Durham County is endowed with an abundance of natural resources, including land, forests, streams A body of concentrated flowing water in a natural low area or natural channel on the land surface. and rivers, lakes, wildlife and natural beauty. Inappropriate 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. threatens the quality of the natural resources that make it a special place to live and work. Durham's governing bodies recognize that establishing standards for the protection of Durham County's natural resources represents prudent stewardship of the land and good business. The multiple purposes of natural resource protection standards are:

A. To preserve and enhance the quality of the water in rivers, streams A body of concentrated flowing water in a natural low area or natural channel on the land surface., ponds and lakes that flow into and out of Durham County;

B. To minimize future flooding problems by restricting 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 flood prone areas;

C. To preserve the water carrying capacity of 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 the natural water storage capacity of the floodplain;

D. To protect land and 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. from pollutants, 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.;

E. To retain open spaces 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. in order to protect their environmentally-sensitive character;

F. To protect and conserve significant natural resources from degradation due to inappropriate 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.. Such natural resources include Inventory See "Durham Inventory" Sites, wildlife and plant life habitats, 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. areas and riparian areas;

G. To minimize the impact 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. by controlling the location, intensity, pattern and design 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. and construction activities;

H. To enhance the aesthetic appearance of Durham as a means of improving quality of life and attracting new businesses and residents;

I. To improve air quality by reducing the heat island effect by reducing pollution and fossil fuel used for transportation by encouraging walking, bicycling and transit; and

J. To protect environmentally sensitive lands while recognizing the legitimate expectations of property owners Any person having charge of any real property according to the records held by the Register of Deeds. and Durham's economic 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. goals.

Public water supply reservoirs and associated facilities shall be exempt from the requirements of this Article unless explicitly acknowledged within any section.

A. Purpose

The primary purpose of the tree coverage standards is the preservation and maintenance of undisturbed tree cover and the provision of replacement tree cover 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. sites in the Urban and Suburban Tiers. Tree coverage serves to reduce glare, noise, air pollution, and soil erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof.; to moderate temperatures; to reduce stormwater runoff The direct runoff of water resulting from precipitation in any form.; to preserve remnants of Durham's native ecology; to provide habitat for native plants and wildlife; to provide a healthy living environment; and to make Durham County a more attractive place to live.

B. Applicability

1. Tree coverage standards shall be applied in the Urban and Suburban Tiers, and in the Compact Neighborhood Tier on sites not zoned Design District.

2. Except for trees required on individual lots per paragraphs 8.3.1C.4.c(1)(d) and 8.3.1C.4.d(2), 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. of less than two acres in size or not utilizing mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. shall be exempt from tree coverage requirements.

3. Additions to existing residential structures, excluding multiplexes and apartments, are exempt from tree coverage requirements.

C. Tree Coverage

1. 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 include tree coverage areas on a portion 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. tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit..

2. Site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for additions 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 provide tree coverage as a percentage of the area proposed for disturbance, unless tree coverage in an amount consistent with the required amounts of this Ordinance was provided on the original site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for the original 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..

3. Locations

a. Tree coverage areas in new 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. shall be located in common 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. or buffers required by other provisions of this Ordinance, except that new 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. without buffers that make payment in lieu of required 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. under paragraph 7.2.2, Required Open Space, can locate tree coverage areas on private lots or as otherwise specified below.

b. Any forested land in the floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot., non-encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., floodway fringe The portion of the Special Flood Hazard Area that is outside of the Floodway., non-encroachment area fringe The area within the special flood hazard area that is adjacent to, but not within, the non-encroachment area and is within the 100 year floodplain and is inundated by the base flood., or Areas of Shallow Flooding Zone A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.e AO) (unless proposed to be filled or 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. in accordance with paragraph 8.4.4, Development in Special Flood Hazard Areas and Future Conditions Flood Hazard Areas), preserved 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. and 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. buffers, steep slope areas, riparian buffers, Durham Natural Inventory See "Durham Inventory." Sites, Major Transportation Corridor (MTC) buffers, and any portion of the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. left undisturbed that satisfies the minimum size requirements established in paragraph 8.3.1D , Preserved Tree Coverage below, can be used as tree cover.

4. Tree Coverage Amount

a. Tree coverage standards can be met either by preserving existing trees on the site, by planting replacement trees, or a combination of both, as required below.

b. The percentage of a tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. or phase which shall have tree coverage is as indicated below. The total tree coverage area shown reflects the addition of replacement tree coverage area to the preserved tree coverage area shown. For certain calculation exclusions in paragraph 8.3.1C.5, Tree Coverage Calculation Exclusions, the total required tree coverage may be adjusted.

c. Suburban Tier

(1) 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.

(a) A minimum of 20% preserved tree coverage shall be required for any phase that does not exceed 35 acres, or if the overall 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. qualifies as one of the following:

(i) An overall 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. that provides affordable housing utilizing Sec. 6.6, Affordable Housing Bonus, or an approved Low-Income Housing Tax Credit (LIHTC) 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..

(ii) An overall 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. that provides at least 10% of the 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. as affordable 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., rental or for sale, at no more than 80% Area Median Income (AMI) Income thresholds established by the United States Housing Department of Housing and Urban Development (HUD) based on median income for households in metropolitan areas, adjusted for family size, to determine eligibility for a variety of housing programs.. All other provisions of an affordable housing dwelling unit A dwelling unit committed for a minimum 30-year term as affordable, through covenants, restrictions, or officially adopted agreements, to households with incomes as follows. Income eligibility, affordable rent levels and affordable for sale prices, as well as monitoring and compliance requirements for affordable housing dwelling units, will adhere to the adopted rules and procedures of the City of Durham’s Community Development Department., as defined in Sec. 17.3, Defined Terms, shall apply.

(iii) An overall 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. that provides at least three different housing types, with each housing type consisting of at least 20% of the overall number of units 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.. The housing type mix shall be as follows:

a. One of the housing types shall be Apartments or Multiplex.

b. The other two housing types shall be at the discretion of the applicant.

(iv) An overall 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 that provides double the minimum riparian buffers (i.e., if the stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. requires a 50-foot buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., then 100 feet is provided; if the stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. requires a 150-foot buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., then 300 feet is provided).

(v) In addition to the environmental protections already required elsewhere in this Ordinance: an overall 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. that provides a minimum 50-foot wide natural, undisturbed wildlife corridor that is maintained through 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 connects to neighboring, undisturbed natural areas, or tree preservation areas, on adjoining properties. The wildlife corridor shall be protected in accordance with paragraph 7.2.5C.1.

(b) If 20% tree preservation cannot be satisfied with existing on-site vegetation pursuant to paragraphs 8.3.1D, Preserved Tree Coverage, and 8.3.1C.3.b above, then the tree coverage percentages within the table below shall be required.

(c) For a phase 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. that exceeds 35 acres and the overall 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. does not qualify under paragraph 8.3.1.C.4.c.(1)(a) above, then a minimum of 30% preserved tree coverage shall be required for that phase. If that amount cannot be satisfied with existing on-site vegetation pursuant to paragraphs 8.3.1D, Preserved Tree Coverage, and 8.3.1C.3.b above, then the tree coverage percentages within the table below shall be required.

(d) Required Trees on Individual Residential Lots

(i) In addition to street tree requirements pursuant to Sec. 9.6, Street Trees, an existing tree shall be retained, or a new tree planted, prior to receiving 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. for a new primary 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. on a 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. or two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. residential lot.

(ii) A planted tree shall be an allowable canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. or understory tree pursuant to the Durham Landscape Manual and comply with the minimum planting area.

(2) 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.

A minimum of 10% preserved tree coverage shall be required. If that amount cannot be satisfied with existing on-site vegetation pursuant to paragraphs 8.3.1D, Preserved Tree Coverage, and 8.3.1C.3.b above, then the tree coverage percentages within the table below shall be required.

d. Urban and Compact Neighborhood Tiers

(1) Residential 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. 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. in residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. shall provide a minimum seven percent preserved tree coverage. If that amount cannot be satisfied pursuant to paragraphs 8.3.1D, Preserved Tree Coverage, Preserved Tree Coverage, and 8.3.1C.3.b above, then the tree coverage percentages within the table below shall be required.

(2) Required Trees on Individual Residential Lots

(a) In addition to street tree requirements pursuant to Sec. 9.6, Street Trees, an existing tree shall be retained, or a new tree planted, prior to receiving 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. for a new primary 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. on a 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. or two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. residential lot.

(b) A planted tree shall be an allowable canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. or understory tree pursuant to the Durham Landscape Manual and comply with the minimum planting area.

(3) 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. and two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. residential 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 meet standards under Sec. 6.8, Infill Development in Residential Districts, shall meet the standards of that section in lieu of the requirements in paragraphs (1) and (2) above.

(4) 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. shall provide a minimum of three percent tree coverage.

e. (County Only) SRP-C District

A minimum of three percent tree coverage is required, and can be provided anywhere within the contiguous zoning area.

5. Tree Coverage Calculation Exclusions

a. For the purposes of calculating tree coverage requirements, the following shall be excluded from the total area 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. tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit.:

(1) The water surface area of ponds, lakes and other water bodies (excluding stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control structures).

(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. dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. for the widening of existing road See “Street, Public” and “Street, 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..

b. Utility Easements (City Only)

(1) The exclusion shall only apply to 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. and two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. 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. for the area within a utility easement 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 (power, gas, water, or sewer) that measures at least 50 feet in width and exists at the time of application submittal.

(2) The exclusion shall only be applied to the area calculation for replacement tree coverage and shall allow for adjustment to the overall tree coverage percentage requirement to accommodate the exclusion.

Example:  An application requires tree coverage for a 100-acre 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. tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit., with five acres within a qualifying easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes.. Per the table in paragraph 8.3.1C.4.a, Suburban Tier, 15% is proposed for tree preservation, therefore requiring eight percent for tree replacement for a total of 23% tree coverage. The exclusion shall be applied as follows:

(i) 15% of 100 acres = 15 acres for tree preservation

(ii) Eight percent of 95 acres (5 acres removed from the 100 acres) = 7.6 acres

(iii) The total tree coverage required = 22.6 acres, or 22.6% (adjusted from the original 23% requirement to accommodate the exclusion)

6. Tree preservation and tree replacement areas shall be shown on all preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review., final plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. 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. plans in order to clearly assign tree replacement responsibility to future owners Any person having charge of any real property according to the records held by the Register of Deeds.. Tree preservation and tree replacement areas on any individual lot shall be clearly shown on all plot plans for the lot.

7. Property owners Any person having charge of any real property according to the records held by the Register of Deeds. shall be responsible for protecting and preserving tree preservation and tree replacement areas during and after 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. process in accordance with standard horticultural practice and paragraph 8.3.2, Protection of Existing Vegetation.

8. Landscaping Credit

Trees can satisfy both tree coverage requirements, and landscaping and buffering requirements within Article 9, Landscaping and Buffers, as applicable, as along as all applicable standards can be met.

D. Preserved Tree Coverage

Areas proposed as tree preservation shall meet the following requirements to satisfy the tree coverage standards in paragraph 8.3.1, Tree Coverage and Protection Standards:

1. The provisions of paragraph 8.3.2, Protection of Existing Vegetation, shall be fulfilled.

2. Tree preservation areas shall be located in the areas listed in paragraph 8.3.1, Tree Coverage Standards, above. Additional tree preservation areas can be located outside of these areas, in which case they shall be located in order to preserve major specimen trees and to preserve clusters of trees.

3. Clusters of Trees

a. The tree coverage area for a cluster of trees shall be determined by the exterior boundary of the total tree protection zones The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. for all of the trees in the cluster.

b. For parcels See “Lot of record.” greater than one acre, no tree preservation area for a cluster of trees shall be counted toward meeting the tree coverage standard unless it includes a minimum of 1,000 square feet (or such smaller area as required by paragraph 8.3.1C.4 above) and has no individual dimension of less than 13 feet. The area protected shall include the entire tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. of the tree cluster, and adequate tree protection measures, as defined in paragraph 8.3.2, Protection of Existing Vegetation, shall be taken during the construction and grading A land disturbing activity that modifies the contours of the land. of the project.

c. For parcels See “Lot of record.” one acre or less, no single tree preservation area for a cluster of trees shall be counted toward meeting the tree coverage standard unless it includes a minimum of 500 square feet (or such smaller area as required by paragraph 8.3.1C.4 above) and has no individual dimension less than 13 feet.

d. At least 60% of the tree coverage included within any tree preservation area shall be composed of trees with at least a one inch dbh as determined through use of landscape sampling pursuant to paragraph 9.3.3, Sampling.

e. At least 75% of the tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. for trees within the cluster measuring at least six inches dbh shall remain undisturbed for it to be considered a protected cluster. Root zones extending into rights-of-way shall be considered disturbed areas, unless legally binding protections are placed upon those areas.

4. Individual Trees

a. The tree coverage area for an individual tree shall be determined by the tree's tree protection zone.

b. At least 75% of the tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. for an individual tree shall remain undisturbed in order for that tree to count as preserved. Root zones extending into rights-of-way shall be considered disturbed areas, unless legally binding protections are placed upon those areas.

c. An individual tree can be counted toward tree coverage credit, provided that its diameter is six inches dbh or greater.

5. Construction in Preserved Tree Coverage Area.

a. Preserved tree coverage areas shall not be disturbed, except the following:

(1) Unpaved walking paths and foot trails constructed with minimal disturbance of tree roots and existing vegetation. No tree six inches dbh or greater shall be removed for the construction of the trail.

(2) Paved trails that are public trails and are shown on the most recent version of the Durham Trails and Greenways Master Plan. In no case shall the clearing of the trail corridor exceed 16 feet in width.

