This article addresses environmental issues. Divisions 2 and 3 address the protection of natural resources, floodplains and areas around water supply sources. Division 4 addresses pollution generated by specific land uses.

(Ord. of 7-12-1999, div. 05.000)

The legislature of the State of North Carolina has in G.S. pt. 6, art. 21 of ch. 143; arts. 7, 9, 11 of ch. 160D; and, art. 6 of ch. 153A, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

Therefore, the county board of commissioners of Granville County, North Carolina, does ordain as follows.

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1; Amend. of 4-19-2021(2), § 1)

(a)

The flood prone areas within the jurisdiction of the county are subject to periodic inundation which results 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.

(b)

These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by the occupancy in flood prone areas of uses vulnerable to floods or other hazards.

(Amend. of 3-19-2007, § 6)

It is the purpose of this division to promote public health, safety, and general welfare and to minimize public and private losses due to flood conditions within flood prone areas by provisions designed to:

(1)

Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion hazards or that result in damaging increases in erosion, flood heights or velocities;

(2)

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

(3)

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

(4)

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

(5)

Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or which may increase flood hazards to other lands.

(Amend. of 3-19-2007, § 6)

The objectives of this division are:

(1)

To protect human life and health;

(2)

To minimize expenditure of public money for costly flood control projects;

(3)

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

(4)

To minimize prolonged business losses and interruptions;

(5)

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 in flood prone areas;

(6)

To help maintain a stable tax base by providing for the sound use and development of flood prone areas;

(7)

To ensure that potential buyers are aware that property is in a special flood hazard area;

(8)

To minimize damage to private and public property due to flooding;

(9)

To make flood insurance available to the community through the National Flood Insurance Program; and

(10)

To maintain the natural and beneficial functions of floodplains.

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1)

Unless specifically defined below, words or phrases used in this division shall be interpreted so as to give them the meaning they have in common usage and to give this division its most reasonable application.

Accessory structure (appurtenant structure) means a structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Garages, carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.

Addition (to an existing building) means an extension or increase in the floor area or height of a building or structure.

Alteration of a watercourse means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this division.

Area of shallow flooding means a designated zone AO or AH on a community's flood insurance rate map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of shallow flooding means a designated zone AO on a community's flood insurance rate map (FIRM) with base flood depths determined to be from one to three feet. These areas are located where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of special flood hazard. See special flood hazard area (SFHA).

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE) means a determination of the water surface elevations of 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 or state or other source using FEMA approved engineering methodologies. This elevation, when combined with the "freeboard", establishes the "regulatory flood protection elevation."

Building. See structure.

Chemical storage facility means a building, portion of a building, or exterior area adjacent to a building used for the storage of any chemical or chemically reactive products.

Design flood. See regulatory flood protection elevation.

Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Unless the context clearly indicates otherwise, the term means: (a) the construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure; (b) excavation, grading, filling, clearing, or alteration of land; (c) the subdivision of land as defined in G.S. 160D-802; or (d) the initiation or substantial change in the use of land or the intensity of use of land. This definition does not alter the scope of regulatory authority granted by the articles of this chapter (G.S. ch. 160D).

Development activity means any activity defined as development which will necessitate a floodplain development permit. This includes buildings, structures, and non-structural items, including (but not limited to) fill, bulkheads, piers, pools, docks, landings, ramps, erosion control/stabilization measures.

Digital flood insurance rate map (DFIRM) means the digital official map of a community, issued by the Federal Emergency Management Agency (FEMA), on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.

Disposal means, as defined in G.S. 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.

Elevated building means a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

Encroachment means the advance or infringement of uses, fill, excavation, buildings, structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Existing building and existing structure means any building and/or structure for which the "start of construction" commenced before the date the community entered into the NFIP, dated February 20, 1997.

Existing manufactured home park or manufactured home subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the community entered the NFIP, dated February 20, 1997.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters; and/or

(2)

The unusual and rapid accumulation of runoff of surface waters from any source.

Flood boundary and floodway map (FBFM) means an official map of a community, issued by the Federal Emergency Management Agency, on which the special flood hazard areas and the floodways are delineated. This official map is a supplement to and shall be used in conjunction with the flood insurance rate map (FIRM).

Flood hazard boundary map (FHBM) means an official map of the community, issued by the Federal Emergency Management Agency, where the boundaries of the special flood hazard areas have been defined as zone A.

Flood insurance means the insurance coverage provided under the National Flood Insurance Program.

Flood insurance rate map (FIRM) means an official map of a community, issued by the Federal Emergency Management Agency, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.

Flood insurance study (FIS) means an examination, evaluation, and determination of flood hazards, corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued by the Federal Emergency Management Agency. The flood insurance study report includes flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), if published.

Flood prone area. See floodplain.

Floodplain means any land area susceptible to being inundated by water from any source.

Floodplain administrator is the individual appointed to administer and enforce the floodplain management regulations.

Floodplain development permit means any type of permit that is required in conformance with the provisions of this division, prior to the commencement of any development activity.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain management regulations means this division and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents.

Flood-resistant material means any building product (material, component or system) capable of withstanding direct and prolonged contact (minimum 72 hours) with flood waters without sustaining damage that requires more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali or acid in water, including normal adhesives for above-grade use, is not flood-resistant. Pressure-treated lumber or naturally decay-resistant lumbers are acceptable flooring materials. Sheet-type flooring coverings that restrict evaporation from below and materials that are impervious, but dimensionally unstable are not acceptable. Materials that absorb or retain water excessively after submergence are not flood-resistant. Please refer to Technical Bulletin 2, Flood Damage-Resistant Materials Requirements, and available from FEMA. Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.

Floodway means the channel of a river or other watercourse, including the area above a bridge or culvert when applicable, and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floodway encroachment analysis means an engineering analysis of the impact that a proposed encroachment into a floodway or non-encroachment area is expected to have on the floodway boundaries and flood levels during the occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North Carolina licensed engineer using standard engineering methods and models.

Flood zone means 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.

Freeboard means the height added to the base flood elevation (BFE) to account for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization on the watershed. The base flood elevation plus the freeboard establishes the "regulatory flood protection elevation."

Functionally dependent facility means a facility 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 and passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.

Hazardous waste facility means, as defined in G.S. 130A, art. 9, a facility for the collection, storage, processing, treatment, recycling, recovery, or disposal of hazardous waste.

Highest adjacent grade (HAG) means the highest natural elevation of the ground surface, prior to construction, immediately next to the proposed walls of the structure.

Historic structure means any structure that is:

(1)

Listed individually in the national register of historic places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the secretary of interior as meeting the requirements for individual listing on the national register;

(2)

Certified or preliminarily determined by the secretary of interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

(3)

Individually listed on a local inventory of historic landmarks in communities with a "certified local government (CLG) program"; or

(4)

Certified as contributing to the historical significance of a historic district designated by a community with a "certified local government (CLG) program."

Certified local government (CLG) programs are approved by the U.S. Department of the Interior in cooperation with the North Carolina Department of Cultural Resources through the state historic preservation officer as having met the requirements of the National Historic Preservation Act of 1966 as amended in 1980.

Letter of map change (LOMC) means an official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

(1)

Letter of map amendment (LOMA): An official amendment, by letter, to an effective National Flood Insurance Program map. A LOMA is based on technical data showing that a property had been inadvertently mapped as being in the floodplain, but is actually on natural high ground above the base flood elevation. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

(2)

Letter of map revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

(3)

Letter of map revision based on fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the BFE and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

(4)

Conditional letter of map revision (CLOMR): A formal review and comment as to whether a proposed project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM.

Light duty truck means any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less as defined in 40 CFR 86.082-2 and is:

(1)

Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; or

(2)

Designed primarily for transportation of persons and has a capacity of more than 12 persons; or

(3)

Available with special features enabling off-street or off-highway operation and use.

Lowest adjacent grade (LAG) means the lowest elevation of the ground, sidewalk or patio slab immediately next to the building, or deck support, after completion of the building.

Lowest floor means lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this division.

Manufactured home or mobile home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle," and includes a structure as defined in G.S. 143-145(7).

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Map repository means the location of the official flood hazard data to be applied for floodplain management. It is a central location in which flood data is stored and managed; in North Carolina, FEMA has recognized that the application of digital flood hazard data products carry the same authority as hard copy products. Therefore, the NCEM's floodplain mapping program websites house current and historical flood hazard data. For effective flood hazard data the NC FRIS website (http://FRIS.NC.GOV/FRIS) is the map repository, and for historical flood hazard data the FloodNC website (http://FLOODNC.GOV/NCFLOOD) is the map repository.

Market value means the building value, not including the land value and that of any accessory structures or other improvements on the lot. Market value may be established by independent certified appraisal; replacement cost depreciated for age of building and quality of construction (actual cash value); or adjusted tax assessed values.

New construction means 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.

Non-encroachment area means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot as designated in the flood insurance study report.

Post-FIRM means construction or other development for which the "start of construction" occurred on or after September 28, 1990, the effective date of the initial flood insurance rate map for the area.

Pre-FIRM means construction or other development for which the "start of construction" occurred before September 28, 1990, the effective date of the initial flood insurance rate map for the area.

Principally above ground means that at least 51 percent of the actual cash value of the structure is above ground.

Public safety and/or nuisance means anything which is injurious to the safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Recreational vehicle (RV) means a vehicle, which is:

(1)

Built on a single chassis;

(2)

Four hundred square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck;

(4)

Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use; and

(5)

Is fully licensed and ready for highway use.

Reference level is the top of the lowest floor for structures within special flood hazard areas designated as zone A1-A30, AE, A, A99, AH or AO.

Regulatory flood protection elevation means the "base flood elevation" plus the "freeboard". In "special flood hazard areas" where base flood elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of freeboard. In "special flood hazard areas" where no BFE has been established, this elevation shall be at least two feet above the highest adjacent grade.

Remedy a violation means to bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development.

Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Salvage yard means 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.

Solid waste disposal facility means, as defined in G.S. 130A-290(a)(35), any facility involved in the disposal of solid waste.

Solid waste disposal site means, as defined in G.S. 130A-290(a)(36), any place at which solid wastes are disposed of by incineration, sanitary landfill, or any other method.

Special flood hazard area (SFHA) means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year, as determined in section 32-317.

Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank that is principally above ground.

Substantial damage means 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 percent of the market value of the structure before the damage occurred. See definition of "substantial improvement." Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

Substantial improvement means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during any one-year period for which the cost equals or exceeds 50 percent 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 correction of existing violations of state or community health, sanitary, or safety code specifications which have been identified by the community 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 a historic structure.

Technical Bulletin and Technical Fact Sheet means a FEMA publication that provides guidance concerning the building performance standards of the NFIP, which are contained in C.F.R. Title 44, § 60.3. The bulletins and fact sheets are intended for use primarily by state and local officials responsible for interpreting and enforcing NFIP regulations and by members of the development community, such as design professionals and builders. New bulletins, as well as updates of bulletins, are issued periodically as needed. The bulletins do not create regulations; rather they provide specific guidance for complying with the minimum requirements of existing NFIP regulations.

Temperature controlled means having the temperature regulated by a heating and/or cooling system, built-in or appliance.

