Franklin City Zoning Code

NATURAL RESOURCES

AND ENVIRONMENTAL PROTECTION

§ 152.190 STATUTORY AUTHORITY AND LEGISLATIVE FINDINGS OF FACT.

The General Assembly of the State of North Carolina has delegated to local governmental the responsibility to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Pursuant thereto, the Town Council of the Town of Franklin, North Carolina, makes the following legislative findings of fact.

(A) The flood prone areas within the Town of Franklin and its extraterritorial jurisdiction are subject to periodic inundation which results in loss of life, property, health hazards, safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(B) The development activities listed herein contribute, individually and cumulatively, to the flood losses addressed above: (1) obstructions in flood plains causing increases in flood heights and velocities; (2) the occupancy in flood prone areas of uses vulnerable to floods or other hazards; (3) the loss of wetlands, streamside riparian areas, and other lands that slow, absorb, retain, and cleanse storm and flood waters; and (4) the expansion of impervious surfaces both within and outside of flood prone areas that cause increases in the velocity and rate of the discharge of storm water into bodies of water.

(C) The discharge of urban pollutants and sedimentation into bodies of water results in health and safety hazards and the impairment of environmentally and economically significant aquatic wildlife habitat, adversely affecting the public health, safety, and general welfare.

(D) Development activities cause sedimentation pollution through untreated and uncontrolled storm water from impervious areas, improper land disturbance, and the loss of wetlands, streamside riparian areas, and other lands that absorb and cleanse storm and floodwaters.

(E) The steeply sloping areas within the Town of Franklin and its extraterritorial jurisdiction are particularly susceptible to erosion and landslides, and pose particular difficulties in the construction and maintenance of public infrastructure and the provision of public services. Development activities in such areas are likely to result in the loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(Ord. passed 10-1-07; Am. Ord. passed - - )

§ 152.191 STATEMENT OF PURPOSE.

It is the purpose of this subchapter to protect and promote the public health, safety, and general welfare by preventing the loss of life and/or public and private economic loss due to landslides, floods, erosion, and sedimentation pollution. It is further the purpose of this subchapter to protect our existing environmental resources, including steep slopes, flood plains, stream corridors, wetlands, watershed and groundwater recharge areas, soils, forest stands, specimen trees, and other significant vegetation and wildlife, which are of economic value to the town and its citizens and make Franklin a desirable place to live and visit. In furtherance of this purpose, the regulations contained herein are designed to accomplish the following:

(A) Restrict or prohibit uses that are or may be dangerous to health, safety, and property or that may result in damaging increases in erosion, flood heights, or velocities;

(B) Require that uses and infrastructure vulnerable to the movement of earth or flooding be protected against such damage at the time of initial construction;

(C) Control the alteration of steep slopes, natural flood plains, stream channels, and natural protective barriers, which are involved in the accommodation of floodgates;

(D) Control filling, grading, dredging, and all other development that may increase erosion or flood damage;

(E) Require that storm waters that may damage property, increase flood hazards, or pollute surface waters be adequately controlled and treated.

(Ord. passed 10-1-07)

§ 152.192 OBJECTIVES.

The objectives of this subchatper are as follows:

(A) To protect human life and health;

(B) To minimize the expenditure of public money for costly storm water or flood control and stormwater management projects;

(C) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(D) To minimize prolonged business losses and interruptions;

(E) To minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone, cable, and sewer lines, streets, and bridges) that are located on steep slopes or in flood prone areas;

(F) To help maintain a stable tax base by providing for the sound use and development of steep slope areas, flood prone areas, and the control of storm water runoff;

(G) To minimize the impairment of, or damage to, sensitive natural areas and bodies of water; and

(H) To ensure that potential buyers are aware that property is in a special flood hazard area or area of known landslide potential.

(Ord. passed 10-1-07)

§ 152.193 STEEP SLOPE AREA REQUIREMENTS (RESERVED).

(Ord. passed 10-1-07)

§ 152.194 SEDIMENTATION AND EROSION PREVENTION.

In order to prevent soil erosion and sedimentation pollution of streams, springs, flat water bodies, drainage networks, or other surface waters, the property owner shall at all times comply with all requirements of Chapter 153: Soil Erosion and Sedimentation Control Ordinance of Macon County.

(Ord. passed 10-1-07)

§ 152.195 STORMWATER RUNOFF PROVISIONS.

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

(A) Affected property. The requirements of this Section shall apply to the following activities:

(1) Any new non-residential or mixed-use development, or any existing non-residential or mixed-use development undergoing significant improvement, or any existing nonresidential or mixed-use development undergoing an expansion of impervious surface area of 25% or more.