(3) Amenity areas containing such items as picnic tables and benches provided that such areas are unpaved and no larger than 200 square feet or 10% of the tree coverage area, whichever is smaller. No tree six inches dbh or greater shall be removed for the construction of an amenity area.

b. All buildings, utilities, and stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. facilities shall be set back at least 10 feet from the edge of any preserved tree coverage area. No easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., except conservation, greenway, and landscape 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 included within a tree coverage area.

E. Replacement Tree Coverage

Areas proposed as tree replacement shall meet the following requirements to satisfy the standards found in paragraph 8.3.1C, Tree Coverage:

1. For parcels See “Lot of record.” greater than one acre, no tree replacement area shall be counted toward meeting the tree coverage standard unless it includes a minimum of 1,000 square feet (or such smaller area as required by paragraph 8.3.1C.4 above) and has no individual dimension of less than 25 feet.

2. For parcels See “Lot of record.” one acre or less, no tree replacement area shall be counted toward meeting the tree coverage standard unless it includes a minimum of 500 square feet (or such smaller area as required by paragraph 8.3.1C.4 above) and has no individual dimension less than 15 feet.

3. When replacement trees are provided in order to satisfy the requirements of paragraph 8.3.1C, Tree Coverage, coverage credit shall be accrued in accordance with the following table with credit calculated based on the required planting area for the proposed trees.

Example:  Ten trees at 2½-inch caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. require 2,000 square feet of planting area (10 X 200 = 2,000), and provide 2,000 square feet of replacement tree credits.

4. At least 50% of replacement trees shall be one-inch caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. or greater.

5. All tree species shall be native to the North Carolina Piedmont region. A minimum of 50% of replacement trees shall be hardwood canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. species. The remainder of the replacement trees shall be a mix of understory hardwood and non-hardwood species, as long as no more than 50% of this remainder is pines.

6. Replacement trees shall be provided as a mix of species, in accordance with the standards set in paragraph 9.2.3B.6, Mixing of Tree Species, and shall consist of species allowed for “Tree Coverage” in tables 1A through 1H within the Landscape Manual for Durham, North Carolina.

7. One-hundred percent of the replacement trees planted to augment preserved tree coverage clusters pursuant to paragraph 8.3.1D.3, Clusters of Trees, shall be native understory hardwoods of one inch caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. or greater.

8. Areas designated as replacement tree coverage shall be subject to the use limitations imposed on preserved tree coverage in paragraph 8.3.1D.5, Construction in Preserved Tree Coverage Areas, except that stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control measures designed as bioretention facilities shall be allowed.

9. Replacement trees shall be planted before any 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 issued, unless the planting has been deferred to an appropriate season in accordance with the requirements of paragraph 9.11.2, Extensions for All Other Development.

Any trees preserved on 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. tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. in order to meet Ordinance requirements or otherwise indicated to be preserved shall meet the following protection standards.

A. Protection measures to be used during grading A land disturbing activity that modifies the contours of the land. and construction, including details of the tree protection fence(s) and its location(s), shall be shown on the site, landscape, grading A land disturbing activity that modifies the contours of the land., utility, demolition, and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control plans.

B. Tree protection zones The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. shall be established around all trees to be preserved. The tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. shall either be a six-foot radius around the tree or a one-foot radius for every inch of tree dbh, whichever is greater.

C. A tree protection fence constructed of a material resistant to degradation by sun, wind, and moisture for the duration of the construction, shall be installed at the same time as the erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control measures, and shall remain in place until all construction is complete. Such fencing shall be mounted on metal posts placed no further than ten feet apart. Silt fencing shall not serve as tree protection fencing.

D. At the start of grading A land disturbing activity that modifies the contours of the land. involving the lowering of the existing grade A land disturbing activity that modifies the contours of the land. around a tree or stripping of topsoil, a clean, sharp, vertical cut shall be made at the edge of the tree save area at the same time as other erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control measures are installed. Tree protection fencing shall be installed on the side of this cut farthest away from the tree trunk. This procedure shall be incorporated as a note on the grading A land disturbing activity that modifies the contours of the land. and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control plans.

E. No storage of materials, dumping of waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. materials, fill, or parking of equipment shall be allowed within the tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh., and no trespassing shall be allowed within the boundary of the tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh., and shall be so noted on the grading A land disturbing activity that modifies the contours of the land. and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control plans and posted at each end of the tree protection fence with perimeter 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. spaced a maximum of 100 feet on center thereafter. Each 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 read “no trespassing/tree protection area” and “prohibido entrar/zona protectora para los arboles”.

A. Purpose

The primary purpose of the tree survey requirements is to provide better information about the presence and location of significant trees on sites proposed 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.. This information is needed before plans 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. are so far advanced that it is unreasonable and impractical to modify the plans to protect the trees identified on the tree survey. Knowing the location and size of major specimen trees helps the staff and governing body evaluate possible modifications to the proposed plans to preserve significant trees and improve the appearance 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..

B. Land Disturbance Tree Survey

1. A land disturbance tree survey shall be required for any area for which the limits of disturbance are within 30 feet of a preserved tree coverage area, floodplain, steep slope area, riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., required landscape buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., inventory site, 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., or conservation area.

2. The land disturbance tree survey shall show the specific location, species, size and tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. of any tree(s) six inches dbh or greater that is within 30 feet of any area proposed for disturbance, and meets the qualifications in the above paragraph.

3. The land disturbance tree survey shall be shown on all site, grading A land disturbing activity that modifies the contours of the land., and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control plans, as well as preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review..

4. The survey shall be prepared in accordance with paragraph 9.2.4, Landscape Plans and Surveys.

A. Standard

Properties shall not be clear-cut during the conduct of forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. activities. To maintain the visual character of the site from adjoining properties 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., a vegetated perimeter buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be maintained while tree harvesting for forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. occurs. A 32-foot wide buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. of naturally existing vegetation shall be maintained along all boundaries of the property being forested that adjoin other properties. Along public rights-of-way, a 50-foot buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. of naturally existing vegetation shall be maintained, exclusive of areas required for access to the site.

B. Penalties

1. City

Site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. proposing 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 properties on which all or substantially all of the trees protected in a 32-foot buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. required under this section, a 50-foot buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. required under this section, or both, are removed shall be denied for a period of three years from the date of removal or five years from the date of removal if removal is a willful violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of this section.

2. County

Site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. proposing 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 properties on which all or substantially all of the trees protected in a 32-foot buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. required under this section, a 50-foot buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. required under this section, or both, are removed shall be denied for a period of three years from the date of removal.

A. A major specimen tree shall be defined pursuant to Sec. 17.3, Defined Terms.

B. Major specimen trees that are saved and protected under the requirements of paragraph 8.3.2 shall be granted tree coverage credit at one and one-half times the size of the tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh.. Major specimen trees that are located in the floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot., non-encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., floodway fringe The portion of the Special Flood Hazard Area that is outside of the Floodway., non-encroachment area fringe The area within the special flood hazard area that is adjacent to, but not within, the non-encroachment area and is within the 100 year floodplain and is inundated by the base flood., or Areas of Shallow Flooding Zone A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.e AO) (unless proposed to be filled or 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. in accordance with paragraph 8.4.4, Development in Special Flood Hazard Areas and Future Conditions Flood Hazard Areas), preserved 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. and 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. buffers, steep slope areas, riparian buffers, Major Transportation Corridor (MTC) buffers, and Durham Natural Inventory See "Durham Inventory." Sites are not eligible for additional credit as described above.

C. In order to receive additional credit for major specimen trees major Any evergreen canopy tree 18 inches dbh or greater, any deciduous canopy tree 12 inches dbh or greater and any understory tree (deciduous or evergreen) eight inches dbh or greater, except any tree listed as a nonnative invasive plant by the U.S. Forest Service or prohibited pursuant to the Landscape Manual for Durham, North Carolina, also referred to as the Landscape Manual .jor specimen tree survey shall be required showing specific location, species, size, and tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. of all major specimen trees to be saved. This survey shall be included on all site, landscape, grading A land disturbing activity that modifies the contours of the land., utility, demolition, and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control plans.

The primary purpose of the floodplain and flood damage protection standards is to preserve and maintain the natural floodplain in an undisturbed vegetated state in order to maintain flood storage capacity, control stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt., improve water quality and conserve plant and wildlife habitat. Additionally, these standards serve to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas.

In addition, this section serves to facilitate implementation of the Federal Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Program and to minimize the possibility that new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. will sustain damage from flooding by:

A. Restricting or prohibiting uses that are dangerous to health, safety and property due to water or erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. hazards, or which result in damaging increases in erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. or in flood heights or velocities;

B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

C. Controlling the alteration of natural floodplains, stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

D. Controlling filling, grading A land disturbing activity that modifies the contours of the land., dredging, or 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. that may increase erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. or flood damage;

E. Preventing or regulating the construction of flood barriers that unnaturally divert flood waters or that may increase flood hazards to other lands;

F. Minimizing damage to 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. and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard; and

G. Ensuring that property owners Any person having charge of any real property according to the records held by the Register of Deeds. and potential property owners Any person having charge of any real property according to the records held by the Register of Deeds. are notified that property is a Special Flood Hazard Area or Future Conditions Flood Hazard Area The land area that would be inundated by the one percent (1%) annual chance flood based on future conditions hydrology as determined in paragraph 8.4.2, Applicability, of this ordinance..

Commentary:  Losses in floodprone areas are the result of the cumulative effects of 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., removal of vegetative cover, and construction practices that cause an increase in flood heights and velocities. Increased flood heights and velocities create a greater threat to land uses and structures that are inadequately elevated, floodproofed, or are otherwise unprotected from flood damage. Occupancy in flood prone areas by uses vulnerable to floods or other hazards can result in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of Durham City or County or by any 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 employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

This section shall apply to all Special Flood Hazard Areas, Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas, and nearby effected flood hazard areas within the City and County of Durham as identified by the Federal Emergency Management 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. (FEMA) or produced 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. under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its FIS dated December 6, 2019, for Durham County and associated DFIRM panels, including any digital data 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 part of the FIS, which are adopted by reference and declared a part of this ordinance and any revision thereto pursuant to NCGS§ 160D-105.  The Special Flood Hazard Areas, Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas, and nearby effected flood hazard areas also include those defined through standard engineering analysis for private 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 by governmental agencies 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., but which have not yet been incorporated in the FIRM. This includes, but is not limited to, detailed flood data generated as a requirement of paragraphs 3.21.2B.11 and 12, Duties and Responsibilities.

A. General

In all Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas the following provisions are required:

1. All new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. and substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. shall be anchored to prevent flotation, collapse, or lateral movement of the 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.;

2. All new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. and substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. shall be constructed with materials and utility equipment resistant to flood damage;

3. All new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. or substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. shall be constructed by methods and practices that minimize flood damages;

4. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. These include but are not limited to HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric meter panels/boxes, utility/cable boxes, appliances (i.e., washers, dryers, refrigerator, etc.), hot water heaters, electric outlets/switches;

5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;

7. On-site 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. systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;

8. Any alteration, repair, reconstruction, or improvements to a 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. which is in compliance with the provisions of this ordinance, shall meet the requirements of new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures.; and

9. New solid 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. facilities and sites, hazardous waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. management facilities, salvage yards Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery., and chemical storage facilities shall not be permitted. A 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. or tank for chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant or wastewater treatment facility can be located in a Special Flood Hazard Area only if the 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. or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified according to the certification requirements in Sec. 3.21, Floodplain Development Permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity..

10. Fill material shall be used for all new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. and substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. to create an elevation that is two feet above base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. elevation or future conditions flood elevation A determination of the water surface elevations of the one percent (1%) annual chance flood based on future conditions hydrology as published in the Flood Insurance Study. This elevation, when combined with the freeboard, establishes the “Regulatory Flood Protection Elevation” in Future Conditions Flood Hazard Areas., except as otherwise authorized pursuant to paragraph 8.4.4, 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 Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas. The fill material shall be required to extend for a distance of 40 feet from the exterior walls of a 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.. Where the distance to the property line is less than 40 feet, the fill shall extend to the property line. The required fill material distance shall include a sloped edge with a maximum 3:1 slope [for example, for a fill three feet deep: 31 feet of flat fill plus nine feet of sloped fill] or a retaining wall in lieu of the slope [for example, a side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. of flat fill and a retaining wall]. Residential accessory structures which are defined as nonhabitable structures by the North Carolina 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 are exempt from requirements to extend the fill material away from the base but are required to be placed on fill which is two feet, or five feet in Zone A, above base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. elevation. Exceptions from any of these requirements resulting from special storm water considerations shall be forwarded to the approving authority if other than the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator., with a recommendation from the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator..

11. Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a 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. 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. existing on the effective date of this ordinance and located totally or partially within the floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or non-encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., provided there is no additional 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. below the Regulatory Flood Protection Elevation The elevation above mean sea level to which the reference level of all structures and other development located within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas must be protected. 1. In Special Flood Hazard Areas where Base Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. 2. In Special Flood Hazard Areas where no BFE has been established, this elevation shall be at least five feet above the highest adjacent grade. 3. In Future Conditions Flood Hazard Areas this elevation shall be the Future Conditions Flood Elevation plus two feet of freeboard. in the floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or non-encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., and provided that such repair, reconstruction, or replacement meets all of the other requirements of this ordinance.

12. When a 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. is partially located in a Special Flood Hazard Area, the entire 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. shall meet the requirements for new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. and substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure..

13. When a 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. is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. elevations, the provisions for the more restrictive flood hazard risk zone and the highest Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. shall apply.