Variance is a grant of relief from the requirements of this division.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in articles IV and V is presumed to be in violation until such time as that documentation is provided.

Water surface elevation (WSE) means the height, in relation to NAVD 1988, of floods of various magnitudes and frequencies in the floodplains of riverine areas.

Watercourse means 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.

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1; Amend. of 4-19-2021(2), § 1)

This division shall apply to all special flood hazard areas within the zoning jurisdiction of the county.

(Amend. of 3-19-2007, § 6)

The special flood hazard areas are those identified under the cooperating technical state (CTS) agreement between the State of North Carolina and FEMA in its flood insurance study (FIS) dated December 6, 2019 for Granville County and associated DFIRM panels, including any digital data developed as part of the FIS, which are adopted by reference and declared to be a part of this division. Future revisions to the FIS and DFIRM panels that do not change flood hazard data within the jurisdictional authority of Granville County are also adopted by reference and declared a part of this division. Subsequent letter of map revisions (LOMRs) and/or physical map revisions (PMRs) shall be adopted within three months.

(Amend. of 3-19-2007, § 6; Amend. of 3-18-2013, § 1; Amend. of 10-15-2018, § 1; Amend. of 10-21-2019, § 1)

A floodplain development permit shall be required in conformance with the provisions of this division prior to the commencement of any development activities within special flood hazard areas determined in accordance with section 32-317.

(Amend. of 3-19-2007, § 6)

No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this division and other applicable regulations.

(Amend. of 3-19-2007, § 6)

This division is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this division and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Amend. of 3-19-2007, § 6)

In the interpretation and application of this division, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the governing body; and

(3)

Deemed neither to limit nor repeal any other powers granted under State statutes.

(Amend. of 3-19-2007, § 6)

The degree of flood protection required by this division 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 division does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This division shall not create liability on the part of the county or by any officer or employee thereof for any flood damages that result from reliance on this division or any administrative decision lawfully made hereunder.

(Amend. of 3-19-2007, § 6)

Violation of the provisions of this division or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a class 1 misdemeanor pursuant to G.S. § 143-215.58. Any person who violates this division or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100.00 or imprisoned for not more than 30 days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the county from taking such other lawful action as is necessary to prevent or remedy any violation.

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1)

The zoning administrator, hereinafter referred to as the "floodplain administrator," is hereby appointed to administer and implement the provisions of this division. In instances where the floodplain administrator receives assistance from others to complete tasks to administer and implement this division, the floodplain administrator shall be responsible for the coordination and community's overall compliance with the National Flood Insurance Programs and the provisions of this division.

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1)

(a)

Application requirements. Application for a floodplain development permit shall be made to the floodplain administrator prior to any development activities located within special flood hazard areas. The following items shall be presented to the floodplain administrator to apply for a floodplain development permit:

(1)

A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:

a.

The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities, and other development;

b.

The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in section 32-317, or a statement that the entire lot is within the special flood hazard area;

c.

Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in section 32-317;

d.

The boundary of the floodway(s) or non-encroachment area(s) as determined in section 32-317;

e.

The base flood elevation (BFE) where provided as set forth in section 32-317; section 32-326 (11. and 12.); or section 32-331;

f.

The old and new location of any watercourse that will be altered or relocated as a result of proposed development;

g.

Certification of the plot plan by a registered land surveyor or professional engineer.

(2)

Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:

a.

Elevation in relation to NAVD 1988 of the proposed reference level (including basement) of all structures;

b.

Elevation in relation to NAVD 1988 to which any non-residential structure in zone AE, A, AH or AO will be flood-proofed; and

c.

Elevation in relation to NAVD 1988 to which any proposed utility systems will be elevated or floodproofed.

(3)

If floodproofing, a floodproofing certificate (FEMA form 81-65) with supporting data and an operational plan that includes, but is not limited to, installation, exercise, and maintenance of floodproofing measures.

(4)

A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this division are met. These details include but are not limited to:

a.

The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls);

b.

Openings to facilitate equalization of hydrostatic flood forces on walls in accordance with subsection 32-330(4)c., when solid foundation perimeter walls are used in zones A, AO, AE, AH, and A99.

(5)

Usage details of any enclosed areas below the regulatory flood protection elevation.

(6)

Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage.

(7)

Certification that all other local, state and federal permits required prior to floodplain development permit issuance have been received.

(8)

Documentation for placement of recreational vehicles and/or temporary structures, when applicable, to ensure subsections 32-330(6) and (7) are met.

(9)

A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.

(b)

Permit requirements. The floodplain development permit shall include, but not be limited to:

(1)

A complete description of all development to be permitted under the floodplain development permit (e.g., house, garage, pool septic, bulkhead, cabana, pier, bridge, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, etc.).

(2)

The special flood hazard area determination for the proposed development per available data specified in section 32-317.

(3)

The regulatory flood protection elevation required for the reference level and all attendant utilities.

(4)

The regulatory flood protection elevation required for the protection of all public utilities.

(5)

All certification submittal requirements with timelines.

(6)

A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse unless the requirements of section 32-333 have been met.

(7)

The flood openings requirements, if in zones A, AO, AE, AH or A99.

(c)

Certification requirements.

(1)

Elevation certificates.

a.

An elevation certificate (FEMA form 086-0-33) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the reference level, in relation to NAVD 1988. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.

b.

An elevation certificate (FEMA form 086-0-33) is required after the reference level is established. Within seven calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the floodplain administrator a certification of the elevation of the reference level, in relation to NAVD 1988. Any work done within the seven-day calendar period and prior to submission of the certification shall be at the permit holder's risk. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.

c.

A final finished construction elevation certificate (FEMA form 086-0-33) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The floodplain administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of compliance/occupancy.

(2)

Floodproofing certificate.

a.

If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a floodproofing certificate (FEMA form 086-0-34), with supporting data and an operational plan, is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The floodplain administrator shall review the certificate data, the inspection and maintenance plan, and the operational plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of compliance/occupancy.

b.

A final finished construction floodproofing certificate (FEMA 086-0-34), with supporting data, an operational plan, and an inspection and maintenance plan are required prior to the issuance of a certificate of compliance/occupancy. It shall be the duty of the permit holder to submit to the floodplain administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. Floodproofing certificate shall be by or under the direct supervision of a professional engineer or architect and certified by same. The floodplain administrator shall review the certificate data, the operational plan, and the inspection and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant prior to certificate of occupancy. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to deny a certificate of compliance/occupancy.

(3)

If a manufactured home is placed within zone A, AO, AE, AH or A99 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required per subsection 32-330(3).

(4)

If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.

(5)

Certification exemptions. The following structures, if located within zone A, AO, AE AH or A99 are exempt from the elevation/floodproofing certification requirements specified in subsections (1) and (2):

a.

Recreational Vehicles meeting requirements of subsection 32-330(6)a.;

b.

Temporary structures meeting requirements of subsection 32-330(7); and

c.

Accessory structures less than 150 square feet or less than $3,000.00 and meeting requirements of subsection 32-330(8).

(d)

Determination for existing buildings and structures. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:

(1)

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;

(2)

Compare the cost to perform improvement, the cost to repair a damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure;

(3)

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and

(4)

Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the North Carolina Building Code and this division is required.

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1)

The floodplain administrator shall perform, but not be limited to, the following duties:

(1)

Review all floodplain development applications and issue permits for all proposed development within special flood hazard areas to assure that the requirements of this division have been satisfied.

(2)

Review all proposed development within the special flood hazard areas to assure that all necessary local, state and federal permits have been received, including section 404 of the Federal Water Pollution Control Act Amendments of 1972 33 U.S.C. 1334.

(3)

Notify adjacent communities and the state department of public safety, division of emergency management, state coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA).

(4)

Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained.

(5)

Prevent encroachments into floodways and non-encroachment areas unless the certification and flood hazard reduction provisions of section 32-332 are met.

(6)

Obtain actual elevation (in relation to NAVD 1988) of the reference level (including basement) and all attendant utilities of all new or substantially improved structures, in accordance with subsection 32-325(c).

(7)

Obtain actual elevation (in relation to NAVD 1988) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with subsection 32-325(c).

(8)

Obtain actual elevation (in relation to NAVD 1988) of all public utilities in accordance with subsection 32-325(c).

(9)

When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with subsections 32-325(c) and 32-330(2).

(10)

Where interpretation is needed as to the exact location of boundaries of the special flood hazard areas, floodways, or non-encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this division.

(11)

When base flood elevation (BFE) data has not been provided in accordance with section 32-317, obtain, review, and reasonably utilize any base flood elevation (BFE) data, along with floodway data or non-encroachment area data available from a federal, state, or other source, including data developed pursuant to subsection 32-331(2)b., in order to administer the provisions of this division.

(12)

When base flood elevation (BFE) data is provided but no floodway nor non-encroachment area data has been provided in accordance with section 32-317, obtain, review, and reasonably utilize any floodway data or non-encroachment area data available from a federal, state, or other source in order to administer the provisions of this division.

(13)

When the lowest floor and the lowest adjacent grade of a structure or the lowest ground elevation of a parcel or structure in a special flood hazard area is above the base flood elevation, advise the property owner of the option to apply for a letter of map amendment (LOMA) from FEMA. Maintain a copy of the letter of map amendment (LOMA) issued by FEMA in the floodplain development permit file.

(14)

Permanently maintain all records that pertain to the administration of this division and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended.

(15)

Make on-site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the floodplain administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the floodplain administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action.

(16)

Issue stop-work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this division, the floodplain administrator may order the work to be immediately stopped. The stop-work order shall be in writing and directed to the person doing the work. The stop-work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop-work order constitutes a misdemeanor.

(17)

Revoke floodplain development permits as required. The floodplain administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, or specifications; for refusal or failure to comply with the requirements of state or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable state or local law may also be revoked.

(18)

Make periodic inspections throughout all special flood hazard areas within the jurisdiction of the community. The floodplain administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.

(19)

Follow through with corrective procedures of section 32-327.

(20)

Review, provide input, and make recommendations for variance requests.

(21)

Maintain a current map repository to include, but not limited to, the FIS report, historical and effective FIRM and other official flood maps and studies adopted in accordance with section 32-317 of this division, including any revisions thereto including letters of map change, issued by FEMA. Notify state and FEMA of mapping needs.

(22)

Coordinate revisions to FIS reports and FIRMs, including letters of map revision based on fill (LOMR-F) and letters of map revision (LOMR).

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1)

(a)

Violations to be corrected. When the floodplain administrator finds violations of applicable state and local laws, it shall be his or her duty to notify the owner or occupant of the building of the violation. The owner or occupant shall immediately remedy each of the violations of law cited in such notification.

(b)

Actions in event of failure to take corrective action. If the owner of a building or property shall fail to take prompt corrective action, the floodplain administrator shall give the owner written notice, by certified or registered mail to the owner's last known address or by personal service, stating:

(1)

That the building or property is in violation of the flood damage prevention ordinance;

(2)

That a hearing will be held before the floodplain administrator at a designated place and time, not later than ten days after the date of the notice, at which time the owner shall be entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter; and

(3)

That following the hearing, the floodplain administrator may issue an order to alter, vacate, or demolish the building; or to remove fill as applicable.