(2) Any new residential development or subdivision of four or more dwelling units, any existing multi-family residential structure of four or more dwelling units undergoing significant improvement, and any expansion of or additions to an existing residential structure or development that would result in four or more dwelling units within the same parcel of land or structure or grouping of joined structures.

(3) All new major subdivisions and any new phase or expansion of existing major subdivisions.

(4) All new non-residential or mixed-use minor subdivisions and any new phase or expansion of an existing non-residential or mixed-use minor subdivision.

(5) Any new development project permitted by means of a special use permit.

(6) New structures; significant improvements to existing non-residential or mixed use structures; significant improvements to existing residential structures containing four or more dwelling units; and any expansion of impervious surface area of 25% or more within any development except expansions to residential structures containing fewer than four dwelling units, unless otherwise subject to these requirements.

(7) Any project for which stormwater management is required as a condition of approval by the Land Use Administrator or the Town Council.

(B) Exempt activities. The following activities are exempt from the stormwater management provisions of this section:

(1) Bona fide agricultural structures used exclusively for agricultural purposes; and

(2) Except as provided elsewhere in this chapter, the placement of small accessory buildings or structures or small amounts of other built-upon area; provided, however, that the total additional built-upon area shall be no greater than 400 square feet and the additional built-upon area shall not be placed within a special flood hazard area or surface water protection area.

(C) Stormwater management requirements. Development activities tend to increase the volume of stormwater runoff due to the elimination of pervious surfaces through paving and the construction of buildings and other structures. Stormwater runoff impacts the public health, safety, and welfare by flooding private and public property, by discharging pollutants, such as oils and greases, into receiving water bodies, and by making public streets and roads unsafe. Therefore, applicants for development authorization shall not be entitled to a land development permit until the applicant has demonstrated compliance with this section.

(1) The developer of all affected property shall be required to install a stormwater management system designed to control the peak runoff from a ten-year, 24-hour storm in accordance with the standards contained herein.

(a) The post-development rate of runoff shall not exceed the pre-development rate of runoff.

(b) The system shall be designed to remove 85% of the Total Suspended Solids (TSS) from the first inch of rainfall of any rain event.

(2) Stormwater measures shall be designed by an appropriately qualified engineer, landscape architect or other appropriately qualified professional, and shall be constructed and maintained in accordance with commonly accepted best practices. Innovative designs that utilize “low impact” and non-structural control and treatment measures are encouraged.

(3) Stormwater measures may be located off-site provided such measures are located within a parcel of land under the same ownership as the affected property or within a common area under the management of a property owners’ association or similar entity. When stormwater measures are located off-site, deeds of both the affected property and the property containing the stormwater measure shall be provided and shall clearly reference an access easement and the right and responsibility of the owner of the affected property to access and maintain such measure.

(4) In all instances stormwater measures shall be designed to compliment a development and surrounding community and to minimize any threat to public health. If ponds or lakes are used, such areas shall be landscaped as amenities or hidden from view. This provision applies regardless whether the pond or lake typically contains water or may be dry for periods of time.

(D) Permit requirements. The Land Use Administrator shall review all stormwater plans required by this chapter to ensure compliance therewith. In making this determination, the Land Use Administrator shall use the Stormwater Best Management Practices Design Manual published by the North Carolina Department of Environment and Natural Resources or other commonly accepted information and engineering data.

(1) Stormwater management system concept plan. When required as part of any project, a written or graphic concept plan of the proposed post-development storm water management system shall be submitted along with other application materials and shall include the following: preliminary selection and location of proposed structural stormwater controls; low impact design elements; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel modifications, such as bridge or culvert crossings.

(2) As-built plans and final approval. Upon completion of a project, and before final development approval or a certificate of occupancy may be granted, the applicant shall certify that the completed project has been built in accordance with the approved stormwater management plans and designs. The applicant shall submit actual “as built” plans for all stormwater management facilities or practices after final construction is completed.

(a) The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the storm water management measures and plans shall certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this chapter.

(b) A final inspection and approval by the Land Use Administrator is necessary prior to the issuance of any certificate of occupancy, release of improvement guarantee, or other final approval.

(E) Inspections. The Land Use Administrator may, from time to time, inspect approved storm water measures for compliance with this section and approved plans. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in storm water measures; and evaluating the condition of storm water measures. No person shall obstruct, hamper, or interfere with the Land Use Administrator while carrying out his or her official duties. If the owner or occupant of any affected property refuses to allow such inspection, the Land Use Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. § 15-27.2 or its successor.

