12.6.1. This section shall not apply to light rail lines or corridors.

12.6.2. To minimize the loss of existing or former railroad corridors which may have public value as corridors for other forms of transportation, railroad corridors designated for preservation on a plan adopted by a governing body shall be identified on development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans, site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided..

12.6.3. The rail bed and original right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be designated for the purpose of dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. or reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency. in accordance with requirements for dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. and reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency. pursuant to Sec. 12.5, Recreation Land. Dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. railroad corridors shall reduce the applicant’s obligation to dedicate The transfer without payment of ownership or other interest in real property from a private entity to a public agency. recreation land under Sec. 12.5, Recreation Land, by the amount of the corridor dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency..

12.6.4. Unless agreements have been established that prohibit a railroad crossing, the following shall apply:

A. Crossing of the railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be permitted for boulevards and major/minor thoroughfares designated on an adopted transportation plan.

B. No additional at-grade crossings of the corridor by streets or drives shall be allowed, unless a minor special use permit pursuant to Sec. 3.9, Special Use Permit, is approved. In addition to the findings specified in paragraph 3.9.8A, General Findings, the Board of Adjustment shall also find that extreme hardship would result to the property owner Any person having charge of any real property according to the records held by the Register of Deeds. due to:

1. Lack of access; or

2. Design constraints that severely limit the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. potential of the property.

A. Applicability

The requirements of this Article shall apply to all development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., unless expressly exempted by the language of the sections below.

B. Mitigation

The approving authority can require on- and off-site improvements to mitigate the impacts of the proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

C. Clearing and Grading

1. All property required to be dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency., reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency. or otherwise set aside and identified on the approved site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. shall be surveyed, staked, and appropriately marked and protected prior to beginning clearing and grading A land disturbing activity that modifies the contours of the land. work.

2. All clearing and grading A land disturbing activity that modifies the contours of the land. work shall be in conformance with the approved site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review..

D. Floodplains

Base floodplain elevation data shall be provided for all development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. proposals that are impacted by a floodplain as required by Sec. 8.4, Floodplain and Flood Damage Protection Standards.

E. Compliance

Prior to any land disturbing activity Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition., the applicant shall comply with all Federal, State, and local permitting requirements.

F. Utility Lines and Drainage Channels

Such facilities shall be located in groupings and with the least possible disturbance to existing trees to the maximum extent allowed by sound engineering practices, as determined by the Public Works director or designee.

G. Consistency with Adopted Plans

Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall comply with adopted public plans for the area in which it is located. This includes plans for public facilities A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government. such as rights-of-way, parks and open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction., schools, and other similar facilities.

Permanent survey monuments and markers shall be installed in accordance with N. C. General Statutes 39-32 and 47-30, as supplemented by City/County and N. C. Department of Transportation requirements.

When a proposed site for any public facility A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government., including but not limited to schools, or other public use sites, is shown on an adopted plan, the site shall be reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency. and/or dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. in accordance with paragraph 3.6.7E, Reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency. of Public Facility A building or area owned or used by any department or branch of the Durham City Government, Durham County Government, the State of North Carolina, or the Federal Government. Sites and Lands.

A. Storm drainage and utility easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. for water, sanitary sewer, electricity, gas and communications improvements shall be provided in the location and to the width as required by the provider.

B. Easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. for other purposes, including but not limited to trails and greenways, scenic views, historic preservation, cemetery A place used or to be used and dedicated or designated for interment of human remains or pet animal remains. access, and unique natural sites, shall be designed for reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency. or dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. as appropriate.

C. All site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. shall exhibit standard easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. notes stating the type and purpose of the easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. along with a list of prohibited uses/activities within the easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

D. Any cross access agreement shall specify maintenance responsibilities and require that access be unrestricted. The agreement and a plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. depicting the easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. shall be recorded. Copies of the recorded documents and an attorney certification that the requirements of this paragraph have been met shall be provided to the Planning Director or designee.

Dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. and publicly maintained streets shall be required for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in all districts except as described in paragraph 12.2.2A, Private Streets or Roads See “Street, Public” and “Street, Private.”. An unlimited number of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. permits can be issued for land parcels See “Lot of record.” adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a public street that is not maintained by either the City or NCDOT. However, no occupancy permits shall be issued unless the street has been accepted for maintenance by the City or NCDOT, as appropriate, or the construction has been certified to be acceptable for maintenance by the City or NCDOT, as appropriate, or a surety instrument has been posted in an amount adequate to complete construction to the satisfaction of the City Public Works Director or NCDOT, or appropriate designees. For streets outside the corporate limits, the applicant shall request NCDOT maintenance as soon as the NCDOT occupancy requirement is met; not more than twice the minimum number of units required for maintenance by NCDOT shall be issued Certificates of Occupancy prior to acceptance for maintenance by NCDOT.

No building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. shall be erected or enlarged on a parcel See “Lot of record.” in any district unless such parcel See “Lot of record.” abuts upon or has access to a publicly accepted and maintained street, except in the following circumstances.

A. Private Streets or Roads

Private streets or roads See “Street, Public” and “Street, Private.” are allowed in the following circumstances. Such streets shall be designed and constructed to meet or exceed public street standards of the City of Durham or NCDOT standards, as applicable. If the City or NCDOT does not conduct the inspection to certify the design and construction of the private street(s), inspection and certification by a third-party engineering firm approved by the City or NCDOT, as applicable, shall be provided.

1. Residential

a. For up to six single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. detached or duplex lots. Lots permanently protected as open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction., on which no development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. rights remain, shall not be counted in determining the number of lots on a private street;

b. For multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. areas of development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.;

c. If shown on an approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. as private streets;

d. Within Conservation Subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. designed and established pursuant to paragraph 6.2.4, Conservation Subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets.; or

e. (County only) For single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. that meet both of the following conditions:

(1) The private street(s) are within an additional phase to an existing single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. that already maintain private streets; and

(2) The subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. as a whole crosses a County line in which the other county allows private streets.

2. Nonresidential

For any nonresidential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in a nonresidential district.

B. Ingress/Egress/Regress Easements Other than Private Streets

Unless otherwise allowed in this Ordinance, ingress/egress easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. not involving construction of a private street shall be permitted in the following circumstances:

1. Single-Family Residence

Easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. shall be allowed for one single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. residence on an existing lot of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. as of September 16, 1996. The parcel See “Lot of record.” shall not be further subdivided.

2. Other Instances

a. Ingress/Egress/Regress Easements of Record

Ingress/egress/regress easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. of record that were recorded as of September 16, 1996, can continue to serve as access.

b. Driveways

A driveway A private roadway located on a parcel or lot used for vehicle access. shall be allowed for vehicular access to multiple parcels See “Lot of record.” or lots:

(1) Within a townhouse A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouse development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or shopping center A group of retail businesses developed under a uniform development scheme and served by common off-street parking facilities., even if those parcels See “Lot of record.” or lots are individually owned. Any such driveway A private roadway located on a parcel or lot used for vehicle access. within a townhouse A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouse development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be located entirely in a common area; or

(2) Within projects utilizing the Multiple Flags provisions as described in Section 6.12.6.

c. Driveways A private roadway located on a parcel or lot used for vehicle access. and other ingress/egress easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. serving a residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. may extend through a non-residential zoning and may be used to satisfy access requirements. This is allowed if:

(1) The non-residential zoning allows for the same type of residential use as the zoning of the residential parcel See “Lot of record.”(s), and

(2) The access drive or easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. is not within an existing or proposed vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. use area.