(c)

Order to take corrective action. If, upon a hearing held pursuant to the notice prescribed above, the floodplain administrator shall find that the building or development is in violation of the flood damage prevention ordinance, they shall issue an order in writing to the owner, requiring the owner to remedy the violation within a specified time period, not less than 60 calendar days, nor more than 180 calendar days. Where the floodplain administrator finds that there is imminent danger to life or other property, they may order that corrective action be taken in such lesser period as may be feasible.

(d)

Appeal. Any owner who has received an order to take corrective action may appeal the order to the board of adjustment by giving notice of appeal in writing to the floodplain administrator within ten days following issuance of the final order. In the absence of an appeal, the order of the floodplain administrator shall be final. The board of adjustment shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order.

(e)

Failure to comply with order. If the owner of a building or property fails to comply with an order to take corrective action for which no appeal has been made or fails to comply with an order of the board of adjustment following an appeal, the owner shall be guilty of a class 1 misdemeanor pursuant to G.S. § 143-215.58 and shall be punished at the discretion of the court.

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1)

(a)

The board of adjustment as established by the county, hereinafter referred to as the "board", shall hear and decide requests for variances from the requirements of this division.

(b)

Any person aggrieved by the decision of the board may appeal such decision to the court, as provided in G.S. ch. 7A.

(c)

Variances may be issued for:

(1)

The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum necessary to preserve the historic character and design of the structure.

(2)

Functionally dependent facilities if determined to meet the definition as stated in section 32-315, provided provisions of subsections 32-328(i)(2), (3) and (5) have been satisfied, and such facilities are protected by methods that minimize flood damages.

(3)

Any other type of development, provided it meets the requirements stated in this section.

(d)

In passing upon variances, the board shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this division, and:

(1)

The danger that materials may be swept onto other lands to the injury of others;

(2)

The danger to life and property due to flooding or erosion damage;

(3)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(4)

The importance of the services provided by the proposed facility to the community;

(5)

The necessity to the facility of a waterfront location as defined under section 32-315 as a functionally dependent facility, where applicable;

(6)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(7)

The compatibility of the proposed use with existing and anticipated development;

(8)

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(10)

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

(11)

The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

(e)

A written report addressing each of the above factors shall be submitted with the application for a variance.

(f)

Upon consideration of the factors listed above and the purposes of this division, the board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this division.

(g)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation (BFE) and the elevation to which the structure is to be built and that such construction below the base flood elevation increases risks to life and property, and that the issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to $25.00 per $100.00 of insurance coverage. Such notification shall be maintained with a record of all variance actions, including justification for their issuance.

(h)

The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the state upon request.

(i)

Conditions for variances.

(1)

Variances shall not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances.

(2)

Variances shall not be issued within any designated floodway or non-encroachment area if the variance would result in any increase in flood levels during the base flood discharge.

(3)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(4)

Variances shall only be issued prior to development permit approval.

(5)

Variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(j)

A variance may be issued for solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in special flood hazard areas provided that all of the following conditions are met.

(1)

The use serves a critical need in the community.

(2)

No feasible location exists for the use outside the special flood hazard area.

(3)

The reference level of any structure is elevated or floodproofed to at least the regulatory flood protection elevation.

(4)

The use complies with all other applicable federal, state and local laws.

(5)

The county board of adjustment has notified the secretary of the state department of public safety of its intention to grant a variance at least 30 calendar days prior to granting the variance.

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1)

In all special flood hazard areas the following provisions are required:

(1)

All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure.

(2)

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage in accordance with the FEMA Technical Bulletin 2, Flood Damage-Resistant Materials Requirements.

(3)

All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damages.

(4)

All new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be located at or above the RFPE or designed and installed to prevent water from entering or accumulating within the components during the occurrence of the base flood. These include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, water heaters, and electric outlets/switches.

a.

Replacements parts of a substantial improvement, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment shall also meet the above provisions.

b.

Replacements that are for maintenance and not part of a substantial improvement, may be installed at the original location provided the addition and/or improvements only comply with the standards for new construction consistent with the code and requirements for the original structure.

(5)

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

(6)

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

(7)

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

(8)

Nothing in this division shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of this division and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachment below the regulatory flood protection elevation in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this division.

(9)

New solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities shall not be permitted, except by variance as specified in subsection 32-328(j). A structure 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 may be located in a special flood hazard area only if the structure or tank is either elevated or floodproofed to at least the regulatory flood protection elevation and certified according to subsection 32-325(c).

(10)

All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage.

(11)

All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

(12)

All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(13)

All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.

(14)

When a structure is partially located in a special flood hazard area, the entire structure shall meet the requirements for new construction and substantial improvements.

(15)

When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and the BFE shall apply.

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1)

In all special flood hazard areas where base flood elevation (BFE) data has been provided, as set forth in section 32-317, or subsections 32-326(11) and (12), the following provisions, in addition to section 32-329, are required:

(1)

Residential construction. New construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in section 32-315.

(2)

Non-residential construction. New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation, as defined in section 32-315 of this division. Structures located in A, AE, AH, AO and A99 zones may be floodproofed to the regulatory flood protection elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the regulatory 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. For AO zones, the floodproofing elevation shall be in accordance with subsection 32-334(2). A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the floodplain administrator as set forth in subsection 32-325(c), along with the operational plan and the inspection and maintenance plan.

(3)

Manufactured homes.

a.

New or replacement manufactured homes shall be elevated so that the reference level of the manufactured home is no lower than the regulatory flood protection elevation, as defined in section 32-315.

b.

Manufactured homes shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the most current edition of the state regulations for manufactured homes adopted by the commissioner of insurance pursuant to G.S. § 143-143.15. Additionally, when the elevation would be met by an elevation of the chassis 36 inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above 36 inches in height, an engineering certification is required.

c.

All enclosures or skirting below the lowest floor shall meet the requirements of subsections 32-330(4)a., b., and c.

d.

An evacuation plan must be developed for evacuation of all residents of all new, substantially improved or substantially damaged manufactured home parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the floodplain administrator and the local emergency management coordinator.

(4)

Elevated buildings. Fully enclosed area, of new construction and substantially improved structures, which is below the lowest floor:

a.

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

b.

Shall not be temperature-controlled or conditioned;

c.

Shall be constructed entirely of flood resistant materials below the regulatory flood protection elevation; and

d.

Shall include, in zones A, AO, AE, AH and A99, flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet or exceed the following minimum design criteria:

1.

A minimum of two flood openings on different sides of each enclosed area subject to flooding;

2.

The total net area of all flood openings must be at least one square inch for each square foot of enclosed area subject to flooding;

3.

If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;

4.

The bottom of all required flood openings shall be no higher than one foot above the adjacent grade;

5.

Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and

6.

Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.

(5)

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 are:

1.

Not a substantial improvement, the addition and/or improvements must be designed to minimize flood damages and must not be any more non-conforming than the existing structure.

2.

A substantial improvement, with modifications/rehabilitations/improvements to the existing structure or the common wall is structurally modified more than installing a doorway, both the existing structure and the addition must comply with the standards for new construction.

b.

Additions to pre-FIRM or post-FIRM structures that are a substantial improvement with no modifications/rehabilitations/improvements to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction.

c.

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

1.

Not a substantial improvement, the addition and/or improvements only must comply with the standards for new construction consistent with the code and requirements for the original structure.

2.

A substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.

d.

Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during one year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started must comply with the standards for new construction. For each building or structure, the one year period begins on the date of the first improvement or repair of that building or structure subsequent to the effective date of this division. Substantial damage also means flood-related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The requirement does not, however, include either:

1.

Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assume safe living conditions.

2.

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

(6)

Recreational vehicles. Recreational vehicles shall either:

a.

Temporary placement.

1.

Be on site for fewer than 180 consecutive days; or

2.

Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities, and has no permanently attached additions).

b.

Permanent placement. Recreational vehicles that do not meet the limitations of temporary placement shall meet all the requirements for new construction.

(7)

Temporary non-residential structures. Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the floodplain administrator a plan for the removal of such structure(s) in the event of a hurricane, flash flood or other type of flood warning notification. The following information shall be submitted in writing to the floodplain administrator for review and written approval;

a.

A specified time period for which the temporary use will be permitted. Time specified may not exceed three months, renewable up to one year;

b.

The name, address, and phone number of the individual responsible for the removal of the temporary structure;

c.

The time frame prior to the event at which a structure 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 the entity responsible for physical removal of the structure; and

e.

Designation, accompanied by documentation, of a location outside the special flood hazard area, to which the temporary structure will be moved.

(8)

Accessory structures. When accessory structures (sheds, detached garages, etc.) are to be placed within a special flood hazard area, the following criteria shall be met:

a.

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

b.

Accessory structures shall not be temperature-controlled;

c.

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

d.

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

e.

Accessory structures shall be firmly anchored in accordance with subsection 32-329(1);

f.

All service facilities such as electrical shall be installed in accordance with subsection 32-329(4); and

g.

Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below regulatory flood protection elevation in conformance with subsection (4)c..

An accessory structure with a footprint less than 150 square feet or that is a minimal investment $3,000.00 or less and satisfies the criteria outlined above is not required to meet the elevation or floodproofing standards of subsection 32-330(2). Elevation or floodproofing certifications are required for all other accessory structures in accordance with subsection 32-325(c).

(9)

Tanks. When gas and liquid storage tanks are to be placed within a special flood hazard area, the following criteria shall be met:

a.

Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tanks are empty;

b.

Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the regulatory flood protection elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area;

c.

Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation requirements of subsection 32-330(2) of this division shall be permitted in flood hazard areas provided the tanks are designed, constructed, installed, and anchored to resist all flood-related and other loads, including the effects of buoyancy, during conditions of the design flood and without release of contents in the floodwaters into the tanks. Tanks shall be designed, constructed, installed, and anchored to resist the potential buoyant and other flood forces acting on an empty tank during flood conditions.

d.

Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:

1.

At or above the regulatory flood protection elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the flood design; and

2.

Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

(10)

Other development.

a.

Fences in regulated floodways and NEAs that have potential to block the passage of floodwaters such as stockade fences and wire mesh fences, shall meet the limitations of section 32-333 of this division.

b.

Retaining walls, sidewalks and driveways in regulated floodways and NEAs. Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations of section 32-333 of this division.

c.

Roads and watercourse crossings in regulated floodways and NEAs. Roads and watercourse crossings, including roads, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of section 32-333 of this division.

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1)

Within the special flood hazard areas designated as approximate zone A and established in section 32-317, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to section 32-329 and section 32-330, shall apply:

(1)

No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of 20 feet each side from top of bank or five times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2)

The BFE used in determining the regulatory flood protection elevation shall be determined based on the following criteria:

a.

When base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall also comply with all applicable provisions of this division and shall be elevated or floodproofed in accordance with standards in subsections 32-326(11) and (12).

b.

When floodway or non-encroachment data is available from a federal, state, or other source, all new construction and substantial improvements within floodway and non-encroachment areas shall also comply with the requirements of sections 32-330 and 32-333.

c.

All subdivision, manufactured home park and other development proposals shall provide base flood elevation (BFE) data if development is greater than five acres or has more than 50 lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference per section 32-317 to be utilized in implementing this division.

d.