(F) Maintenance of stormwater measures. The owner of any stormwater measure installed pursuant to this section shall maintain and operate such measure to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the storm water measure was designed. Furthermore, stormwater measures installed prior to the enactment of this chapter as a requirement of the issuance of any permit shall be subject to the maintenance requirements contained herein. The owner of each stormwater measure, whether structural or non-structural in design, shall maintain it so as not to create or permit a nuisance condition.

(G) Illicit discharges. Except as provided herein, no person shall cause or allow the discharge, emission, disposal, pouring, or pumping, whether directly or indirectly, of any liquid, solid, gas, or other substance, other than stormwater, into any surface water, ground water, or stormwater conveyance. This prohibition applies to any substance deposited upon the land in manner and amount that the substance is likely to reach a stormwater conveyance, surface or ground water.

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

(a) Water line flushing, except any anti-freezing agent;

(b) Landscape irrigation;

(d) Rising ground waters;

(e) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20);

(f) Uncontaminated pumped ground water;

(g) Discharges from potable water sources;

(h) Foundation drains;

(i) Air conditioning condensation;

(j) Irrigation water;

(k) Springs;

(1) Water from crawl space pumps;

(m) Footing drains;

(n) Lawn watering;

(o) Individual residential car washing;

(p) Flows from riparian habitats and wetlands;

(q) Dechlorinated swimming pool discharges;

(r) Street wash water; and

(s) Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the State of North Carolina.

(2) Prohibited discharges include but are not limited to the following:

(a) Discharges of oil, anti-freeze, chemicals, paints, garbage, litter;

(b) Raw sewage discharges or overflows;

(c) Discharges of wash water resulting from the hosing or cleaning of gasoline stations, auto repair garages, or other types of automotive service facilities;

(d) Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility (including motor vehicles, cement-related construction equipment, port-a-potty servicing, etc.);

(e) Discharges of wash water from mobile operations such as steam cleaning, power washing, pressure washing, carpet cleaning, and mobile carwash facilities; discharges of wash water from the cleaning or hosing of impervious surfaces in industrial and commercial areas including parking lots, streets, sidewalks, driveways, patios, plazas, work yards, and outdoor eating or drinking areas;

(f) Discharges of runoff from material storage areas containing chemicals, fuels, grease, oil or hazardous materials or chemicals;

(g) Discharges of pool or fountain water containing chlorine, biocides or other chemicals, and discharges of pool or fountain filter backwash water;

(h) Discharges of water containing sediment or construction-related wastes; and

(i) Discharges of food-related wastes such as grease, oil, fish processing water, kitchen mat wash water, trash bin wash water, pouring liquids into dumpsters.

(H) Illicit connections. Other than those exceptions listed in division (B), above, it shall be unlawful to cause or permit any connection to a surface water or stormwater conveyance or stormwater conveyance system that allows the discharge of anything other than stormwater.

(1) Prohibited connections include, but are not limited to the following: floor drains, wastewater from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and wastewater from septic systems.

(2) Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one year following the effective date of this chapter. Provided, however, the one-year grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat.

(3) Upon determining that an illicit connection may result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat or that a connection was made in violation of any applicable regulation or ordinance, other than this section the Land Use Administrator shall designate the time limit within which the connection shall be removed. In setting the time limit for compliance, the Land Use Administrator shall take these matters into consideration:

(a) The quantity and complexity of the work;

(b) The consequences of delay;

(d) The cost of remedying the damage.

(I) Fee-in-lieu of stormwater compliance. On-site compliance with the requirements of this section may be impractical or impossible in certain watersheds of the town. The owner and/or developer of affected properties may, pursuant to the provisions set forth herein, opt to pay a fee-in-lieu of compliance with the stormwater management requirements of this section.

(1) Payment may be made in the form of contribution of funds, contribution of land, contribution of engineered stormwater control construction work, or a combination of these, the total value of which shall be in accordance with the stormwater fee-in-lieu schedule which shall be established by the Land Use Administrator and periodically revised to account for changes in construction and maintenance costs.

(2) Fees shall be based upon actual cost of construction of a structural storm water measure to control and treat storm water runoff from the total impervious surface area of the affected property.

(3) The Town Council shall adopt a map of watersheds within which a fee-in-lieu of stormwater compliance may be permitted.