B. Specific Standards

In all Special Flood Hazard Areas where Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data has been provided and in Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas where future conditions flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. elevations data has been provided, as set forth in paragraph 8.4.2, Applicability, or paragraph 3.21.2B (11 and 12), Duties and Responsibilities, the following provisions are required:

1. Subdivisions

a. Land in the Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas can be used for the following purposes, provided that such uses are designed and constructed to minimize clearing, grading A land disturbing activity that modifies the contours of the land., erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and water quality degradation and are in compliance with the Sec. 8.4, Floodplain and Flood Damage Protection Standards. Land within Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas shall not serve to meet minimum lot size requirements, except in the Rural Tier and on property zoned RR or RS-20 in the Suburban Tier where at least 50% of the required lot area The total area within the lot lines of a platted lot. is located outside the floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or non-encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report. or floodway fringe The portion of the Special Flood Hazard Area that is outside of the Floodway..

b. When permitted, 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 located within Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas shall:

(1) be consistent with the need to minimize flood damage;

(2) have public utilities 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. and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

(3) have adequate drainage provided to reduce exposure to flood hazards; and,

(4) have Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data provided if 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 greater than the lesser of five (5) acres or fifty (50) lots/manufactured home sites. Such Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data shall be adopted by reference per paragraph 8.4.2, Applicability, to be utilized in implementing this code.

2. Residential Construction

New construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. or substantial improvement Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. of any residential 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. (including manufactured homes) shall have the reference level The top of the lowest floor for structures within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas designated as Zone AE, A, A99, AO, or X (Future)., including basement The lowest level or story which has its floor sub-grade on at least three sides., elevated no lower than the regulatory flood protection elevation.

3. Non-Residential Construction

New construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. or substantial improvement Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. of any commercial, industrial (other than hazardous, solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations., salvage yards Any non-residential property used for the storage, collection, and/or recycling of any type of equipment, and including but not limited to vehicles, appliances and related machinery., chemical storage facilities or similar uses which are prohibited) or other non-residential 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. shall have the reference level The top of the lowest floor for structures within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas designated as Zone AE, A, A99, AO, or X (Future)., including basement The lowest level or story which has its floor sub-grade on at least three sides., elevated no lower than the regulatory flood protection elevation. Structures located in AE and X (Future) Zones can be floodproofed to the regulatory flood protection elevation in lieu of elevation provided that all areas of the 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. below the required flood protection elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in the certification requirements in Sec. 3.21, Floodplain Development Permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity..

4. Manufactured Homes

a. New or replacement manufactured homes shall be elevated so that the reference level The top of the lowest floor for structures within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas designated as Zone AE, A, A99, AO, or X (Future). of the manufactured home is no lower than the regulatory flood protection elevation.

b. Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement in accordance with the State of North Carolina Regulations for Manufactured/Mobile Homes, 1995 Edition, and any revision thereto adopted by the Commissioner of Insurance pursuant to NCGS §143-143.15 or a certified engineered foundation. Additionally, when the elevation would be met by an elevation of the chassis thirty-six (36) inches or less above the grade A land disturbing activity that modifies the contours of the land. at the site, the chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength. When the elevation of the chassis is above thirty-six (36) inches in height, an engineering certification is required.

c. All foundation enclosures or skirting shall be in accordance with paragraph 8.4.3B.5, Elevated Buildings A non-basement building: (a) built in a Special Flood Hazard Area to have the top of the elevated floor, above the ground by means of pilings, columns (posts or piers), shear walls parallel to the flow of water or adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood; or (b) elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters..

d. All new, substantially improved Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. or substantially damaged Damage of any origin sustained by a structure during any one year period whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. manufactured home parks A residential development under single ownership with sites for manufactured homes of Class A or B and various other facilities for the residents of the development. or 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. located within Special Flood Hazard Areas or Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas shall prepare an evacuation plan for evacuation of all residents. The plan shall be filed with the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. and the Emergency Management Coordinator prior to the time of site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval, plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. approval, or building permit A permit issued by the Inspections Department in conformance with the State Building Code., if site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. are not required.

e. Manufactured homes, except replacement manufactured homes located in an existing manufactured home park A residential development under single ownership with sites for manufactured homes of Class A or B and various other facilities for the residents of the development. or 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., shall not be permitted in the floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or non-encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report.. Permitted manufactured homes shall be subject to the non-encroachment standards of paragraph 8.4.3E, Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. and Non-Encroachment Areas The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report..

5. Elevated Buildings

New construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. or substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. of elevated buildings A non-basement building: (a) built in a Special Flood Hazard Area to have the top of the elevated floor, above the ground by means of pilings, columns (posts or piers), shear walls parallel to the flow of water or adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood; or (b) elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. that include fully enclosed areas that are below the regulatory flood protection elevation shall not be designed to be used for human habitation, but shall be designed to be used only for parking of vehicles 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., 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. access, or limited storage of maintenance equipment used in connection with the premises, be constructed entirely of flood resistant materials below the regulatory flood protection level in Zone AE and X Zone (Future) and meet the following design criteria:

a. Measures for complying with this requirement shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. To meet this requirement, the foundation must either be certified by a professional engineer or architect or meet the following minimum design criteria:

(1) Provide a minimum of two openings on different sides of each enclosed area subject to flooding.

(2) The total net area of all openings must be at least one (1) square inch for each square foot of each enclosed area subject to flooding.

(3) If a 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. has more than one enclosed area, each area must have openings on exterior walls to allow floodwater to directly enter;

(4) The bottom of all required openings shall be no higher than one (1) foot above the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. grade A land disturbing activity that modifies the contours of the land.; and

(5) Openings can be equipped with screens The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views., louvers, or other opening coverings or devices provided they permit the automatic flow of floodwaters in both directions. For purposes of this provision, vinyl or sheet metal skirting shall not be considered an enclosure for regulatory and flood insurance The insurance coverage provided under the National Flood Insurance Program. rating purposes and therefore shall not require hydrostatic openings.

b. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles 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. (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be partitioned or finished into separate rooms, except to enclose storage areas.

6. Additions/Improvements

a. Additions and/or improvements to pre-FIRM structures when the addition and/or improvements in combination with any interior modifications to the existing 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. are:

(1) not a substantial improvement Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing 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.; or

(2) a substantial improvement Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure., the existing 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. and the addition and/or improvements must comply with the standards for new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures..

b. Additions to post-FIRM structures with no modifications to the existing 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. shall require only the addition to comply with the standards for new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures..

c. Additions and/or improvements to post-FIRM structures whereas the addition and/or improvements in combination with any interior modifications to the existing 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. are:

(1) not a substantial improvement Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure., the addition and/or improvements only must comply with the standards for new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures.; or

(2) a substantial improvement Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure., the existing 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. and the addition and/or improvements must comply with the standards for new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures..

d. Where a fire wall or independent perimeter load-bearing wall is provided between the addition and the existing 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., the addition(s) shall be considered a separate 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 only the addition must comply with the standards for new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures..

7. Recreational Vehicles

Recreational vehicles A vehicle, which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. shall not be located within Special Flood Hazard Areas or Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas for 180 days or more and shall be licensed and ready for highway use (on wheels attached to a site by quick-disconnect type utilities with no permanently attached additions). Recreational vehicles A vehicle, which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use. not meeting these standards shall meet the standards of manufactured homes above.

8. Temporary Structures

Prior to the issuance of a floodplain development permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity. for a temporary 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., Applicants must submit to the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. a written plan for the removal of such 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.(s) in the event of a hurricane or flash flood warning notification. The plan must include the following information:

a. a proposed time period for which the temporary use will be permitted;

b. the name, address, and phone number of the individual responsible for the removal of the temporary 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.;

c. the time frame prior to the event at which a 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. will be removed (i.e. minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification);

d. a copy of the contract or other suitable instrument with a trucking company to ensure the availability of removal equipment when needed; and

e. designation, accompanied by documentation, of a location outside the Special Flood Hazard Area or Future Conditions Flood Hazard Area The land area that would be inundated by the one percent (1%) annual chance flood based on future conditions hydrology as determined in paragraph 8.4.2, Applicability, of this ordinance. to which the temporary 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. will be moved.

9. Accessory Structures

When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood Hazard Area or Future Conditions Flood Hazard Area The land area that would be inundated by the one percent (1%) annual chance flood based on future conditions hydrology as determined in paragraph 8.4.2, Applicability, of this ordinance., the following criteria shall be met:

a. Accessory structures shall not be used for human habitation (including work, sleeping, living, cooking or restroom areas);

b. Accessory structures shall be designed to have low flood damage potential;

c. Accessory structures shall be constructed and placed on the 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. site so as to offer the minimum resistance to the flow of floodwaters;

d. Accessory structures shall be firmly anchored in accordance with paragraph 8.4.3, General;

e. All service facilities such as electrical and heating equipment shall be installed in accordance with paragraph 8.4.3, Specific Standards;

f. Openings to relieve hydrostatic pressure during a flood shall be provided below regulatory flood protection elevation in conformance with elevated 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. requirements in paragraph 8.4.3, Standards; and

g. An accessory 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. with a footprint less than 150 square feet does not require an elevation or floodproofing Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents. certificate. Elevation or floodproofing Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents. certifications are required for all other accessory structures in accordance with the certification requirements in Sec. 3.21, Floodplain Development Permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity..

C. Floodplains without Base Flood Elevations

Within the Special Flood Hazard Areas established in paragraph 8.4.2, Applicability, where no Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data has been provided, the following provisions shall apply:

1. No encroachments 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., including fill, new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures., substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. or 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 permitted within a distance of 20 feet each side from top of bank or five times the width of the stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments 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. shall not result in any increase in flood levels during the occurrence of the base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. discharge.

2. The BFE used in determining the regulatory flood protection elevation shall be determined based on one of the following criteria set in priority order:

a. If Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data is available from other sources, all new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. and substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. within such areas shall also comply with all applicable provisions of this ordinance and shall be elevated or floodproofed in accordance with standards in paragraph 3.21.2B (11&12).

b. All 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., manufactured home park A residential development under single ownership with sites for manufactured homes of Class A or B and various other facilities for the residents of the development. and 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. proposals shall provide Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data if 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 greater than five acres or has more than 50 lots/manufactured home sites. Such Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data shall be adopted by reference per paragraph 8.4.2, Standards, to be utilized in implementing this ordinance. A Letter of Map Revision LOMR A letter issued by the Federal Emergency Management Agency that confirms amendment of a special flood hard area boundary.R) shall be required prior to the approval of construction drawings 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. requiring BFE data to be provided.

c. When Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data is not available from a Federal, State, or other source as outlined above, the reference level The top of the lowest floor for structures within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas designated as Zone AE, A, A99, AO, or X (Future). shall be elevated to or above five feet above the highest adjacent Property abutting directly on the boundary of, touching, or sharing a common point. grade A land disturbing activity that modifies the contours of the land..

D. Floodplains with Base Flood Elevations but no Established Floodway or Non-Encroachment Areas

Along rivers and streams A body of concentrated flowing water in a natural low area or natural channel on the land surface. where Base Flood Elevation (BFE) The water surface elevations for the Base Flood as published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may be obtained from engineering studies available from a Federal, State, or other source using FEMA-approved engineering methodologies. This elevation, when combined with the Freeboard, establishes the Regulatory Flood Protection Elevation in Special Flood Hazard Areas. data is provided but neither floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. nor non-encroachment areas The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report. are identified for a Special Flood Hazard Area on the FIRM or in the FIS, no encroachments 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., including fill, new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures., substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure., or 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., shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect 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., when combined with all other existing and anticipated 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 not increase the water surface elevation of the base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. more than one foot at any point within the community.

E. Floodway and Non-Encroachment Areas

Located within the Special Flood Hazard Areas established in paragraph 8.4.2, Applicability, are areas designated as floodways The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or non-encroachment areas The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., which are extremely hazardous due to the velocity of floodwaters that have erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. potential and carry debris and potential projectiles. In such areas no encroachments 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., including fill, new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures., substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure., or 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. shall be permitted unless the Federal Emergency Management 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. (FEMA) authorizes conditional approval of the proposed 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. via a Conditional Letter of Map Revision (CLOMR) A formal review and comment issued by the Federal Emergency Management Agency as to whether a proposed project complies with the minimum NFIP floodplain management criteria, and direction on revisions that will need to be made to the NFIP maps and/or study upon completion of the project. or a professional engineer registered in the State of North Carolina certifies that such uses will result in no increases in flood levels during the occurrence of a base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology., as demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice if required by the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator..

F. Standards for Areas of Shallow Flooding (Zone AO)

Located within the Special Flood Hazard Areas established in paragraph 8.4.2, Applicability, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to the general standards in 8.4.3A, all new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. and substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. shall meet the following requirements.

1. The reference level The top of the lowest floor for structures within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas designated as Zone AE, A, A99, AO, or X (Future). shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM) An official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard, the Future Conditions Flood Hazard Areas and the risk premium zones., in feet, plus a freeboard The height added to the Base Flood Elevation (BFE) or the future conditions flood elevation to account for watershed development as well as limitations of the engineering methodologies for the determination of flood elevations. The Base Flood Elevation plus the freeboard establishes the “Regulatory Flood Protection Elevation.” of two feet, above the highest adjacent Property abutting directly on the boundary of, touching, or sharing a common point. grade A land disturbing activity that modifies the contours of the land.; or at least five feet above the highest adjacent Property abutting directly on the boundary of, touching, or sharing a common point. grade A land disturbing activity that modifies the contours of the land. if no depth number is specified.

2. Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in paragraph 8.4.3F.1 so that the 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., together with attendant utility and sanitary facilities, below that level shall be watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as per paragraph 3.21.6, Certification Requirements, and paragraph 8.4.3B.3, Non-Residential Construction.

3. Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

A. General

1. 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. and 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. within Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas shall be prohibited, except as provided below.

2. The Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. and the Board of Adjustment, as applicable, shall not approve 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. that is located below the regulatory flood protection elevation if such 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 otherwise required to be located at or above the regulatory flood protection elevation or is not permitted within the Special Flood Hazard Areas or Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas.