When base flood elevation (BFE) data is not available from a federal, state, or other source as outlined above, the reference level shall be elevated to or above the regulatory flood protection elevation, as defined in section 32-315. All other applicable provisions of section 32-330 shall also apply.

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1)

Along rivers and streams where BFE data is provided but neither floodway nor non-encroachment areas are identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:

(1)

Standards outlined in sections 32-329 and 32-330, and

(2)

Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new construction, substantial improvements, or other development, 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, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

(Amend. of 3-19-2007, § 6)

Areas designated as floodways or non-encroachment areas are located within the special flood hazard areas established in section 32-317. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles. The following provisions, in addition to standards outlined in sections 32-329 and 32-330, shall apply to all development within such areas:

(1)

No encroachments, including fill, new construction, substantial improvements and other developments shall be permitted unless:

a.

It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood discharge, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the floodplain administrator prior to issuance of floodplain development permit, or

b.

A conditional letter of map revision (CLOMR) has been approved by FEMA. A letter of map revision (LOMR) must also be obtained upon completion of the proposed encroachment.

(2)

If subsection (1) is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this division.

(3)

Manufactured homes may be permitted provided the following provisions are met:

a.

The anchoring and the elevation standards of subsection 32-330(3); and

b.

The encroachment standard of subsection (1).

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1)

Located within the special flood hazard areas established in section 32-317, are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to section 32-329, all new construction and substantial improvements shall meet the following requirements::

(1)

The reference level shall be elevated at least as high as the depth number specified on the flood insurance rate map (FIRM), in feet, plus a freeboard of two feet, above the highest adjacent grade; or at least two feet above the highest adjacent grade plus a freeboard of two feet if no depth number is specified.

(2)

Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required in subsection (1) so that the structure, 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 subsection 32-325(c) and subsection 32-330(2).

(3)

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

(Amend. of 3-19-2007, § 6)

Located within the special flood hazard areas established in section 32-317, are areas designated as shallow flooding areas. These areas are subject to inundation by one-percent-annual-chance shallow flooding (usually areas of ponding) where average depths are one to three feet. Base flood elevations are derived from detailed hydraulic analyses are shown in this zone. In addition to sections 32-329 and 32-330, all new construction and substantial improvements shall meet the following requirements:

(1)

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

(Amend. of 10-21-2019, § 1)

Editor's note— An amendment of 10-21-2019, § 1, added a new § 32-335 and renumbered former §§ 32-335 and 32-336 as §§ 32-336 and 32-337.

This division in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted 9-28-1990 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this division shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of the county enacted on September 28, 1990, as amended, which are not reenacted herein are repealed.

The date of the initial flood damage prevention ordinance for each municipal jurisdiction within the County of Granville, North Carolina is as follows:

Town of Butner—July 10, 2012

City of Creedmoor—June 25, 1976

Town of Oxford—September 28, 1990

Town of Stem—March 25, 2008

Town of Stovall—July 11, 2012

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1)

Note— See editor's note at § 32-335.

Nothing herein contained shall require any change in the plans, construction, size, or designated use of any development or any part thereof for which a floodplain development permit has been granted by the floodplain administrator or his or her authorized agents before the time of passage of this division; provided, however, that when construction is not begun under such outstanding permit within a period of six months subsequent to the date of issuance of the outstanding permit, construction or use shall be in conformity with the provisions of this division.

(Amend. of 3-19-2007, § 6; Amend. of 10-21-2019, § 1)

Note— See editor's note at § 32-335.

If any section, clause, sentence, or phrase of this division amendment be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall have no effect to the validity of the Granville County, North Carolina Land Development Code as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

(Amend. of 10-21-2019, § 1)

This division amendment shall become effective December 6, 2019.

(Amend. of 10-21-2019, § 1)

The purpose of this division is to promote the health, safety, and welfare of the citizens of the county and to protect the quality of water in water supply reservoirs by implementing water supply watershed protection standards.

(Ord. of 7-12-1999, § 05.210)

The provisions of this division shall apply within the areas that were designated as a public water supply watershed by the state environmental management commission. These areas shall be defined and established on a map entitled "Granville County Zoning Map Atlas."

(Ord. of 7-12-1999, § 05.211)

The county has designated the watershed areas indicated in this section. The critical areas (CA) are those areas normally within one-half mile of each drinking water intake. The general watershed areas (GW) are additional areas—generally, all other areas in the watershed outside that one-half-mile critical area.

(1)

WS-II critical areas (WS-II-CA) are Lake Rogers/Ledge Creek, Lake Butner/Knapp of Reed's Creek, and Lake Devin/Hatcher's Run.

(2)

WS-II general watershed areas (WS-II-GW) are Lake Rogers/Ledge Creek, Lake Butner/Knapp of Reed's Creek, and Lake Devin/Hatcher's Run.

(3)

WS-III general watershed areas (WS-III-GW) are Lake Michie/Flat River.

(4)

WS-IV critical areas (WS-IV-CA) are Oxford Pipe/Tar River and Falls Lake/Neuse River.

(5)

WS-IV general watershed areas (WS-IV-GW) are Oxford Pipe/Tar River and Falls Lake/Neuse River.

(Ord. of 7-12-1999, § 05.212; Amend. of 4-19-2021(2), § 1)

State Law reference— Authority to establish county service districts, G.S. 160D-926; authority to create watershed improvement programs, G.S. 160D-926.

(a)

Prohibited uses. Waste facilities, disposal, recycling or storage uses shall be prohibited within the watersheds, except in the WS-IV general watershed area, where they may be permitted by special use permit.

(b)

Permitted uses. All uses permitted in the zoning district may be permitted subject to the standards of this section.

(Ord. of 7-12-1999, § 05.220)

The following standards shall govern the following uses when they are located in a public water supply watershed:

(1)

Agriculture. The Granville Soil and Water Conservation District office shall be the designated management and enforcement agency responsible for implementing the agricultural activity rules described in the state's watershed protection rules, chapter 143, article 21. Agricultural activities shall be subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation, and Trade Act of 1990 (PL 101-624) and the rules and regulations of the soil and water conservation commission.

(2)

Silviculture (forestry). The county forest service office of the state division of forest resources shall be the designated management and enforcement agency responsible for implementing the silviculture rules described in the state's watershed protection rules, chapter 143, article 21. Silviculture activities shall be subject to the provisions of the forest practices guidelines related to water quality.

(3)

Transportation facilities. The construction of new roads and bridges should minimize built-upon area, divert stormwater away from surface water supply waters as much as possible, and employ best management practices to minimize water quality impacts. The construction of new roads in a critical area should be avoided, if possible. The county shall act in such a way as to attain these goals when private roads and bridges are involved. The state department of transportation shall employ best management practices as outlined in their document, "Best Management Practices for the Protection of Surface Waters," when involved in road, bridge and other construction.

(Ord. of 7-12-1999, § 05.221)

Cross reference— Animals, ch. 11.

All development shall be governed by lot size, density or built-upon area standards as set forth in the following table 05.230:

TABLE 05.230
DEVELOPMENT STANDARDS FOR WATERSHED PROTECTION AREAS

Any existing development as of January 1, 1993, may be continued and maintained subject to the provisions provided in this article. Expansions to occupied lots or existing structures classified as existing development must meet the requirements of this article based on the remaining pervious built-upon area of the lot. Existing impervious built-upon development area as of January 1, 1993, shall not be included in the built-upon requirements of table 05.230.

(Ord. of 7-12-1999, § 05.230; Ord. of 4-3-2000, §§ 1, 2; Amend. of 2-1-2010, § 1; Amend. of 5-16-2016(1), § 1)

All development within water supply watersheds shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow. Plans to achieve these goals shall be included in the application and will be considered as part of the final approval, as amended. Designs to limit runoff impact should include:

(1)

The creation of grass swells (berms) between built-upon areas and receiving areas;

(2)

The placement of vegetative buffers, rock-check dams, and other controls between the built-upon areas and stormwater receiving areas;

(3)

The directing of land disturbing activities and development away from environmentally sensitive areas such as 100-year floodplains, wetlands, low-lying areas, etc.;

(4)

Maximum preservation of natural areas of forest or meadow as open space, as opposed to manicured landscaped areas. Where the development has an incorporated property owners' association, the title of the open space area shall be common open space owned and managed by the property owners' association. Where a property owners' association is not present, the individual landowners shall be responsible for preserving the open space. All open space, whether in common or individual ownership, shall be preserved by placing a conservation easement in favor of the county on the open space. All subdivision plats, site plans and other documents shall detail the exact location and boundaries of the open space and nondisturbed area.

(Ord. of 7-12-1999, § 05.231)

Within water supply watersheds, a shoreline buffer shall be required for all development activities; a minimum 50-foot vegetative buffer shall be required along all perennial or intermittent surface waters such as intermittent streams, perennial streams, lakes and ponds, with 30 feet of the buffer remaining in a natural undisturbed vegetative state along the perennial or intermittent surface waters. For SIBDA projects (see section 32-359), a minimum 100-foot vegetative buffer shall be required along all perennial surface waters. Any buffer required along all perennial and intermittent surface waters shall be determined using the most recent version of a USGS 1:24,000 (7.5 minute) scale topographic map. The following standards shall be followed:

(1)

Desirable artificial stream bank or shoreline stabilization is permitted subject to approval by the land development administrator.

(2)

No new development shall be allowed within the buffer areas except for water dependent structures, flagpoles, signs, lighting, and public projects such as road crossings and greenways where no practical alternative exists. These activities should be designed to minimize built-upon area, to direct run-off away from surface waters, and to maximize the utilization of stormwater best management practices.

(3)

These buffer areas may be considered part of the entire project acreage and may be included in the density calculations and/or considered non-built-upon area for the purposes of this article.

(Ord. of 7-12-1999, § 05.232; Amend. of 2-1-2010, § 2)

(a)

The county may allocate a special intensity bonus up to ten percent of the land in each WS-II-GW, WS-III-GW and WS-IV-GW watershed area. Such bonus area may be developed as nonresidential uses only. In the development receiving the special intensity bonus, the built-upon area is permitted to be increased to 70 percent of the site. Applications for this special intensity bonus development allocation (SIBDA) must be submitted and approved by the board of county commissioners to develop under these built-upon provisions. An allocation in either the Upper or Lower Falls Watershed Overlay Zoning Districts may only be granted if the project will achieve 85 percent total suspended solids removal and complies with all provisions of the Falls Watershed Stormwater Ordinance for New Development (article V, division 5 of this chapter).

(b)

To determine the total land area necessary to accommodate both the built-upon area and the associated open space for a development project, the estimated project size (total current and future impervious surfaces anticipated) should be multiplied by the following factors:

(c)

No parcel shall be shaped in such a way that all the built-upon area is separated from the landscaped area unless the landscaped area is between any perennial water body or intermittent watercourse and the built-upon area.

(d)

The special intensity bonus shall be granted only when the finding is made that the site plan submitted proposes all best management practices for the retention of stormwater and the cleaning of it prior to discharge to watercourses, and also all required landscaped or natural undisturbed buffers are so arranged to provide the best buffer location for water bodies to protect water quality.