Prior to acceptance by the City, any private street, or any driveway A private roadway located on a parcel or lot used for vehicle access. allowed for access within a townhouse A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouse development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or shopping center A group of retail businesses developed under a uniform development scheme and served by common off-street parking facilities. under paragraph 12.2.2B.2.b. above, that is not constructed and maintained to City or NCDOT street standards shall be improved to City street standards.

A. External motor vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. access to development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be provided as indicated below. In determining the number of access points that shall be required, the cumulative impacts of prior developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. on the roads See “Street, Public” and “Street, Private.” shall be considered.

B.     External Access Requirements for Residential and Other Developments

1. Single-Building Apartment Complex Exemption

Standalone apartment complexes which consist of a single building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. and independent of the number of dwelling units A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation., shall require a minimum of one point of vehicular and pedestrian access.

2. External Access Exemption

The requirements for vehicular and pedestrian access points required in 12.2.4 shall not apply to Design Districts, see Sec. 16.4, Streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall., Right-of-Way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., and Block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings./Lot Standards.

Within any proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., the proposed street layout shall be coordinated with the existing and planned street system of the surrounding area, with respect to location, alignment, and cross-section. Street design shall satisfy the minimum requirements of the City Public Works Director, City Transportation, NCDOT, or applicable designees.

A. Right-of-Way

1. A proposed right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be of sufficient width to accommodate the required cross section of the roadway. In no case shall the proposed right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. be less than the currently adopted standards by the City or NCDOT, as applicable.

2. Right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. and/or reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency. and improvements installed to City or NCDOT standards for each class of street as follows:

a. Freeways

The entire right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. shall be reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency. for future acquisition and improvement by the public.

b. All Other Public Streets

(1) New Streets

The right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. required to accommodate the proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency., with the remainder reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency.. The applicant shall be required to install improvements sufficient to service traffic demands of proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

(2) Existing Streets

The applicant shall dedicate The transfer without payment of ownership or other interest in real property from a private entity to a public agency. or reserve The withholding by a private entity of specific real estate from development pending acquisition by a public agency. additional right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. and install improvements as required to serve proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. Other improvements shall be installed according to the City Public Works Reference Guide for Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or NCDOT standards, as applicable.

3. Right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. shall be for the purposes of conformance to adopted plans or for the accommodation of other public purposes such as but not limited to streets, sidewalks, bicycle facilities, and utilities. Dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. of right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. that does not satisfy, or aid in satisfying, an identified public purpose shall not be shown or approved on any applicable site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided..

B. Grades and Curves

Proposed streets shall be designed in accordance with the standards and specifications of the City Public Works Department or NCDOT, as applicable.

C. Intersections

1. Street intersections shall be as nearly at right angles as possible with no intersection angle less than the minimum established by the City Transportation Department or NCDOT, as applicable.

2. Offset intersections shall only be allowed on streets which cannot be aligned, and shall be separated by a minimum distance determined by the City Transportation Department or NCDOT, as applicable, considering possible signalization, necessary storage, and sight distance, as well as other design constraints.

3. Adequate sight distances shall be provided at all intersections between streets and at driveway A private roadway located on a parcel or lot used for vehicle access. intersections with streets.

4. Property lines at corners of all intersecting streets shall, as a minimum, be established as the hypotenuse of a triangle with each leg having a length of at least 20 feet or as required by the City Transportation Department or NCDOT along both street rights-of-way.

D. Sight Triangles

1. Intersections and Corner Lots

At intersecting streets, a sight triangle shall be established. The sight triangle shall be formed by connecting two points along the pavement edges or the extended lines of the pavement edges, 25 feet from where those extended lines meet.

2. Driveways

For any driveway A private roadway located on a parcel or lot used for vehicle access., a sight triangle measuring ten feet from the back of curb and extending 70 feet from the edge of each side of the driveway A private roadway located on a parcel or lot used for vehicle access. shall be required.

3. Design Standards

Within the sight triangle, no materials which would impede traffic visibility shall be allowed. Structures, fences and plant materials that extend into the sight triangle between two and one half feet and eight feet in height, as measured from the grade A land disturbing activity that modifies the contours of the land. of the street or drive, shall not be allowed.

4. Alternative Dimensions

Alternative dimensions shall be approved by the City Transportation Director or designee if the proposed dimensions will function as adequately as or better than standard Ordinance dimensions. The alternative dimensions shall be sealed by a qualified design professional, and designed utilizing the following criteria based upon industry standards such as, but not limited to, A Policy on Geometric Design of Highways and Streets by the American Association of State Highway and Transportation Officials (commonly known as the AASHTO green book); Traffic Engineering Handbook by the Institute of Transportation Engineers; or Roundabouts: An Informational Guide by the U.S. Department of Transportation Federal Highway Administration.

a. Street width The horizontal distance between the side lines of a street, measured at right angles to the side lines.;

b. Posted speed limits;

c. Stopping position;

d. Field obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, 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.;

e. Horizontal and vertical curves;

f. Travel direction (one-way vs. two-way streets); and

g. Traffic control measures (signals, roundabouts, etc.).

E. Cul-de-sac Streets

Cul-de-sac A short street having only one end open to traffic and the other being permanently terminated with a vehicular turn-around provided. streets shall not be longer than 800 feet and shall be terminated by a circular right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. having a minimum diameter of 92 feet or an approved alternative turnaround as determined by the City Transportation Director or NCDOT, or appropriate designees. The length of cul-de-sac A short street having only one end open to traffic and the other being permanently terminated with a vehicular turn-around provided. streets shall be measured from the centerline of the bulb to the edge of pavement at the nearest intersection.

F. Stub Outs

1. Unless exempted below, stub outs The extension of a street to an external property line to facilitate future roadway connection and reduce traffic impacts on the road network. shall be required on each side (as defined by each of the cardinal directions) of a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as follows:

2. Stub outs shall not be required if:

a. Adjacent Property abutting directly on the boundary of, touching, or sharing a common point. existing development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. has not made any accommodation for such connections; or

b. Adjacent Property abutting directly on the boundary of, touching, or sharing a common point. sites are permanently protected from development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. through conservation easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. or ownership that precludes development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.; or

c. The only point of access would require crossing floodplains, steep slopes, or other similar natural features; or

d. The existing street pattern in the area of the proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. already provides for vehicular connections at intervals no greater than one-half mile apart in the Rural Tier, one-quarter mile apart in the Suburban Tier, or one-fifth mile apart in the Urban Tier.

3. Connections

The proposed street layout in new development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be coordinated with the existing street system with connections made at all stub outs The extension of a street to an external property line to facilitate future roadway connection and reduce traffic impacts on the road network.. Stub outs shall be built to the edge of the site.

a. Alternatives to building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. to the edge of the site are allowed per the following:

(1) A determination is made by NCDEQ that prevents the full construction of the stub, in which case the stub shall be constructed to the extent allowed by NCDEQ. The following shall also be required:

(a) A payment-in-lieu for the remainder of the stub out The extension of a street to an external property line to facilitate future roadway connection and reduce traffic impacts on the road network. shall be provided pursuant to the requirements of the City’s Reference Guide for Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. 

(b) Construction and slope easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., and the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. required to build the stub out The extension of a street to an external property line to facilitate future roadway connection and reduce traffic impacts on the road network., shall be dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency.. 