3. 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. addressed under paragraph 8.4.3C, Floodplains without Base Flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. Elevations, and paragraph 8.4.3D, Floodplains with Base Flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. Elevations but no Established Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or Non-Encroachment Areas The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., shall be deemed floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. 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. for purposes of this section.

B. Development Allowed

Land can be used for the following purposes, with no special approvals required:

1. Agricultural uses Land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Also included in this definition of agricultural uses are agricultural accessory buildings and sales of farm products grown or produced on the premises. This definition does not include domesticated chickens allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm tenant dwellings., including active agriculture, pasture forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources., wildlife sanctuary, game farms Land used as pasture or in the commercial production of crops, forestry, horticultural products, fish hatcheries or aquaculture, and the keeping of livestock for commercial or noncommercial purposes. Also included in this definition of agricultural uses are agricultural accessory buildings and sales of farm products grown or produced on the premises. This definition does not include domesticated chickens allowed pursuant to Sec. 5.4, Accessory Uses and Structures, the commercial slaughtering of animals for marketing, and farm tenant dwellings., and similar uses; and

2. Lawns and gardens.

C. Development Requiring Floodplain Administrator Approval

The following shall only require Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. approval in association with any applicable site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., construction drawings, or building permit A permit issued by the Inspections Department in conformance with the State Building Code. approval.

1. 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, or substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. to, a 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. or duplex 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., and associated site improvements such as accessory structures, driveways A private roadway located on a parcel or lot used for vehicle access., walkways, and utility crossings, on a single 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. recorded 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. on or before January 1, 2006, or recorded prior to being mapped in the floodway fringe The portion of the Special Flood Hazard Area that is outside of the Floodway., non-encroachment area fringe The area within the special flood hazard area that is adjacent to, but not within, the non-encroachment area and is within the 100 year floodplain and is inundated by the base flood., or Areas of Shallow Flooding Zone A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.e AO). Such projects can utilize fill, pursuant to a floodplain development permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity. per Sec. 3.21, Floodplain Development Permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity., in the floodway fringe The portion of the Special Flood Hazard Area that is outside of the Floodway., non-encroachment area fringe The area within the special flood hazard area that is adjacent to, but not within, the non-encroachment area and is within the 100 year floodplain and is inundated by the base flood., or Zone AO.

2. Floodproofing Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents. or elevation by design in lieu of required fill for new construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. or substantial improvements Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) any project or improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. on lots 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. that were recorded on or before January 1, 2006, pursuant to a floodplain development permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity. issued under Sec. 3.21, Floodplain Development Permit Means any type of permit that is required in conformance with the provisions of this ordinance, prior to the commencement of any development activity.. If the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. approves floodproofed or elevated-by-design construction or improvements rather than use of fill in Zone AE or Zone X (Future), the approval shall specify the minimum foundation opening requirements and limitations on below-BFE enclosures uses, if applicable.

3. 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. with a valid 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. approval prior to the most recent and applicable Flood Insurance The insurance coverage provided under the National Flood Insurance Program. Rate Map(s) (FIRM) for Durham County. This shall also include any necessary 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. amendment that is a result of the impacts of the FIRM.

4. The following uses, with the ability to utilize fill in support of the use:

a. Parks, playgrounds A constructed area designated for play and recreation typically for children, surfaced with material recommended by the most current safety handbook published by the U.S. Consumer Product Safety Commission, and consisting of play structures and equipment, including but not limited to, slides, swings, rockers, and climbing apparatus., trails, ballfields, and other similar recreational facilities.

b. Constructed or restored 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. or riparian buffers for mitigation.

c. Utility crossings to connect to existing facilities where it is the most direct connection, as specified by the Public Works Director, or designee. Crossings shall be perpendicular from the facility to the connection, with an allowable 15 degree variation. A non-perpendicular route shall be used if it is demonstrated to cause less disturbance than the perpendicular route.

d. Crossings by streets, driveways A private roadway located on a parcel or lot used for vehicle access., pedestrian walkways, and railroads where no other option is available. Crossings shall be perpendicular from the facility to the connection, with an allowable 15 degree variation. A non-perpendicular route shall be used if it is demonstrated to cause less disturbance than the perpendicular route.

e. Level spreaders and vegetative filter strip stormwater runoff The direct runoff of water resulting from precipitation in any form. devices.

D. Development Requiring a Minor Special Use Permit

The following shall require approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permits, including the review factors in paragraph 3.9.8C, Additional Review Factors 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 Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas.

1. Fill or Development in the Floodway Fringe, Non-Encroachment Area Fringe, or Future Conditions Flood Hazard Areas

Any fill or 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. (e.g., parking or floodproofing Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities, or structures with their contents. or elevation by design) in the floodway fringe The portion of the Special Flood Hazard Area that is outside of the Floodway., non-encroachment area fringe The area within the special flood hazard area that is adjacent to, but not within, the non-encroachment area and is within the 100 year floodplain and is inundated by the base flood., Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas, or Areas of Shallow Flooding Zone A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that reflects the severity or type of flooding in the area.e AO) that is not under the approval authority of the Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. pursuant to paragraph 8.4.4B, 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. Requiring Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. Approval.

2. Fill or Development in the Floodway or Non-Encroachment Area

a. Uses listed below and located in the floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or non-encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report. that do not qualify for Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. approval pursuant to paragraph 8.4.4C, 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. Requiring Floodplain Administrator The individual appointed to administer and enforce the floodplain management regulations. The Planning Director or designee serves as the Floodplain Administrator pursuant to paragraph 3.21.2, Floodplain Administrator. Approval:

(1) Crossings by streets, driveways A private roadway located on a parcel or lot used for vehicle access., pedestrian walkways, and railroads.

(2) Intakes, docks, piers, utilities (including water and wastewater treatment, including stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control 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. and erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. control facilities), bridges, other 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., and water-dependent structures A structure which cannot be used for its intended purpose unless it is located in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities..

(3) Other encroachments 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. authorized by FEMA.

b. Fill may be proposed in support of such uses.

c. Certification required under paragraph 8.4.3C, Floodplains without Base Flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. Elevations, paragraph 8.4.3D, Floodplains with Base Flood The flood having a one percent chance of being equaled or exceeded in any given year based on current conditions hydrology. Elevations but no Established Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or Non-Encroachment Areas The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., or paragraph 8.4.3E, Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. and Non-Encroachment Areas The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., as appropriate, shall be provided.

E. Density Credit

1. No density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. credit shall be allowed for land in the floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than one (1) foot. or non-encroachment area The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot as designated in the Flood Insurance Study report., except as otherwise allowed in this Ordinance.

2. The amount of land in the floodway fringe The portion of the Special Flood Hazard Area that is outside of the Floodway. or non-encroachment area fringe The area within the special flood hazard area that is adjacent to, but not within, the non-encroachment area and is within the 100 year floodplain and is inundated by the base flood. shall be credited for residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. on adjacent Property abutting directly on the boundary of, touching, or sharing a common point. land in the same 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. at a rate of 50% of that allowed by the zoning, except as otherwise allowed in this Ordinance.

3. The portions of the Special Flood Hazard Areas and Future Conditions Flood The flood having a one (1) percent chance of being equaled or exceeded in any given year based on future conditions hydrology. Hazard Areas located within required riparian buffers shall be given 100% credit.

The primary purpose of Sec. 8.5, Riparian Buffer Protection Standards (which may be referred to herein as “this section”) is to maintain land adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to surface waters in a vegetated state in order to enhance and maintain water quality, protect stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. channel 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., minimize stormwater runoff The direct runoff of water resulting from precipitation in any form., reduce 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., provide nutrient removal, conserve plant and wildlife habitat and protect wildlife movement corridors.

This section shall apply to any 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. or entity conducting activities within the City or County of Durham, except where such activities are otherwise regulated by the State of North Carolina or the United States. Outside of the Neuse River Basin, activities otherwise regulated by the State include forest harvesting and agricultural activities, activities conducted by a local, state, or federal government, and activities under multiple jurisdictions except where such multiple jurisdictions are the City and County of Durham exclusively. This section shall supersede all locally implemented buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements stated in 15A NCAC 02B .0214 through .0216 as applied to WS-II, WS-III, and WS-IV waters in the Jordan watershed All of the land area draining to a particular point on a water course or to a water body.. Where any requirement of this section conflicts with any other valid law, the most stringent requirement shall apply.

The requirements of this section shall apply in all cases, including where State standards are less stringent. Review and approval by the City or County is always required, except in the case of an exempt use, and shall occur pursuant to the applicable process in each case (e.g., Preliminary Plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., Major Site Plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., etc.). Within the Neuse River Basin, final review by the City or County shall occur after any State action is completed.

Within the Neuse River Basin, the definitions contained or referenced in 15A NCAC 02B .0233 and .0242 shall apply to this section. Outside of the Neuse River Basin, the definitions contained or referenced in 15A NCAC 02B .0263, .0267, and .0268 shall apply to this section. Such definitions shall supersede any conflicting UDO definition for purposes of this section.

A. Regulated Activities

This section shall apply to any activity conducted within any riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., and to any activity conducted outside of any riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. that has hydrologic impacts upon that buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of the diffuse flow requirements of paragraph 8.5.5, Diffuse Flow Requirements. There is no disturbed area minimum for regulated activities and they include but are not limited to activities conducted pursuant 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. permits. As stated in paragraph 8.5.2, Applicability, compliance with this entire section is required even where State standards are less stringent. Within the Neuse River Basin, final review by the City or County shall occur after any State action is completed.

B. Buffers Protected

1. General Riparian Buffers

a. Riparian buffers as depicted on the table below shall be required adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the following surface waters: intermittent streams perennial Except under Sec. 8.5, Riparian Buffer Protection Standards, a watercourse that collects surface runoff and is shown as a solid blue line on the most recent USGS 7½-minute quadrangle topographic maps, is shown as a perennial stream on maps in the most recent US Department of Agriculture (USDA) Soil Survey, or is shown as a perennial stream on the Natural Resource Conservation Service (NRCS) maps.l streams A body of concentrated flowing water in a natural low area or natural channel on the land surface.; modified natural streams A body of concentrated flowing water in a natural low area or natural channel on the land surface.; lakes; and ponds including beaver ponds.

b. The table includes the additional buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width required for certain surface waters in watershed All of the land area draining to a particular point on a water course or to a water body. protection overlays. It does not include the 10-foot setback The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure. required under paragraph 8.5.9C below.

c. A lake or pond shall receive the same buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. as the stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. to which it is connected at the point of initial connection.

d. A gap of 300 feet or less in a stream A body of concentrated flowing water in a natural low area or natural channel on the land surface., as determined by the City or County, shall receive the same buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. as the upstream portion of such stream A body of concentrated flowing water in a natural low area or natural channel on the land surface., including culverted or piped streams A body of concentrated flowing water in a natural low area or natural channel on the land surface. approved and installed after the effective dates listed in paragraph 8.5.4C.3.a.

Commentary:  UDO Sec. 17.3, Defined Terms, defines “adjacent Property abutting directly on the boundary of, touching, or sharing a common point.” as “[p]roperty abutting directly on the boundary of, touching, or sharing a common point.” The applicable state rules define “modified natural stream A body of concentrated flowing water in a natural low area or natural channel on the land surface.” as “an on-site channelization or relocation of a stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. channel and subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations in the immediate watershed All of the land area draining to a particular point on a water course or to a water body.. A modified natural stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. must have the typical biological, hydrological, and physical characteristics commonly associated with the conveyance of water.”

Key:

P – Perennial

I – Intermittent

NA – Not applicable because not located therein

M/LR-A – Lake Michie/Little River Critical Area

M/LR-B – Lake Michie/Little River Protected Area

E-A; E-A(2) – Eno River Critical Area

E-B – Eno River Protected Area

F/J-A – Falls/Jordan Critical Area

F/J-B – Falls/Jordan Protected Area

2. Riparian Reservoir Buffers

Riparian buffers shall be required adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to reservoirs pursuant to Sec. 8.6, Water Supply Reservoir Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

3. Riparian Wetland Buffers

Riparian buffers shall be required adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to 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. pursuant to Sec. 8.9, 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. Protection Standards.

4. 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. adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to, or within 50 feet of, surface waters shall be considered part of the riparian buffers but are regulated pursuant to 15A NCAC 2B .0230 and .0231, 15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the Federal Water Pollution Control Act.

C. Buffer Measurement

Riparian buffers shall be measured as follows:

1. For intermittent and perennial streams A body of concentrated flowing water in a natural low area or natural channel on the land surface., begin at the top of the bank and extend landward the required distance on all sides of the surface water, measured horizontally on a line perpendicular to a vertical line marking the top of the bank.

2. For ponds, lakes and reservoirs located within a natural drainage way, begin at the normal water level and extend landward the required distance, measured horizontally on a line perpendicular to a vertical line marking the normal water level.

3. Where an intermittent or perennial stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. begins or ends, including but not limited to when it goes underground, enters or exits a culvert, or enters or exits a 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., begin at the top of the bank and extend landward the required distance in a radius around the beginning or end.

a. The radius requirement shall apply to culverts or piping present within the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. as of July 22, 1997 within the Neuse River Basin, or as of the effective date of this section (November 4, 2010 for the City; November 8, 2010 for the County) outside of the Neuse River Basin, and has continued to exist since that time.

b. Paragraph 8.5.8, Piping Streams A body of concentrated flowing water in a natural low area or natural channel on the land surface., shall apply to culverts or piping that were approved and installed after such effective dates.

4. Where an intermittent, perennial, or modified natural stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. contains a gap of 300 feet or less, as determined by the City or County, extend the upstream buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. in a straight line through the gap, or in an alternative manner if approved by the Planning Director or designee, until it meets the downstream buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.. This shall include culverted or piped streams A body of concentrated flowing water in a natural low area or natural channel on the land surface. approved and installed after the effective dates listed in paragraph 8.5.4C.3.a.