(4) Fee-in-lieu contributions shall be set aside in a dedicated, watershed-specific special fund, and applied to stormwater management and other water quality improvement projects within the same watershed as the affected property. Purposes eligible for fee-in-lieu contributions include the following:

(a) The acquisition, design, or construction of storm water control and treatment measures.

(b) Stream bank, wetland, or other surface water protection and restoration projects that enhance stormwater management goals, reduce erosion, and enhance water quality.

(d) Other activities identified by the Land Use Administrator, provided that such activities are for the sole purpose of improving water quality.

(e) Matching funds for grants to fund any of the aforementioned types of activities.

(f) Matching funds for participation in any water quality improvement program funded by the Macon County Soil and Water Conservation Service, the North Carolina Department of Environment and Natural Resources, the USDA Natural Resources Conservation Service, or other local, regional, state or federal agencies.

(5) The expenditure of stormwater contributions is limited as follows:

(a) To the extent practical, contributions shall be applied to activities that will result in water quality benefits comparable to the benefits of controlling and treating stormwater on the contributing property.

(b) Contributions shall not be applied to the storm water management requirements of other affected properties, or to the same affected property to satisfy the stormwater management requirements of future site plan approvals.

(c) Contributions shall not be applied to any other purpose or activity of the town not directly related to stormwater management and water quality improvement.

(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. passed - - )

§ 152.196 SURFACE WATER PROTECTION REQUIREMENTS.

The purpose of this section is to provide a network of protected stream corridors thereby helping to maintain water quality, provide wildlife habitats, filter pollutants, store floodgates, and contribute to the “green infrastructure” of the Town of Franklin and lands within its jurisdiction. Stream systems are comprised of each stream and its respective drainage basin. Streams have the primary natural functions of conveying storm, ground, and surface waters, storing floodwaters, and supporting aquatic life. Vegetated lands adjacent to the stream channel serve to protect the stream’s ability to fulfill its natural functions. Surface water protection areas have the primary natural functions of protecting water quality by (1) filtering sediments and pollutants such as nitrogen, phosphorus, trace metals, and hydrocarbons, (2) providing intermittent storage for flood waters, (3) allowing channels to meander naturally, and (4) providing suitable habitat for wildlife.

(A) Applicability. This section shall apply to all surface waters (as defined by this chapter), and all nonencroachment areas and regulatory floodways (as delineated upon the most recently published Flood Boundary and Floodway Map (FBFM) and/or Flood Insurance Rate Map (FIRM), within the planning jurisdiction of the Town of Franklin.

(B) Relationship to previously approved development plans, structures, and uses. Uses and structures approved and constructed in a protection area prior to the enactment of this chapter may remain as nonconformities, subject to any legal requirements attributed to that status. All development plans, development projects, and uses permitted subsequent to the enactment of this chapter, including expansions to previously approved and constructed uses and structures, shall comply with the surface water protection requirements of this chapter.

(C) Surface water protection area delineation. Surface water protection area requirements apply to the regulatory floodway and non-encroachment areas, as well as lands within 30 feet from the top of each bank of a stream or other surface water body.

(1) For streams and other surface waters with defined channels, protection area widths are measured horizontally on a line perpendicular to the surface water, landward from the top of the bank on each side of the channel.

(2) “Top of bank” shall be determined by the Land Use Administrator by considering factors such as the break in slope for a watercourse and the presence of streamside vegetation.

(3) For wetlands, as defined in this chapter, protection area widths are measured horizontally, landward from the outermost point at which wetland conditions can be identified.

(4) For ponds, lakes, and other impounded surface waters, protection areas widths are measured horizontally, landward from the ordinary high water line. Protection areas requirements do not apply to wet ponds used as structural stormwater control and treatment measures for stormwater.

(5) For other surface waters, the protection area shall be determined by the Land Use Administrator in consideration of the purposes of this section.

(6) When a combination of floodway/non-encroachment area and/or surface water types exist, the most restrictive measurement of surface water protection area shall apply.

(D) Surface water protection area requirements. The following requirements shall apply to surface water protection areas as defined herein.

(1) Protection areas shall be left in a naturally vegetated state, unless reforestation of disturbed protection areas is required as part of any site plan approval. When reforestation of a disturbed protection area is required, it shall be done in accordance with a planting plan approved by the Land Use Administrator.

(2) Concentrated runoff from ditches or other manmade conveyances shall be diverted to diffuse flow before the runoff enters the protection area.

(3) Periodic corrective action to restore diffuse flow shall be taken by the property owner as necessary to avoid the formation of erosion gullies.