(Ord. of 7-12-1999, § 05.240; Ord. of 4-3-2000, § 3; Amend. of 6-4-2012, § 1; Amend. of 7-5-2016(1), § 1)

All structures shall meet the following standards designed to eliminate threats to water quality and the public health, safety and welfare:

(1)

All uses relying on on-site sewer systems which utilize ground absorption shall meet county standards.

(2)

Sedimentation and erosion control measures shall be required.

(3)

All development shall be required to provide for the management of stormwater runoff.

(Ord. of 7-12-1999, § 05.250)

(a)

It is the intent of this division to provide that all uses permitted in the county shall be established and maintained to control the emission of noise, odor, glare, vibration, smoke, dust, liquid wastes, radiation, radioactivity, etc.

(b)

It is the further intent of this division to state the conditions of construction and operation with which permitted uses will be expected to comply. All industrial uses and other uses expected to have emissions shall submit a certification by a registered engineer that the standards shall be met. In some cases, the relation of a prospective use to all these performance standards cannot be judged properly at the time of building permit issuance. In such cases, the recipient of the building permit should note that these performance standards, like all other provisions of this chapter, are continuing obligations and that all uses will be expected to operate in compliance with these standards.

(Ord. of 7-12-1999, § 05.310)

The performance standards shall be complied with; and any use which fails to comply with these standards shall be in violation of this chapter, shall be made to bring the use into compliance, and shall be subject to penalties as accorded by the laws of the state for such violation.

(Ord. of 7-12-1999, § 05.311)

Each measurable standard shall be measured at the indicated location. Where there are concurrent operations, the sum total of the effects of concurrent operations on two or more tracts measured at any property line shall not be greater or more offensive to the senses than the standards contained in this division. Compliance with the provisions of this section by single or mutual changes in operational levels, scheduling of operations and other adjustments is permitted.

(Ord. of 7-12-1999, § 05.312)

(a)

Noise shall be measured on any property line of the tract on which the operation is located. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, shrillness or intensity. At the property line the sound pressure level of noise radiated continuously from a facility shall not exceed 65 DNL.

(b)

Measurement shall be with a sound level meter at the lot lines of the property from which the noise is being emitted. The instrument shall be set to the A-weighted response scale, and the meter to slow response. Measurements shall be conducted in accordance with the "American Standard Method for the Physical Measurements of Sound," American National Standards Institute (ANSI sl. 2-1962), as amended.

(Ord. of 7-12-1999, § 05.320; Ord. of 11-5-2001, § 4)

(a)

No use shall store material or produce odors that exceed this section's standards.

(b)

Emissions noticeable at any point beyond the property shall be prohibited.

(c)

In the event of a dispute, the methods and procedures of the American Society for Testing Materials A.S.T.M.D. 1391-57, entitled "Standard Method of Measurement of Odor in Atmospheres," shall be used.

(Ord. of 7-12-1999, § 05.330)

Glare, whether direct or reflected, such as from floodlights or high-temperature processes, and as differentiated from general illumination, shall not be visible at any property line. Any lights used for exterior illumination shall be cutoff fixtures that direct light in such a way that adjoining properties shall not be impacted. For uses adjoining residential properties, no more than 0.5 footcandle is permitted as measured at the property line. Sites abutting all other uses shall be permitted illumination of no more than two footcandles at the property line.

(Ord. of 7-12-1999, § 05.340)

Vibration shall not be discernible at any property line to the human sense of feeling for three minutes or more duration in one hour. Vibration at any time shall not produce an acceleration of more than 0.1 gravities or shall not result in any combination of amplitudes and frequencies beyond the safe range of table 7, United States Bureau of Mines Bulletin No. 442 (or a later edition), "Seismic Effects of Quarry Blasting," on any structure. The methods and equations of Bulletin No. 442 shall be used to compute all values for the enforcement of this provision.

(Ord. of 7-12-1999, § 05.350)

All industrial uses shall submit verification that their proposed smoke and particulate matter emissions meet state and federal air quality standards set forth by the U.S. Environmental Protection Agency (CFR tit. 40) and the state (G.S. chapter 143, article 21B and related Administrative Code). No regulated emission source shall operate without a valid permit from the state department of environmental and natural resources, division of air quality. Further, no transfer of pollution rights authorized by the state or federal governments shall be permitted that would increase emission levels within the county as a result of the transfer. Transfer of pollution rights out of the county are permitted and encouraged.

(Ord. of 7-12-1999, § 05.360)

(a)

Generally. Operations shall cause no dangerous radiation at any property line as specified by the regulations of the United States Nuclear Regulatory Commission.

(b)

Radioactivity. Operations shall cause no radioactivity at any property line in violation of CFR tit. 10, ch. 1, pt. 20, "Standards for Protection Against Radiation," dated January 16, 1957, or any subsequent revision or amendment, and ch. 481 of the 1959 Session Laws of North Carolina, "The Use of Ionizing Radiation, Radiation Machines, and Radioactive Materials, and Atomic Energy."

(c)

Electrical radiation. Any electrical radiation shall not adversely affect at any point any operations or any equipment other than those of the creator of the radiation. Avoidance of adverse effects from electrical radiation by appropriate single or mutual scheduling of operations is permitted.

(Ord. of 7-12-1999, § 05.370)

This ordinance shall be officially known as "The Falls Watershed Stormwater Ordinance for New Development." It is referred to herein as "this division."

(Amend. of 6-4-2012, § 1)

The county board of commissioners is authorized to adopt this division pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina; G.S. 143-214.7 and rules promulgated by the environmental management commission "the commission" thereunder; G.S. 143-215.6A; and G.S. 160D-925.

(Amend. of 6-4-2012, § 1; Amend. of 4-19-2021(2), § 1)

It is hereby determined that:

(a)

Development and redevelopment alter the hydrologic response of local watersheds and increases stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and point source pollution, and sediment transport and deposition, as well as reducing groundwater recharge;

(b)

These changes in stormwater runoff contribute to increased quantities of water-borne pollutants and alterations in hydrology that are harmful to public health and safety as well as to the natural environment; and

(c)

These effects can be managed and minimized by applying proper design and well-planned controls to manage stormwater runoff from development sites.

(d)

Further, the commission has identified Falls of Neuse Reservoir, a water supply reservoir, as nutrient sensitive waters; has identified all or a portion of the reservoir as impaired waters under the federal Clean Water Act due to exceedances of the chlorophyll a standard; and has promulgated rules (the "Falls Rules") to reduce the average annual loads of nitrogen and phosphorus delivered to Falls Reservoir from all point and nonpoint sources of these nutrients located within its watershed, including stormwater from new development in this jurisdiction;

(e)

Therefore, the county board of commissioners establishes this set of water quality and quantity regulations to meet the requirements of state and federal law regarding control of stormwater runoff and discharge for development.

(Amend. of 6-4-2012, § 1)

The purpose of this division is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of nitrogen and phosphorus in stormwater runoff and nonpoint and point source pollution associated with new development and redevelopment in the watershed of Falls of Neuse Reservoir. It has been determined that proper management of construction-related and post-development stormwater runoff will minimize damage to public and private property and infrastructure; safeguard the public health, safety, and general welfare; and protect water and aquatic resources.

This division seeks to meet its general purpose through the following specific objectives and means:

(a)

Establishing decision-making processes for development that protects the integrity of watersheds and preserves the health of water resources;

(b)

Requiring that new development and redevelopment maintain the pre-development hydrologic response in their post-development state for the applicable design storm to reduce flooding, streambank erosion, nonpoint and point source pollution and increases in stream temperature, and to maintain the integrity of stream channels and aquatic habitats;

(c)

Establishing minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;

(d)

Establishing design and review criteria for the construction, function, and use of structural stormwater best management practices (BMPs) that may be used to meet the minimum post-development stormwater management standards;

(e)

Encouraging the use of better management and site design practices, such as the use of vegetated conveyances for stormwater and the preservation of greenspace, riparian buffers and other conservation areas to the maximum extent practicable;

(f)

Establishing provisions for the long-term responsibility for and maintenance of structural and nonstructural stormwater BMPs to ensure that they continue to function as designed, are maintained appropriately, and pose no threat to public safety;

(g)

Establishing administrative procedures for the submission, review, approval and disapproval of stormwater management plans, for the inspection of approved projects, and to assure appropriate long-term maintenance.

(Amend. of 6-4-2012, § 1)

(1)

General. Beginning with and subsequent to its effective date, this division shall be applicable to all development and redevelopment, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to this division. Pursuant to rule 15A NCAC 2B.0281, any state or federal entity that does not have a phase II NPDES permit shall be regulated by this division.

(2)

Exemptions. Single-family and duplex residential and recreational development and redevelopment that cumulatively disturbs less than one-half acre and is not part of a larger common plan of development or sale is exempt from the provisions of this division.

Commercial, industrial, institutional, multifamily residential or local government development and redevelopment that cumulatively disturbs less than 12,000 square feet and is not part of a larger common plan of development or sale is exempt from the provisions of this division.

Development and redevelopment that disturbs less than the above thresholds are not exempt if such activities are part of a larger common plan of development or sale and the larger common plan exceeds the relevant threshold, even though multiple, separate or distinct activities take place at different times on different schedules.

Development that is exempt from permit requirements of Section 404 of the federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions of this division.

(3)

No development or redevelopment until compliance and permit. No development or redevelopment shall occur except in compliance with the provisions of this division or unless exempted. No development or redevelopment for which a permit is required pursuant to this division shall occur except in compliance with the provisions, conditions, and limitations of the permit.

(4)

Map. The provisions of this division shall apply within the areas designated on the map titled "Falls Watershed Stormwater Zoning Map of Granville County, North Carolina" ("the stormwater map"), which is adopted simultaneously herewith as zoning overlay districts (Upper Falls Watershed and Lower Falls Watershed). The stormwater map and all explanatory matter contained thereon accompanies and is hereby made a part of this division.

The stormwater map shall be kept on file by the stormwater administrator and shall be updated to take into account changes in the land area covered by this division and the geographic location of all engineered stormwater controls permitted under this division. In the event of a dispute, the applicability of this division to a particular area of land or BMP shall be determined by reference to the North Carolina Statutes, the North Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances.

(Amend. of 6-4-2012, § 1)

(1)

Meaning and intent. All provisions, terms, phrases, and expressions contained in this division shall be construed according to the general and specific purposes set forth in section 32-393 of this division. If a different or more specific meaning is given for a term defined elsewhere in the county land development ordinance, the meaning and application of the term in this division shall control for purposes of application of this division.

(2)

Text controls in event of conflict. In the event of a conflict or inconsistency between the text of this division and any heading, caption, figure, illustration, table, or map, the text shall control.

(3)

Authority for interpretation. The stormwater administrator has authority to determine the interpretation of this division. Any person may request an interpretation by submitting a written request to the stormwater administrator, who shall respond in writing within 30 days. The stormwater administrator shall keep on file a record of all written interpretations of this division.

(4)

References to statutes, regulations, and documents. Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the design manual), or document, it shall be construed as a reference to the most recent edition of such that has been finalized and published with due provision for notice and comment, unless otherwise specifically stated.

(5)

Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the county government, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the county government. References to days are calendar days unless otherwise stated.

(6)

Delegation of authority. Any act authorized by this division to be carried out by the county stormwater administrator may be carried out by his or her designee.

(7)

Usage.

a.

Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.

b.

Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: The word "and" indicates that all connected items, conditions, provisions and events apply. The word "or" indicates that one or more of the connected items, conditions, provisions or events apply.

c.

Tense, plurals, and gender. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.

(8)

Measurement and computation. Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site.

(Amend. of 6-4-2012, § 1)

(1)

Reference to design manual. The stormwater administrator shall use the policy, criteria, and information, including technical specifications and standards, in the design manual as the basis for decisions about stormwater permits and about the design, implementation and performance of engineered stormwater controls and other practices for compliance with this division.

The design manual includes a list of acceptable stormwater treatment practices, including specific design criteria for each stormwater practice. Stormwater treatment practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the Falls Rules.

(2)

Relationship of design manual to other laws and regulations. If the specifications or guidelines of the design manual are more restrictive or apply a higher standard than other laws or regulations, that fact shall not prevent application of the specifications or guidelines in the design manual.

(3)

Changes to standards and specifications. If the standards, specifications, guidelines, policies, criteria, or other information in the design manual are amended subsequent to the submittal of an application for approval pursuant to this division but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this division with regard to the application.

(Amend. of 6-4-2012, § 1)

(1)

Conflict of laws. This division is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this division are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where any provision of this division imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare shall control.

(2)

Private agreements. This division is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this division are more restrictive or impose higher standards or requirements than such an easement, covenant, or other private agreement, the requirements of this division shall govern. Nothing in this division shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply with this division. In no case shall the county be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.

(Amend. of 6-4-2012, § 1)

If the provisions of any section, subsection, paragraph, subdivision or clause of this division shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this division.

(Amend. of 6-4-2012, § 1)

(1)

Effective date. This division shall take effect on June 4, 2012 at the time of adoption.

(2)

Final approvals, complete applications. All development and redevelopment projects for which complete and full applications were submitted and approved by the county prior to the effective date of this division and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of development shall be exempt from complying with all provisions of this division dealing with the control and/or management of stormwater.

A phased development plan shall be deemed approved prior to the effective date of this division if it has been approved by all necessary government units, it remains valid, unexpired, unrevoked and not otherwise terminated, and it shows:

a.

For the initial or first phase of development or redevelopment, the type and intensity of use for a specific parcel or parcels, including at a minimum, the boundaries of the project and a subdivision plan that has been approved.

b.

For any subsequent phase of development or redevelopment, sufficient detail so that implementation of the requirements of this division to that phase of development would require a material change in that phase of the plan.

(3)

Violations continue. Any violation of provisions existing on the effective date of this division shall continue to be a violation under this division and be subject to penalties and enforcement under this division unless the use, development, construction, or other activity complies with the provisions of this division.

(Amend. of 6-4-2012, § 1)

(1)

Stormwater administrator.

a.

Designation. A stormwater administrator shall be designated by the county board of commissioners to administer and enforce this division.

(2)

Powers and duties. In addition to the powers and duties that may be conferred by other provisions of the county land development ordinance and other laws, the stormwater administrator shall have the following powers and duties under this division:

a.

To review and approve, approve with conditions, or disapprove applications for approval of plans pursuant to this division.

b.

To make determinations and render interpretations of this division.

c.

To establish application requirements and schedules for submittal and review of applications and appeals, to review and make recommendations to the county board of commissioners on applications for development or redevelopment approvals.

d.

To enforce the provisions of this division in accordance with its enforcement provisions.

e.

To maintain records, maps, forms and other official materials as relate to the adoption, amendment, enforcement, and administration of this division.

f.

To provide expertise and technical assistance to the county board of commissioners, upon request.

g.

To designate appropriate other person(s) who shall carry out the powers and duties of the stormwater administrator.

h.

To take any other action necessary to administer the provisions of this division.

(Amend. of 6-4-2012, § 1)

(1)

Permit required; must apply for permit. A stormwater permit is required for all development and redevelopment unless exempt pursuant to this division. A permit may only be issued subsequent to a properly submitted and reviewed permit application, pursuant to this section.

(2)

Effect of permit. A stormwater permit shall govern the design, installation, and construction of stormwater management and control practices on the site, including engineered stormwater controls and elements of site design for stormwater management other than engineered stormwater controls.

The permit is intended to provide a mechanism for the review, approval, and inspection of the approach to be used for the management and control of stormwater for the development or redevelopment site consistent with the requirements of this division, whether the approach consists of engineered stormwater controls or other techniques such as low-impact or low-density design. The permit does not continue in existence indefinitely after the completion of the project; rather, compliance after project construction is assured by the maintenance provisions of this division.

(3)

Authority to file applications. All applications required pursuant to this Code shall be submitted to the stormwater administrator by the land owner or the land owner's duly authorized agent or, with approval of the land owner or the land owner's duly authorized agent, by an optionee, or contract purchaser, or lessee of the property that a stormwater permit is being applied for.

(4)

Establishment of application requirements, schedule, and fees.

a.

Application contents and form. The stormwater administrator shall establish requirements for the content and form of all applications and shall amend and update those requirements from time to time. At a minimum, the stormwater permit application shall describe in detail how post-development stormwater runoff will be controlled and managed, the design of all stormwater facilities and practices, and how the proposed project will meet the requirements of this division.

b.

Submission schedule. The stormwater administrator shall establish a submission schedule for applications, which shall be reviewed and approved by the county board of commissioners. The schedule shall establish deadlines by which complete applications must be submitted for the purpose of ensuring that there is adequate time to review applications, and that the various stages in the review process are accommodated.

c.

Permit review fees. The county board of commissioners shall establish permit review fees as well as policies regarding refund of any fees upon withdrawal of an application, and may amend and update the fees and policies from time to time.

d.

Administrative manual. For applications required under this Code, the stormwater administrator shall compile the application requirements, submission schedule, fee schedule, a copy of this division, and information on how and where to obtain the design manual in an administrative manual, which shall be made available to the public.

e.

Submittal of complete application. Applications shall be submitted to the stormwater administrator pursuant to the application submittal schedule in the form established by the stormwater administrator, along with the appropriate fee established pursuant to this section.

An application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to this division, along with the appropriate fee. If the stormwater administrator finds that an application is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. However, the submittal of an incomplete application shall not suffice to meet a deadline contained in the submission schedule established above.

f.

Review. Within 30 working days after a complete application is submitted, the stormwater administrator shall review the application and determine whether the application complies with the standards of this division.

g.

Approval. If the stormwater administrator finds that the application complies with the standards of this division, the stormwater administrator shall approve the application. The stormwater administrator may impose conditions of approval as needed to ensure compliance with this division. The conditions shall be included as part of the approval.

h.

Fails to comply. If the stormwater administrator finds that the application fails to comply with the standards of this division, the stormwater administrator shall notify the applicant and shall indicate how the application fails to comply. The applicant shall have an opportunity to submit a revised application.

i.

Revision and subsequent review. A complete revised application shall be reviewed by the stormwater administrator within 30 working days after its re-submittal and shall be approved, approved with conditions or disapproved.

If a revised application is not re-submitted within 30 calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee for a new submittal.

One re-submittal of a revised application may be submitted without payment of an additional permit review fee. Any re-submittal after the first re-submittal shall be accompanied by a permit review fee additional fee, as established pursuant to this division.

(Amend. of 6-4-2012, § 1)

(1)

Concept plan and consultation meeting. Before a stormwater management permit application is deemed complete, the stormwater administrator or developer may request a consultation on a concept plan for the post-construction stormwater management system to be utilized in the proposed development project. This consultation meeting should take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to stormwater management designs before formal site design engineering is commenced. Local watershed plans, and other relevant resource protection plans should be consulted in the discussion of the concept plan.

To accomplish this goal, the following information should be included in the concept plan, which should be submitted in advance of the meeting:

a.

Existing conditions/proposed site plans. Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed topography; perennial and intermittent streams; mapping of predominant soils from soil surveys (if available); stream and other buffers and features used in designing buffers and meeting any applicable buffer requirements; boundaries of existing predominant vegetation; proposed limits of clearing and grading; and location of existing and proposed roads, buildings, parking areas and other impervious surfaces.

b.

Natural resources inventory. A written or graphic inventory of natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development and stormwater management.

c.

Stormwater management system concept plan. A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and location of proposed engineered 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 any proposed stream channel modifications, such as bridge or culvert crossings.

(2)

Stormwater management permit application. The stormwater management permit application shall detail how post-development stormwater runoff will be controlled and managed and how the proposed project will meet the requirements of this division, including sections 32-405 through 32-412. All such plans shall be prepared by a qualified registered North Carolina professional engineer, surveyor, soil scientist or landscape architect, and the engineer, surveyor, soil scientist or landscape architect shall perform services only in their area of competence, and shall verify that the design of all stormwater management facilities and practices meets the submittal requirements for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies found in the design manual, and that the designs and plans ensure compliance with this division.

The submittal shall include all of the information required in the submittal checklist established by the stormwater administrator. Incomplete submittals shall be treated pursuant to subsection 32-401(4)e. of this division.

(3)

As-built plans and final approval. Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual "as built" plans for all stormwater management facilities or practices after final construction is completed.

The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the stormwater management measures and plans shall certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this division. A final inspection and approval by the stormwater administrator shall occur before the release of any performance securities.

(4)

Other permits. No certificate of compliance or occupancy shall be issued by the county development services department without final as-built plans and a final inspection and approval by the stormwater administrator, except where multiple units are served by the stormwater practice or facilities, in which case the county development services department may elect to withhold a percentage of permits or certificates of occupancy until as-built plans are submitted and final inspection and approval has occurred.

(Amend. of 6-4-2012, § 1)

(1)

Effect of approval. Approval authorizes the applicant to go forward with only the specific plans and activities authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, state, and federal authorities.

(2)

Time limit/expiration. An approved plan shall become null and void if the applicant fails to make substantial progress on the site within one year after the date of approval. The stormwater administrator may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan.

In granting an extension, the stormwater administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards would infringe the applicant's vested rights.

(Amend. of 6-4-2012, § 1)

(1)

Right of appeal. Any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application of this division made by the stormwater administrator, may file an appeal to the county board of adjustment within 30 days. Variance requests shall be made as provided in the section on variances. In the case of requests for review of proposed civil penalties for violations of this division, the county board of adjustment shall make a final decision on the request for review within 90 days of receipt of the date the request for review is filed.

(2)

Filing of appeal and procedures. Appeals shall be taken within the specified time period by filing a notice of appeal and specifying the grounds for appeal on forms provided by the county. The stormwater administrator shall transmit to the county board of adjustment all documents constituting the record on which the decision appealed from was taken.

The hearing conducted by the county board of adjustment shall be conducted in the nature of a quasi-judicial proceeding with all findings of fact supported by competent, material evidence.

Except as to the timing of appeals in the above two paragraphs, the procedures in section 32-1083 of this chapter shall hold.

(3)

Review by superior court. Every decision of the county board of adjustment shall be subject to superior court review by proceedings in the nature of certiorari. Petition for review by the superior court shall be filed with the clerk of superior court within 30 days after the latter of the following:

a.

The decision of the county board of adjustment is filed; or

b.

A written copy of the decision is delivered to every aggrieved party who has filed a written request for such copy with the secretary to the county board of adjustment at the time of its hearing of the case.