(2) Any other request to modify this requirement will require a variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. for the minimum modification necessary to provide relief, per Sec. 3.16, Variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship.. If a variance A grant of relief to a person from the requirements of this Ordinance which permits construction or use in a manner otherwise prohibited by this Ordinance where specific enforcement would result in unnecessary hardship. is approved, the following shall also be required:

(a) A payment in lieu of construction shall be required pursuant to the requirements of the City’s Reference Guide for Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..  

(b) Construction and slope easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., and the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. required to build the stub out The extension of a street to an external property line to facilitate future roadway connection and reduce traffic impacts on the road network., shall be dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency.. 

b. Where no full connection can be made as a result of the topography of the site being developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., the developer Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall install a cul-de-sac A short street having only one end open to traffic and the other being permanently terminated with a vehicular turn-around provided. bulb or other turnout facility at the stub out The extension of a street to an external property line to facilitate future roadway connection and reduce traffic impacts on the road network. constructed according to the City of Durham Reference Guide for Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land...

4. Street Connection Notice Sign

A four square foot sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. that reads “Future Street Connection” shall be place at the center of the terminus of the street stub, facing oncoming traffic, and measuring five to six feet in height from the ground. The sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall comply with any applicable City of Durham Department of Transportation, NCDOT, and MUTCD standards.

G. Alleys

Alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street. shall be permitted and designed in accordance with design criteria established by the City or NCDOT, as applicable.

H. Reserve Strips Controlling Access

The reservation The withholding by a private entity of specific real estate from development pending acquisition by a public agency. of private property strips of too narrow a depth to permit development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as a means of controlling access to public ways shall not be permitted.

I. Frontage Roads and Access Streets

Where a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. abuts or contains a controlled or limited access right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., whether existing or proposed, an access street or frontage road See “Street, Public” and “Street, Private.” shall be required.

A. General

1. The provisions of this section shall apply to the initial naming and renaming pursuant to Sec. 3.25, Street Naming and Renaming.

2. Extensions of existing, named streets shall bear the existing street name.

3. Except for the naming or renaming of a street or right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. with a full or proper name, the Planning Director or designee, in consultation with the Durham Emergency Communications Center, shall be the approving authority for initial street names, or as provided by NCDOT procedures for right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. under NCDOT control.

a. Except for a full or proper name, the initial naming of a right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or driveway A private roadway located on a parcel or lot used for vehicle access., as allowed in this section, shall be reviewed for approval on a final plat The final map of all or a portion of a subdivision which is presented for final approval..

b. Approval of a full or proper name street name shall require approval by the applicable governing body, and NCDOT if applicable.

c. Approval of a street renaming shall be pursuant to Sec. 3.25, Street Naming and Renaming.

B. Public or Private Streets

A street name shall be established for a public street or a private street.

C. Townhouses and Pedestrian Malls

A street name can be established for a driveway A private roadway located on a parcel or lot used for vehicle access. allowed for access within a townhouse A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouse development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. under paragraph 12.2.2B.2.b. above, and for a pedestrian mall A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques. under paragraph 16.4.3C, Pedestrian Malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques.. Establishing a name shall not result in circumventing development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. requirements for private streets, sidewalks, street trees, or other items.

D. Rules for Names

The following rules shall apply for approval of any new street name.

1. Names submitted for approval of a new development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be limited to only the number of names needed for the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. No extra names shall be reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency. for future applications.

2. Names shall only be used for the project for which they were approved and shall not be used for other locations or projects.

3. Approval of names includes the approval of the spelling. A variation from the approved spelling shall not be allowed.

4. Each street name shall consist of at least two parts: the primary name and the street suffix type. The approval of the street suffix is part of the street name approval. Street suffixes shall only be from the official USPS list.

5. A street suffix shall not be part of, or come before, a primary name.

Commentary: For example, “LEAFY DRIVE ROAD See “Street, Public” and “Street, Private.”” would not be approved because “Drive” is a suffix used as a part of the primary name. “AVENUE OF AMERICAS” places the suffix before the primary name, and is therefore not approvable.

6. Streets shall have unique names, including primary names and suffixes.

a. Names shall not duplicate, or approximate or vary, an existing name in spelling or pronunciation.

Commentary: For example, “MAIN STREET” is an existing name, therefore “MANE STREET,” “MAINE STREET,” and “MAIN DRIVE” would not be approved.

b. The prohibition on duplicate or approximate names shall apply to a component of a name.

Commentary: For example, OAKS DRIVE, OAK RIDGE DRIVE, and OAK PLEASANT DRIVE all contain “Oak” as the primary name or a component of the primary name.

c. Words or names which are difficult to pronounce, and words in which the pronunciation is different than spelling, and therefore may cause confusion for citizens, users, and service providers, shall not be used.

d. Full names or proper names shall only be approved by the applicable governing body.

7. Cardinal directions shall not be used in a manner that is inconsistent with the current addressing system, or in a manner that would cause confusion.

Commentary: For example, EAST APPALACHIA DRIVE would not be approved if there were no corresponding WEST/NORTH/SOUTH APPALACHIA DRIVE. Additionally, a directional name will not be approved as a standalone name in a location that is contrary to the directional portion of the name. For example, NORTH COAST ROAD See “Street, Public” and “Street, Private.” would not be appropriate along the south shores of Jordan Lake.

8. Additional Restrictions

a. Numbers, spelled out or symbolized, shall not be used in the street name.

b. Abbreviations or acronyms shall not be used in the street name.

c. Special characters such as hyphens, symbols, apostrophes or other punctuation, or signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall not be used as characters in the street name.

d. Extensions or conjunctions shall not be used in the street name.

e. The maximum length for street names shall be twenty characters.

A. Standard street name signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be installed at one corner of all street intersections, including private streets and named driveways A private roadway located on a parcel or lot used for vehicle access. allowed for access within townhouse A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouse developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. under paragraph 12.2.2B.2.b above. The size, design, materials, location, fabrication, installation, and maintenance of the signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. and poles within the public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. and elsewhere shall be in accordance with City Transportation Department or NCDOT standards, as applicable. The developer Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or owner Any person having charge of any real property according to the records held by the Register of Deeds. of a private street or a common area in which a named driveway A private roadway located on a parcel or lot used for vehicle access. is located shall be responsible for permanent maintenance as well as fabrication and installation.

B. Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. denoting the beginning and ending of public maintenance shall also be erected and maintained on private streets and shall be required on named driveways A private roadway located on a parcel or lot used for vehicle access. allowed for access within townhouse A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouse developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. under paragraph 12.2.2B.2.b above that intersect with the public right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.. All such signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall conform to the street name sign Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. requirements of paragraph A above.

C. Signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. denoting the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. boundaries of dedicated The transfer without payment of ownership or other interest in real property from a private entity to a public agency. or reserved The withholding by a private entity of specific real estate from development pending acquisition by a public agency., unopened streets shall be erected and maintained according to City or County standards.

Street lighting, as required for traffic safety and property security, shall be installed in conformance with City Transportation Department or NCDOT policies, as applicable. The design, materials, location, and installation shall conform to all applicable City Transportation Department or NCDOT standards, and applicable public utility A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility. standards, including appropriate separation from street trees.

A. Sidewalk, walkway, on-road improvements, and trail systems sufficient to serve both existing and projected pedestrian and cyclist needs shall be labeled on all site and subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. plans. Such systems shall be designed to connect with all elements within the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., adjacent Property abutting directly on the boundary of, touching, or sharing a common point. areas, and transit stops and can include sidewalks along public or private streets, wide outside travel lanes, bike lanes on roadways, and walkways and trails in alternative locations as appropriate. Design, location, dimensions, dedications The transfer without payment of ownership or other interest in real property from a private entity to a public agency., easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., and reservations The withholding by a private entity of specific real estate from development pending acquisition by a public agency. shall conform to applicable City and County policies and plans for sidewalks, bicycle routes, and trails.