(4) Diffuse flow of runoff shall be maintained in the protection area by dispersing concentrated flow and reestablishing vegetation.

(5) Surface water protection areas shall be delineated upon any development plan and shall be noted as protection areas within which no disturbance or development shall be permitted.

(6) The following impacts are expressly forbidden in surface water protection areas (including floodways, non-encroachment areas) and associated water bodies:

(a) The placement of fill or the deposition of any natural or manmade material or substance.

(b) New development, substantial improvements, new construction, new impervious surfaces, the placement of structures or any other form of development or encroachment, except those associated with public utilities.

(c) Grading, excavation, the removal of vegetation, or any disturbance of any kind except excavation and fill required to plant any new trees or vegetation.

(d) The ditching, dredging, channelization, straightening, relocation, diking, levying, or any other alteration or modification of any kind, to surface waters, except dredging necessary to maintain pre-existing, human-made water impoundments such as ponds and lakes.

(e) The routing underground (by culvert or other means) of any surface water, except to facilitate crossings by approved roads, streets, driveways, greenways, sidewalks, and other transportation facilities.

(f) The impoundment of water bodies (this shall not prohibit the maintenance of existing ponds, lakes, and other impoundments).

(g) Any other type of encroachment, disturbance, or modification to floodways, nonencroachment areas, or other surface water protection areas or associated surface waters.

(7) The following protection area impacts are permitted provided that design and construction shall comply with applicable town standards for stabilization of disturbed areas to minimize negative effects on the quality of surface waters.

(a) Road crossings for connectivity or transportation links and required utilities including public and private streets, driveways, and bridges, where the town has granted site plan approval.

(b) Parallel water and sewer utility installation as approved by the town.

(c) Approved public or common area open space, paths and trails. Pathways should use existing and proposed utility alignments or previously cleared areas and minimize tree cutting to the maximum extent practicable. To the extent possible, pathways shall be “on-grade” and shall preserve existing drainage patterns and avoid drainage structures that concentrate stormwater.

(d) Incidental drainage improvements/repairs for maintenance provided that such maintenance does not result in channelization, straightening, or modification of the natural course of a stream channel or the deforestation of the regulatory floodway or protection areas.

(e) Mitigation approved by a local, state, or federal agency acting pursuant to Sections 401 or 404 of the Federal Clean Water Act.

(f) Stream bank or stream channel restoration or soil stabilization activities of the North Carolina Cooperative Extension Service, Macon County Soil and Water Conservation Service, USDA Natural Resources Conservation Service, Macon County, the Town of Franklin, the North Carolina Forest Service, or a cooperating organization or entity. This exception does not include the straightening or channelization any watercourse.

(g) The removal of invasive exotic plant and tree species or trees posing a hazard to life or property.

(8) Uses permitted in the protection area shall be coordinated to ensure minimal disturbance of the protection area system. For example, if it is necessary to install utilities within the protection area and if greenway trails are then to be built, they should follow these cleared areas instead of necessitating additional clearing.

(9) The approving authority may reduce the required setbacks by up to 20% of the required distance in order to facilitate compliance with this section. Additional setback deviations shall be considered as variances by the Board of Adjustment in accordance with the procedures set forth in this chapter.

(Ord. passed 10-1-07)

§ 152.197 FLOODPLAIN PROTECTION STANDARDS (RESERVED).

Refer to Chapter 151. (Ord. passed 10-1- 07; Am. Ord. passed - - )

§ 152.198 VARYING REQUIREMENTS WHEN THERE IS AN INCREASE IN FUNCTIONALITY.

Occasionally, development sites will contain steep slopes, surface water areas, and/or flood plain, which, due to previous clearing or development, diking, erosion, or other reasons, are of limited functionality. This chapter seeks to encourage landowners and developers to find creative means to improve these existing conditions. Accordingly, the entity with the authority to grant development authorization pursuant to §§ 152.050 - 152.062, above, may vary the requirements of this subchapter when the applicant for development authorization demonstrates the proposed development, along with any management practices, will result in an increase of functionality of any regulated natural resources on the development site. Any mitigation proposed to offset loss of a natural resource regulated herein must take place on the development site itself or on neighboring properties pursuant to a recorded easement authorizing such activities.

(Ord. passed 10-1-07)

§ 152.199 REMEDIES FOR VIOLATIONS OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ARTICLE.

In addition to any other remedies provided in this chapter or elsewhere, the Land Use Administrator is authorized to require restoration of any natural resources damaged or destroyed in violation of the provisions of this subchapter.