. 3.
      Small scale Stormwater management practices, non-structural techniques, low-impact designs (LID), and site planning designed to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources must be implemented. Only when it is absolutely necessary is the use of a structural BMP warranted.
   4. 4.
      Structural treatment devices used as an alternative to, or in conjunction with LID techniques are acceptable only when practically necessary.
   5. 5.
      Stormwater measures may be located off-site provided such measures are located within a parcel of land under the same ownership as the affected property or within a common area under the management of a property owners' association or similar entity. When stormwater measures are located off-site, deeds of both the affected property and the property containing the stormwater measure shall be provided and shall clearly reference an access easement and the right and responsibility of the owner of the affected property to access and maintain such measure.
   6. 6.
      In all instances stormwater measures shall be designed to complement a development and surrounding community and to minimize any threat to public health. If ponds or lakes are used, such areas shall be landscaped as amenities or hidden from view. This provision applies regardless whether the pond or lake typically contains water or may be dry for periods of time.
4. D.
   Permit requirements: The administrator shall review all stormwater plans required by this ordinance to ensure compliance therewith. In making this determination, the administrator shall use the Stormwater Best Management Practices Design Manual published by the North Carolina Department of Environmental Quality or other commonly accepted information and engineering data.

   1. 1.
      Stormwater management system concept plan. When required as part of any project, a written or graphic concept plan of the proposed post-development stormwater management system shall be submitted along with other application materials and shall include the following: preliminary selection and location of proposed structural stormwater controls; low impact design elements; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings.
   2. 2.
      As-built plans and final approval. Upon completion of a project, and before final zoning approval or a certificate of occupancy may be granted, the applicant shall certify that the completed project has been built in accordance with the approved stormwater management plans and designs. The applicant shall submit actual "as built" plans for all stormwater management facilities or practices after final construction is completed.
   3. 3.
      The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the stormwater management measures and plans shall certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this ordinance.
   4. 4.
      A final inspection and approval by the administrator is necessary prior to the issuance of any certificate of occupancy, release of performance guarantee, or other final approval.
5. E.
   Inspection of measures: The Administrator may, from time to time, inspect approved stormwater measures for compliance with this section and approved plans. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in stormwater measures; and evaluating the condition of stormwater measures. No person shall obstruct, hamper or interfere with the Administrator while carrying out his or her official duties. If the owner or occupant of any affected property refuses to allow such inspection, the Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor.
6. F.
   Maintenance of stormwater measures:

   1. 1.
      The owner of any stormwater measure installed pursuant to this section shall maintain and operate such measure so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the stormwater measure was designed.
   2. 2.
      Furthermore, stormwater measures installed prior to the enactment of this ordinance as a requirement of the issuance of any permit shall be subject to the maintenance requirements herein.
   3. 3.
      The owner of each stormwater measure, whether structural or non-structural in design, shall maintain it so as not to create or permit a nuisance condition.
7. G.
   Reserved.
8. H.
   Illicit discharges: Except as provided herein, no person shall cause or allow the discharge, emission, disposal, pouring, or pumping, whether directly or indirectly, of any liquid, solid, gas, or other substance, other than stormwater, into any surface water, ground water, or stormwater conveyance. This prohibition applies to any substance deposited upon the land in manner and amount that the substance is likely to reach a stormwater conveyance, surface or ground water.

   1. 1.
      The following discharges shall not be deemed illicit and shall be permitted under the terms stated:

      1. a.
         Water line flushing, except any anti-freezing agent;
      2. b.
         Landscape irrigation;
      3. c.
         Diverted stream flows;
      4. d.
         Rising ground waters;
      5. e.
         Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
      6. f.
         Uncontaminated pumped ground water;
      7. g.
         Discharges from potable water sources;
      8. h.
         Foundation drains;
      9. i.
         Air conditioning condensation;
      10. j.
          Irrigation water;
      11. k.
          Springs;
      12. l.
          Water from crawl space pumps;
      13. m.
          Footing drains;
      14. n.
          Lawn watering;
      15. o.
          Individual residential car washing;
      16. p.
          Flows from riparian habitats and wetlands;
      17. q.
          Dechlorinated swimming pool discharges;
      18. r.
          Street wash water; and
      19. s.
          Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the State of North Carolina.
   2. 2.
      Prohibited discharges include but are not limited to the following:

      1. a.
         Discharges of oil, anti-freeze, chemicals, paints, garbage, litter;
      2. b.
         Raw sewage discharges or overflows;
      3. c.
         Discharges of wash water resulting from the hosing or cleaning of gasoline stations, auto repair garages, or other types of automotive service facilities;
      4. d.
         Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility (including motor vehicles, cement-related construction equipment, port-a-potty servicing, etc.);
      5. e.
         Discharges of wash water from mobile operations such as steam cleaning, power washing, pressure washing, carpet cleaning, and mobile carwash facilities; discharges of wash water from the cleaning or hosing of impervious surfaces in industrial and commercial areas including parking lots, streets, sidewalks, driveways, patios, plazas, work yards, and outdoor eating or drinking areas;
      6. f.
         Discharges of runoff from material storage areas containing chemicals, fuels, grease, oil or hazardous materials or chemicals;
      7. g.
         Discharges of pool or fountain water containing chlorine, biocides or other chemicals, and also discharges of pool or fountain filter backwash water;
      8. h.
         Discharges of water containing sediment or construction-related wastes; and
      9. i.
         Discharges of food-related wastes such as grease, oil, fish processing water, kitchen mat wash water, trash bin wash water, pouring liquids into dumpsters.
9. I.
   Illicit connections: Other than those exceptions listed in Section 6.6.H.1, above, it shall be unlawful to cause or permit any connection to a surface water or stormwater conveyance or stormwater conveyance system that allows the discharge of anything other than stormwater.

   1. 1.
      Prohibited connections include, but are not limited to the following: floor drains, wastewater from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and wastewater from septic systems.
   2. 2.
      Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one year following the effective date of this ordinance. Provided, however, the one-year grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat.
   3. 3.
      Upon determining that an illicit connection may result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat or that a connection was made in violation of any applicable regulation or ordinance, other than this section the administrator shall designate the time limit within which the connection shall be removed. In setting the time limit for compliance, the administrator shall take these matters into consideration:

      1. a.
         The quantity and complexity of the work;
      2. b.
         The consequences of delay;
      3. c.
         The potential harm to the environment, to the public health, and to public and private property; and
      4. d.
         The cost of remedying the damage.
10. J.
    Fee-in-lieu of stormwater compliance: On-site compliance with the requirements of this section may be impractical or impossible on certain parcels within the city. The owner and/or developer of affected properties may pursuant to the provisions set forth herein, opt to pay a fee-in-lieu of compliance with the stormwater management requirements of this section.

    1. 1.
       Payment may be made in the form of contribution of funds, contribution of land, contribution of engineered stormwater control construction work, or a combination of these.
    2. 2.
       Fees shall be based upon the actual cost of construction of a structural stormwater measure to control and treat stormwater runoff from the total impervious surface area of the affected property.
    3. 3.
       Fee-in-lieu contributions shall be set aside in a dedicated fund, and applied to stormwater management and other water quality improvement projects.

       Purposes eligible for fee-in-lieu contributions include the following:

       1. a.
          The acquisition, design, or construction of stormwater control and treatment measures.
       2. b.
          Stream bank, wetland, or other surface water protection and restoration projects that enhance stormwater management goals, reduce erosion, and enhance water quality.
       3. c.
          The elimination of illicit or inappropriate connections to stormwater conveyances.
       4. d.
          Other activities identified by the city manager, provided that such activities are for the sole purpose of improving water quality.
       5. e.
          Matching funds for grants to fund any of the aforementioned types of activities.
       6. f.
          Matching funds for participation in any water quality improvement program funded by the Transylvania County Soil and Water Conservation Service, the North Carolina Department of Environmental Quality, the USDA Natural Resources Conservation Service, or other local, regional, state or federal agencies.
    4. 4.
       The expenditure of stormwater contributions is limited as follows:

       1. a.
          To the extent practical, contributions shall be applied to activities that will result in water quality benefits comparable to the benefits of controlling and treating stormwater on the contributing property.
       2. b.
          Contributions shall not be applied to the stormwater management requirements of other affected properties, or to the same affected property to satisfy the stormwater management requirements of future site plan approvals.
       3. c.
          Contributions shall not be applied to any other purpose or activity of the city not directly related to stormwater management and water quality improvement.