B. Walkways and trails shall be designed to maximize the safety of users and the security of adjoining properties with respect to location, visibility, and landscaping.

A. A sidewalk shall be provided along public or private right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. as shown in the table below.

B. Preliminary and minor plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., and developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. required to improve existing right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. to City or NCDOT standards, as applicable, shall provide public sidewalk within right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. pursuant to paragraph 12.4.2A, Sidewalk Requirement.

C. For all other development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. except as exempted pursuant to paragraph 12.4.2D, Exemptions, required sidewalk along the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. frontage of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site shall be provided, as applicable per paragraph 12.4.2A, through only one of the following two methods. The following methods shall not be used in combination:

1. Sidewalk located within the right-of-way and/or on-site

a. Sidewalk shall connect to external sidewalks that extend to the property of the subject development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., including connectivity to crosswalks and end of pavement at all adjacent Property abutting directly on the boundary of, touching, or sharing a common point. intersections.

b. Sidewalk located on-site shall meet the following criteria:

(1) The sidewalks shall be located within a public access easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes.;

(2) The maximum distance from the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., measured to the closest edge of the sidewalk to the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., shall be 20 feet; and

(3) Lighting per Sec. 7.4, Outdoor Lighting, shall be provided either by proposed or existing on-site lighting, or street lights within the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

2. Payment-in-lieu (City only)

a. Payment-in-lieu of constructing required sidewalk shall be made at the rate set by the City Council.

b. In order to accommodate future sidewalk, a recorded easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. shall be provided along frontage of the subject property where no sidewalk is proposed if the existing right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. is not of sufficient width to accommodate a sidewalk.

c. Payment-in-lieu shall not remove the requirement of sidewalk per paragraph 12.4.2A for future development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. projects, unless exempt per paragraph 12.4.2D, Exemptions.

D. Exemptions

The following shall be exempt from the installation of public sidewalk:

1. Sidewalk shall not be required when development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. submittals consist of only the following:

a. Improvements consist only of unmanned facilities of less than 1,000 square feet, such as storage rooms, mechanical equipment, coolers, or stand-alone ice kiosks;

b. Additional motor vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. parking consisting of less than four spaces;

c. Additions of less than 1,000 square feet of building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. area;

d. Improvements that are documented to solely bring existing facilities up to current health, safety, or building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. code requirements;

e. Grading A land disturbing activity that modifies the contours of the land. and/or utility improvements; or

f. Only requires review by the Planning Department.

2. Public sidewalk shall not be required when documentation is provided that sidewalk will be provided, through a scheduled and funded City or State roadway project, along the location where sidewalk would otherwise be required.

3. Sidewalk shall not be required along unimproved right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. that is not required to be improved as part of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. project.

E. Alternative Pedestrian Plans

1. Alternative pedestrian plans that are valid as of June 1, 2013, except for those approved pursuant to previous UC District requirements, shall remain valid and can develop Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. sidewalks and/or walkways pursuant to the plan in lieu of sidewalk requirements of this section.

a. If aspects of sidewalk development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. are not addressed within the plan, Ordinance requirements shall apply.

b. Plans shall be updated every four years from the date of previous approval to maintain validity, demonstrating areas of completed sidewalks and/or walkways of the plan.

2. Pedestrian plans approved pursuant to previous UC District requirements shall no longer be valid.

F. (County Only) Additional Requirements for the SRP-C District

1. Sidewalk shall be provided along both sides of public or private right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

2. Along right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. with curb and gutter located internal to the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., sidewalk can be provided at the back-of-curb.

3. Sidewalks and other walkways internal to the SRP-C District can be constructed with any all-weather surface material as long as it meets accessibility standards and, if applicable, meets NCDOT standards.

A. Pedestrian and bicycle facilities shall be clearly marked using NCDOT standard markings, or shall be based on the Manual on Uniform Traffic Control Devices.

B. Adjacent Property abutting directly on the boundary of, touching, or sharing a common point. public greenways shall be connected to pedestrian and bicycle facilities on the site.

C. Pedestrian and bicycle connections shall be made to any existing or proposed off-site pedestrian, bicycle, and transit facilities.

D. Internal Walkways

1. Walkways shall be provided to satisfy paragraph 12.4.1, General. Additionally, walkways shall be provided along common access driveways A private roadway located on a parcel or lot used for vehicle access. and areas that serve as ingress/egress for the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site pursuant to paragraph 12.2.2B.2.b, Driveways A private roadway located on a parcel or lot used for vehicle access., as follows:

a. A walkway shall be placed along both sides of the driveway A private roadway located on a parcel or lot used for vehicle access. or area.

b. The walkway shall be located no more than five feet from the edge of driveway A private roadway located on a parcel or lot used for vehicle access. or area.

c. Driveways A private roadway located on a parcel or lot used for vehicle access. and areas that solely serve as access for rear-loaded townhouses A building made up of three or more attached dwelling units (except when otherwise allowed) where each unit is on an individual lot and the units are lined up in a row and share side walls. or detached rowhouses or loading areas A space used to transfer goods and material between vehicles and a building or lot. for nonresidential buildings shall not require walkways.

2. The minimum width of internal walkways shall be four feet, or as required by the State accessibility code, whichever is greater.

3. Walkways shall be constructed of an all-weather solid surface material such as concrete, asphalt, or another similar material that would satisfy the State accessibility code.

A. Sidewalks

1. In right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. with curb and gutter, sidewalks shall be a minimum of five feet in width with a minimum three-foot grass strip between the sidewalk and curb, unless otherwise specified in this Ordinance.

a. A wider grass strip or planting area shall be required as necessary to accommodate street trees planted within rights-of-way.

b. Alternative widths can be allowed if permitted pursuant to development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. guidelines maintained by the City Public Works Director, or NCDOT, as applicable.

2. Conventional sidewalks shall be constructed of concrete unless an alternate material is approved by the City Public Works Director, or Designee.

3. Along strip-paved roads See “Street, Public” and “Street, Private.” sidewalks shall be located behind the roadside ditch or guardrail.

B. Bicycle Facilities

Either wide outside travel lanes or bicycle lanes, as determined by the City Transportation Director or NCDOT, or appropriate designees, shall be a part of any road See “Street, Public” and “Street, Private.” improvement made on roadways which are indicated as bicycle routes on the Durham Trails and Greenways Master Plan, the Metropolitan Planning Organization's Transportation Plan, or other adopted bicycle plan.

C. Shared Facilities

Rather than utilize separate pedestrian and bicycle facilities, shared facilities with a 10 foot minimum width are allowed in any area where both sidewalks and bicycle facilities are required, unless separate facilities have been previously developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or approved in the area. Shared facilities of that same width shall be required, however, following the initial installation of shared facilities in the area.

D. Standards

Pedestrians and bicycles shall be accommodated as shown in the table below. All street design standards shall be established by the City Transportation Director or NCDOT, or appropriate designees.

A. In the County

1. The applicant for a residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be responsible for either:

a. Dedicating The transfer without payment of ownership or other interest in real property from a private entity to a public agency. 1,150 square feet of land for recreation purposes (including active and passive recreation Recreational activities that do not require a developed site. This includes such activities as trails for walking, hiking, and horseback riding; and areas for picnicking. areas, including trails) for each proposed dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.; or

b. Making payment-in-lieu equivalent to the tax value of 1,150 square feet of comparable property per dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation..