D. Buffer Identification

1. Riparian buffers shall be clearly indicated on 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. plans, 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., final plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., 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 plans, any other plans required before, during, or after construction, and any other documents as required under applicable law or policy.

2. 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. or other mechanisms that clearly demarcate riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. boundaries shall be required for all 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. or redevelopment.

a. Temporary 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 before clearing and grading A land disturbing activity that modifies the contours of the land. begins and maintained until permanent 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. are installed. Tree save or silt fencing may be used in lieu of temporary 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. with prior approval from the City or County as appropriate.

b. Permanent 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 prior to issuance of certificate of occupancy and maintained in perpetuity.

c. All 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 posted at intervals of one per parcel See “Lot of record.” or every 50 feet, whichever is less.

d. Each 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 be [at least, City only] four inches by six inches in size, shall face away from the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., and shall read “Riparian Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. – Do Not Disturb Except as Authorized by the City [County] of Durham”.

e. All 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. must be placed on metal or wood posts installed securely in the ground, except that permanent 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. may be placed on permanent fencing along the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. boundary. If wood posts are used they must be at least two inches by two inches in size and be made of treated wood. Posts must extend a minimum of three feet above ground and be sunk at least two feet below ground.

Diffuse flow shall be maintained in riparian buffers by dispersing concentrated flow prior to its entry into a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. and reestablishing vegetation as listed below. These requirements 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., including 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. that does not propose to impact or conduct an activity within a riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

A. Concentrated runoff Water from precipitation that flows off a property. from new ditches or man-made conveyances shall be converted to diffuse flow at non-erosive velocities before the runoff Water from precipitation that flows off a property. enters a riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. except as authorized under paragraph 8.5.10, Uses.

B. Corrective action to restore diffuse flow shall be taken as necessary and shall be designed to impede the formation of erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. gullies.

C. New stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. conveyances including drainage ditches, roadside ditches, and stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. BMPs shall not be allowed in or through riparian buffers except as authorized under paragraph 8.5.10, Uses.

A. Maps

All of the following maps shall be used to identify surface water subject to the requirements of this section:

1. The most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture, which means the most recent hard copy paper bound map or CD-ROM or PDF of such map; and

2. The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic map prepared by the United States Geologic Survey (USGS); and

3. Outside of the Neuse River Basin, any map approved by the Geographic Information Coordinating Council, the North Carolina Environmental Management Commission and both governing bodies as more accurate than the maps listed in paragraphs 1 and 2 above. However, such map shall not be used for buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. delineation on projects that are existing and ongoing under paragraph 8.5.7, Existing Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Exemption.

Surface water shall be deemed present if it is at least approximately shown on any map. If any surface water is depicted differently on different maps, the most restrictive depiction shall apply.

B. On-Site Determinations

1. Within the Neuse River Basin

A landowner or other affected party who believes that surface water is inaccurately depicted shall consult the North Carolina Division of Water Resources (Division) and may request an on-site determination by the Division.

2. Outside the Neuse River Basin

a. The Division or another party may request an on-site determination by the City or County as appropriate of the specific origination point of a stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. where it is in question.

b. A landowner or other affected party, including the Division, who believes that one or more maps inaccurately depict, or omit based on site-specific evidence, surface water shall consult the City or County as appropriate and may request an on-site determination by the City or County.

c. When an on-site determination is requested, a City or County representative, or other party authorized or accepted by the City or County, who has successfully completed the Division’s Surface Water Identification Training Certification course, its successor, or other equivalent training curriculum approved by the Division, shall make the on-site determination following submission of any fees, information or documents required by the City or County. An origination point shall be established using the latest version of the Division publication, Identification Methods for the Origins of .

d. A City or County representative, or other party authorized or accepted by the City or County, who has successfully completed the training required above may also make either type of on-site determination absent an outside consultation or request.

e. An on-site determination shall be valid for five years from the date of the determination unless specified otherwise therein.

3. Surface water shown on a map shall be exempt from Sec. 8.5, Riparian Buffer Protection Standards, if it is determined on site to be: 1) a manmade pond or lake located outside of a natural drainage way, meaning the pond or lake is not fed by directly nor indirectly, and has no direct nor indirect discharge to, an intermittent or perennial stream A body of concentrated flowing water in a natural low area or natural channel on the land surface.; 2) an ephemeral stream A body of concentrated flowing water in a natural low area or natural channel on the land surface.; 3) not present on the ground, except for any stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. gap of 300 feet or less; or 4) a ditch or other manmade conveyance other than a modified natural stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. unless constructed for navigation or boat access.

4. Surface water not shown on a map shall be governed by Sec. 8.5, Riparian Buffer Protection Standards, if it is determined on site to be: 1) a lake, pond, or impoundment located in a natural drainage way, meaning the lake, pond, or impoundment is fed by and discharges to an intermittent or perennial stream perennial Except under Sec. 8.5, Riparian Buffer Protection Standards, a watercourse that collects surface runoff and is shown as a solid blue line on the most recent USGS 7½-minute quadrangle topographic maps, is shown as a perennial stream on maps in the most recent US Department of Agriculture (USDA) Soil Survey, or is shown as a perennial stream on the Natural Resource Conservation Service (NRCS) maps.ennial stream A body of concentrated flowing water in a natural low area or natural channel on the land surface., including any gap of 300 feet or less; 3) an intermittent stream A body of concentrated flowing water in a natural low area or natural channel on the land surface., including any gap of 300 feet or less; or 4) a modified natural stream A body of concentrated flowing water in a natural low area or natural channel on the land surface., including any gap of 300 feet or less.

Commentary:  A lake, pond, or impoundment of a jurisdictional water does not lose its jurisdictional status if it contributes surface water flow to a downstream jurisdictional water in a typical year through a channelized non-jurisdictional surface water feature, through a culvert, dike, spillway, or similar artificial feature, or through a debris pile, boulder field, or similar natural feature.

5. Despite the provisions of Section 2.4, Board of Adjustment, any dispute shall be referred to the Division Director c/o the 401 Oversight Express Permitting Unit, or its successor, in writing. The Director’s determination is subject to review as provided in Articles 3 and 4 of G.S. 150B.

A. General

This section shall not apply to the portion of a riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. occupied by the footprint of a legal existing and ongoing use. An existing and ongoing use is a use that was present within the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. as of July 22, 1997 within the Neuse River Basin, or as the effective date of this section outside of the Neuse River Basin, and has continued to exist since that time. Such uses may include but are not limited to agriculture, buildings, industrial facilities, commercial areas, transportation facilities, maintained lawns, utility lines and on-site sanitary sewage systems. A use that converts from an existing and ongoing use to another use shall no longer be exempt. Conversion includes but is not limited to changing an agricultural operation to non-agricultural use, failing to maintain a lawn, or failing to meet the criteria specified below for activities allowed.

B. Exemption Maintained

The following activities do not convert an existing and ongoing use to another use:

1. Activities necessary to maintain a use provided that no impervious surface A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. is added to the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. where it did not exist as of the applicable date, existing diffuse flow is maintained, and either 1) outside of the Neuse River Basin, the site remains similarly vegetated, or 2) within the Neuse River Basin, no additional vegetation is removed except that grazed or trampled by 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.;

2. Grading A land disturbing activity that modifies the contours of the land. and revegetating of the outer 20 feet of a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. that is not located in a watershed All of the land area draining to a particular point on a water course or to a water body. protection overlay, provided that the health of the vegetation in the inner 30 feet of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is not compromised, the ground is stabilized and existing diffuse flow is maintained; or

3. Outside of the Neuse River Basin, change of ownership through purchase or inheritance.

C. Outside the Neuse River Basin

Outside of the Neuse River Basin, a project that meets at least one of the following criteria is also existing and ongoing:

1. The project requires a 401 Certification and 404 Permit and they were issued prior to the effective date of this section;

2. The project requires a state permit (e.g., landfill, National Pollutant Discharge Elimination System (NPDES) wastewater discharge, land application of residuals, road See “Street, Public” and “Street, Private.” construction activity), has started construction or is under contract to start construction, and received all required state permits and certifications prior to the effective date of this section;

3. The project is reviewed through the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process or its immediate successor and reached agreement with the NC Department of Environmental Quality on avoidance and minimization prior to the effective date of this section; or

4. The project can avoid review under the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process or its immediate successor due to a Finding of No Significant Impact and received written approval from the City or County as appropriate prior to the effective date of this section.

D. Development of Existing Single-Family Lots within the Neuse River Basin under Certain Conditions

1. Applicability

Where application of the Neuse River Basin riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements would preclude construction of a 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 and necessary infrastructure, such as an on-site wastewater system, the 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 may encroach 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. into the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. if all of the following criteria are met.

a. The lot was platted A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. and recorded prior to August 1, 2000.

b. The lot area The total area within the lot lines of a platted lot. is two acres or less.

c. The lot is adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the buffered surface waters.

d. The lot is not within a watershed All of the land area draining to a particular point on a water course or to a water body. protection overlay, or the lot is within a watershed All of the land area draining to a particular point on a water course or to a water body. protection overlay but was recorded prior to the effective date of the applicable watershed All of the land area draining to a particular point on a water course or to a water body. protection overlay.

2. If documentation demonstrates the lot meets all of the above criteria, then a 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 can encroach 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. into the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. with the following conditions:

a. The residence is set back the maximum feasible distance from the top of the bank, rooted herbaceous vegetation, normal high-water level, or normal water level, whichever is applicable, on the existing lot and designed to minimize 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. into the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.;

b. The residence is set back a minimum of 30 feet landward of the top of the bank, rooted herbaceous vegetation, normal high-water level, or normal water level, whichever is applicable;

c. Stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. generated by new impervious surface A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. within the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is treated, and diffuse flow of stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. is maintained through the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.; and

d. If the residence will be served by an on-site wastewater system, no part of the septic tank or drain field shall encroach 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. into the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

3. Prior to the issuance of a building permit A permit issued by the Inspections Department in conformance with the State Building Code., a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. authorization is required for any encroachments 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. into the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

Piping of streams A body of concentrated flowing water in a natural low area or natural channel on the land surface. is prohibited except where necessary to accomplish a use that is authorized under paragraph 8.5.10, Uses, and approved as required.

Commentary:  Approved piping is a use within an existing buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. and the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. remains in effect. There is no gap in the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., so buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements apply along the piped portion of the stream A body of concentrated flowing water in a natural low area or natural channel on the land surface..

A. As stated in paragraph 8.5.2, Applicability, compliance with this entire section is required even where State standards are less stringent. Within the Neuse River Basin, final review by the City or County shall occur after any State action is completed.

B. No new clearing, grading A land disturbing activity that modifies the contours of the land., or 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 take place nor shall any new 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 be issued in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of this section. Parties subject to this section shall abide by all state rules and laws regarding waters of the state including but not limited to 15A NCAC 2B .0230 and .0231, 15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the Federal Water Pollution Control Act.

C. Buildings and other features that require grading A land disturbing activity that modifies the contours of the land. and construction shall be set back at least ten feet from the edge of the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.. When an 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. into a riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is permitted either by right, through required authorization, or from approval of 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., grading A land disturbing activity that modifies the contours of the land. and construction necessary for that 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. shall be allowed within the set back.

D. Any use authorized by this section shall be designed, constructed and maintained to minimize the amount of intrusion into the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. and to minimize clearing, grading A land disturbing activity that modifies the contours of the land., erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof., water quality degradation, and damage to vegetation.

E. Where any use involves temporary land clearing, revegetation shall occur pursuant to an approved vegetation plan. Such plan shall include trees as specified under paragraph 9.2.3B.6, Mixing of Tree Species, and the Durham Landscape Manual, planted at a density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. sufficient to provide 320 trees per acre at maturity with at least 50% of those trees having the potential of attaining a two and a half inch or greater dbh within seven years. All selected species must be native to the North Carolina Piedmont region.

F. Use Category Requirements

1. Exempt

An exempt use may occur without authorization provided it adheres to the limitations contained in the Table of Uses below. In addition, an exempt use shall be designed, constructed, maintained and monitored to minimize soil disturbance and maximize water quality protection.

2. Allowable

An allowable use requires written authorization from the North Carolina Division of Water Resources, City, or County as appropriate and may occur following a finding of “no practical alternatives” and issuance of an Authorization Certificate pursuant to paragraph 8.5.10, No Practical Alternatives/Authorization Certificate.

3. Allowable with Mitigation

An allowable with mitigation use requires written authorization from the North Carolina Division of Water Resources, City, or County as appropriate and may occur following a finding of “no practical alternatives” and issuance of an Authorization Certificate pursuant to paragraph 8.5.10, No Practical Alternatives/Authorization Certificate, and approval of a mitigation strategy pursuant to paragraph 8.5.11, Mitigation.

G. Table of Uses

The following table sets out potential new uses within the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., or outside of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. with impacts upon the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., and categorizes them as exempt, allowable, or allowable with mitigation. The requirements for each category are contained in paragraph F, Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Category Requirements, above. All uses not categorized as exempt, allowable, or allowable with mitigation are prohibited and may not occur within the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. or outside of the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. with impacts on the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. unless 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 obtained pursuant to paragraph 8.5.12, Variances. Uses include construction, monitoring, and maintenance activities.

A. A 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 wishes to undertake a use designated as allowable or allowable with mitigation shall first submit a request for a “no practical alternatives” determination. Within the Neuse River Basin, the request shall be submitted to the North Carolina Division of Water Resources (Division). Outside of the Neuse River Basin, the request shall be submitted to the City or County as appropriate. In the request, the applicant shall certify that the project meets all of the following criteria:

1. The basic project purpose cannot be practically accomplished to better minimize disturbance, preserve aquatic life and habitat, and protect water quality;

2. The use cannot practically be reduced in size or density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance., reconfigured or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality; and

3. Best management practices shall be used if necessary to minimize disturbance, preserve aquatic life and habitat, and protect water quality.