(Ord. No. 15-08, § 19, 12-5-08; Ord. No. 2017-10, § 1(Exh. A), 4-24-17; Ord. No. 2018-25, § 1(Att. A), 9-17-18; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2024-46, § 1(Exh. A), 12-2-24)

Effective on: 12/2/2024

1. A.
   Purpose and intent: The purpose of this section is to provide a network of protected stream corridors thereby helping to maintain water quality, provide wildlife habitats, filter pollutants, store floodgates, and contribute to the "green infrastructure" of the City of Brevard and lands within its jurisdiction. Stream systems are comprised of each stream and its respective drainage basin. Streams have the primary natural functions of conveying storm, ground, and surface waters, storing flood waters, and supporting aquatic life. Vegetated lands adjacent to the stream channel serve to protect the stream's ability to fulfill its natural functions. Surface water protection areas have the primary natural functions of protecting water quality by (1) filtering sediments and pollutants such as nitrogen, phosphorus, trace metals, and hydrocarbons, (2) providing intermittent storage for flood waters, (3) allowing channels to meander naturally, and (4) providing suitable habitat for wildlife.
2. B.
   Applicability: This section shall apply to all surface waters (as defined by this ordinance) and all non-encroachment areas and regulatory floodways (as delineated upon the most recently published Flood Boundary and Floodway Map (FBFM) and/or Flood Insurance Rate Map (FIRM), within the planning jurisdiction of the City of Brevard.
3. C.
   Relationship to previously approved development plans, structures, and uses: Uses and structures approved and constructed in a protection area prior to the enactment of this ordinance may remain as nonconformities, subject to any legal requirements attributed to that status. All development plans, development projects and uses permitted subsequent to the enactment of this ordinance, including expansions to previously approved and constructed uses and structures, shall comply with the surface water protection requirements of this ordinance.
4. D.
   Surface water protection area delineation: Surface water protection area requirements apply to the regulatory floodway and non-encroachment areas, as well as lands within 30 feet from the top of each bank of a stream or other surface water body.

   1. 1.
      For streams and other surface waters with defined channels, protection area widths are measured horizontally on a line perpendicular to the surface water, landward from the top of the bank on each side of the channel.
   2. 2.
      "Top of bank" shall be determined by the administrator by considering factors such as the break in slope for a watercourse and the presence of streamside vegetation.
   3. 3.
      For rivers, streams, creeks, brooks, and any other continuous body of surface water flowing within the bed and banks of a channel, the determination of applicability of this section shall be based on the water body’s inclusion on the NC Surface Water Classifications Schedule and Map, as maintained by the Division of Water Resources of the North Carolina Department of Environmental Quality.
   4. 4.
      For wetlands, as defined in this ordinance, protection area widths are measured horizontally, landward from the outermost point at which wetland conditions can be identified.
   5. 5.
      For ponds, lakes, and other impounded surface waters, protection areas widths are measured horizontally, landward from the ordinary high water line. Protection areas requirements do not apply to wet ponds used as structural stormwater control and treatment measures for stormwater.
   6. 6.
      For other surface waters, the protection area shall be determined by the administrator in consideration of the purposes of this section.
   7. 7.
      When a combination of floodway/non-encroachment area and/or surface water types exist, the most restrictive measurement of surface water protection area shall apply.
5. E.
   Surface water protection area requirements:

   1. 1.
      Protection areas shall be left in a naturally vegetated state, unless reforestation of disturbed protection areas is required as part of any site plan approval. When reforestation of a disturbed protection area is required, it shall be done in accordance with a planting plan approved by the administrator.
   2. 2.
      Concentrated runoff from ditches or other manmade conveyances shall be diverted to diffuse flow before the runoff enters the protection area.
   3. 3.
      Periodic corrective action to restore diffuse flow shall be taken by the property owner as necessary to avoid the formation of erosion gullies.
   4. 4.
      Diffuse flow of runoff shall be maintained in the protection area by dispersing concentrated flow and reestablishing vegetation.
   5. 5.
      Surface water protection areas shall be delineated upon any development plan and shall be noted as protection areas within which no disturbance or development shall be permitted.
   6. 6.
      The following impacts are expressly forbidden in surface water protection areas (including floodways, non-encroachment areas) and associated water bodies:

      1. a.
         The placement of fill or the deposition of any natural or manmade material or substance;
      2. b.
         New development, substantial improvements, new construction, new impervious surfaces, the placement of structures or any other form of development or encroachment, except those associated with public utilities;
      3. c.
         Grading, excavation, the removal of vegetation, or any disturbance of any kind; except excavation and fill required to plant any new trees or vegetation;
      4. d.
         The ditching, dredging, channelization, straightening, relocation, diking, levying, or any other alteration or modification of any kind, to surface waters, except dredging necessary to maintain pre-existing, human-made water impoundments such as ponds and lakes;
      5. e.
         The routing underground (by culvert or other means) of any surface water, except to facilitate crossings by approved roads, streets, driveways, greenways, sidewalks, and other transportation facilities;
      6. f.
         The impoundment of water bodies (this shall not prohibit the maintenance of existing ponds, lakes, and other impoundments); and
      7. g.
         Any other type of encroachment, disturbance, or modification to floodways, non-encroachment areas, or other surface water protection areas or associated surface waters.
   7. 7.
      The following protection area impacts are permitted; however, design and construction shall comply with applicable city standards for stabilization of disturbed areas to minimize negative effects on the quality of surface waters.

      1. a.
         Road crossings for connectivity or transportation links and required utilities including public and private streets, driveways, and bridges, where the City of Brevard has granted site plan approval.
      2. b.
         Parallel water and sewer utility installation as approved by City of Brevard.
      3. c.
         Approved public or common area open space, paths and trails. Pathways should use existing and proposed utility alignments or previously cleared areas and minimize tree cutting to the maximum extent practicable. To the extent possible, pathways shall be "on-grade" and shall preserve existing drainage patterns and avoid drainage structures that concentrate stormwater.
      4. d.
         Incidental drainage improvements/repairs for maintenance provided that such maintenance does not result in channelization, straightening, or modification of the natural course of a stream channel or the deforestation of the regulatory floodway or protection areas.
      5. e.
         Mitigation approved by a local, state, or federal agency acting pursuant to Sections 401 or 404 of the Federal Clean Water Act.
      6. f.
         Stream bank or stream channel restoration or soil stabilization activities of the North Carolina Cooperative Extension Service, Transylvania County Soil and Water Conservation Service, USDA Natural Resources Conservation Service, Transylvania County, the City of Brevard, the North Carolina Forest Service, or a cooperating organization or entity. This exception does not include the straightening or channelization of any watercourse.
      7. g.
         The removal of invasive exotic plant and tree species or trees posing a hazard to life or property.
   8. 8.
      Uses permitted in the protection area shall be coordinated to ensure minimal disturbance of the protection area system. For example, if it is necessary to install utilities within the protection area and if greenway trails are then to be built, they should follow these cleared areas instead of necessitating additional clearing.
   9. 9.
      The approving authority may reduce the required front, rear, or side setbacks by up to 20 percent of the required distance in order to facilitate compliance with this section. Additional setback deviations shall be considered as variances by the BOA in accordance with the procedures set forth in Section 16.8.

( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2023-42, § 1(Exh. A), 9-5-23)

Effective on: 9/5/2023

The City of Brevard's corporate limits and extraterritorial jurisdiction includes a significant amount of flood prone areas that are subject to periodic inundation which results in loss of life, property, health hazards, safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

In order to prevent unsafe development and protect human life and health in flood prone areas, to minimize the expenditure of public money for costly flood control projects, and to minimize the need for rescue and relief efforts associated with flooding, the city has adopted a flood damage prevention ordinance, and no structure or land shall be built, located, extended, converted, altered, or developed in any way without full compliance with the terms of the ordinance requirements, found in CHAPTER 34 of the City's Code of Ordinances, and other applicable regulations.

(Ord. No. 2018-18, § 1(Att. A), 8-20-18)

Editor's note(s)—Prior to reenactment by Ord. No. 2018-18, § 1(Att. A), adopted Aug. 20, 2018, Ord. No. 20-09, § 4(Exh. B(4)), adopted Sept. 21, 2009, repealed § 6.8, which pertained to flood hazard prevention requirements and derived from Ord. No. 3-07, §§ 4—6, 2-5-07.

Effective on: 1/1/1901