2. One of the following shall be required:

a. Dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. of land; or

b. Payment-in-lieu of dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency..

B. In the City

1. The applicant for a residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be responsible for:

a. Paying a recreation impact fee or dedicating The transfer without payment of ownership or other interest in real property from a private entity to a public agency. 575 square feet of land for parks and active recreation Leisure activities usually of an organized nature, often performed with others and often requiring equipment, taking place at prescribed places, sites, or fields. areas for each proposed dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.; and

b. Paying a resource based recreation impact fee or dedicating The transfer without payment of ownership or other interest in real property from a private entity to a public agency. 575 square feet of land for passive recreation Recreational activities that do not require a developed site. This includes such activities as trails for walking, hiking, and horseback riding; and areas for picnicking. areas (including trails) for each proposed dwelling unit A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation..

2. Where recreation service districts have been established, payments made under this section shall be expended within the respective district from which collected.

3. The following, individually or in combination, shall be required based upon jurisdiction and whether the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. is located on the Durham Trails and Greenways Master Plan or the Durham Comprehensive Bicycle Transportation Plan:

a. Payment of an impact fee;

b. Dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. of land; or

c. Payment-in-lieu of dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency..

A. General

Proposed additions to public systems shall be coordinated with the existing systems and shall satisfy the design and construction standards and specifications of the utility providing the services. Where not otherwise prohibited by local ordinance, community systems, or systems designed to serve more than one user independent of public systems, shall satisfy the standards of the applicable agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. responsible for approval.

B. Public

Installation of improvements which are extensions to existing public systems shall be approved by the public utility A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility. providing the services. Sanitary sewer systems may be extended into the Rural Tier in the following instances:

1. In the County jurisdiction, and within the City jurisdiction where no State approval has been issued, approval of a major special use permit pursuant to Sec. 3.9, Special Use Permit, provided that:

a. Pump stations are equipped with battery-backed alarm systems connected by an automatic dialer to a 24-hour maintenance service; and

b. Provision is made for connection to a portable generator.

2. To serve an existing use or structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. for which a health hazard has been documented by the County health department or the State of North Carolina.

The additional requirements of paragraph 8.7.2, General Requirements shall apply in watershed All of the land area draining to a particular point on a water course or to a water body. protection overlays.

C. Community

Community systems designed to serve more than one user independent of public systems shall be allowed if approved by the State of North Carolina.

Soils evaluation by a qualified soil scientist, early in the approval process, is recommended where the use of individual on-site wastewater disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), 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 groundwaters. systems is anticipated.

A. Any land-disturbing activity may be required to provide stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. management facilities or make other improvements to the existing drainage system to address water quantity concerns, water quality concerns, or both if the proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. will increase potential flood damages to existing properties or significantly increase pollutant levels in downstream receiving waters.

B. Stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. management facilities adequate to accommodate a ten-year or greater storm shall be provided that generally follow existing natural drainage systems. Piping and modification of streams A body of concentrated flowing water in a natural low area or natural channel on the land surface. and other natural water courses should be minimized and shall be considered on a case-by-case basis to determine if it is necessary and environmentally sound. Such facilities shall be designed, constructed and maintained to minimize flooding, protect downslope properties, preserve water quality, and adequately transport existing and projected stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. flows.

C. Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans, site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., and preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review. shall require a stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. impact analysis that complies with the requirements of the City Public Works Director or County Engineer, or appropriate designees, and which determines the impact of the increased stormwater runoff The direct runoff of water resulting from precipitation in any form. on downstream stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. facilities and properties.

D. The need for stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. management facilities to address offsite impacts shall be determined by the City Public Works Director or County Engineer, or their designees, as appropriate.

A. City Stormwater

City stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. facilities shall be regulated pursuant to the applicable City code.

B. County Stormwater

County stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. facilities shall be regulated pursuant to the applicable County code.

A. The applicant shall arrange for the coordinated installation of all other proposed utilities, including gas, electricity, and communications improvements, and shall ensure that site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review., and final plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. clearly show all related easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. and right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility..

B. Utilities shall be installed underground for any subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. requiring preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. approval, except as follows:

1. Where electric transmission lines cannot be installed underground.

2. Electric transmission lines are located outside of the boundary of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site and are existing above ground at time of application, even if subsequently relocated as part of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

A. This Section is adopted for the purposes of:

1. Regulating private, non-exempt land-disturbing activity to control accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. in order to prevent the pollution of water and other damage to lakes, watercourses A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. and other public and private property by sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin.; and

2. Establishing procedures through which these purposes can be fulfilled.

B. No 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. shall undertake any land-disturbing activity without first obtaining a permit from the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee as required by this section.

A. Exemptions

The following activities do not require a permit under this section:

1. Land-disturbing activities for the purpose of fighting fires;

2. Land-disturbing activities that are less than 12,000 square feet in surface area. In determining the area, lands under one or diverse ownership being developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as a unit will be aggregated. Notwithstanding this provision, an erosion control plan A plan designed to control both erosion and sedimentation. and/or permit may be required by the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee when off-site damage is occurring, or if the potential for off-site damage exists. Additionally, this section may apply when the applicant, or a parent An affiliate that directly, or indirectly through one or more intermediaries, controls another person., subsidiary An affiliate that is directly or indirectly through one or more intermediaries, controlled by another person., or other affiliate A person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person. of the applicant has engaged in any activity enumerated in paragraph 3.8.7, Disapproval of Plan;

3. Agricultural Exemption

As set forth in NCGS § 113A-52.01, land-disturbing activities relating or incidental to the production of crops Cultivated plants or agricultural produce, such as but not limited to grain, vegetables, or fruit., grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock Livestock includes but is not limited to poultry and hoofed animals such as cattle, horses, goats, sheep and swine; however, swine commonly referred to as Miniature, Vietnamese or Oriental Pot-Bellied pigs (Sus scroda vittatus) shall not be considered livestock if the animals are no more than 18 inches in height, the owner has proof of registry with the International Potbellied Pig Registry (IPPR), and no more than two are kept at any household., poultry, and all other forms of agriculture undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. on agricultural land for the production of plants and animals useful to man, including but not limited to:

a. Forage and sod crops Cultivated plants or agricultural produce, such as but not limited to grain, vegetables, or fruit., grain and feed crops Cultivated plants or agricultural produce, such as but not limited to grain, vegetables, or fruit., tobacco, cotton and peanuts;

b. Dairy animals and dairy products;

c. Poultry and poultry products;

d. Livestock Livestock includes but is not limited to poultry and hoofed animals such as cattle, horses, goats, sheep and swine; however, swine commonly referred to as Miniature, Vietnamese or Oriental Pot-Bellied pigs (Sus scroda vittatus) shall not be considered livestock if the animals are no more than 18 inches in height, the owner has proof of registry with the International Potbellied Pig Registry (IPPR), and no more than two are kept at any household., including beef cattle, llamas, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all such animals;

e. Bees and apiary products;

f. Fur animals; and

g. 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;

4. Land-disturbing activities undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. on forest land for the production and harvesting of timber and timber products and which are conducted in accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality, as adopted by the North Carolina Department of Agriculture and Consumer Services. If land-disturbing activity undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. on forestland for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this Article shall apply to such activity and any related land-disturbing activity;

5. Land-disturbing activities undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. by persons 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. as defined in NCGS § 113A-52(8) who are otherwise regulated by the provisions of the Mining The development or extraction of a mineral from its natural occurrences on affected land. Act of 1971, NCGS § 74-46 – 74-68;

6. Land-disturbing activities over which the state has exclusive regulatory jurisdiction as provided in NCGS § 113A-56(a);

7. Land-disturbing activities undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. for the duration of an emergency, activities essential to protect human life;

8. Activities undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. to restore the wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. functions of converted wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean Water Act; and

9. Activities undertaken The initiating of any activity, or phase of activity, which results, or will result, in a change in the ground cover or topography of a tract of land. pursuant to Natural Resources Conservation Service standards to restore the wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. functions of converted wetlands An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. as defined in Title 7 Code of Federal Regulations Sec. 12.2 (January 1, 2014 Edition).