(Amend. of 6-4-2012, § 1)

All development and redevelopment to which this division applies shall comply with the standards of this division. The approval of the stormwater permit shall require an enforceable restriction on property usage that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project plans.

(Amend. of 6-4-2012, § 1)

(1)

Nitrogen and phosphorus loads contributed by the proposed new development shall not exceed the following unit-area mass loading rates: 2.2 and 0.33 pounds per acre per year for nitrogen and phosphorus, respectively.

(2)

Notwithstanding 15A NCAC 2b.104(q), redevelopment subject to this division that would replace or expand existing structures or improvements and would result in a net increase in built-upon area (BUA) shall have the option of either meeting the loading standards identified in subsection (1) or meeting a loading rate that achieves the following nutrient loads compared to the existing development: 40 percent and 77 percent reduction for nitrogen and phosphorus, respectively.

(3)

The developer shall determine the need for engineered stormwater controls to meet these loading rate targets by using the approved accounting tool.

(Amend. of 6-4-2012, § 1)

The nitrogen and phosphorus loading standards in this division are supplemental to, not replacements for, stormwater standards otherwise required by federal, state or local law, including without limitation any riparian buffer requirements applicable to the location of the development. This includes, without limitation, the riparian buffer protection requirements of 15A NCAC 2B.0233 and .0242.

(Amend. of 6-4-2012, § 1)

Stormwater systems shall be designed to control and treat the runoff generated from all surfaces by one inch of rainfall. The treatment volume shall be drawn down pursuant to standards specific to each practice as provided in the design manual. To ensure that the integrity and nutrient processing functions of receiving waters and associated riparian buffers are not compromised by erosive flows, stormwater flows from the development shall not contribute to degradation of waters of the state. At a minimum, the development shall not result in a net increase in peak flow leaving the site from pre-development conditions for the one-year, 24-hour storm event.

(Amend. of 6-4-2012, § 1)

Development subject to this division shall attain nitrogen and phosphorus loading rate reductions on-site that meet the following criteria prior to using an offsite offset measure:

• 30 percent or more reduction in both nitrogen and phosphorus loading from the untreated conditions for any single-family, detached and duplex residential development disturbing one-half acre but less than one acre.

• 50 percent or more reduction in both nitrogen and phosphorus loading from the untreated conditions for any single-family, detached and duplex residential development disturbing more than one acre.

• 30 percent or more reduction in both nitrogen and phosphorus loading from the untreated condition for other development, including multi-family residential, commercial and industrial development disturbing 12,000 square feet but less than one acre.

• 50 percent or more reduction in both nitrogen and phosphorus loading from the untreated condition for other development, including multi-family residential, commercial and industrial development disturbing more than one acre.

• 30 percent or more reduction in both nitrogen and phosphorus loading from the untreated condition for proposed redevelopment activities in a designated downtown area that would replace or expand structures or improvements that existed as of December 2006.

A developer subject to this division may achieve the additional reductions in nitrogen and phosphorus loading required by this division by making offset payments to the NC Ecosystem Enhancement Program contingent upon acceptance of payments by that program. A developer may use an offset option provided by the county. A developer may propose other offset measures to the county including providing his or her own offsite offset or utilizing a private seller. All offset measures permitted by this division shall meet the requirements of 15A NCAC 02B .0282 and 15A NCAC 02B .0240.

(Amend. of 6-4-2012, § 1)

(1)

Evaluation according to contents of design manual. All stormwater control measures, stormwater systems and stormwater treatment practices (also referred to as best management practices, or BMPs) required under this division shall be evaluated by the stormwater administrator according to the policies, criteria, and information, including technical specifications and standards and the specific design criteria for each stormwater practice, in the design manual. The stormwater administrator shall determine whether proposed BMPs will be adequate to meet the requirements of this division.

(2)

Determination of adequacy; presumptions and alternatives. Stormwater treatment practices that are designed, constructed, and maintained in accordance with the criteria and specifications in the design manual and the approved accounting tool will be presumed to meet the minimum water quality and quantity performance standards of this division. Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the design manual, the applicant shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of this division. The stormwater administrator may require the applicant to provide the documentation, calculations, and examples necessary for the stormwater administrator to determine whether such an affirmative showing is made.

(Amend. of 6-4-2012, § 1)

The county may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this division and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

(Amend. of 6-4-2012, § 1)

(1)

Any person may petition the county board of adjustment for a variance granting permission to use the person's land in a manner otherwise prohibited by this division. For all proposed major and minor variances from the requirements of this division, the local county board of adjustment shall make findings of fact showing that:

a.

There are practical difficulties or unnecessary hardships that prevent compliance with the strict letter of the ordinance;

b.

The variance is in harmony with the general purpose and intent of the local watershed protection ordinance and preserves its spirit; and

c.

In granting the variance, the public safety and welfare have been assured and substantial justice has been done.

(2)

In the case of a request for a minor variance, the county board of adjustment may vary or modify any of the regulations or provisions of the ordinance so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done may impose reasonable and appropriate conditions and safeguards upon any variance it grants.

(3)

The county board of adjustment may attach conditions to the major or minor variance approval that support the purpose of the local watershed protection ordinance. If the variance request qualifies as a major variance, and the county board of adjustment decides in favor of granting the major variance, the board shall then prepare a preliminary record of the hearing and submit it to the commission for review and approval. If the commission approves the major variance or approves with conditions or stipulations added, then the commission shall prepare a commission decision which authorizes the county board of adjustment to issue a final decision which would include any conditions or stipulations added by the commission. If the commission denies the major variance, then the commission shall prepare a decision to be sent to the county board of adjustment. The county board of adjustment shall prepare a final decision denying the major variance.

(4)

Appeals from the local government decision on a major or minor variance request are made on certiorari to the local superior court. Appeals from the commission decision on a major variance request are made on judicial review to superior court.

(5)

On request of the stormwater administrator, any person who petitions the county board of adjustment for a variance under this division shall provide notice to the affected local governments of the variance request as required under the Falls Rule, 15A NCAC 2B.0104(r). For purposes of this notice requirement, "affected local governments" means any local governments that withdraw water from Falls Lake or its tributaries downstream of the site of the proposed variance. If the proposed variance is in a water supply watershed area classified as WS II, WS III or WS IV, "affected local governments" also includes any other local governments in the same water supply watershed as the proposed variance. The notice shall provide a reasonable period for comments and shall direct the comments to be sent to the stormwater administrator. The person petitioning for the variance shall supply proof of notification in accordance with this division to the stormwater administrator.

(Amend. of 6-4-2012, § 1)

(1)

Function of BMPs as intended. The owner of each engineered stormwater control installed pursuant to this division shall maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the engineered stormwater control was designed.

(2)

Annual maintenance inspection and report. The person responsible for maintenance of any engineered stormwater control installed pursuant to this division shall submit to the stormwater administrator an inspection report from one of the following persons performing services only in their area of competence: a qualified registered North Carolina professional engineer, surveyor, landscape architect, soil scientist, aquatic biologist, or person certified by the state cooperative extension service for stormwater treatment practice inspection and maintenance. The inspection report shall contain all of the following:

a.

The name and address of the land owner;

b.

The recorded book and page number of the lot of each engineered stormwater control;

c.

A statement that an inspection was made of all engineered stormwater controls;

d.

The date the inspection was made;

e.

A statement that all inspected engineered stormwater controls are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this division; and

f.

The original signature and seal of the engineer, surveyor, or landscape architect.

All inspection reports shall be on forms supplied by the stormwater administrator. An original inspection report shall be provided to the stormwater administrator beginning one year from the date of as-built certification and each year thereafter on or before the date of the as-built certification.

(Amend. of 6-4-2012, § 1)

(1)

In general. Prior to the conveyance or transfer of any lot or building site to be served by a engineered stormwater control pursuant to this division, and prior to issuance of any permit for development requiring a engineered stormwater control pursuant to this division, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the engineered stormwater control. Until the transference of all property, sites, or lots served by the engineered stormwater control, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement.

The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if necessary, reconstruct the engineered stormwater control, and shall state the terms, conditions, and schedule of maintenance for the engineered stormwater control. In addition, it shall grant to the county a right of entry in the event that the stormwater administrator has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the engineered stormwater control; however, in no case shall the right of entry, of itself, confer an obligation on the county to assume responsibility for the engineered stormwater control.

The operation and maintenance agreement must be approved by the stormwater administrator prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the county register of deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the stormwater administrator within 14 days following its recordation.

(2)

Special requirement for homeowners' and other associations. For all engineered stormwater controls required pursuant to this division and that are to be or are owned and maintained by a homeowners' association, property owners' association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions:

a.

Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.

b.

Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the engineered stormwater controls. If engineered stormwater controls are not performing adequately or as intended or are not properly maintained, the county, in its sole discretion, may remedy the situation, and in such instances the county shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the engineered stormwater controls, provided that the county shall first consent to the expenditure.

c.

Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to 15 percent of the initial construction cost of the engineered stormwater controls. Two-thirds of the total amount of sinking fund budget shall be deposited into the escrow account within the first five years and the full amount shall be deposited within ten years following initial construction of the engineered stormwater controls. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

d.

The percent of developer contribution and lengths of time to fund the escrow account may be varied by the county depending on the design and materials of the stormwater control and management facility.

e.

Granting to the county a right of entry to inspect, monitor, maintain, repair, and reconstruct engineered stormwater controls.

f.

Allowing the county to recover from the association and its members any and all costs the county to maintain or repair the engineered stormwater controls or to correct any operational deficiencies. Failure to pay the county all of its expended costs, after 45 days' written notice, shall constitute a breach of the agreement. In case of a deficiency, the county shall thereafter be entitled to bring an action against the association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both. Interest, collection costs, and attorney fees shall be added to the recovery.

g.

A statement that this agreement shall not obligate the county to maintain or repair any engineered stormwater controls, and the county shall not be liable to any person for the condition or operation of engineered stormwater controls.

h.

A statement that this agreement shall not in any way diminish, limit, or restrict the right of the county to enforce any of its ordinances as authorized by law.

i.

A provision indemnifying and holding harmless Granville County for any costs and injuries arising from or related to the engineered stormwater control, unless the county has agreed in writing to assume the maintenance responsibility for the BMP and has accepted dedication of any and all rights necessary to carry out that maintenance.

(Amend. of 6-4-2012, § 1)

Inspections and inspection programs by the county may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs.

If the owner or occupant of any property refuses to permit such inspection, the stormwater administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or interfere with the stormwater administrator while carrying out his or her official duties.

(Amend. of 6-4-2012, § 1)

(1)

May be required. The county may, at its discretion, require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in order to ensure that the engineered stormwater controls are:

a.

Installed by the permit holder as required by the approved stormwater management plan; and/or

b.

Maintained by the owner as required by the operation and maintenance agreement.

(2)

Amount.

a.

Installation. The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 25 percent.

b.

Maintenance. The amount of a maintenance performance security shall be the present value of an annuity of perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and maintenance of the BMPs approved under the permit, at a discount rate that reflects the jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation.

(3)

Uses of performance security.

a.

Forfeiture provisions. The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain any actions which may be required of the applicant or owner in accordance with this division, approvals issued pursuant to this division, or an operation and maintenance agreement established pursuant to this division.

b.