B. The applicant shall also submit at least the following information:

1. The name, address and phone number of the applicant;

2. The nature of the activity to be conducted by the applicant;

3. The location of the activity, including the jurisdiction;

4. A map of sufficient detail to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimensions of the riparian buffers, and the location and dimensions of any disturbance in riparian buffers associated with the activity;

5. An explanation of why the activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., preserve aquatic life and habitat and protect water quality; and

6. Best management practices proposed to control the impacts associated with the activity.

C. Within 60 days of a complete submission, the appropriate jurisdiction (the Division acting pursuant to 15 NCAC 02B .0233 (8)) shall review the entire project and make a finding of fact as to whether the criteria in paragraph 1 above have been met. If they have, “no practical alternatives” has been established and the jurisdiction shall issue an Authorization Certificate. Failure to act within 60 days shall be construed as a finding of “no practical alternatives” and an Authorization Certificate shall be issued to the applicant. Outside of the Neuse River Basin, however, such 60-day deadline may be extended if one of the following occurs:

1. The applicant agrees, in writing, to a longer period;

2. The jurisdiction determines that the applicant requires an additional reasonable period of time in which to furnish requested information the jurisdiction deems necessary to its decision; or

3. The final decision is to be made pursuant to a public hearing.

D. The appropriate jurisdiction may attach conditions to an Authorization Certificate that support the purpose, spirit and intent of the state riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. protection program and/or this section.

E. Outside of the Neuse River Basin, the Authorization Certificate shall be denied if the applicant refuses access to its records or premises for the purposes of gathering information the appropriate jurisdiction deems necessary to its decision or if the jurisdiction determines that the applicant has failed to furnish requested information the jurisdiction deems necessary to its decision within the 60-day period or an additional period as authorized under paragraph C.2 above.

F. Despite the provisions of Section 2.4, Board of Adjustment, appeals Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from Authorization Certificate determinations shall be to the Division Director, c/o the 401 Oversight Express Permitting Unit, or its successor, in writing. The Director’s decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.

Mitigation is required where: 1) a 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. wishes to undertake a use designated as allowable with mitigation and has obtained a “no practical alternatives” determination; and 2) a 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. is required to perform mitigation as a condition of 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. approval under this section. Within the Neuse River Basin, the proposal shall be submitted to the North Carolina Division of Water Resources (Division), which shall proceed pursuant to 15A NCAC 02B .0242. Outside of the Neuse River Basin, the proposal shall be submitted to the City or County as appropriate, which shall proceed pursuant to this section as authorized under 15A NCAC 02B .0268.

The appropriate jurisdiction (the Division acting pursuant to 15 NCAC 02B .0242) shall issue a mitigation approval upon determining that a proposal meets the requirements of this section. Within the Neuse River Basin, the approval shall specify the required area and location of mitigation. Outside of the Neuse River Basin, the approval shall identify at a minimum the option chosen, the required and proposed areas, and the mitigation location or offset payment amount as applicable. As stated in paragraph 8.5.2, Applicability, compliance with this entire section is required even where State standards are less stringent. Within the Neuse River Basin, final review by the City or County shall occur after any State action is completed.

A. Mitigation Options

The mitigation requirement may be met through one of the following options:

1. Participation in a private compensatory mitigation bank in the same hydrologic area, as defined in NCGS 143.214(11), as the proposed impact that is approved by the NC Department of Environmental Quality;

2. Payment of a compensatory mitigation fee to the Riparian Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Restoration Fund pursuant to 15A NCAC 02B .0269 contingent upon acceptance of payments by the Division of Mitigation Services. This option is available to a nongovernment applicant only if option 1 is not available;

3. Donation of real property or of an interest in real property pursuant to paragraph D, Donation of Real Property, below to satisfy a compensatory mitigation fee in whole or in part;

4. Restoration or enhancement of a non-forested riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. pursuant to paragraph E, Riparian Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Restoration or Enhancement, below; or

5. Construction of an alternative measure that reduces nutrient loading as well as or better than the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. that is lost in the same river basin as the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. that is lost and that is approved by the Division.

B. Mitigation Area

The appropriate jurisdiction shall determine the required area of mitigation as follows:

1. Add the following areas to determine the impacts in square feet to each portion of the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.:

a. The area of the footprint of the use causing the impact to the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.;

b. The area of the boundary of any clearing and grading A land disturbing activity that modifies the contours of the land. activities within the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. necessary to accommodate the use; and

c. The area of any ongoing maintenance corridors within the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. associated with the use; and

2. Apply the following multipliers to the impacts determined in paragraph 1 to each portion of the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.:

a. Impacts to the inner 30 feet of the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be multiplied by three;

b. Impacts to the outer 20 feet of the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be multiplied by one and one-half; and

c. Impacts to 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. within those two portions of the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. that are subject to mitigation under 15A NCAC 2H .0506 shall comply with the mitigation ratios in 15A NCAC 2H .0506.

C. Mitigation Location

1. Within the Falls Reservoir Watershed All of the land area draining to a particular point on a water course or to a water body., mitigation shall be located within the Upper Falls Watershed All of the land area draining to a particular point on a water course or to a water body., as defined in 15A NCAC 2B.0275 and .0276, and the same distance from, or closer to, the Upper Falls Reservoir, as defined in 15A NCAC 2B.0275 and .0276, as the proposed impact, and as close to the location of the impact as feasible. Alternatively, mitigation may be located anywhere within the Upper Falls Watershed All of the land area draining to a particular point on a water course or to a water body. provided that the mitigation proposal accounts for differences in delivery of nutrients to the Upper Falls Watershed All of the land area draining to a particular point on a water course or to a water body. resulting from differences between the locations of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. impact and mitigation.

2. Within the Jordan Reservoir Watershed All of the land area draining to a particular point on a water course or to a water body., mitigation shall be located within the same subwatershed, as defined in 15A NCAC 02B.0262, and the same distance from, or closer to, the reservoir as the proposed impact, and as close to the location of the impact as feasible. Alternatively, the applicant may propose mitigation anywhere within the same subwatershed, as defined in 15A NCAC 02B.0262, provided that the mitigation proposal accounts for differences in delivery of nutrients to the affected arm of the reservoir resulting from differences between the locations of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. impact and mitigation.

3. In any location, mitigation of riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. loss in the watershed All of the land area draining to a particular point on a water course or to a water body. of a drinking water supply shall be performed in the watershed All of the land area draining to a particular point on a water course or to a water body. of that drinking water supply and as may be further limited by the North Carolina Environmental Management Commission.

Additional location requirements for the property donation option are enumerated in paragraph D, Donation of Property, below.

D. Donation of Property

1. Donation of real property interests that meet the requirements listed below may partially or fully satisfy payment of a compensatory mitigation fee to the Riparian Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Restoration Fund, calculated pursuant to 15A NCAC 02B .0269. The value of the property interest shall be determined by an appraisal performed in accordance with paragraph 4 below. The donation shall satisfy the mitigation requirement if the appraised value of the donated property interest is equal to or greater than the required fee. If the appraised value of the donated property interest is less than the required fee, the applicant shall pay the balance.

2. A conservation 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 accepted only if it is granted in perpetuity.

3. Any property interest shall be accepted only if it meets all of the following requirements:

a. In addition to the location requirements of paragraph C, Mitigation Location, above, the property shall be located within an area that is identified as a priority for restoration in, or is otherwise consistent with the goals of, the Division’s Basinwide 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. and Riparian Restoration Plan (within the Neuse River Basin) or its Basinwide 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. and Riparian Restoration Plan for the Cape Fear River Basin (outside of the Neuse River Basin), both 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. pursuant to NCGS 143-214.10;

b. The property shall contain riparian buffers not currently protected by the State’s riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. protection program that are in need of restoration as defined in paragraph E.4 below;

c. The restorable riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. on the property shall have a minimum length of 1000 linear feet along a surface water and a minimum width of 50 feet measured horizontally on a line perpendicular to the surface water;

d. The size of the restorable riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. on the property shall equal or exceed the area of mitigation responsibility determined under paragraph B above;

e. Outside of the Neuse River Basin, restoration shall not require removal of man-made structures or infrastructure. Within the Neuse River Basin, the property shall not require excessive measures for successful restoration, such as removal of structures or infrastructure, and restoration of the property shall be fully capable of offsetting the adverse impacts of the requested use;

f. The property shall be suitable to be successfully restored, based on existing hydrology, soils, and vegetation;

g. The estimated cost of restoring and maintaining the property shall not exceed the value of the property minus site identification and transaction costs;

h. The property shall not contain any 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., 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., object, site, or district that is listed in the National Register of Historic Places established pursuant to Public Law 89-665, 16 U.S.C. 470 as amended;

i. The property shall not contain any hazardous substance or solid waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations.;

j. The property shall not contain structures or materials that present health or safety problems to the general public. If wells, septic, water or sewer connections exist, they shall be filled, remediated or closed at the expense of the applicant or donor in accordance with state and local health and safety regulations;

k. The property and adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties shall not have prior, current, or known future land use that would inhibit the function of the restoration effort; and

l. The property shall not have any encumbrances or conditions on the transfer of the property interests.

4. At the expense of the applicant or donor, the following information shall be submitted to the appropriate jurisdiction with any proposal for donation or dedication The transfer without payment of ownership or other interest in real property from a private entity to a public agency. of interest in real property:

a. Documentation that the property meets the requirements laid out in paragraph E.3 below;

b. US Geological Survey 1:24,000 (7.5 minute) scale topographic map, county tax map, USDA Natural Resource Conservation Service County Soil Survey Map, and county road See “Street, Public” and “Street, Private.” map showing the location of the property along with information on existing site conditions, vegetation types, and existing structures and easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes.;

c. A current property survey performed in accordance with the procedures of the North Carolina Department of Administration, State Property 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. as identified by the State Board of Registration for Professional Engineers and Land Surveyors in "Standards of Practice for Land Surveying in North Carolina";

d. A current appraisal of the value of the property performed in accordance with the procedures of the North Carolina Department of Administration, State Property 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. as identified by the Appraisal Board in the "Uniform Standards of Professional North Carolina Appraisal Practice"; and

e. A title certificate.

E. Riparian Buffer Restoration or Enhancement

Mitigation through riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. restoration or enhancement shall meet the following requirements:

1. The applicant may restore or enhance a non-forested riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. if either of the following applies:

a. The area of riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. restoration is equal to the required area of mitigation determined pursuant to paragraph B, Mitigation Area, above; or

b. The area of riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. enhancement is three times larger than the required area of mitigation determined pursuant to paragraph B, Mitigation Area, above;

2. The location of the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. restoration or enhancement shall comply with the requirements of paragraph C, Mitigation Location, above;

3. The riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. restoration or enhancement site shall have a minimum width of 50 feet measured horizontally on a line perpendicular to a vertical line marking the top of the bank for a stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. or the normal water level for a pond, lake, or reservoir;

4. Outside of the Neuse River Basin, enhancement and restoration shall each have the objective of establishing a forested riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.. Enhancement shall be distinguished from restoration based on existing buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. conditions. Where existing trees are sparse, meaning greater than or equal to 100 trees per acre but less than 200 trees per acre, a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be enhanced. Where existing woody vegetation is absent, meaning less than 100 trees per acre, a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be restored;

5. The applicant shall first receive an Authorization Certificate for the proposed use according to the requirements of paragraph 8.5.11, No Practical Alternatives/Authorization Certificate. The applicant shall then submit a restoration or enhancement plan to the City or County as appropriate. The restoration or enhancement plan shall contain the following:

a. A map of the proposed restoration or enhancement site;

b. A vegetation plan. The vegetation plan shall include trees as specified under paragraph 9.2.3B.6, Mixing of Tree Species, and the Durham Landscape Manual, planted at a density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. sufficient to provide 320 trees per acre at maturity with at least 50% of those trees having the potential of attaining a two and a half inch or greater dbh within seven years. All selected species must be native to the North Carolina Piedmont region;

c. A grading A land disturbing activity that modifies the contours of the land. plan. The site shall be graded A land disturbing activity that modifies the contours of the land. in a manner to ensure diffuse flow through the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.;

d. A fertilization plan; and

e. An implementation schedule;

6. Within one year after restoration or enhancement plan approval, the applicant shall present proof to the appropriate jurisdiction that the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. has been restored or enhanced. If proof is not presented within this timeframe, the applicant shall be in violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of both the State and local riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. protection programs;

7. The mitigation area shall be placed under a perpetual conservation easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. that provides for protection of the property’s nutrient removal functions;

8. The applicant shall submit annual reports for a period of five years after the restoration or enhancement showing that the trees planted have survived and that diffuse flow through the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. has been maintained. The applicant shall replace trees that do not survive and restore diffuse flow if needed during that five-year period.

A 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 wishes to undertake a prohibited use shall first submit a request for a minor or major 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. to the appropriate jurisdiction as stated below. A minor 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 required for any activity that impacts only the outer 20 feet of a riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.. A major 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 required for any activity that impacts any portion of the inner 30 feet of a riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.. Such variances 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. are separate from variances 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. authorized under Sec. 3.14, 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..

A. Within the Neuse River Basin

1. Minor Variance

Pursuant to 15 NCAC 02B .0233 (9), a minor 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. request shall be submitted to the North Carolina Division of Water Resources (Division) for review and decision. The Division may attach conditions to approval that support the purpose, spirit and intent of the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. protection program. Appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from the Division decision shall be to the 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. of Administrative Hearings.