B. Plan Required

Subject to the exemptions listed in subsection 12.10.2, a sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. shall be required for any land-disturbing activity within the County, including the City, if more than 20,000 aggregate square feet will be disturbed, or if 12,000 or more aggregate square feet will be disturbed in a M/LR-A, M/LR-B, F/J-A, E-A, or E-A(2) watershed All of the land area draining to a particular point on a water course or to a water body. protection overlay district. The Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee may also require a plan for any land-disturbing activity if it determines that off-site damage is occurring or the potential for off-site damage exists. A plan may also be required when the applicant, or a parent An affiliate that directly, or indirectly through one or more intermediaries, controls another person., subsidiary An affiliate that is directly or indirectly through one or more intermediaries, controlled by another person., or other affiliate A person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person. of the applicant, has engaged in any activity listed in paragraph 3.8.7, Disapproval of Plan.

C. Protection of Property

Persons 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. conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity.

D. More Restrictive Rules Shall Apply

Whenever conflicts exist between federal, State or local laws, ordinances or rules, the more restrictive provision shall apply.

In order for a sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation. to be approved, the following control objectives shall be met:

A. Identify Critical Areas

On-site areas which are subject to severe erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof., and off-site areas which are especially vulnerable to damage from erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and/or sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin., are to be identified and receive special attention;

B. Limit Time of Exposure

All land-disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time;

C. Limit Exposed Areas

All land-disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time;

D. Control Surface Water

Surface water runoff Water from precipitation that flows off a property. originating upgrade of exposed areas shall be controlled to reduce erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. loss during the period of exposure;

E. Control Sedimentation

All land-disturbing activity is to be planned and conducted so as to restrain off-site sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. damage; and

F. Manage Stormwater Runoff

When the increase in the velocity of stormwater runoff The direct runoff of water resulting from precipitation in any form. resulting from a land-disturbing activity is sufficient to cause accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. of the receiving watercourse A lake, natural watercourse or other natural or manmade area into which stormwater runoff flows from a land-disturbing activity., plans are to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. of the site and increased sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. of the stream A body of concentrated flowing water in a natural low area or natural channel on the land surface..

No land-disturbing activity shall occur except in accordance with the mandatory standards listed below. Except where more stringent standards are specified in this Ordinance, the technical standards and specifications contained in the North Carolina Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and Sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. Control Planning and Design Manual shall also apply. In addition, for land-disturbing activities greater than or equal to one acre, requirements within the most recent version of the State of North Carolina General Permit No. NCG010000 shall apply.

A. Buffer Zones

Except where more stringent buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements are specified in Article 8, Environmental Protection, and/or Article 9, Landscaping and Buffering, the following requirements shall apply;

1. No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. unless a buffer zone The strip of land adjacent to a lake or natural watercourse. is provided along the margin of the watercourse A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. of sufficient width to confine visible siltation Sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is in suspension in water. within the 25% of the buffer zone The strip of land adjacent to a lake or natural watercourse. nearest the land-disturbing activity. This subsection shall not apply to a land-disturbing activity in connection with the construction of facilities to be located on, over or under a lake or natural watercourse Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment.; and

2. Unless otherwise provided, the width of a buffer zone The strip of land adjacent to a lake or natural watercourse. is measured from the top of the bank nearest edge of the disturbed area, with the 25% of the strip nearer the land-disturbing activity containing natural or artificial means of confining visible siltation Sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is in suspension in water..

3. Two rows of silt fence shall be placed along all buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. zones. Rows should be spaced a minimum of three (3) feet apart.

B.   Stabilization of Disturbed Land

The angle for disturbed land shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control devices or structures.

1. Ongoing Activity

a. Ground Cover

Land left exposed shall be planted or otherwise provided with temporary ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion., devices, or structures sufficient to restrain erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. within the applicable time period after completion of any phase of grading One of two types of grading, rough or fine. or period of inactivity as follows: seven days for a steep slope; 10 days for a moderate slope; 14 days for land with no slope or inclination. For purposes of this section, a moderate slope means an inclined area, the inclination of which is less than or equal to three units of horizontal distance to one unit of vertical distance; and a steep slope means an inclined area, the inclination of which is greater than three units of horizontal distance to one unit of vertical distance. No other criteria apply.

Commentary:  The moderate and steep slope definitions in this section are mandated by State law (S.L. 2009-486) for sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control purposes. This steep slope definition differs from the steep slope definition under UDO Sec. 8.8, Steep Slope Protection Standards, which is otherwise applicable throughout the UDO.

b. Soil Stockpiles

Soil stockpiles shall be limited to the shorter of 30 feet above existing grade A land disturbing activity that modifies the contours of the land. or half the height of adjacent Property abutting directly on the boundary of, touching, or sharing a common point. existing mature tree cover. Stockpiles shall be wrapped in two rows of silt fence, and groundcover shall be planted in accordance with this section. Stockpile slopes shall be 2:1 or flatter.

2. Completed Activity

For any area of land-disturbing activity where grading A land disturbing activity that modifies the contours of the land. activities have been completed, temporary or permanent ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. sufficient to restrain erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. shall be provided as soon as practicable, but in no case later than seven days after completion of grading A land disturbing activity that modifies the contours of the land..

C. Stabilization of Sedimentation and Erosion Control Devices

Whenever land-disturbing activity exceeds 12,000 square feet, the 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. conducting the land-disturbing activity shall install such sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control devices and practices as are sufficient to retain the sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. generated by the land-disturbing activity within the boundaries of the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. during construction upon and development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of such tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit., and shall plant or otherwise provide a temporary ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. sufficient to restrain erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. generated by such devices and practices within seven days.

D. Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures, structures and devices shall be so planned, designed and constructed as to provide protection from the calculated maximum peak of runoff Water from precipitation that flows off a property. from the 25-year storm. Runoff Water from precipitation that flows off a property. rates shall be calculated using the procedures in the USDA, Soil Conservation Service's "National Engineering Field Manual for Conservation Practices," or other calculation procedures acceptable to the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee.

E. Each sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basin or trap in the Suburban or Rural Tier shall have a minimum volume of 3,600 cubic feet per acre of disturbed area and a minimum surface area of 435 square feet per cfs of Q25 (25-year storm) peak inflow. Each sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basin or trap in the Downtown, Compact Neighborhood, or Urban Tier shall have a minimum volume of 1,800 cubic feet per acre of disturbed area and a minimum surface area of 325 square feet per cfs of Q25 peak inflow. A skimmer shall be used in each sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basin or trap. If the temporary sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basin or trap is to be converted to a permanent stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control measure and the volume is greater than that of the temporary basin, the larger of the two shall be used, unless approved in writing by the Durham County Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products..

F. Sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basins and traps shall be designed and constructed such that the basin will have a settling efficiency of at least 70% for the 40-micron (0.04mm) size soil particle transported into the basin by the runoff Water from precipitation that flows off a property. of that two-year storm that produces A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. the maximum peak rate of runoff Water from precipitation that flows off a property. as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. of the State or the United States or any generally recognized organization or association.

G. Sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basins and traps shall not be installed in perennial or intermittent streams A body of concentrated flowing water in a natural low area or natural channel on the land surface..

H. Existing ponds and lakes shall not be used as sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basins or traps.

I. Developer Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall retain control of permitted area, including sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basins or traps, until permit has been closed. For commercial sites, sold outparcels Individual retail sites in a retail center that, when combined, are less than the square footage of the attached retail spaces which form the majority of the square footage of the center. shall be permitted separately.

J. Newly constructed open channels shall be designed and constructed with side slopes no steeper than two horizontal to one vertical if a vegetative cover is used for stabilization, unless soil conditions permit steeper slopes or where the slopes are stabilized by using mechanical devices, structural devices or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof..

K. Additional areas may be added per the criteria enumerated in this section only if the basin or trap is properly installed and maintained.

L. In high quality water HQW zones Areas in the coastal counties that are within 575 feet of high quality waters and, for the remainder of the state, areas that are within one mile and drain to HQWs.es, Lake Michie/Little River Critical Area (M/LR-A), Lake Michie/Little River Protected Area (M/LR-B), Falls/Jordan Critical Area (F/J-A), Eno River Critical Areas (E-A; E-A(2)), and Third Fork Creek Watershed All of the land area draining to a particular point on a water course or to a water body., uncovered The removal of ground cover from, on, or above the soil surface. areas shall be limited at any time to a maximum total area of 20 acres. In high quality water HQW zones Areas in the coastal counties that are within 575 feet of high quality waters and, for the remainder of the state, areas that are within one mile and drain to HQWs.es, only the portion of the land-disturbing activity within a HQW zone shall be governed by this section. Larger areas within HQW may be uncovered The removal of ground cover from, on, or above the soil surface. with the written approval of the Director of DEQ, Division of Energy, Mineral and Land Resources. Larger areas within all other zones may be uncovered The removal of ground cover from, on, or above the soil surface. with the written approval of the Durham County Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products..

M. Triassic Soil Specific Requirements

Triassic soils do not respond as well to conventional erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control measures as listed within this ordinance and projects with underlying Triassic soils are thus subject to the following additional requirements:

1. Flocculants shall be used onsite in accordance with the requirements of Section 12.10.4N.

2. Sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basins and traps shall have a minimum volume of 5,400 cubic feet per acre of disturbed area and shall be designed so as to dewater in a minimum of 4 days.

3. Moderate and steep slopes shall be stabilized by either matting or hydroseeding in order to more rapidly provide groundcover.

N. Flocculants

Flocculants are chemicals that can cause fine particles to combine and settle in detained runoff Water from precipitation that flows off a property.. When used in conjunction with sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basins or traps, they can reduce sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. in discharge leaving a site. The use of flocculants, where not required by Section 12.10.4M, is recommended in land disturbing activity Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition.. When used, the following requirements apply:

1. A flocculant application plan shall be included on the erosion control plan A plan designed to control both erosion and sedimentation., including:

a. Type of Flocculant to be used including manufacturer and supplier;

b. Site-specific dosing systems;

c. Location(s) of flocculant application; and

d. Identification of the individual and/or position responsible for dosing and monitoring of flocculant usage.

2. Soil samples should be obtained from areas where flocculants will be used, and samples should be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. using jar tests with multiple flocculants to select the appropriate flocculant. Jar testing can be performed by the contractor Individuals or firms engaged in the construction of buildings, either residences or commercial structures, as well as activities such as paving, highway construction, and utility construction. or flocculant supplier.

3. Only flocculants listed on the NCDEQ website as an approved product for use in North Carolina shall be used.

4. Flocculant applied in solid form should be evaluated and re-applied if needed after every rainfall event that is equal to or exceeds 0.5 inches.

5. Flocculants shall not be applied directly to surface waters.

6. Flocculants shall be applied upstream of a sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. basin, trap, or other pooling device such as silt fence.

7. The use of flocculants does not alter the requirements for site stabilization. Sites should be stabilized as soon as possible using conventional methods to minimize the need to use flocculants.

Commentary: Additional information on the use of chemical treatment of construction site stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. can be found at: https://cals.ncsu.edu/crop-and-soil-sciences/extension/publications/ (scroll down from top to find Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof., Sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin., and Turbidity Control section).

A. Intent

Stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. banks and channels downstream from any land-disturbing activity shall be protected from increased degradation by accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. caused by increased velocity of runoff Water from precipitation that flows off a property. from the land-disturbing activity.

B. Performance Standard

The land-disturbing activity shall be planned and conducted such that the velocity of stormwater runoff The direct runoff of water resulting from precipitation in any form. in the receiving watercourse A lake, natural watercourse or other natural or manmade area into which stormwater runoff flows from a land-disturbing activity. at the point of discharge resulting from a 25-year storm after development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall not exceed the greater of:

1. The velocity specified according to the soil type in the following table, for a point of discharge into a receiving watercourse A lake, natural watercourse or other natural or manmade area into which stormwater runoff flows from a land-disturbing activity. with bare soil or rock banks or bed;

2. The velocity specified according to the type of vegetation and depth of flow in the following table, for a point of discharge into a vegetated receiving watercourse A lake, natural watercourse or other natural or manmade area into which stormwater runoff flows from a land-disturbing activity.; or

3. The velocity in the receiving watercourse A lake, natural watercourse or other natural or manmade area into which stormwater runoff flows from a land-disturbing activity. determined for the ten-year storm The surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten years, and of a duration which will produce the maximum peak rate of runoff, for the watershed of interest, under average antecedent wetness conditions. prior to development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

C. If the conditions enumerated in paragraph B, Performance Standard, of this subsection cannot be met, the channel below the discharge point That point at which runoff leaves a tract of land. shall be designed and constructed to withstand the expected velocity.

D. Slope Protection

When soils with slopes as indicated in the following table, occur between a point of stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. discharge and the next confluence of concentrated stormwater runoff The direct runoff of water resulting from precipitation in any form., such areas, on- or off-site, shall be protected from accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. by diverting the stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. discharge from those soil surfaces. Diversion may include the provision of piped, paved or armored storm drainage facilities The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area..

E. Acceptable Management Measures

Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The State Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. Control Commission recognizes that the management of stormwater runoff The direct runoff of water resulting from precipitation in any form. to minimize or control downstream channel and bank erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. is a developing Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. successful results. Some alternatives are to:

1. Avoid increases in surface runoff Water from precipitation that flows off a property. volume and velocity by including measures to promote infiltration to compensate for increased runoff Water from precipitation that flows off a property. from areas rendered impervious;

2. Avoid increases in stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections;

3. Provide energy dissipaters A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. at outlets of storm drainage facilities The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area. to reduce flow velocities at the point of discharge. These may range from simple rip-rapped sections to complex structures; and

4. Protect watercourses A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. subject to accelerated erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. by improving cross sections and/or providing erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof.-resistant lining.

F. Exceptions

This section shall not apply where it can be demonstrated, to the satisfaction of the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. or designee that stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. discharge velocities will not create an erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. problem in the receiving watercourses A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur..