Default. Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any engineered stormwater control in accordance with the applicable permit or operation and maintenance agreement, the stormwater administrator shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after requesting the owner to comply with the permit or maintenance agreement. In the event of a default triggering the use of installation performance security, the county shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

c.

Costs in excess of performance security. If the county takes action upon such failure by the applicant or owner, the county may collect from the applicant or owner the difference between the amount of the reasonable cost of such action and the amount of the security held, in addition to any other penalties or damages due.

d.

Refund. Within 60 days of the final approval, the installation performance security shall be refunded to the applicant or terminated, except any amount attributable to the cost (plus 25 percent) of landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any such landscaping shall be inspected one year after installation with replacement for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released.

(Amend. of 6-4-2012, § 1)

Deed recordation and indications on plat. The applicable operations and maintenance agreement [, conservation easement, or dedication and acceptance into public maintenance (whichever is applicable)] pertaining to every engineered stormwater control shall be referenced on the final plat and shall be recorded with the county register of deeds upon final plat approval. If no subdivision plat is recorded for the site, then the operations and maintenance agreement [, conservation easement, or dedication and acceptance into public maintenance, whichever is applicable] shall be recorded with the county register of deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles.

(Amend. of 6-4-2012, § 1)

The owner of each engineered stormwater control shall keep records of inspections, maintenance, and repairs for at least five years from the date of creation of the record and shall submit the same upon reasonable request to the stormwater administrator.

(Amend. of 6-4-2012, § 1)

The owner of each stormwater BMP, whether engineered stormwater control or non-engineered stormwater control, shall maintain it so as not to create or result in a nuisance condition.

(Amend. of 6-4-2012, § 1)

(1)

Authority to enforce. The provisions of this division shall be enforced by the stormwater administrator, his or her designee, or any authorized agent of the county. Whenever this section refers to the stormwater administrator, it includes his or her designee as well as any authorized agent of the county.

(2)

Violation unlawful. Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this division, or the terms or conditions of any permit or other development approval or authorization granted pursuant to this division, is unlawful and shall constitute a violation of this division.

(3)

Each day a separate offense. Each day that a violation continues shall constitute a separate and distinct violation or offense.

(4)

Responsible persons/entities. Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, engineered stormwater control, practice, or condition in violation of this division shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. Persons subject to the remedies and penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this division, or fails to take appropriate action, so that a violation of this division results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs.

For the purposes of this article, responsible person(s) shall include but not be limited to:

a.

Person maintaining condition resulting in or constituting violation. An architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this division, or fails to take appropriate action, so that a violation of this division results or persists.

b.

Responsibility for land or use of land. The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or practices pursuant to a private agreement or public document, or any person, who has control over, or responsibility for, the use or development of the property.

(Amend. of 6-4-2012, § 1)

The remedies and penalties provided for violations of this division, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.

(1)

Remedies.

a.

Withholding of certificate of occupancy. The stormwater administrator or other authorized agent may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

b.

Disapproval of subsequent permits and development approvals. As long as a violation of this division continues and remains uncorrected, the stormwater administrator or other authorized agent may withhold, and the applicable approval board may disapprove, any request for permit or development approval or authorization provided for by this division or the (zoning, subdivision, and/or building regulations, as appropriate) for the land on which the violation occurs.

c.

Injunction, abatements, etc. The stormwater administrator, with the authorization of the county board of commissioners, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this division. Any person violating this division shall be subject to the full range of equitable remedies provided in the General Statutes or at common law.

d.

Correction as public health nuisance, costs as lien, etc. If the violation is deemed dangerous or prejudicial to the public health or public safety as prescribed by G.S. 153A-140, the stormwater administrator, with the written authorization of the county manager, may cause the violation to be corrected and the costs to be assessed as a lien against the property.

(2)

Civil penalties. The stormwater administrator may assess a civil penalty against any person who violates any provision of this division or of a permit or other requirement pursuant to this division. Civil penalties may be assessed up to the full amount of penalty authorized by G.S. 143-215.6A.

(3)

Criminal penalties. Violation of this division may be enforced as a criminal matter under North Carolina law.

(Amend. of 6-4-2012, § 1)

Editor's note— the Amend. of June 4, 2012, enacted provisions intended for codification as § 32-421 of this chapter. To facilitate indexing, and to avoid duplicate section numbers, said provisions have been redesignated as § 32-420.1.

(1)

Initiation/complaint. Whenever a violation of this division occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the alleged violation and the basis thereof, and shall be filed with the stormwater administrator, who shall record the complaint. The complaint shall be investigated promptly by the stormwater administrator.

(2)

Inspection. The stormwater administrator shall have the authority, upon presentation of proper credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with this division.

(3)

Notice of violation and order to correct. When the stormwater administrator finds that any building, structure, or land is in violation of this division, the stormwater administrator shall notify, in writing, the property owner or other person violating this division. The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation is occurring, order the necessary action to abate the violation, and give a deadline for correcting the violation. If civil penalties are to be assessed, the notice of violation shall also contain a statement of the civil penalties to be assessed, the time of their accrual, and the time within which they must be paid or be subject to collection as a debt.

The stormwater administrator may deliver the notice of violation and correction order by any means authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil Procedure.

If a violation is not corrected within a reasonable period of time, as provided in the notification, the stormwater administrator may take appropriate action under this division to correct and abate the violation and to ensure compliance with this division.

(4)

Extension of time. A person who receives a notice of violation and correction order, or the owner of the land on which the violation occurs, may submit to the stormwater administrator a written request for an extension of time for correction of the violation. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the stormwater administrator may extend the time limit as is reasonably necessary to allow timely correction of the violation, up to, but not exceeding 60 days. The stormwater administrator may grant 30-day extensions in addition to the foregoing extension if the violation cannot be corrected within the permitted time due to circumstances beyond the control of the person violating this division. The stormwater administrator may grant an extension only by written notice of extension. The notice of extension shall state the date prior to which correction must be made, after which the violator will be subject to the penalties described in the notice of violation and correction order.

(5)

Enforcement after time to correct. After the time has expired to correct a violation, including any extension(s) if authorized by the stormwater administrator, the stormwater administrator shall determine if the violation is corrected. The stormwater administrator may act to impose one or more of the remedies and penalties authorized by this division whether or not the violation has been corrected.

(6)

Emergency enforcement. If delay in correcting a violation would seriously threaten the effective enforcement of this division or pose an immediate danger to the public health, safety, or welfare, then the stormwater administrator may order the immediate cessation of a violation. Any person so ordered shall cease any violation immediately. The stormwater administrator may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this division.

(Amend. of 6-4-2012, § 1)

Editor's note— the Amend. of June 4, 2012, enacted provisions intended for codification as § 32-422 of this chapter. To facilitate indexing, and to avoid duplicate section numbers, said provisions have been redesignated as § 32-420.2.

When used in this division, the following words and terms shall have the meaning set forth in this division, unless other provisions of this division specifically indicate otherwise.

Approved accounting tool means the accounting tool for nutrient loading approved by the EMC for the relevant geography and development type under review.

Built-upon area (BUA) means that portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built-upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. The project site or area must exclude any land adjacent to the area disturbed by the project that has been counted as pervious by any other development regulated under a federal, state or local stormwater regulation.

Commission means the North Carolina Environmental Management Commission, or its successor agency resulting from action of the North Carolina General Assembly.

Department means the North Carolina Department of Environment and Natural Resources, or its successor agency resulting from action of the North Carolina General Assembly.

Design manual means the stormwater design manual approved for use in this part of the Falls Watershed by the department for the proper implementation of the requirements of the Falls Watershed stormwater program. All references herein to the design manual are to the latest published edition or revision.

Development means any land-disturbing activity that increases the amount of built-upon area or that otherwise decreases the infiltration of precipitation into the soil.

Division means the division of water quality in the department.

Existing development means development not otherwise exempted by this division that meets one of the following criteria:

(1)

It either is built or has established a statutory or common-law vested right as of the effective date of this division; or

(2)

It occurs after the effective date of this division, but does not result in a net increase in built-upon area and does not decrease the infiltration of precipitation into the soil.

Engineered stormwater control means a physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre-development hydrology on a developed site; or to achieve any combination of these goals. Engineered stormwater control includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. "Engineered stormwater control" is synonymous with "structural practice," "stormwater control facility," "stormwater control practice," "stormwater treatment practice," "stormwater management practice," "stormwater control measures," "structural stormwater treatment systems," and similar terms used in this division. It is a broad term that may include practices that do not require design by a professionally licensed engineer.

Land disturbing activity means any use of the land that results in a change in the natural cover or topography that may cause or contribute to sedimentation.

Larger common plan of development or sale means any area where multiple separate and distinct construction or land-disturbing activities will occur under one plan. A plan is any announcement or piece of documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, permit application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot.

Major variance means a variance from the minimum statewide watershed protection or Falls rules that results in the relaxation, by a factor greater than five percent of any buffer, density or built-upon area requirement under the high density option; any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system; or relaxation by a factor greater than ten percent, of any management requirement under the low density option. For provisions in this division that are more stringent than the state's minimum water supply protection rules and Falls rules, a variance to this division is not considered a major variance as long as the result of the variance is not less stringent than the state's minimum requirements.

Minor variance means a variance from the minimum statewide watershed protection or Falls rules that results in a relaxation, by a factor of up to five percent of any buffer, density or built-upon area requirement under the high density option; or that results in a relaxation by a factor up to ten percent, of any management requirement under the low density option.

One-year, 24-hour storm means the surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 12 months and with a duration of 24 hours.

Outfall means a point at which stormwater:

(1)

Enters surface water; or

(2)

Exits the property of a particular owner.

Owner means the legal or beneficial owner of land, including but not limited to a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. "Owner" shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of "owner" under another description in this definition, such as a management entity.

Person includes, without limitation, individuals, firms, partnerships, associations, institutions, corporations, municipalities and other political subdivisions, and governmental agencies.

Redevelopment means any development on previously-developed land. Redevelopment of structures or improvements that (i) existed prior to December 2006 and (ii) would not result in an increase in built-upon area and (iii) provides stormwater control at least equal to the previous development is not required to meet the nutrient loading targets of this division.

Stormwater system means all engineered stormwater controls owned or controlled by a person that drain to the same outfall, along with the conveyances between those controls.

Structural stormwater or nonstructural stormwater best management practices (BMPs) means a structural or nonstructural management-based practice used singularly or in combination to reduce non-point source inputs to receiving waters in order to achieve water quality protection goals.

Substantial progress means, for the purposes of determining whether sufficient progress has been made on an approved plan, one or more of the following construction activities toward the completion of a site or subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued for more than 30 days; or installation and approval of on-site infrastructure; or obtaining a building permit for the construction and approval of a building foundation. "Substantial progress" for purposes of determining whether an approved plan is null and void is not necessarily the same as "substantial expenditures" used for determining vested rights pursuant to applicable law.

(Amend. of 6-4-2012, § 1)

Editor's note— the Amend. of June 4, 2012, enacted provisions intended for codification as § 32-423 of this chapter. To facilitate indexing, and to avoid duplicate section numbers, said provisions have been redesignated as § 32-420.3.