2. Major Variance

Pursuant to 15 NCAC 02B .0233 (9)(c), a major 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. request shall be submitted to the Division for initial review. If the Division determines that the request meets the requirements of paragraph 3, 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. Requirements, below, it shall submit preliminary findings to the NC Environmental Management Commission c/o the Division of Water Resources, 401 Oversight Express Permitting Unit, or its successor. Within 90 days after receipt by the Director of a complete application, the Commission shall approve, approve with conditions or stipulations, or deny the request. Upon and in accordance with the Commission’s decision, the Division shall issue a final decision granting, granting subject to conditions or stipulations, or denying the major 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.. Appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from either the initial Division determination or the Commission decision shall be to the 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. of Administrative Hearings.

3. Variance Requirements

Pursuant to 15 NCAC 02B .0233 (9)(a), the Division shall make a finding of fact as to whether the following requirements have been met:

a. There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. protection requirements; Practical difficulties or unnecessary hardships shall be evaluated in accordance with the following:

(1) If the applicant complies with the provisions of this section, he/she can secure no reasonable return from, nor make reasonable use of, his/her property. Merely proving that the 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. would permit a greater profit from the property shall not be considered adequate justification for 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.. Moreover, the Division shall consider whether the 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 the minimum possible deviation from the terms of this section that shall make reasonable use of the property possible;

(2) The hardship results from application of this section to the property rather than from other factors such as deed restrictions or other hardship;

(3) The hardship is due to the physical nature of the applicant’s property, such as its size, shape, or topography, which is different from that of neighboring property;

(4) The applicant did not cause the hardship by knowingly or unknowingly violating The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. this section; and

(5) The hardship is unique to the applicant’s property, rather than the result of conditions that are widespread. If other properties are equally subject to the hardship created in the restriction, then granting 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. would be a special privilege denied to others, and would not promote equal justice;

b. The 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 in harmony with the general purpose and intent of this section and preserves its spirit; and

c. In granting the 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., the public safety and welfare have been assured, water quality has been protected, and substantial justice has been done.

B. Outside of the Neuse River Basin

1. Minor Variance

A minor 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. request shall be submitted to the City or County as appropriate for review and decision. The City or County may attach conditions to approval that support the purpose, spirit and intent of the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. protection program and this section. Despite the provisions of Section 2.4, Board of Adjustment, appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from the City or County decision shall be to the Division Director, c/o the 401 Oversight Express Permitting Unit, or its successor. The Director’s decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.

2. Major Variance

A major 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. request shall be submitted to the City or County as appropriate for initial review. If the City or County determines that the request meets the requirements of paragraph 3, 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. Requirements, below, it shall submit preliminary findings to the North Carolina Environmental Management Commission c/o the Division of Water Resources, 401 Oversight Express Permitting Unit, or its successor. Within 90 days after receipt by the City or County of a complete application, the Commission approves, approves with conditions and stipulations, or denies the request. Despite the provisions of Section 2.4, Board of Adjustment, appeal Request for review of a final order, interpretation or decision by any administrative official authorized to make such decision. from the initial City or County determination or the Commission decision shall be to Superior Court.

3. Variance Requirements

The City or County shall make the following three findings of fact in order to determine that the 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. requirements are met:

a. There are practical difficulties or unnecessary hardships that prevent compliance with the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. protection requirements. The following criteria must all be met in order to make such finding:

(1) If the applicant complies with the provisions of this section, he/she can secure no reasonable return from, nor make reasonable use of, his/her property. Merely proving that the 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. would permit a greater profit from the property shall not be considered adequate justification for 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.. Moreover, the 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. shall be the minimum possible deviation from the terms of this Ordinance that shall make reasonable use of the property possible;

(2) The hardship results from application of this section to the property rather than from other factors such as deed restrictions or other hardship;

(3) The hardship is due to the physical nature of the applicant’s property, such as its size, shape, or topography, such that compliance with provisions of this section would not allow reasonable use of the property;

(4) The applicant did not cause the hardship by knowingly or unknowingly violating The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. this Ordinance; and

(5) The hardship is rare or unique to the applicant’s property.

b. The requested 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 in harmony with the general purpose, spirit and intent of the state riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. protection requirements and/or this section; and

c. In granting the 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., the public safety and welfare have been assured, water quality has been protected, and substantial justice has been done.

A. A reservoir buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be maintained from the normal pool of each water supply reservoir as shown in the table below, except that the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirement of this section shall not apply to land that does not naturally drain to that reservoir. If the land around any reservoir does not naturally drain to that reservoir, the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements of Sec. 8.5, Riparian Buffer Protection Standards, shall apply.

B. Reservoir buffers shall remain in natural undisturbed vegetation, except for intrusions allowed pursuant to Sec. 8.5, Riparian Buffer Protection Standards.

A. At the request of a property owner Any person having charge of any real property according to the records held by the Register of Deeds., the governing body may reduce the reservoir buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements through the issuance of a Major Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permit, pursuant to Sec. 3.9, Special Use Permit, whenever it determines that:

1. The reservoir buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. would result in exceptional hardship, depriving the property owner Any person having charge of any real property according to the records held by the Register of Deeds. of all reasonable use of the property.

2. The proposed intrusion into the reservoir buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is the minimum amount necessary to relieve that exceptional hardship.

The maximum reduction permitted is to the riparian buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width required under Sec. 8.5, Riparian Buffer Protection Standards.

B. In making its determination, the governing body shall consider topography, erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. potential, and the size of the parcel See “Lot of record.”, in addition to the review factors specified in paragraph 3.9.8, Criteria for Approval or Major and Minor Special Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Permits.

The watershed All of the land area draining to a particular point on a water course or to a water body. protection overlay standards of this section shall apply to the Watershed All of the land area draining to a particular point on a water course or to a water body. Protection Overlay as set forth in Sec. 4.11, Watershed All of the land area draining to a particular point on a water course or to a water body. Protection Overlay.

A. Minimum Lot Size

1. In all Watershed All of the land area draining to a particular point on a water course or to a water body. Protection Overlays, except F/J-B and E-B, the minimum lot sizes indicated in the following table shall be applied in all new 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. unless 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. uses the cluster provision in accordance with Sec. 6.7, Cluster Subdivision, or the 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. provisions of paragraph 6.2.4, Conservation Subdivision.

Minimum Lot Size

2. In the F/J-B and E-B overlays, developers 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 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. shall comply with the requirements of the underlying zoning district.

B. Impervious Surface Limits

1. Any 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 Watershed All of the land area draining to a particular point on a water course or to a water body. Protection Overlay shall be subject to limits on the amount of impervious surfaces A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. permitted in accordance with the following table. 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., 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. shall clearly identify the amount of existing and proposed impervious surfaces A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended..

2. The impervious surface A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. limit provisions of this section can be exceeded through an impervious surface A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. credit transfer. Credit for the impervious surfaces A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. allowed on one or more parcels See “Lot of record.” (“donor parcels See “Lot of record.””) can be transferred to non-contiguous parcels See “Lot of record.” (“receiving parcels See “Lot of record.””), such that the amount of impervious surface A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. available for 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. project would be the total of what is normally allowed on the receiving parcel See “Lot of record.” plus what is transferred from the donor parcel See “Lot of record.”(s). Impervious surface A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. credit transfer is subject to the following provisions:

a. The donor parcel See “Lot of record.” and receiving parcel See “Lot of record.” shall be located within the same water supply watershed All of the land area draining to a particular point on a water course or to a water body..

b. The impervious surface A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. credit transfer shall not be from a donor parcel See “Lot of record.” in Area B to a receiving parcel See “Lot of record.” in Area A, or from a donor parcel See “Lot of record.” in an F/J-A area with a nine percent limit to a receiving parcel See “Lot of record.” in an F/J-A area with a six percent limit.

c. The portion of the donor parcel See “Lot of record.” which is restricted 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. as part of the impervious surface A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. credit transfer shall remain in a vegetated or natural state or used for crop Cultivated plants or agricultural produce, such as but not limited to grain, vegetables, or fruit. production or pasture provided that best management practices (BMPs) as 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. by the Soil and Water Conservation District are utilized. The portion of the donor site restricted 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. shall be protected from all 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. through use of a permanent conservation easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. in favor of either:

(1) Durham County or the City of Durham; or

(2) A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. (the organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for retransfer to the County or City, as appropriate, in the event the organization becomes unable to carry out its functions). If the entity accepting 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. is not the County or City, then a third right of enforcement favoring the County or City, as appropriate, shall be included in 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. The impervious surface A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. credit transfer shall be reviewed and approved through use of the final plat The final map of all or a portion of a subdivision which is presented for final approval. process pursuant to Sec. 3.6, Subdivision Review, or the site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. process pursuant to Sec. 3.7, Site Plan Review, as applicable.

e. The donor parcel See “Lot of record.” shall be deemed appropriate for acceptance by the County or City, as appropriate, under the Durham County Review Criteria for Acceptance of 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. for Impervious Surface A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. Transfer.

C. Stormwater Control Requirements

Where 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. proposes intensity greater than the maximum authorized by the Low Density Option One of two approaches available for development in Watershed Protection Overlays that relies on non-structural means, specifically lower intensity limits, to minimize the risk of water pollution., engineered stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. controls shall be used to control stormwater runoff The direct runoff of water resulting from precipitation in any form. from the first inch of rainfall in order to meet water quality concerns.

D. Ownership, Design, and Maintenance of Engineered Stormwater Controls

1. Unless otherwise approved, ownership of the engineered stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. controls shall remain with the property owner Any person having charge of any real property according to the records held by the Register of Deeds. or a property owner Any person having charge of any real property according to the records held by the Register of Deeds.'s association, which shall be responsible for the continued care and maintenance of such controls.

2. Engineered stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. controls shall be designed and constructed in accordance with standards and specifications established by the City Public Works Director or County Engineer, or their designees, as appropriate.

3. Except as allowed in paragraph c below, no building permit A permit issued by the Inspections Department in conformance with the State Building Code. shall be issued for a site proposed 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., until:

a. The City Public Works Director or County Engineer, or their designees, as appropriate, has approved plans and specifications for the proposed engineered stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. controls and the property owner Any person having charge of any real property according to the records held by the Register of Deeds. has entered into an Agreement and Covenants or Operation and Maintenance Agreement with the City or County, as appropriate, in accordance with the terms established by either the City Public Works Director or County Engineer, or their designees, as appropriate; and

b. The property owner Any person having charge of any real property according to the records held by the Register of Deeds. has posted a performance bond, other surety instrument, or other payment satisfactory to the City or County, as appropriate, in an amount determined by the City Public Works Director or County Engineer, or their designees, as appropriate to assure construction, maintenance, repair, and/or reconstruction necessary for adequate performance of the engineered stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. controls.

c. For 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., institutional, commercial, industrial, and 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. projects, 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 may be issued; but construction drawing approval, or water or sewer permit approval, shall be withheld until compliance with paragraphs a and b above.

d. The Agreement and Covenants or Operation and Maintenance Agreement required under paragraph a, above, may be required prior to 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. approval.

4. No 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. shall be issued for any 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. constructed within a site proposed 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., other than as allowed below, until the City Public Works Director or County Engineer, or their designees, as appropriate, has approved construction of the engineered stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. controls and after review and approval of submitted “as-built” drawings. Notwithstanding this requirement, the Stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. Division of the City may allow for delay in approval of construction of stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. controls and submission and approval of as-built drawings for single family One or more individuals residing in a dwelling unit, living as a single housekeeping unit, and complying with the following rules: A.  Any number of individuals related by blood, marriage, or adoption may occupy a dwelling unit; B. Where some or all of the occupants are unrelated by blood, marriage, or adoption, the total number of occupants that are unrelated, shall not exceed six. In applying this provision, children who are under the age of 23 and who are children of the owner or a person renting an entire dwelling unit from the owner shall be counted as a single occupant. In addition, in all cases, the limitation set out in subsection C. below shall apply. C. Where a reasonable accommodation has been approved. D. The presence of household employees or children in foster care shall not disqualify any premises otherwise satisfying the above rules. housing, duplexes, 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., and detached rowhouses) and other 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. requiring multiple certificates of occupancy in accordance with adopted policies of the City.

E. Riparian Buffers

Riparian buffers are required in accordance with Sec. 8.5, Riparian Buffer Protection Standards.

F. Wastewater Treatment and Facilities

1. Wastewater Treatment

Wastewater treatment facilities shall be allowed if approved by the State of North Carolina. Individual on-site ground absorption systems shall be permitted, subject the State of North Carolina, as applicable.

2. Sanitary Sewer Services

a. Except in the Rural Tier, public and private sanitary sewer lines, force mains, and pump stations shall be permitted within all Watershed All of the land area draining to a particular point on a water course or to a water body. Protection Overlays. Public and private pump stations shall be equipped with the following safety features:

(1) Battery-backed alarm systems activated by pump failure or power outage, connected by an automatic dialer to a 24-hour maintenance service approved by the City Public Works Director or County Engineer, or their designees, as appropriate.

(2) Provision for connection of a portable generator. The City Public Works Director or County Engineer, or their designees, as appropriate, may require the pump station to be equipped with on-site, stand-by power.

b. Within the Rural Tier, new public or private sanitary sewer lines or outfalls, including necessary force mains and pump stations, may be permitted within the Watershed All of the land area draining to a particular point on a water course or to a water body. Protection Overlays subject to City Council or Board of Commissioners approval, as appropriate:

(1) 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; or

(2) If associated with a wastewater treatment facility permitted pursuant to paragraph 1, Wastewater Treatment, above.

c. In considering such extensions, all reasonable alternatives shall be considered prior to a decision to extend the sewer services. All service connections, installed in accordance with the North Carolina Plumbing Code, shall be permitted only in accordance with Article III, Water and Sewer Main Extensions, of Chapter 70, Utilities, of the Durham City Code.