When the 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. conducting the land-disturbing activity is also the 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. conducting the borrow Fill material which is required for on-site construction and is obtained from other locations. or waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. disposal When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, is defined as in NCGS 130A-290(a)(6), 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 groundwaters. activity, areas from which borrow Fill material which is required for on-site construction and is obtained from other locations. is obtained and which are not regulated by the provisions of the Mining The development or extraction of a mineral from its natural occurrences on affected land. Act of 1971, and waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. areas for surplus materials other than landfills regulated by the State Department of Environmental Quality’s Division of Solid Waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. Management, shall be considered as part of the land-disturbing activity where the borrow Fill material which is required for on-site construction and is obtained from other locations. material is being used or from which the waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. material originated. When the 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. conducting the land-disturbing activity is not the 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. obtaining the borrow Fill material which is required for on-site construction and is obtained from other locations. and/or disposing of the waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations., these areas shall be considered a separate land-disturbing activity. The name and location of any borrow Fill material which is required for on-site construction and is obtained from other locations. and/or waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. areas shall be provided to the Durham County Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. upon request.

Temporary access and haul roads See “Street, Public” and “Street, Private.”, other than public roads See “Street, Public” and “Street, Private.”, constructed or used in connection with any land-disturbing activity shall be considered a part of such activity.

Land-disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. shall minimize the extent and duration of disruption of the stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. channel. Where relocation of a stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. forms an essential part of the proposed activity, the relocation shall minimize unnecessary changes in the stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. flow characteristics.

During the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of a site, the 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. conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures as required by the North Carolina Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. Pollution Control Act of 1973, as amended, and all rules and orders adopted pursuant to it (the Act), this section, rules or orders adopted or issued pursuant to this section or the Act, or an approved sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and erosion control plan A plan designed to control both erosion and sedimentation.. After site development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., the land owner Any person having charge of any real property according to the records held by the Register of Deeds. or 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. in possession or control of the land shall install and/or maintain all necessary permanent erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures, except those measures installed within a road See “Street, Public” and “Street, Private.” or street right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. accepted for maintenance by a governmental agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc..

Where inspections are required by paragraph 3.8.6, Self-Inspections, the following apply:

A. The 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. who performs the inspection shall make a record of the site inspection by documenting the following items:

1. All of the erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures, practices and devices, as called for in a construction sequence consistent with the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan, including but not limited to sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control basins, sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. traps, sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. ponds, rock dams, temporary diversions, temporary slope drains, rock check dams, sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. fence or barriers, all forms of inlet protection, storm drainage facilities The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area., energy dissipaters A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow., and stabilization methods of open channels, have initially been installed and do not significantly deviate (as defined in paragraph 12.10.10A.5) from the locations, dimensions and relative elevations shown on the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. plan. Such documentation shall be accomplished by initialing and dating each measure or practice shown on a copy of the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan or by completing, dating and signing Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. an inspection report that lists each measure, practice or device shown on the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan. This documentation is required only upon the initial installation of the erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures, practices and devices as set forth by the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan or if the measures, practices and devices are modified after initial installation;

2. The completion of any phase of grading One of two types of grading, rough or fine. for all graded A land disturbing activity that modifies the contours of the land. slopes and fills shown on the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan, specifically noting the location and condition of the graded A land disturbing activity that modifies the contours of the land. slopes and fills. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan or by completing, dating and signing Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. an inspection report;

3. The location of temporary or permanent ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion., and that the installation of the ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. does not significantly deviate (as defined in paragraph 12.10.10A.5) from the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan or by completing, dating and signing Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. an inspection report;

4. That maintenance and repair requirements for all temporary and permanent erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures, practices and devices have been performed. Such documentation shall be accomplished by completing, dating and signing Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. an inspection report (the general stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. permit monitoring form may be used to verify the maintenance and repair requirements); and

5. Any significant deviations from the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan, corrective actions required to correct the deviation and completion of the corrective actions. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan or by completing, dating and signing Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. an inspection report. A significant deviation means an omission, alteration or relocation of an erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. or sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measure that prevents the measure from performing as intended.

B. The documentation, whether on a copy of the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan or an inspection report, shall include the name, address, affiliation, telephone number, and signature of the 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. conducting the inspection and the date of the inspection. Any relevant licenses and certifications may also be included. Any documentation of inspections that occur on a copy of the approved erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan shall occur on a single copy of the plan and that plan shall be made available on the site. Any inspection reports shall also be made available on the site.

C. The inspection shall be performed during or after each of the following phases of a plan:

1. Installation of perimeter erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures;

2. Clearing and grubbing of existing ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion.;

3. Completion of any phase of grading One of two types of grading, rough or fine. of slopes or fills that requires provision of temporary or permanent ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. pursuant to NCGS § 113A-57(2);

4. Completion of storm drainage facilities The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage area.;

5. Completion of construction or development No further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover.; and

6. Quarterly until the establishment of permanent ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. sufficient to restrain erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. or until the financially responsible party has conveyed ownership or control of the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. of land for which the erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan has been approved and the agency A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc. that approved the plan has been notified. If the financially responsible party has conveyed ownership or control of the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. of land for which the erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control plan has been approved, the new owner Any person having charge of any real property according to the records held by the Register of Deeds. or 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. in control shall conduct and document inspections quarterly until the establishment of permanent ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. sufficient to restrain erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof..

Whenever the Sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. and Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Control Officer A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., or designee, determines that significant sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. is occurring as a result of land-disturbing activity, despite application and maintenance of protective practices, the 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. conducting the land-disturbing activity will be required to and shall take the additional protective action directed.

A. Applicability

1. A performance guarantee, as described below, shall be for the completion of required improvements if landscaping, recreational facilities, committed elements Elements, Commitments., or required infrastructure including but not limited to stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt., streets, sidewalks, or water and sewer improvements, has not been completed in accordance with the approved construction drawings, site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., or plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. as applicable.

2. For a project requiring multiple guarantees, a single guarantee may be posted in lieu of multiple guarantees. This allowance shall not apply to guarantees required for erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control and stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control measures.

B. Amount

1. The responsible department shall require a performance guarantee in the amount of 125% of the reasonable estimated cost to complete the infrastructure or other improvement calculated as of the time the performance guarantee is issued, as determined by the applicable director or designee.

2. Any extension of the performance guarantee necessary to complete required improvements shall not exceed 125% of the reasonably estimated cost of completion of the remaining incomplete improvements still outstanding at the time the extension is obtained, as determined by the applicable director or designee.

C. Timing

The applicable department director or designee shall specify when a performance guarantee shall be submitted.

A. Form

A performance guarantee may be in the form of a surety bond, letter of credit, or other form of guarantee that provides equivalent security to a surety bond or letter of credit.

B. Conditions

A performance guarantee shall be conditioned upon the performance of all work necessary to complete the specified improvements and the delivery of all necessary encroachment When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, 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. agreements, with said performance and delivery to be done by a specified completion date as allowed per NCGS § 160D-804.1.

C. Release of Guarantee

The performance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgment by the City or County that the improvements and conditions for which the performance guarantee is being required are complete.

D. Extension

If the improvements are not complete and the current performance guarantee is expiring, the performance guarantee shall be extended, or a new performance guarantee issued, for an additional period limited to the duration necessary to complete required improvements. A developer Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall demonstrate reasonable, good faith progress toward completion of the required improvements that are the subject of the performance guarantee or any extension.

For required improvements other than infrastructure, if the responsible department director or designee determines the completion of the improvement prior to issuance of a certificate of compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. is not practicable, and sufficient justification for the delay has been shown, certificates of compliance may be issued if an adequate performance guarantee is provided. In such event, the requirements for performance guarantees within this section shall apply.