G. Hazardous and Nuclear Materials

1. Prior to site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval, an Emergency Contingency Plan shall be prepared and submitted through the Planning Department to the Durham County Fire Marshall and the Water Management Director for review and approval. The Emergency Contingency Plan shall be prepared in accordance with the requirements in the Superfund Amendments and Reauthorization Act (SARA), Title III and shall be updated annually. In addition, the Emergency Contingency Plan shall include:

a. A site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. showing buildings and the locations of points of storage, transfer and use of nuclear and hazardous materials Materials, or mixtures containing those materials, which pose a physical, environmental or health hazard by virtue of their carcinogenic, corrosive, highly toxic, irritant, sensitizing or toxic properties as defined in 29 CFR 1910.1200. Included in this definition are materials included in EPA's most recent Priority Pollutants List and substances which are regulated, or caused to be regulated, under provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Hazardous materials shall include hazardous wastes, which are the byproducts resulting from the use of hazardous materials, materials which have been used to clean up spills of hazardous materials, and hazardous materials which have reached their shelf-life or have been used or contaminated. Also included in this definition are hazardous wastes regulated, or caused to be regulated by the Resource Conservation and Recovery Act (40 CFR 261, Subpart C and Subpart B);

b. A list of nuclear and hazardous materials Materials, or mixtures containing those materials, which pose a physical, environmental or health hazard by virtue of their carcinogenic, corrosive, highly toxic, irritant, sensitizing or toxic properties as defined in 29 CFR 1910.1200. Included in this definition are materials included in EPA's most recent Priority Pollutants List and substances which are regulated, or caused to be regulated, under provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Hazardous materials shall include hazardous wastes, which are the byproducts resulting from the use of hazardous materials, materials which have been used to clean up spills of hazardous materials, and hazardous materials which have reached their shelf-life or have been used or contaminated. Also included in this definition are hazardous wastes regulated, or caused to be regulated by the Resource Conservation and Recovery Act (40 CFR 261, Subpart C and Subpart B) kept on-site in any quantities;

c. The location of spill control valves on any bridges and causeways; and

d. 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. responsible for on-site spill control and containment, and the appropriate means of contacting that 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. on a 24-hour basis.

2. Any container or tank used to store hazardous materials Materials, or mixtures containing those materials, which pose a physical, environmental or health hazard by virtue of their carcinogenic, corrosive, highly toxic, irritant, sensitizing or toxic properties as defined in 29 CFR 1910.1200. Included in this definition are materials included in EPA's most recent Priority Pollutants List and substances which are regulated, or caused to be regulated, under provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Hazardous materials shall include hazardous wastes, which are the byproducts resulting from the use of hazardous materials, materials which have been used to clean up spills of hazardous materials, and hazardous materials which have reached their shelf-life or have been used or contaminated. Also included in this definition are hazardous wastes regulated, or caused to be regulated by the Resource Conservation and Recovery Act (40 CFR 261, Subpart C and Subpart B) shall be equipped with leak detection devices and shall be double-walled or have other secondary containment features.

3. Points of storage, transfer and use of substantial quantities An amount of hazardous materials equal to or exceeding the Threshold Planning Quantities listed in the provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Where no Threshold Planning Quantities have been identified for a particular material, the amount considered to be a substantial quantity shall be determined by the Director of Emergency Management or the Durham County Fire Marshall. of hazardous materials Materials, or mixtures containing those materials, which pose a physical, environmental or health hazard by virtue of their carcinogenic, corrosive, highly toxic, irritant, sensitizing or toxic properties as defined in 29 CFR 1910.1200. Included in this definition are materials included in EPA's most recent Priority Pollutants List and substances which are regulated, or caused to be regulated, under provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Hazardous materials shall include hazardous wastes, which are the byproducts resulting from the use of hazardous materials, materials which have been used to clean up spills of hazardous materials, and hazardous materials which have reached their shelf-life or have been used or contaminated. Also included in this definition are hazardous wastes regulated, or caused to be regulated by the Resource Conservation and Recovery Act (40 CFR 261, Subpart C and Subpart B) shall be protected by a dike or comparable containment 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., constructed of a material resistant to hazardous material Materials, or mixtures containing those materials, which pose a physical, environmental or health hazard by virtue of their carcinogenic, corrosive, highly toxic, irritant, sensitizing or toxic properties as defined in 29 CFR 1910.1200. Included in this definition are materials included in EPA's most recent Priority Pollutants List and substances which are regulated, or caused to be regulated, under provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Hazardous materials shall include hazardous wastes, which are the byproducts resulting from the use of hazardous materials, materials which have been used to clean up spills of hazardous materials, and hazardous materials which have reached their shelf-life or have been used or contaminated. Also included in this definition are hazardous wastes regulated, or caused to be regulated by the Resource Conservation and Recovery Act (40 CFR 261, Subpart C and Subpart B) the dike 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. is designed to contain. The dike 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. shall be sized to handle at least the maximum amount of material to be stored or used and shall be constructed and installed in a manner to exclude rainwater and stormwater runoff The direct runoff of water resulting from precipitation in any form..

4. All floor drains that could collect hazardous materials Materials, or mixtures containing those materials, which pose a physical, environmental or health hazard by virtue of their carcinogenic, corrosive, highly toxic, irritant, sensitizing or toxic properties as defined in 29 CFR 1910.1200. Included in this definition are materials included in EPA's most recent Priority Pollutants List and substances which are regulated, or caused to be regulated, under provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Hazardous materials shall include hazardous wastes, which are the byproducts resulting from the use of hazardous materials, materials which have been used to clean up spills of hazardous materials, and hazardous materials which have reached their shelf-life or have been used or contaminated. Also included in this definition are hazardous wastes regulated, or caused to be regulated by the Resource Conservation and Recovery Act (40 CFR 261, Subpart C and Subpart B) shall be connected to a corrosion resistant tank or catch basin sized to handle the maximum amount of hazardous material Materials, or mixtures containing those materials, which pose a physical, environmental or health hazard by virtue of their carcinogenic, corrosive, highly toxic, irritant, sensitizing or toxic properties as defined in 29 CFR 1910.1200. Included in this definition are materials included in EPA's most recent Priority Pollutants List and substances which are regulated, or caused to be regulated, under provisions of the Resource Conservation and Recovery Act (RCRA); the Comprehensive Emergency Response, Compensation and Liability Act (CERCLA); the Superfund Amendments and Reauthorization Act (SARA); or any subsequent amendments of these Acts. Hazardous materials shall include hazardous wastes, which are the byproducts resulting from the use of hazardous materials, materials which have been used to clean up spills of hazardous materials, and hazardous materials which have reached their shelf-life or have been used or contaminated. Also included in this definition are hazardous wastes regulated, or caused to be regulated by the Resource Conservation and Recovery Act (40 CFR 261, Subpart C and Subpart B) to be stored or used. These floor drains shall not be open to the site's natural drainage system and discharges to the site's storm drainage system or to adjacent Property abutting directly on the boundary of, touching, or sharing a common point. surface waters shall be prohibited.

5. Points of storage, transfer and use of hazardous or nuclear materials Any natural or man-made material which undergoes radioactive decay, during which process it releases energy in the form of ionizing radiation; this also includes any mixture of materials which contains nuclear material. shall have roof coverage.

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. within Watershed All of the land area draining to a particular point on a water course or to a water body. Protection Overlays shall be subject to the restrictions in this section, with the following exceptions:

A. Existing Development

For the purposes of this section, 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. shall be considered to include any impervious surfaces A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. constructed before January 1, 1994. All new uses and activities and all expansions of previously-existing uses and activities shall conform to paragraph 4.11.4, Nonresidential Land Use Restrictions and paragraph 8.7.2, General Requirements.

B. Existing Single-Family Lots

New construction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, structures for which the “start of construction” commenced on or after the effective date of the original version of the community’s Flood Damage Prevention Ordinance and includes any subsequent improvements to such structures. and additions to existing residential buildings on 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. residential lots recorded prior to January 1, 1994 shall be constructed in accordance with the watershed All of the land area draining to a particular point on a water course or to a water body. protection regulations, if any, in effect at the time the lot was created. In Rural Villages An area delineated on the Future Land Use Map, within the Rural Tier, that can include residential, commercial, office, institutional, and open space/recreation land uses., as defined on the Future Land Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Map of the Durham Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services., such lots shall use the current standards or those in effect at the time the lot was created, whichever is less restrictive.

C. Stormwater Control Exemptions

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. projects not in the Rural Tier, and in F/J-B or E-B overlays involving less than one acre cumulatively, of 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. shall be exempt from the stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control requirements indicated in this Section.

Any 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. utilizing the High Density Option One of two approaches available for development in Watershed Protection Overlays. The high density option relies on impervious surface limits and engineered stormwater controls to minimize risk of water pollution. within the F/J-A overlay shall require site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval by the appropriate governing body.

Neither the City nor the County shall extend the Urban or Suburban Tier boundaries further into the M/LR-A or F/J-A overlays.

The primary purpose for the slope protection standards is to minimize grading A land disturbing activity that modifies the contours of the land., land instability and the removal of vegetation in order to:

A. Protect the quality of 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. and water courses below the slope from 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.;

B. Protect steep slope plant and animal habitat from disturbance 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.; and

C. Preserve the aesthetic quality of the natural terrain.

Notwithstanding the requirements of this section, steep slopes for purposes of 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 are defined in paragraph12.10.4B, Stabilization of Disturbed Land, and regulated under Sec. 3.8, 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, and Sec. 12.10, 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.

A. Applicability

1. Steep slope areas refer to natural grades A land disturbing activity that modifies the contours of the land. and shall not include man-made grades A land disturbing activity that modifies the contours of the land..

2. Slope is the relationship of vertical rise to horizontal run, expressed as a percentage.

a. Except in the CSD District, steep slope areas shall be defined as land areas that:

(1) Have a grade A land disturbing activity that modifies the contours of the land. of 25% or more;

(2) Have an area of 5,000 square feet or greater; and

(3) Are located within 200 feet of any floodway fringe The portion of the Special Flood Hazard Area that is outside of the Floodway. or perennial stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. or within 100 feet of an intermittent stream A body of concentrated flowing water in a natural low area or natural channel on the land surface..

b. In the CSD District, steep slope areas shall be defined as land areas that:

(1) Have a grade A land disturbing activity that modifies the contours of the land. of 15% or more;

(2) Have an area of 2,500 square feet or greater; and

(3) Are located within 200 feet of any floodway fringe The portion of the Special Flood Hazard Area that is outside of the Floodway. or perennial stream A body of concentrated flowing water in a natural low area or natural channel on the land surface. or within 100 feet of an intermittent stream A body of concentrated flowing water in a natural low area or natural channel on the land surface..

B. Slope calculations shall use the smallest contour interval for which maps are available. Steep slope areas shall be determined irrespective of tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. boundaries.

C. Steep slope areas shall be clearly indicated on all site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., 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, 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.. When a property owner Any person having charge of any real property according to the records held by the Register of Deeds. or 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. believes that the presence or location of a steep slope area is different than what is shown on the appropriate topographic map, the property owner Any person having charge of any real property according to the records held by the Register of Deeds. or 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 provide a field survey to determine the location or presence of the moderate or steep slope area for purposes of meeting the requirements of this section.

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. and 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. on steep slope areas shall be conducted only in accordance with the following requirements. Compliance with these requirements shall be determined by the approving authority.

A. The grade A land disturbing activity that modifies the contours of the land. of reconstructed slopes shall not exceed 50%.

B. Grading and Uses

1. Except in the CSD District, on any tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. proposed for construction, no more than 15% of the steep slope area on the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. shall be graded A land disturbing activity that modifies the contours of the land.. For purposes of this calculation, the land areas of individual steep slope areas on the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. shall be added together to establish the total steep slope area for the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit..

2. In the CSD District, on any tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. proposed for construction, no steep slope area shall be graded A land disturbing activity that modifies the contours of the land.. The only allowed disturbance shall be:

a. Unpaved walking paths and foot trails constructed with minimal disturbance of tree roots and existing vegetation; and

b. No tree six inches dbh or greater shall be removed for the construction of the trail.

C. Land disturbance solely for the purpose of any 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. shall be exempt from the steep slope area grading A land disturbing activity that modifies the contours of the land. limits of this section.

A. Except in Design Districts, the amount of land designated as steep slopes shall be credited for residential density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. at a rate of 15% of that allowed by the zoning, except as otherwise allowed in this Ordinance.

B. Within Design Districts, density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. credits for steep slopes shall be governed by the provisions in Article 16.

C. The portions of steep slope areas located within required riparian buffers shall be given 100% credit.

The primary purpose of 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. protection standards is to conserve and maintain natural 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. in an undisturbed vegetated state in order to provide storage of stormwater runoff The direct runoff of water resulting from precipitation in any form., minimize degradation of preserved 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. from the impacts of adjacent Property abutting directly on the boundary of, touching, or sharing a common point. 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., improve water quality and preserve plant and wildlife habitat.

The City and County acknowledge the pre-eminence of the Federal and State governments with regard to the identification and regulation of 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.. Accordingly, the standards contained within this section shall not duplicate the requirements of the US Army Corps of Engineers (the Corps) or the North Carolina Department of Environmental Quality (DEQ), Division of Water Resources (Division), but shall require the buffering of 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. areas, identified by these agencies 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., 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., preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review., final plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., and as otherwise required under Sec. 8.5, Riparian Buffer Protection Standards.

A. A 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. buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall not be required for any 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. approved for dredging or filling under a Section 404 Permit issued by the Corps or a Section 401 Water Quality Certification issued by the Division.

B. A 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. buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall not be required for 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. areas associated with man-made ponds unconnected to intermittent or perennial streams A body of concentrated flowing water in a natural low area or natural channel on the land surface. or to man-made drainage ditches.

C. A 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. buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be required for any 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. area one acre or greater in size.